Terms and Conditions
Welcome to AiNerd, a website located at https://www.ainerd.com (the “Site”) and operated by AiNerd. (“AiNerd”, “us”, “our”, and “we”). AiNerd provides the Site, and services provided through the Site (“Services”) including using artificial intelligence to create content for our customers.
Account Creation: In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions in your Account. We may suspend or terminate your Account in accordance with these Terms.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Our Site may provide informational and educational content. All content on this Site is for informational and educational purposes only, is general in nature, and under no circumstance does the content on our Site undertake to give advice for your particular situation. The content on our Site is not meant to be relied upon by Site visitors in reliance on making any decisions. In the event that you use the information provided through our Site or Services, we assume no responsibility.
We may include a contact form on our Site that allows you to get in touch with us to inquire about our Services, provide feedback, or request collaborations. Our contact form may ask for your personal information such as your name, email address, phone number, and reason for your inquiry.
Content Creation Services
User Responsibilities: You will provide AiNerd with any information or materials necessary for AiNerd to provide the Services. User represents and warrants that it has all proper rights and licenses to use any such images, logos or any other materials submitted with User’s content request.
Right not to Publish and to Edit: You have the final right to publish any content created or generated by AiNerd (“Content”). You, in your sole discretion and for any reason, may choose not to publish any Content or may, at any time, remove, withdraw, postpone the publication of or edit such Content, whether in whole or in part.
No Liability Indemnification: AiNerd will not be held liable for any claims or damages, whether direct, indirect, or consequential from your use or publication of Content or reliance upon any statement, advice, suggestion, or recommended course of action given by AiNerd. You agree to indemnify, defend and hold harmless AiNerd against any and all loss, liability, expenses and costs (including attorneys’ fees, judgments, fines and amounts paid in settlement) actually and reasonably incurred by AiNerd in connection with any threatened, pending, completed or future action suit or proceeding to which AiNerd is, or is threatened to be, made a party arising from or related to any published Content or the Services that have been provided.
Pricing and Subscriptions:Certain aspects of the Services may be provided for a fee, subscription or other charge. If you purchase a subscription from AiNerd, this subscription will automatically renew at the end of each billing cycle, at which point you will automatically be charged on your anniversary date for the next billing cycle. If you upgrade your subscription you will be prorated for the remainder of the billing cycle and you will be billed the full price of the upgraded subscription the following month. One-time purchases will be charged at the time of the transaction. AiNerd may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms.
Payment Information: Taxes. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases or transactions.
Trial Period or Discount Rates:We may offer free trial subscriptions or discount introductory subscriptions to the Service, in our sole discretion, to allow Users to become familiar with the many benefits of the subscription plans we offer. Trials and introductory offers are available to new (first-time) Users only, limited to one per household, and cannot be combined with any other offer. We will begin charging your card the applicable subscription fee at the then-current rate on the first day following the end of your trial or introductory offer period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL OR INTRODUCTORY OFFER PERIOD TO AVOID HAVING YOUR CARD CHARGED.
Chargebacks: If you have a dispute concerning any payment transaction, please contact us at https://www.ainerd.com . If, at any time, you contact your bank or credit card company to reject the charge of any payable fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, your User Account may be terminated and any files, data, or content contained in your Account may be subject to cancellation. We will not be liable for any loss of files, data or content as a result of a Chargeback. Without limiting other available remedies, you must pay AiNerd upon demand for amounts owed under these Terms, plus interest on the outstanding amount at the lesser of one percent (1%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
Cancellation: Users may cancel their Account or any paid Service at any time by following the instructions in your Account. If you cancel Services that were a part of any automatic recurring subscription, those Services will terminate at the end of your current billing cycle. If you wish to cancel any Service before you are automatically charged for the next billing cycle, we recommend you take the steps necessary to cancel such Services no later than five (5) days before the end of the current billing cycle to allow enough time for the cancellation to process.
Location Information; Consent to Use of Data and Mobile Communications
AiNerd may implement a location feature where the Services will automatically collect your geolocation information if you provide your consent. AiNerd may also use location information to provide information and advertising to Users. YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY REMOVING LOCATION PERMISSIONS FROM YOUR BROWSER AND/OR USING THE PRIVACY SETTINGS ON YOUR DEVICE AND/OR BY UNINSTALLING THE APP.
You also consent to AiNerd communicating with you about the Service or in connection with the features, functions and activities contained on the Services by SMS, text message, email, social media, or other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply to these communications. You may opt-out of receiving SMS or text messages at any time.
Rights and Licenses
License to Use Services: We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.
Certain Restrictions: The rights granted to you in these Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these Terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to these Terms. All copyright and other proprietary notices on any Services content must be retained on all copies. You further agree that you will not seek to hire or otherwise engage sellers for future Services, or solicit buyers to purchase your services unless you sell/purchase the Services directly from us. Any violations of this restriction will be prosecuted to the fullest extent of the law.
Modification:We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in Section 9.
Support or Maintenance:Support or Maintenance. You acknowledge that we have no obligation to provide you with any support or maintenance relating to the Services and may provide such support or maintenance in our discretion.
Ownership of the Services:Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in these Terms.
User Content: “User Content” means all information and content that a User submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- 1. You are solely responsible for your Account and the activity that occurs while signed in to or while using your Account;
- 2. You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
- 3. You will abide by our Acceptable Use Policy below; and
- 4. You affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service. We may remove, in our sole discretion, any User Content we deem a violation of these Terms.
License: You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Services and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy: Your permission to use the Services is conditioned upon the following restrictions: You agree that you will not under any circumstances:
1. post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually,, or otherwise objectionable and offensive;
2. use the Service for any unlawful purpose or for the promotion of illegal activities;
3. attempt to, or harass, stalk, abuse or harm another person or group;
4. publish or post or incentivize someone else to publish or post another user or individual’s private information (known as doxing);
5. use another user’s account without permission;
6. interfere or attempt to interfere with the proper functioning of the Service;
7. make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
8. use the Services or any of its contents to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with our Service;
9. hold yourself out as an agent, representative, employee or affiliate of AiNerd;
10. bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
11. publish or link to malicious content intended to damage or disrupt another User’s browser or computer.
Feedback:If you provide us any feedback or suggestions regarding the Services (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Links to Other Sites and/or Materials
Third-Party Sites and Third-Party Content: As part of the Service, we may provide you with convenient links to third party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties such as applications, software, or content (the “Third-Content”). Users may also include links to their website or other Third-Party Sites on their postings. These links are provided as a courtesy to Service subscribers. We have no control over Third-Party Sites and Third-Party Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Content. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our Terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites, and Third-Party Content. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify and hold us (and our officers, employees, and Followers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content or any published Content, (c) your violation of these Terms; (d) your violation of applicable laws or regulations; (e) infringement of intellectual property rights, and (f) any damage to a person or property caused by a User of the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.
AiNerd MAKES NO REPRESENTATION THAT MATERIALS ON THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES. ACCESS TO THIS SITE FROM COUNTRIES OR TERRITORIES WHERE SUCH ACCESS IS ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THE SERVICES OUTSIDE THE UNITED STATES DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
IN NO EVENT WILL AiNerd’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID AiNerd IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Services (including your Account) or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Account or deletion of your User Content. Upon termination of these Terms, all of the provisions will terminate except those that by their nature should survive.
We respect the intellectual property of others and ask that users of our Services do the same. In connection with our Services and in accordance with the Digital Millennium Copyright Act’s (“DMCA”), we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Follower:
- 1. your physical or electronic signature;
- 2. identification of the copyrighted work(s) that you claim to have been infringed;
- 3. Identification of the material on our Services that you claim is infringing and that you request us to remove;
- 4. Your address, telephone number, and e-mail address;
- 5. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its Follower, or under the law; and
- 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Designated Copyright Agent is:
Counter Notice Procedures:If you receive a notification from AiNerd that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide AiNerd with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Company’s Designated Agent through one of the methods identified above, and include substantially the following information:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND AiNerd HAVE AGAINST EACH OTHER ARE RESOLVED.
You and AiNerd agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Choice of Law: This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Claim Limitations. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Agreement to Arbitrate: You and AiNerd each agree that any and all disputes or claims that have arisen or may arise between you and AiNerd relating in any way to or arising out of this or previous versions of these Terms, your use of or access to AiNerd ‘s Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration located in Atlanta, Georgia, rather than in court. Alternatively, you may assert your claims in small claims court in Atlanta, Georgia, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of these terms to Arbitrate.
The arbitration will be conducted by the JAMS Arbitration (“JAMS”) under its applicable rules and procedures, as modified by these terms to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.
Your rights will be determined by a neutral arbitrator and not a judge or jury. The arbitration procedures are simpler and more limited to rules in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Atlanta, Georgia.
Changes to Agreement:This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Copyright/Trademark Information:Copyright © 2021 AiNerd, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Last Updated April 2, 2021