Terms of Service for AI Pen Mate

1. Introduction

Welcome to AI Pen Mate ("Service"), a software-as-a-service platform owned and operated by AI Pen Mate, Inc. ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our AI-powered book writing platform.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Service. Please read these Terms carefully before using the Service.

2. Eligibility

To use the Service, you must be at least 16 years old (or the applicable minimum age in your jurisdiction). By using the Service, you represent and warrant that you meet the eligibility requirements. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Creation and Responsibility

3.1 Registration

To access certain features of the Service, you must register for an account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized access to or use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

3.3 Account Tiers

The Service offers various account tiers with different features and pricing. Additional terms may apply to specific account tiers, which will be disclosed to you at the time of purchase.

4. Subscription and Payment

4.1 Subscription Terms

The Service is offered on a subscription basis. Unless otherwise specified, subscriptions automatically renew for additional periods equal to the initial subscription term unless canceled by you at least 30 days before the end of the current term.

4.2 Fees and Payment

Fees for the Service are described on our website or within the Service. All fees are in US dollars unless otherwise specified. You agree to pay all fees associated with your account. Fees are non-refundable except as required by law or as expressly stated in these Terms.

4.3 Free Trials

We may offer free trials of the Service. At the end of the free trial period, we will automatically begin charging your payment method for the subscription unless you cancel before the end of the trial.

4.4 Changes to Fees

We reserve the right to change our subscription fees at any time. If we change subscription fees, we will provide notice at least 30 days before the change takes effect. Your continued use of the Service after such notice constitutes your acceptance of the new fees.

5. Content and Intellectual Property

5.1 Your Content

"Your Content" means any text, information, data, or other materials that you upload, submit, or otherwise provide to the Service. You retain all rights to Your Content. By uploading Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display Your Content solely for the purpose of providing and improving the Service.

5.2 AI-Generated Content

"AI-Generated Content" means any content generated by our artificial intelligence systems based on your inputs and directions. You own all rights to the AI-Generated Content produced specifically for you through your use of the Service, subject to our ownership of the underlying technology and algorithms. This means while you own the content created for you, the AI models and technology used to generate it remain our property.

5.3 Service Content

The Service, including all software, algorithms, design, text, graphics, logos, and other content provided by us ("Service Content"), is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service Content solely for the purpose of using the Service.

5.4 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service or Service Content
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use the Service to develop a competing product or service
• Use automated methods to scrape or extract data from the Service
• Remove any copyright, trademark, or other proprietary notices from the Service
• Use the Service in any manner that could damage, disable, or impair the Service

5.5 Feedback

If you provide us with feedback or suggestions regarding the Service ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into the Service without any obligation to compensate you.

6. Acceptable Use Policy

6.1 Prohibited Uses

You agree not to use the Service to:

• Violate any applicable law or regulation
• Infringe upon the intellectual property rights of others
• Generate, upload, or distribute harmful, offensive, or illegal content
• Harass, abuse, or harm others
• Distribute malware or engage in malicious activities
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to any part of the Service

6.2 Content Guidelines

You agree not to use the Service to create content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, or invasive of another's privacy
• Constitutes plagiarism or infringes on the intellectual property rights of others
• Contains malicious code or technology
• Is deceptive or fraudulent
• Constitutes unsolicited commercial communications ("spam")

6.3 Enforcement

We reserve the right, but not the obligation, to monitor or review any content created through the Service. We may remove or refuse to display content that we believe violates these Terms or applicable laws.

7. Data Privacy and Security

7.1 Privacy Policy

Our collection and use of personal information in connection with the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.2 Data Security

We implement reasonable technical, administrative, and physical safeguards to protect your data. However, no security measures are perfect, and we cannot guarantee absolute security.

8. Termination

8.1 Termination by You

You may terminate your account at any time by following the instructions on the Service or by contacting us. Upon termination, your right to use the Service will immediately cease.

8.2 Termination by Us

We may suspend or terminate your access to the Service at any time, without notice, for any reason, including if we believe that you have violated these Terms. Upon termination, your right to use the Service will immediately cease.

8.3 Effect of Termination

Upon termination, we may delete your account and any data associated with it. The following sections survive termination: Content and Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE IS LIMITED TO THE AMOUNT PAID BY YOU TO US FOR ACCESS TO THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

11. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

12. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on our website or within the Service. Your continued use of the Service after the posting of the revised Terms constitutes your acceptance of the changes. If any change to these Terms is not acceptable to you, you must stop using the Service.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

13.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall be conducted in English and shall take place in Delaware or another location mutually agreeable to the parties. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms applicable to specific features of the Service, constitute the entire agreement between you and us regarding the Service.

14.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of the Company.

14.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@aipenmate.com
Phone: 202-743-6122
Address: 4 Byers Ct, Randallstown, MD 21133