IMPORTANT NOTICE : YOUR USE OF POST CHEETAH IS SUBJECT TO THE MANDATORY ARBITRATION PROVISIONS AND CLASS ACTION WAIVER SET FORTH BELOW IN SECTION 8. BY SIGNING UP FOR AN ACCOUNT AND USING OUR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION TO ARBITRATE AND TO WAIVE YOUR RIGHTS TO A CLASS ACTION OR OTHER CLASS-BASED PROCEEDING.
YOU MAY OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER AS SET FORTH IN SECTION 8.5 BELOW.
- 1.1. General. We are Lucid Digital LLC, a Florida limited liability company (“Company,” “we,” or “us”.) Subject to this AI Software as a Service Agreement (“Agreement”), we agree to provide AI software Services to you (“you”) on the terms and conditions set forth in this Agreement.
- 1.3. Modification. We may modify this Agreement from time to time. When we make material changes, we will notify you before those changes become effective. If you choose to continue to use our Services after we publish changes to this Agreement and the Policies, that means you are consenting to the updated Agreement and Policies as of their effective date.
- 1.4. User Account. To access our Services, you must register for an Account and become a Member. You must have a valid email address to register for an Account. We may offer different tiers of membership and accounts, including a free tier. You are responsible for keeping your Account access credentials secure.
- 1.5. License. We own the software that we use to provide Services to you and we grant you a license to use our AI software platform subject to this Agreement and applicable laws. Our Services use and integrate OpenAI’s ChatGPT platform and your use of our Services is expressly subject to the terms and conditions of OpenAI, which can be found here: https://openai.com/policies/terms-of-use. Please note that OpenAI may change these terms from time to time and it is your sole responsibility to periodically review them to ensure your compliance therewith.
- 1.6. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide us any of these things, we may use such information without restriction or compensation to you.
2.Eligibility and Restrictions
- 2.1. Age. You must be 18 years old to use our Services. If you use the Services on behalf of another person or entity, you must have the authority to accept this Agreement on their behalf.
- 2.2. Geographic restrictions: Our services rely on OpenAI’s ChatGPT, which not currently available for use in: Afghanistan, Bahrain, Belarus, Burundi, Cameroon, Central African Republic, Chad, China, Cuba, Egypt, Equatorial Guinea, Eritra, Eswatini, Ethiopia, Iran, Laos, Libya, North Korea, Russia, Saudi Arabia, Somalia, South Sudan, Sudan, Syria, Tajikistan, Turkmenistan, Uzbekistan, Venezuela, Vietnam, Yemen, Zimbabwe. Our Services may not be accessed from these restricted countries and regions. For more information please see: https://platform.openai.com/docs/supported-countries.
- 2.3. Void where prohibited. Any offer for any product, service, and/or information made in connection with our Services is void where prohibited by applicable law or regulation.
- 2.4. Limits on use. If you use our Services, you must use them in a responsible and lawful manner, consistent with the applicable laws and regulations of your jurisdiction. Even if you are able to access our Services from your jurisdiction, it is your responsibility to be aware of all applicable laws and to abide by those laws. We make no representation to you regarding the lawfulness or compliance of your access to or use of the Services.
- 2.5. Notification of Improper Use. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any of your acts or omissions, including any damages of any kind that you cause. You may not use our Services in a way that infringes, misappropriates or violates any person’s rights. You may not reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of our Services (except to the extent such restrictions are contrary to applicable law). You may not use our tools to create a competing service. You may not represent that any content generated using our Services was created by a human when it is not. You may not buy, sell, or transfer API keys without our prior consent. You may not send us any personal information of children under 13 or the applicable age of digital consent. If we believe that you have violated or attempted to violate any of these conditions or the spirit of this Agreement, your ability to use and access our Services may be temporarily or permanently revoked, with or without notice.
- 3.1. Paid Subscription. If you purchase any of our paid Services or subscribe for a paid Account, you agree to pay the applicable fees and taxes for each subscription period at the start of that subscription period. You agree that your purchase may be subject to foreign exchange fees.
- 3.3. Credits; Monthly Plan. To use our Services, you must acquire credits, which may be purchased on an individual basis or which are granted to you as part of your monthly subscription. Each credit can be used to generate AI articles, images, and for other AI tasks available through our Services. Credits that users receive as part of their monthly subscription and remain unused, expire at the end of each calendar month and are not transferred to the following month. Users who are on subscription plans will have their credits balance reset on the first day of each month. Credits that are purchased on an individual (or a la carte) basis do not expire and carry over from month-to-month until they are used.
- 3.4. Termination. To avoid future charges, you may cancel or suspend your subscription or paid Account access before the renewal date from the Billing page.
- 3.5. Use Subject to Our Discretion. We reserve the right to terminate your account or deny access to the website or the Services for any reason.
- 3.6. No Refunds; Credits Not Transferrable. Any payments to us for a subscription, credits, or paid Account access are deemed prepaid and not subject to a refund for any reason, except as may be required by law. Credits are not transferrable to any other person or entity for any reason. Any credits received as part of a monthly subscription that remain unused at the end of the month expire without any refund or recourse to the user.
- 4.1. How Our Services Work. Our Services work by taking content that you have created, “input,” and using keywords and SEO trends to provide relevant “output,” and then post it on your website, blog, or social media. You represent that you either own or have a license to publish and use all of the content that you designate as input, but you grant us a limited license to use it to prompt a large language model (through OpenAI’s ChatGPT) to generate relevant output content.
- 4.2. Output: When our AI model generates output content, we assign you all right, title, and interest in the output content. You may use it for any purpose that complies with this Agreement and the laws that apply to you, but you grant us the right to use that content to provide, maintain, and improve our Services.
- 4.3. Disclaimer of Uniqueness. Due to the nature of machine learning, content generated by a large language model may not be unique.
- 4.4. Disclaimer of Accuracy. Artificial intelligence and machine learning are new technology and are rapidly evolving fields of study. Content generated by our AI Services may not accurately reflect real people, places, or facts, and may otherwise be erroneous. You are solely responsible for evaluating the accuracy of any output appropriate for your use case, including by using human review of the output.
- 4.5. NEW TECHNOLOGY RISK. You acknowledge and understand that there may be issues and malfunctions with the AI technology, including with OpenAI and its ChatGPT model that may impact our provision of the Services. There may be a network failure or code error that may impact our provision of the Services, their stability, or integrity. We are not responsible for any such issues or malfunctions, including those that result in any loss or damage to you. By using our Services, you voluntarily assume the risk of new technology, and while we will use our reasonable efforts to ensure Services stability and security, such stability and security cannot be guaranteed and you are using our Services solely at your own risk.
5.Other content, sites, and apps.
- 5.1 Your use of others’ content and information that may be generated by our Services is at your own risk.
- 5.3 Because search engines control rankings, we cannot guarantee SEO results.
- 6.1. DMCA / Copyright complaints. If you believe that your intellectual property rights have been infringed, please send written notice to the address below. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.
7.Indemnification, Disclaimer of Warranties, Limitations on Liability.
- 7.1. Indemnity. You agree to indemnify, release and to hold harmless us, our affiliates and agents, as well as the officers, directors, employees, shareholders, attorneys, and any of their representatives (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with your use of the Services, and as may be claimed by any third parties against any of the Released Parties.
- 7.2. No Warranty. We make no representation or warranty about the Services, including any representation that the Services will be uninterrupted or error-free, and provide the Services (including content and information) on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, wev disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.
- 7.3. Limitation of Liability. To the fullest extent permitted by law we will not be liable in connection with this Agreement for lost profits or lost business opportunities, damages to reputation, loss of data, or any indirect, incidental, consequential, special or punitive damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages.
Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination of any contract or other relationship or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The law of this Arbitration Agreement shall be Florida law.
The arbitration will be conducted by a single, neutral arbitrator and shall take place telephonically, via video conferencing technology, or in Miami, Florida, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request or at the order of the arbitrator, hearings may be conducted in person or by telephone or via video conferencing technology, and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys' fees.
The arbitrator shall apply the laws of the State of Florida, without reference to its conflict of laws principles.
- 8.1. General. This Section 8 applies to any Dispute except for Disputes relating to the enforcement or validity of intellectual property rights, which may be addressed through litigation or any other appropriate method without regard to this Section. The term “Dispute” means any dispute, action or other controversy between you and us concerning this Agreement, the Policies, or the Services, or any other product, service or information we make available to you, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, any supporting evidence (such as communications or screenshots), and the relief requested. You must send any Notice of Dispute by email to [email protected]. We will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address, and you agree to receive any Notices of Dispute either by mail or email. The parties will strive to negotiate and attempt to resolve the dispute for a period of at least sixty (60) days (“Formal Complaint Process”). After the sixty (60) day period, either party may initiate arbitration as provided in this Section. You agree to use the Formal Complaint Process before initiating arbitration.
8.2. NOTHING IN THIS AGREEMENT OR THIS SECTION PRECLUDES OR IS INTENDED TO PRECLUDE YOUR RIGHTS TO PROCEED IN THE APPLICABLE SMALL CLAIMS COURT OR YOUR RIGHT TO PUBLIC INJUNCTIVE RELIEF AGAINST US.
- 8.4. CLASS ACTION WAIVER: TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
- 8.5. Opt Out. You have the right to opt out of and not to be bound by the arbitration and class action waiver provisions set forth in this Agreement. To exercise this right, you must send written notice of your decision by email to [email protected]. Your notice must include your name, mailing address, and user name associated with your Account, and state that you do not wish to resolve disputes with us through arbitration. To be effective, this notice must be postmarked or deposited or received by us (if sent by email) within 30 days of the date on which you first accepted this Agreement unless a longer period is required by applicable law; otherwise you will be bound to arbitrate disputes in accordance with this section. You are responsible for ensuring that we receive your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these arbitration provisions, we will not be bound by them with respect to any Disputes with you.’
- 9.1. Entire Agreement. This Agreement (including the Policies, which are expressly integrated herein and made a part hereof) are the entire agreement between you and us. There are no other agreements, any prior agreements, arrangements, or understandings have been merged into this Agreement.
- 9.2. Severability. To the extent that any part of the Terms is found to be unenforceable or invalid by a court, the unenforceable or invalid portion shall be severed from the rest of the Terms, and the remaining Terms shall be given their full effect to the maximum extent permitted by law.
- 9.3. Notices to You by Email. You agree that we may provide any and all notices to you via email at the email address you provide at the time of Account registration, and that all such notices shall be deemed given at the time that they are sent.
- 9.4. Assignment. We may assign ths Agreement at our discretion, in whole or in part, at any time without any notice to you. You may not assign any part of this Agreement or any license given to you by us in relation to the Agreement.
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