Please read these Terms of Service (the “Terms”) and our Privacy Notice (“Privacy Notice”) carefully because they govern your use of the AI Digital, LLC , (ofans.ai”) website located at www.ofansai.com (the “Site”), ofans.ai copy content generation services, and any copy content generated by ofans.ai’s services for you based on your User Content (defined below) (“Generated Content”). To make these Terms easier to read, the Site, our services, and the Generated Content are collectively called the “Services.”
Pursuant to the Terms and Conditions, the User shall not engage in the following actions:
- Decrypt, disassemble, decompile, reverse engineer, translate, or otherwise attempt to access the source code of any component or software utilized in the provision of the Services.
- Interfere with, or endeavor to interfere with, the access of any User, host or network, including, but not limited to, disseminating viruses, overloading systems, flooding networks, sending spam, or mail-bombing the Services.
- Collect or store any personally identifiable information of other Users of the Services without obtaining their express permission.
- Impersonate or misrepresent affiliation with any person or entity.
- Provide or upload to the Services any information classified as “Protected Health Information” under the Health Insurance Portability and Accountability Act.
- Utilize the Services in a manner that causes harm to society, including, but not limited to, (i) misleading end users that Generated Content was generated by a human for use cases not involving human input, (ii) generating spam, and (iii) generating content for dissemination in electoral campaigns.
- Use the Services in violation of any applicable law or regulation, including, but not limited to, (i) illegal activities such as child pornography, gambling, piracy, copyright infringement, trademark infringement, or other intellectual property offenses, (ii) accessing or authorizing access to the Services from an embargoed country as prohibited by the United States government, and (iii) threatening, stalking, defaming, defrauding, degrading, victimizing, or intimidating any individual.
- Encourage or enable any other person to engage in any of the foregoing activities.
While ofans.ai is not obligated to monitor access to or use of the Services or review or edit any content, it retains the right to do so for the purpose of operating the Services, ensuring compliance with the Terms, and complying with applicable law or other legal requirements. ofans.ai reserves the right, but is not obligated, to remove or disable access to any content, including User Content, at any time without notice if it is deemed objectionable or in violation of the Terms. In the event of a violation of the Terms or conduct affecting the Services, ofans.ai may investigate and cooperate with law enforcement authorities to prosecute violators of the law.
DMCA/Copyright Policy. ofans.ai respects copyright law and expects its users to do the same. It is ofans.ai’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Third Party Websites: Services may provide access to third-party websites, which ofans.ai is not responsible for. Users assume all risk when using these resources.
Termination of Access to Services: ofans.ai reserves the right to suspend or terminate a user’s access to the Services, including their account, at any time and without prior notice. The user may also elect to cancel their subscription and account at any time by accessing the ofans.ai platform and cancelling their subscription.
Refund Policy ofans.ai does not provide refunds for its subscription services once payment has been processed. If you encounter any issues with your purchase, you are encouraged to reach out to our customer support team within seven (7) days of the transaction. Our team will make every effort to resolve the issue to your satisfaction. However, we reserve the right to deny requests for refunds at our discretion, including but not limited to cases in which our terms of service have been violated. By purchasing a subscription to our service, you acknowledge and agree to this refund policy.
Warranty Disclaimer: The Services are provided “as is” without warranty. ofans.ai and its licensors explicitly disclaim any implied warranties and make no warranty that the Services will be uninterrupted, secure, or error-free.
Indemnity: Users must indemnify and hold ofans.ai and its licensors harmless from any claims arising from use of the Services, User Content, or violation of these terms.
Limitation of Liability: To the maximum extent permitted by law, ofans.ai and its licensors will not be liable for any damages arising from use of the Services. ofans.ai’s total liability will not exceed amounts paid or payable by the user, or $50 if there have been no payment obligations to ofans.ai.
Content Disclosure and Responsibility. In order to facilitate the provision of Services and Apps by AI Digital, LLC. (ofans.ai), which enables the generation of content for use in communication, ofans.ai may require access to Your messages, interactions, and content. You acknowledge that any such information will be shared with ofans.ai in order to generate suggested replies using third-party AI services. You hereby represent and warrant that You are the rightful owner of any content shared with ofans.ai, and provide Your full consent for ofans.ai to use such content for the purpose of delivering its Services. You acknowledge that ofans.ai assumes no responsibility for the content You decide to share. You agree that the sharing of content with ofans.ai may occur through Your interaction with the Services and Apps, including but not limited to the use of buttons or links labeled with text such as “generate reply”, “suggest reply”, “generate message”, or similar, when the app (Chrome extension) is activated.
AI Learning and Data Usage Acknowledgment. By using the Services and Apps provided by AI Digital, LLC. (ofans.ai), you expressly understand and agree that the data and content you provide by using the app (Chrome extension) may be used for the purpose of training, improving, and enhancing artificial intelligence (AI) systems and algorithms utilized by ofans.ai and its third-party AI service providers. You acknowledge that the data and content you share with ofans.ai may be anonymized, aggregated, or otherwise processed to contribute to the development and refinement of the AI systems in order to improve the quality and performance of the Services and Apps. You also agree that ofans.ai and its third-party AI service providers shall have the right, but not the obligation, to retain, store, and use such data and content for these purposes without any additional compensation, attribution, or liability to you.
Expiration of Credits. This section sets forth the terms and conditions regarding the expiration of credits, which are utilized to access the services provided by ofans.ai, an AI Digital, LLC offering. Each activation of the AI service, including but not limited to generating replies or creating new messages, incurs a cost of one credit. Validity of Credits: Credits granted in accordance with the subscription plan purchased shall not remain valid indefinitely and shall be subject to expiration. Expiration Date: Any unused credits shall expire on a monthly basis as per the customer’s billing schedule. Bonus credits, if awarded, shall expire upon termination of the subscription plan. Use of Credits: It is highly recommended that customers utilize their credits prior to their expiration date to receive maximum value from their investment and fully benefit from ofans.ai’s services. Customer Responsibility: The customer shall be responsible for monitoring their credit balance. The company shall not be held liable for any expired credits or the customer’s failure to use their credits due to expiration. No Refunds: Once credits have expired, they shall not be reinstated or refunded. By subscribing to ofans.ai, the customer agrees to be bound by these terms and conditions with respect to the expiration of credits. Should the customer have any questions or concerns, they may contact ofans.ai for assistance. Our goal is to provide a positive customer experience.
Earning Bonus Credits Bonus credits are credits that are added to your account as a reward for being an active subscriber of ofans.ai. As a subscriber, you are eligible to earn bonus credits each month of your active paid subscription. The number of bonus credits allocated can be viewed on the pricing table located on the pricing page. Additionally, bonus credits can be earned by referring new paid customers to ofans.ai. In order to earn bonus credits through referrals, the referred customer must use a unique referral link provided to you in your dashboard and become a paying subscriber of ofans.ai. Upon successful subscription, the bonus credits will be automatically credited to your account. ofans.ai reserves the right to modify or discontinue the bonus credit earning program at any time without prior notice.
Governing Law: These terms will be governed by federal arbitration law and the laws of California. Disputes will be resolved through arbitration, except as otherwise specified in Section “Dispute Resolution.”
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) between you and ofans.ai will be the state and federal courts located in the Northern District of California and you hereby consent to personal jurisdiction and waive any objections to such jurisdiction and venue.
Dispute Resolution & Waiver of Jury Trial: Any claims or causes of action arising from or related to this Agreement, including but not limited to the Privacy Policy and ofans.ai, will be resolved in the state and federal courts located in or serving State of California. Each party must bring their claims individually and cannot bring a claim as a representative or class member. Both parties irrevocably waive their right to a jury trial.
Exceptions to Agreement to Arbitrate. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights, in any court with jurisdiction.
Retention of Ownership. ofans.ai and its licensors solely possess all rights, title, and interest in the Services, including all related intellectual property rights. ofans.ai does not assert ownership of the Generated Content. You acknowledge that the Services are safeguarded by U.S and foreign copyright, trademark, and other laws. You agree to not erase, change, or conceal any copyright, trademark, service mark, or other proprietary rights notices included in or accompanying the Services.
Representation. You affirm that if you are utilizing ofans.ai for another person, business, or organization, you guarantee to ofans.ai that you have the authorization to enter into this Agreement on behalf of the third party, and possess the complete authority to bind the third party to the terms and provisions of this Agreement.
Modification of these Terms. We reserve the right to modify these Terms from time to time in our sole discretion. If we make material changes to these Terms, we will provide you with reasonable notice of such changes, such as by sending an email or updating the date at the top of these Terms. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop using the Services.
Waiver and Severability. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Entire Agreement. These Terms constitute the entire agreement between you and us with respect to the use of the Services.
Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without ofans.ai’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. ofans.ai may freely assign these Terms or delegate its obligations hereunder.
AGREEMENT ACKNOWLEDGMENT AND UNIQUENESS. By acknowledging this Agreement, You confirm that You have read, understood, and agree to be bound by its terms and conditions. This Agreement constitutes the full and exclusive statement of the agreement between You and ofans.ai, and supersedes any prior proposal, agreement, understanding, either oral or written, or any other communication between You and ofans.ai regarding the subject matter of this Agreement.
Contact Information. If you have any questions about these Terms or the Services, please contact us at info[at]ofans.ai.