NOTICE: THESE TERMS CONTAIN AN ARBITRATION UNDER WHICH YOU ARE OBLIGATED TO LITIGATE CLAIMS IN A PRIVATE ARBITRATION RATHER THAN IN COURT, UNLESS YOU OPT OUT AS SPECIFIED IN SECTION 17. YOU FURTHER WAIVE THE RIGHT TO A TRIAL BY JURY AND TO BRINGING ANY CLAIMS IN A REPRESENTATIVE ACTION OR AS A CLASS ACTION.
The Site provides users the ability to use or create web-based AI applications that can be used for a wide variety of use cases, such as creating images, marketing plans, email campaigns, documents, social media posts, and business plans. The choices are almost endless.
Our Apps and Services may evolve and change over time. For this reason, we may from time to time modify, amend or vary these Terms (collectively, “Modifications”) to cover new Services or to comply with changes in the law. Please check these Terms regularly to ensure you are aware of any Modifications made by us. If you continue to use the Apps and Services after Modifications are posted to the Services, you are deemed to have accepted such Modifications. If you do not agree to such Modifications, you should discontinue use of the Apps and Services.
3. Equipment and Mobile Devices
You are responsible for operating and maintaining the equipment and mobile devices necessary for you to access the Apps and Services, including paying for any cellular data or internet access by your internet service or mobile network provider (“Data Provider”). You acknowledge that you may be charged by your Data Provider for data services while using certain features of the Apps or Services, and you accept sole responsibility for such charges. You must also ensure that your use of the Apps is not in violation of your mobile device agreement or any wireless data service agreement.
You will be charged “credits” when you create or use an App. You will be provided 50 credits free of charge when you open an account. Additional credits can be purchased by using your credit card or other approved payment mechanism. We use a third-party payment processor to process purchases of credits through the Services. Please note that any unused credits after a certain period of time may be subject to escheat under unclaimed property laws.
6. Access, Updates and Deletion of Accounts
California Consumers Under 18 Years Old: California Consumers who are registered users of the Services and Apps and under 18 years of age may request removal of content or information they posted on the Apps and Services. We will remove such content or information when we are required to do so by law. To request removal of content or information you posted on the Apps or Services you may contact us at firstname.lastname@example.org. However, even if we remove the content or information that you posted, we cannot completely prevent further use or disclosure of that content or information by others once you have shared it in a publicly available forum.
User License: Provided you are in compliance with these Terms, Felvin and the App Creator hereby grants you a non-exclusive, non-transferable, revocable license to access and use the Apps for your personal, non-commercial use (“User License”). All other rights in the Apps and Services are reserved by Felvin or the App Creator. In the event of your breach of these Terms, we will be entitled to terminate the User License immediately.
Creator License: If you (“App Creator”) have created an App for use on the Services, you grant to Felvin a worldwide, perpetual, exclusive, irrevocable, royalty-free, fully paid up and fully transferable license, and the right to license others, to store, distribute, reproduce, publicly display, publicly perform, create derivative works of, sell and otherwise use the App. Without limiting the foregoing, App Creators agree that Felvin may offer User Licenses to the App Creator’s App to users of the Services. App Creators will not receive any compensation from Felvin or users relating to their Apps, even if Felvin charges users fees or credits for the use of the App Creator’s App.
You agree not to (i) modify, adapt or translate the Apps or Services or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Apps or Services; (ii) remove any copyright notice, trade mark, legend, logo or product identification from the Apps or Services; (iii) modify, translate or prepare derivative works of the Apps or Services, or any portion thereof; (iv) make any commercial use of the Apps or Services; or (v) rent, lease, distribute or lend the Apps or Services to third parties.
9. Intellectual Property and Feedback
“Felvin” and associated logos are the trademarks of WOW21, Inc. (“Felvin Trademarks”). The Services and Apps are protected by copyright, trademark, patent and other intellectual property and proprietary rights, which are reserved to Felvin and its licensors (such as App Creators). We welcome your comments, suggestions, ideas or other feedback (“Feedback”) about the Apps or the Services. If you provide Feedback, you agree that we can use that Feedback for any purpose, including to improve the Apps or Services, without further obligation (including payment) to you.
10. User Content
The Apps contain features that may allow you to generate, modify, post or provide User Content. You own your User Content. However, in order to provide you the Services, you grant to Felvin the worldwide, perpetual, irrevocable, fully transferable, fully paid up and royalty-free right and license to use the User Content in connection with the Apps and Services, including reproducing, analyzing, distributing, publishing, modifying, publicly performing, publicly displaying and making derivative works of your User Content to provide the Apps and the Services. This includes the right to allow App Creators and other users to use your User Content in connection with the Apps and Services. Please note that User Content may be made publicly available to other users or to the public at large and so you should not disclose any content that you do not wish to be made public.
12. External Applications
You are responsible for your User Content and your activities on the Apps and Services. In light of this, we need to be protected from claims relating to that User Content. You agree to defend, indemnify and hold harmless Felvin, and its parent company, affiliates, officers, directors, employees and agents (collectively, “Indemnitees”) against any lawsuit, liability, injuries, damages or expense (including attorneys’ fees) arising from your use of the Apps and Services, any Apps that you create as an App Creator, your User Content or your breach of these Terms. Basically, this means that if we get sued because of something you posted or some action you took on the Apps or Services, you will defend that lawsuit and pay any damages awarded or settlements entered into. The Indemnitees reserve the right to control the defense and settlement of any third-party claim for which you indemnify Indemnitees under these Terms, and you will assist us in exercising such rights.
14. Disclaimer of Warranties
We provide the Apps and Services on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Felvin does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the Apps or Services or their content, or that the Apps or Services will provide any result or achieve any effect. To the fullest extent permitted by applicable law, Felvin hereby excludes all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular use, or that the Apps, Services or any information or content provided on or through the Sites and Apps (“App Content”) is of satisfactory quality, non-infringing, is free of defects, or is able to operate on an uninterrupted basis, or that the use of the Apps, App Content or Services by you is in compliance with laws or that any information that you transmit in connection with the Apps or Services will be successfully, accurately or securely transmitted.
You hereby release Felvin and the Indemnitees from any and charges, liabilities, obligations, promises, agreements, controversies, injuries, damages, suits, losses, costs, debts, penalties, expenses, rights and causes of action of any nature arising out or relating to your use of the Site, Apps or Services or any User Content or App Content. You further waive any and all rights under California Civil Code Section 1542 (or any similar law of any other jurisdiction), which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You agree and acknowledge that the released claims extend to and include unknown and unsuspected claims.
15. Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FELVIN NOR ANY OF THE INDEMNITEES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE APPS OR SERVICES, AND/OR ANY EXTERNAL APPLICATIONS, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE APP OR SERVICES IS TO STOP USING THE APPS OR SERVICES, AS APPLICABLE.
If, notwithstanding the other provisions of these Terms, Felvin is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Apps or Services, Felvin’s liability shall in no event exceed the greater of (1) the total of any fees with respect to any service or feature of or on the Services paid in the six months prior to the date of the initial claim made against Felvin, or (2) US$100.00.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
16. Governing Law
These Terms shall be governed by the laws of the State of California, without regard to its choice of law principles. In the event arbitration does not apply, we and you irrevocably submit to the jurisdiction of the state and federal courts of Santa Clara County, California with regard to any dispute arising out of or relating to these Terms. YOU WAIVE YOUR RIGHT TO A CLASS ACTION OR TO A JURY IN THE EVENT OF ANY DISPUTE THAT PROCEEDS IN STATE OR FEDERAL COURT.
17. Dispute Resolution
YOU HAVE READ THIS SECTION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND FELVIN. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN THE SECTION ENTITLED "OPT OUT OF ARBITRATION" BELOW.
We want to resolve amicably any claims or concerns you may have regarding the Apps and the Services. Therefore, before either you or we can initiate a legal action, unless it is for injunctive relief, we shall first attempt to contact the other party to discuss a resolution. You must submit your claim in writing by sending an email to the email address below. We will contact you at the email address you provide when you register to use the Apps and Services. Neither Party may initiate either arbitration or other legal action for thirty (30) days after receipt of the claim.
If we cannot resolve the matter amicably, unless you have opted out as set forth below, you and we agree that any dispute, claim or controversy between you and us arising in connection with or relating in any way to these Terms, the Services, Site, User Content, App Content or the Apps (“Dispute”) will be determined by mandatory binding individual (not class) arbitration. You and Felvin further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this arbitration provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
You and Felvin both agree that nothing in this Arbitration Provision will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court; (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator; or (3) any claim by Felvin in a court of law for violation of its intellectual property rights. In addition, this arbitration provision does not stop you or us from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
Either you or we may start arbitration proceedings. Any arbitration between you and Felvin will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this arbitration provision. You and Felvin agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
Any arbitration hearings will take place in the county of your residence address, provided that if the claim is for $25,000 or less, you or Felvin may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; or (2) through a non-appearance based telephonic hearing.
Each party shall pay arbitration fees in accordance with the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
If this arbitration provision is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in this Section 16 shall govern any claim in court arising out of or related to the Terms.
OPT-OUT OF ARBITRATION: You may opt out of the binding arbitration described in this section by sending Felvin written notice of your desire to do so by email at email@example.com or regular mail at Attn: Felvin, WOW21, Inc. 2010 El Camino Real # 1171 Santa Clara, CA 95050 within thirty (30) days following the date you first create an account, or use our Services or Apps, whichever occurs first (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Felvin with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above.
18. Mass Action Waiver
You and Felvin expressly waive the right to have any Dispute brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or Felvin are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or Felvin’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in these Terms or this Dispute Resolution provision, this Mass Action Waiver does not prevent you or Felvin from participating in a mass settlement of claims.
Notwithstanding any provision to the contrary in AAA Rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Each party shall select one arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator; (ii) Felvin shall pay any administrative fees or costs incidental to the appointment of Arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute. If the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver, the parties shall have the opportunity to opt out of arbitration within 30 days of the arbitrator’s or panel of arbitrator’s decision. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to or hand delivery. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. Felvin may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. For the avoidance of doubt, the ability to opt out of arbitration described in this section only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver.
19. No Class Actions
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, EVEN IF THE DISPUTE OR DISPUTES THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. If this specific paragraph is held unenforceable in its entirety, then the entirety of the “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
These Terms are effective unless and until terminated by Felvin. You may discontinue any further use of the Apps and associated Services, but these Terms will continue to apply to your use of the Apps and Services prior to such discontinuance. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the Apps and associated Services, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of the Apps. Upon any termination of the Terms by either you or us, you must promptly uninstall the Apps and cease using the Services. Sections 9 through 22 will continue to apply even after the Terms, Apps or Services have been terminated or suspended.
23. Notice for California Users
Under California Civil Code Section 1789.3, users of the Apps and Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact the California Department of Consumer Affairs at firstname.lastname@example.org.
24. Contact Us
If you have any questions regarding our Apps or Services, you can email us at email@example.com.