Terms of Use

Effective Date: May 01, 2024

Introduction

The Terms of Use (“Terms of Use”) governs how we, OpinionAI Ltd. and Aivah™ a product of OpinionAI Ltd (together, “OpinionAI”, “Aivah”, “we”, “our” or “us”) use, collect and store Personal Data we collect or receive from or about you (“you”).By clicking the “accept” or “ok” button, installing or using “Aivah”’s web applications, mobile software applications, the “Aivah” plugins or when calling the a “Aivah” API (collectively, the “Software” or the “Applicable Product“) you expressly acknowledge and agree that you are entering into a legal agreement with OpinionAI Ltd. in case you are residing outside the United States (“OpinionAI”, “Aivah“, “we“, “us” or “our“), and have understood and agree to comply with, and be legally bound by, the terms and conditions herein (“Agreement“). You hereby waive any applicable rights to require an original  (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

These Terms of Use ("Terms of Use") govern your access to and use of the Aivah platform and services ("Services"). By accessing or using the Services, you agree to be bound by these Terms of Use and any additional terms and conditions incorporated by reference herein. If you do not agree to these Terms of Use, please refrain from using the Services.

2. Description of Services

Aivah provides an innovative platform for creating and interacting with AI-powered knowledge bases and 3D avatars. Our Services enable users to:

• Build customized knowledge bases by uploading files, integrating URLs, or leveraging pre-built knowledge bases.

• Create engaging 3D avatars to represent their brand or themselves.

• Engage in interactive conversations with their AI assistants using various language models, both through 3D avatars and text-based interfaces.

• Customize virtual environments and access analytics to optimize their AI experiences.

3. User Eligibility

You must be at least 18 years old to access or use the Services. By accessing or using the Services, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms of Use.

4. Use of Services

(a) Ownership: All intellectual property rights in the Services, including but not limited to copyrights, trademarks, and trade secrets, belong to OpinionAI Ltd (Aivah) or its licensors. This includes the platform, its underlying technology, and any pre-built avatars or knowledge bases provided.

(b) User-Generated Content: You retain ownership of any content or materials (text, data, images, etc.) you upload to create your custom knowledge bases or avatars. You grant Aivah a non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display this content solely for the purpose of providing and improving the Services.

(c) Aivah-Provided Avatars and Environments: While you may choose from Aivah's library of pre-built avatars and environment customizations, Aivah retains all intellectual property rights in these elements. Your use is limited to within the Aivah platform and in accordance with these Terms of Use.

(d) Subscription Plans: Access to certain features, functionalities, and language models may be limited by your chosen subscription plan. Aivah reserves the right to modify these plans and their associated features at any time.

5. Prohibited Conduct

You agree not to:

(a) Illegal Activities: Use the Services in any manner that violates applicable laws or regulations. This includes, but is not limited to, copyright infringement, defamation, harassment, and fraud.

(b) Infringement: Upload or create content that infringes upon the intellectual property rights of others. This includes using copyrighted material without permission, using trademarks without authorization, and violating trade secrets.

(c) Disruption: Engage in any activity that interferes with or disrupts the functioning of the Services or its servers. This includes, but is not limited to, hacking, denial-of-service attacks, and introducing viruses or other malicious code.

(d) Unauthorized Access: Attempt to gain unauthorized access to the Services or any user accounts. This includes using another user's credentials, attempting to bypass security measures, or accessing areas of the platform that you are not authorized to access.

(e) Spam and Unsolicited Communications: Use the Services to generate or distribute spam, unsolicited emails, or any other unauthorized communications.

(f) Modification and Reverse Engineering: Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services or the generated content, including avatars, environments, and AI responses.

6. Content and Liability

(a) User Responsibility: You are solely responsible for the content and materials uploaded or generated using the Services, including the accuracy, legality, and appropriateness of the information provided. Aivah does not endorse or assume any liability for user-generated content.

(b) AI Responses: While Aivah strives to provide accurate and helpful AI responses, you acknowledge that these responses are generated by artificial intelligence and may not always be perfect or accurate. Aivah does not guarantee the reliability, completeness, or suitability of AI-generated responses for any specific purpose.

(c) Disclaimer: Aivah does not guarantee the continuous availability, performance, or security of the Services and may experience interruptions or downtime. You acknowledge that your use of the Services is at your own risk.

7. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

8. Termination

We may, in its sole discretion, terminate or suspend your access to the Services at any time without prior notice for any reason, including, but not limited to, violation of these Terms of Use, misuse of the Services, or non-payment of fees. Upon termination, your right to use the Services will cease, and your access to your user account and data may be restricted or deleted.

9. Modifications to the Services and Terms of Use

Aivah reserves the right to modify or discontinue the Services, or any part thereof, or to update these Terms of Use at any time, with or without notice. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Use.

10. Governing Law and Dispute Resolution

These Terms of Use shall be governed and construed in accordance with the laws of London, United Kingdom, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms of Use or the Services shall be resolved exclusively by the state or federal courts located in London, United Kingdom.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPINIONAI LTD AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR USE, EVEN IF OPINIONAI LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Contact Us

If you have any questions about these Terms of Use, please contact us at aivah@opinionai.ai.

License Policy

Effective Date: May 01, 2024

1. Introduction

This License Policy outlines the terms governing the use of our platform, services, pre-built resources, and user-generated content. By accessing or using our Services, you agree to be bound by the terms of this License Policy.

2. Definitions

• "Aivah" refers to the platform, services, pre-built resources, and user-generated content offered by OpinionAI Ltd.

• "OpinionAI" refers to OpinionAI Ltd., the company that owns and operates Aivah.

• "Services" encompasses all aspects of the Aivah platform, including but not limited to, its features, functionalities, and the creation and interaction with AI assistants.

• "Pre-built Resources" includes pre-designed 3D avatars, virtual environments, and pre-built knowledge bases made available by Aivah.

• "User-Generated Content" refers to any content, materials, or data you upload or create within the Aivah platform to build your knowledge bases and avatars.

3. Platform & Proprietary Resources

(a) Platform License: Aivah grants you a limited, non-exclusive, non-transferable license to access and use the Aivah platform and its features solely for the purpose of creating and interacting with your AI assistants. This license is subject to your compliance with this License Policy and any other applicable agreements.

(b) Pre-built Resources: Aivah retains all ownership and intellectual property rights in its pre-built resources. You are granted a limited, non-exclusive, non-transferable license to use these resources solely within the Aivah platform and in accordance with this License Policy. You may not modify, distribute, sell, or create derivative works based on Aivah's pre-built resources.

(c) Restrictions: You may not:

• Reverse engineer, decompile, or disassemble any part of the Aivah platform or its underlying technology.

• Attempt to circumvent or disable any security features or access controls implemented by Aivah.

• Use the Aivah platform for any illegal or unauthorized purpose, including but not limited to, infringement of intellectual property rights, data scraping, or spamming.

4. User-Generated Content

(a) Ownership: You retain all ownership and intellectual property rights in the content and materials you upload or create within the Aivah platform ("User-Generated Content").

(b) License Grant to Aivah: By uploading or creating User-Generated Content, you grant Aivah a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User-Generated Content solely for the purpose of providing and improving the Services. This license grant is limited to the context of operating and enhancing the Aivah platform and its AI capabilities.

(c) Responsibility for Content: You are solely responsible for ensuring that your User-Generated Content does not violate any third-party rights, including copyright, trademark, privacy, or publicity rights. You represent and warrant that you have all necessary rights and permissions to upload and use your User-Generated Content within the Aivah platform.

5. Termination of License

Aivah may terminate your license to use the Services and access your User-Generated Content at any time, with or without cause, if you breach this License Policy or any other applicable agreement. Upon termination, your right to use the Aivah platform will cease, and you may be required to remove any Aivah-provided resources from your websites or other platforms.

6. Modifications to License Policy

Aivah reserves the right to modify this License Policy at any time, with or without notice. Your continued use of the Services after any such changes constitutes your acceptance of the new License Policy.

7. Contact Us

If you have any questions about this License Policy, please contact us at aivah@opinionai.ai.