Last amended: Feb, 29th, 2020
Welcome to Alethea.ai, a website of Alethea AI. (“Alethea AI”, “we”, “our”, or “us”).
This page explains the terms by which you may use our website (the “Site”) and lists the disclaimers (the “Disclaimers”). By accessing or using the Site, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”), and that you acknowledge the Disclaimers, whether or not you are a registered user of our Site. Alethea AI reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Site (“Users”).
Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Alethea AI Site.
As part of the Site, Alethea AI provides access to a decentralized staking and reward tool (“Protocol”) on the Ethereum blockchain, that allows participants to use Ethereum assets (“Assets”) to transact using smart contracts (“Smart Contracts”).
Use of Our Site.
This is a contract between you and Alethea AI. You must read and agree to these terms before using the Site. If you do not agree, you may not use the Site. You may use the Site only if you can form a binding contract with Alethea AI, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Site by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement. The Site is not available to any Users previously removed from the Site by Alethea AI.
Access and Use of the Site and Smart Contracts
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site as permitted by the features of the Site. Alethea AI reserves all rights not expressly granted herein in the Site and the Alethea AI Content (as defined below). Alethea AI may terminate this license, in whole or in part, at any time for any reason or no reason.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the Alethea AI servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Alethea AI grants the operators of public search engines revocable permission to use spiders to copy publically available materials from Alethea.ai for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
We may, without prior notice, change the Site; stop providing the Site or features of the Site, to you or to Users generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Alethea AI Users and Protocol Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Alethea AI shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Description of Services
Our Site uses artificial intelligence algorithms to generate unique content (Services). You may use Site immediately with no registration form being submitted.
Uploaded Content: Any content uploaded by the users from their devices, or other sources.
Generated Content: Any content created by using Alethea AI algorithms.
Subscription. Alethea AI retains a right to introduce some Services, which will be available only for paid subscribers. The subscription begins after the initial payment is processed. The payment should be performed via the method and in the amount indicated at the time of the purchase. You are responsible for payment of all fees, charges and taxes (if required by law) related to the transaction.
Please note that subscriptions would be non-returnable and non-transferrable. You might cancel your subscription at any time, but no refunds would be paid on any remaining subscription period.
Scope of the Services. Alethea AI reserves the right to change the Services scope listed herein and change/introduce prices and fees applicable to the Services at any time for any reason in its sole discretion and without notice. Alethea AI is entitled to stop or restrict provision of the Services in full or in part toward a certain user. Alethea AI retains powers to discontinue provision and/or support of the Services without any prior notice.
Our services may allow you to use the services with the Uploaded content, as well as to create, post, store and share the Generated content. The Uploaded and the Generated content is your intellectual property. Except for the license you grant below, you retain all rights in and to your content. Alethea AI does not claim ownership of any user content.
You hereby grant Alethea AI a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use in any way, display, reproduce, modify, adapt, edit, publish, and distribute Uploaded and Generated content. This license is for the limited purpose of operating, developing, providing, and improving the Services, and displaying Uploaded content in the library for the User’s repeated use.
The Generated content may be public, so the license you grant us for this content is broader. In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create derivative works from, exhibit, broadcast, publicly perform, and publicly display the Generated content in any form and in any and all media or distribution methods.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Site, including, but not limited to, through the sale of advertising, sponsorships, promotions, usage data. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any user content or your use of any materials made available to you on or through the Site, including in any user content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service.
You warrant that your content does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy or publicity. You hereby represent that you are the owner of the copyright with respect to all your content and have the power to grant the license to Alethea AI as set forth herein.
You hereby acknowledge that you are entitled to delete any of the Uploaded content from your profile gallery, but it shall not cause revoking of the license granted to Alethea AI.
If you share the Generated content publicly through the Services or in any other way, you acknowledge that such content will be accessible to others. Any content will be considered non-confidential and non-proprietary. You must not post any content on or through the Site or transmit to us any content that you consider to be confidential or proprietary. Please do not publicly post or submit any user content that you do not want to be publicly accessible or viewable, or that you do not have rights to post.
Our Proprietary Rights.
The Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Alethea AI Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Alethea AI and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Alethea AI Content. Use of the Alethea AI Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Alethea AI under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Alethea AI does not waive any rights to use similar or related ideas previously known to Alethea AI, or developed by its employees, or obtained from sources other than you.
Prohibited Conduct and Content
You may only use the Site and its contents for lawful purposes. You will not violate any applicable law, contract, intellectual property or other third-party rights. You are solely responsible for your conduct while accessing or using our Site, as well as for all content you upload, share or otherwise transmit to or via the Site.
While using the Site you may not, and may not encourage, authorize, or assist others to:
(a) engage in any harassing, threatening, intimidating, predatory or stalking conduct;
(b) use our Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner, including by submitting a virus, worm, or Trojan horse;
(c) reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code of the Services or attempt to study or test the vulnerability of the Services or to breach any security measures, regardless of your motives and/or intent;
(d) attempt to circumvent any measures employed to limit access to any part of our Site, or attempt to access any feature or area of our Site that you are not authorized to access;
(e) develop or use any third-party applications that interact with our Site without our prior written consent, including any scripts designed to scrape or extract data from our Site, or intercept any system data, personal information, or other data relating to the Site,
(f) use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may not upload, share or otherwise transmit to or via the Services any content that:
(a) is unlawful, harmful, libelous, defamatory, obscene, abusive, racially or ethnically offensive, pornographic, indecent, lewd, harassing, threatening, invasive of personal privacy or publicity rights, or otherwise objectionable;
(b) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
(c) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
(d) contains any unsolicited promotions, political campaigning, advertising or solicitations;
(e) contains any private or personal information of a third party without such third party’s consent;
(f) may harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(g) contains any viruses, corrupted data or other harmful, disruptive or destructive files or content, designed to interrupt, destroy or limit the functionality of the Site;
(h) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (e.g., inside information, confidential information received in the context of an employment or a non-disclosure agreement); or
(i) is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Site, or that may expose Alethea AI or others to any harm or liability of any type.
Alethea AI reserves the right, but is not obligated, to reject and/or remove any user content that Alethea AI believes, in its sole discretion, violates these provisions.
No Professional Advice.
If the Site provides professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Site. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
Alethea AI uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Third-Party Links and Information.
Alethea AI respects the intellectual property rights of others and expects its Users/Community Members to do the same. Alethea AI will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to Alethea AI.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements by submitting a copyright infringement notification to the e-mail: email@example.com
The notification must include the following:
(a) an email address, physical address or phone number so that we can contact you;
(b) a clear and complete description of your work that you believe has been infringed;
(c) the URL or other identifying location of the allegedly infringing work;
(d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
(e) a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
You agree to defend, indemnify and hold harmless Alethea AI and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that you submit to the Site including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Site with your unique username, password or other appropriate security code.
Assumption of Risk; Release of Claims.
You acknowledge that the Site (including without limitation the Protocol and the Smart Contracts) and your use of the Site contain certain risks, including without limitation the following risks: That any Smart Contracts you interact with are entirely your own responsibility / liability, and Alethea AI is not a party to the Smart Contracts; At any time, your access to your Assets may be suspended or terminated or there may be a delay in your access or use of your Assets which may result in the Assets diminishing in value or you being unable to complete a Smart Contract and the Protocol may be suspended or terminated for any or no reason, which may limit your access to your Assets.
Accordingly, you expressly agree that: (A) you assume all risk in connection with your access and use of the Site, the Protocol and the Smart Contracts; and (B) that you expressly waive and release Alethea AI from any and all liability, claims, causes of action, or damages arising from or in any way related to your use of the Site, the Protocol or the Smart Contracts.
Disclaimer of Warranties.
The Site is provided on an “as is” and “as available” basis. Use of the Site is at your own risk. To the maximum extent permitted by applicable law, the Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Alethea AI or through the Site will create any warranty not expressly stated herein. Without limiting the foregoing, Alethea AI, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Site will meet your requirements; that the Site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Site is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Site.
Alethea AI does not warrant, endorse, guarantee, or assume responsibility for any product or site advertised or offered by a third party through the Site or any hyperlinked website or site, and Alethea AI will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Limitation of Liability.
To the maximum extent permitted by applicable law, in no event shall Alethea AI, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Site. Under no circumstances will Alethea AI be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site or the information contained therein.
To the maximum extent permitted by applicable law, Alethea AI assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our site; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our site by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Alethea AI, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Alethea AI hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Alethea AI has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Limitations as Allowed by Law.
Some jurisdictions do not allow the exclusion and limitations of certain implied warranties, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
In order to provide you with the best experience using our technology, Alethea AI may use third-party GIFs or videos and offer you a library of such content.
Alethea AI does not claim any rights whatsoever to the original pictures, logos, GIFs, videos or other intellectual property displayed on our Site or other digital properties and/or used by Alethea AI in accordance with the Fair Use/Fair Dealing Doctrine, as prescribed herein or under the applicable laws. The contents of the Site are used solely for the purposes of creation of transformative works ( including parodies ) on the terms set out herein. You shall not use such content otherwise than as allowed by the Fair Use/FairDealing Doctrine.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver.
Governing Law. This contract is governed by the laws of British Virgin Islands.
Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Alethea AI. For any dispute with Alethea AI, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally.
In the unlikely event that Alethea AI has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration administered by the British Virgin Islands International Arbitration Centre in accordance with the Arbitration Rules of the British Virgin Islands International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The arbitration will be conducted in British Virgin Islands, unless you and Alethea AI agree otherwise. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Alethea AI from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the site for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Alethea AI are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.