These terms and conditions (the "Terms") govern your use of the JANE-AI Mobile App (the "App"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the App.
The App is licensed, not sold, to you. JANE-AI grants you a non-exclusive, non-transferable, revocable license to use the App on a device that you own or control and as permitted by these Terms.
The App may allow you to submit, upload, publish, or otherwise make available content, including but not limited to text, photographs, and videos (collectively, "User Content"). You retain all rights in, and are solely responsible for, the User Content.
By making any User Content available through the App, you grant to JANE-AI a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the App and JANE-AI's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, releases, and clearances to grant the rights granted in these Terms; (ii) the User Content, and your submission, uploading, publishing, or otherwise making available of such User Content, does not and will not infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) the User Content is not and will not be defamatory, libelous, hateful, violent, obscene, pornographic, inappropriate, or offensive.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE APP, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE APP. SPECIFICALLY, OPENAI DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND (B) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT OPENAI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
NEITHER OPENAI NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, CONTENT OR OTHER PROVIDERS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, INCLUDING WITHOUT LIMITATION, DEATH OR PERSONAL INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE APP OR ANY INFORMATION THROUGH THE APP. IN NO EVENT WILL OPENAI, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, CONTENT OR OTHER PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless JANE-AI and its affiliates, licensors and service providers, and their respective officers, directors, employees, agents, successors, assigns, content providers, and other partners from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, including without limitation, any use of User Content other than as expressly authorized in these Terms; (b) your violation of any rights of another person or entity; or (c) your use of the App.
JANE-AI may modify these Terms from time to time. Your continued use of the App after any changes to these Terms are posted will be considered acceptance of those changes.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the Northern District of California and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
JANE-AI reserves the right, in its sole discretion, to terminate your use of the App, and to block or prevent future access to and use of the App.
These Terms constitute the entire agreement between you and JANE-AI with respect to the use of the App. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck.