Annie's AI: Terms of Service
Last Updated: July 4 2023
Agreement to Terms of Use
Annies AI, LLC's ("Annies AI", "We", "Our") is the developer that provides you multiple artistic Apps (Annies Anime: AI Art, Annies Pets: AI Art, ToolTag.io, etc) App, and all associated or ancillary Annies AI services or platforms provided in conjunction with the App (collectively, "App") however accessed and/or used, whether via personal computers, mobile devices, tablets, handheld devices, or through other interactive services, features, applications, and downloads.
Subscribers, customers, users, and others who download, access, use, purchase, play and/or subscribe (collectively, "use" or "using") to the App ("You", "Your", "Users") do so under this Terms of Use Agreement ("Terms of Use").
Any physical device used by Users to use the App and connect with our servers, regardless of its type or method of connection, will be referred to as "Device" in this Terms of Use policy.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE APP, YOU ARE EXPLICITLY ACKNOWLEDGING THAT YOU UNDERSTAND THE TERMS OF USE, AND AGREE TO BE BOUND BY THE TERMS OF USE.
Annies AI RESERVES THE RIGHT, IN OUR SOLE DISCRETION TO MODIFY, ADD OR REMOVE PORTIONS OF THE TERMS OF USE AT ANY TIME ("CHANGES"). IT IS YOUR RESPONSIBILITY TO CHECK THE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE App WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES
IF YOU DO NOT AGREE TO THE TERMS OF USE NOW, OR IF AT ANY TIME THE TERMS OF USE ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF THE App IMMEDIATELY.
THE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND Annies AI.
You may receive a copy of this Agreement at any time by emailing us at: legal@AnniesAI.com, Subject: Request Terms of Use Agreement.
This Terms of Use Agreement is solely between You and Annies AI. The Terms of Use incorporate by reference Annies AI’s Privacy Policy located here.
Please read the Privacy Policy carefully as You also agree to the Privacy Policy when You agree to the Terms of Use.
1. License
As long as You comply with the Terms of Use, Annies AI grants You a personal, non-exclusive, non-transferable, limited privilege to use the App on a Device.
Subject to the Terms of Use, You may become a App account holder, play the App, invite others to play the App, transmit Your Information and actions to other Users, allow Users to transmit their Information and actions to You and submit text, messages, information and other content and data as permitted by the functionality of the App (including Forums, Discord, chat, support, and bulletin boards) ("User Submissions"). Support and maintenance of the App is provided by Annies AI. In no event shall any platform provider, wireless provider or any other Annies AI licensor have any obligation with respect to maintenance and support services for the App.
2. Age Restriction
Users of the App must be aged 13 years or older at the time of account creation. If you are under the age of 13, cease using the App immediately.
Players who are 13 or older but under the age of 18 agree to review these terms and conditions with their parent or legal guardian. By using the App, both you and your parent or legal guardian understand and agree to the terms of use, and you agree to have your parent or guardian review and accept the Terms of Use on your behalf.
If you are a parent or legal guardian of a child 13 years or older, but under the age of 18, whose child wishes to use the App, you must agree to and accept the terms of use and take full responsibility for your child's use of the App, including all financial charges and any legal liability that may result. You are also responsible for all content that your child downloads and uploads to the App.
If you are a parent or legal guardian of a child who is using the App and you wish Annies AI to disable your child's account, please email Annies AI at legal@Annies AI.com, subject: Delete my child's account.
3. Your Conduct
You agree that you will not use the App in a manner that is illegal or otherwise inconsistent with the Terms of Use.
You agree NOT to:
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App in any form of client or server, including code in any and all programming languages;
modify or attempt to modify or in any way tamper with the App;
block any advertising in connection with the App;
copy or clone the App; Attack or try to directly query the servers;
use profanity or noises related to bodily functions, any other hateful, bullying or abusive language, or any proxies for any of the foregoing in any communications with other Users in all available channels supported in relationship to the App including chats, personal messages, status messages, profile pictures, comments, reviews, photos and player bios;
include any sexually explicit, suggestive, or revealing text, prompt, photos, video, upload or other material or language including references to sexually explicit, suggestive or revealing material in any communication to other Users in all available channels supported in relationship to the App including chats, comments, photo uploads, video uploads, reviews profile, pictures, and player bio;
include any personally identifiable information in your user ID or App alias;
include any content or any kind related to contraceptives, tobacco, liquor of any kind, drugs, politics, gambling, guns, or any other subject matter that is inappropriate for children in any posted content or other communication;
use the App to find the location of any other User other than for purposes of playing the App;
stalk, harass, bully, abuse or threaten other Users or engage in any other behavior that is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age, or other legally protected category;
physically or emotionally harm other Users;
commit any illegal action through use of the App;
sell items directly, sell items online for, sell user accounts, or access to user accounts or App content for valid currency or items of monetary value;share or allow others to use Your account. You are responsible for maintaining the security of Your account, including, but not limited to, login information, password, e-mail, and all activity that occurs on Your account, including, but not limited to, Credits purchases, item drops, messages, and chats;
transfer an account to any other person or entity for any reason including in the event of death or any disability; reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual; attempt to impersonate any other party whether a person or entity; create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
trick, defraud or mislead Annies AI or other Users, especially in any attempt to learn sensitive account information such as passwords and login information;
take advantage of any glitch or bug in the App, especially in any attempt to gain monetary value or learn sensitive account information of other Users;
make improper use of Annies AI’s support services or submit false reports of abuse or misconduct;
engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
disparage, tarnish, or otherwise harm, in Annies AI’s opinion, the App and/or Annies AI including its owners and employees;
disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
interfere with or circumvent any security feature of the App or any feature that restricts or enforces limitations on use of or access to the App or User Submissions or to otherwise surreptitiously gain access to the App;
engage in cheating or any other activity deemed by Annies AI to be in conflict with the spirit or intent of the App.
4. Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT Annies AI HAS OFFERED THE App AND ENTERED INTO THE TERMS OF USE WITH YOU IN RELIANCE UPON THESE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Annies AI, AND THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Annies AI. Annies AI PROVIDES THE App TO YOU WITH THESE DISCLAIMERS AND LIMITATIONS ON LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITY, THE FOLLOWING DISCLAIMERS WILL ONLY APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
THE APP IS INTENDED ONLY AS A App FOR DEVICES. IT SHOULD NOT BE USED WHILE DRIVING OR OPERATING ANY VEHICLE OR OTHER MEANS OF TRANSPORTATION, OR USED IN ANY SITUATION WHERE SUCH USE COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE. YOU AGREE THAT YOUR USE OF THE App SHALL BE AT YOUR SOLE RISK. THE APP IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND.
Annies AI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, RELATED TO THE App AND YOUR USE THEREOF, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE USE OR OPERATION.
IF YOU PURCHASED THE App FROM A THIRD PARTY PLATFORM (E.G. GOOGLE PLAY), YOUR SOLE REMEDY IS TO REQUEST A REFUND FROM SUCH PLATFORM AND, CONSISTENT WITH ITS POLICIES, THE PLATFORM WILL REFUND THE PURCHASE PRICE FOR THE App TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE App AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE App.
Annies AI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY THE App INFORMATION, TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF AND RESPONSIBILITY FOR ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO YOUR USE OF THE App OR DOWNLOAD OF THE App. IN NO EVENT SHALL Annies AI OR ANY THIRD PARTY PLATFORM BE RESPONSIBLE FOR ANY SUCH SERVICING, REPAIRS OR CORRECTIONS. YOU UNDERSTAND AND AGREE THAT YOU ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN THE App, OR MATERIAL OR DATA THROUGH THE USE OF THE App, AT YOUR OWN DISCRETION AND RISK.
Annies AI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ERRORS, MISTAKES, OR INACCURACIES OF THE App; (B) ANY PRODUCTS OR SERVICES LISTED ON OR PURCHASED THROUGH THE App; (C) ANY ACTS, OMISSIONS AND CONDUCT OF ANY USERS, ADVERTISERS AND/OR OTHER PARTIES ON OR THROUGH THE App; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF THE App SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER DATA STORED THEREIN; (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE App; (F) ANY INJURIES PHYSICAL OR EMOTIONAL TO YOU OR THIRD PARTIES RELATED TO USE OF THE App; (G) ANY ILLEGAL ACTIVITY IN CONNECTION WITH THE App; AND (H) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE App.
ANNIES AI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT LISTED OR SOLD BY A THIRD PARTY THROUGH THE App OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISEMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Annies AI EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE OF THE App OR THE DEVICES ON WHICH IT IS LOADED, CLAIMS THAT ARE DUE TO NORMAL WEAR, THE App OR DEVICE MISUSE, ABUSE, MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. Annies AI MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE FEDERAL TRADE COMMISSION'S MAGNUSON-MOSS WARRANTY ACT.
Annies AI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS OR INTERACTIONS BETWEEN YOU AND OTHER USERS OR THIRD-PARTIES. AS WITH USE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
5. Limitation of Liability
IN NO EVENT WILL Annies AI BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE; (B) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR PERSONAL INFORMATION; (C) YOUR INABILITY TO USE THE APP; (D) THE APP GENERALLY; (E) THE SOFTWARE OR SYSTEMS THAT MAKE THE APP AVAILABLE; (F) YOUR FAILURE TO MAINTAIN THE SECURITY OF YOUR ACCOUNT LOGIN AND PASSWORD INFORMATION; OR (G) ANY OTHER INTERACTIONS WITH THE App, App USERS, OR THIRD PARTIES IN CONNECTION WITH THE APP. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITY, THE FOLLOWING LIMITATIONS DETAILED INT HIS SECTION WILL ONLY APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF THE App OR A App AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS TERMS OF USE AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL Annies AI’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED THE GREATER OF THE AMOUNT PAID BY THE USERS TO USE THE App OR $50.
Your sole and exclusive remedy from any use of, or inability to use, the App, shall be for you to discontinue use of the App.
To the extent that there are claims not covered by the disclaimers, limitations of liability and indemnifications herein, Annies AI, not any third party platform, is responsible for addressing any of such claims related to the App or Your possession and/or use of the App, including but not limited to (a) product liability claims; any claim that the App fails to conform to any applicable legal or regulator requirement; and (b) claims arising under consumer protection or similar legislation.
In the event of any third party claim, not covered by the disclaimers, limitations of liability and indemnifications herein, that the App or your possession and use of the App infringes that third party's intellectual property rights, Annies AI, not any third party platform, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
6. Indemnification
You agree to indemnify, defend at Annies AI’s request, and hold harmless Annies AI, its affiliates, officers, directors, employees and agents (the "Indemnified Parties") from and against any and all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, expenses and any other liabilities (including attorney's fees, litigation expenses and settlement amounts) arising from or related to (a) Your use or misuse of any Information or the App generally; (b) any violation of the rights of, or injury to, any other person or entity either directly or indirectly caused by You; (c) any breach or violation by You of the Terms of Use; (d) Your use of the App to meet another User in-person; (e) Your use of the App to locate any physical location or attend any offline event; (f) Your use of, or inability to use, the App; (g) any of Your User Submissions; Your infringement, misappropriation or violation of any copyright, trademark, or privacy or publicity right or other third party right; (h) any acts or omissions by You as a User of the App or as the organizer of a App group created by You and made up of other App Users; (i) any product listed or sold by You in connection with the App, including any personal injury, death or property damages caused by any product, or any other product liability, defect, or other claim that any product caused damage to a third party; (j) Your violation of any law, rule or regulation, whether local, state, federal or international; (k) any other party's access and use of the App with Your unique username, password or other appropriate security code; or (l) any negligence or willful misconduct by You. You agree not settle or compromise any claim, except with prior written consent of the relevant Indemnified Parties.
7. Content Ownership
All of the content on the App including, without limitation text, graphics, maps, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, sounds, music, artwork and computer code, design, structure, selection, coordination, "look and feel" and arrangement of such content ("Content"), is owned by Annies AI, its licensors, vendors, agents or content providers. All elements of the App including, without limitation the general design and the Content, are protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes.
The App may only be used for the intended purpose for which the App is being made available. Except as may be expressly set forth herein, You hereby agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from any Content. Except as may be expressly set forth herein, the Terms of Use only allow You to display, view, play, print, and download Content for Your own personal, informational, and noncommercial purposes. The App and the Content will remain the exclusive property of Annies AI or its licensors, vendors, agents or content providers unless otherwise expressly agreed. You will remove no copyright, trademark, or other proprietary notices from material found on the App.
Modification of the Content or use of the Content for any purpose other than specified in the Terms of Use is a violation of Annies AI’s legal rights. For purposes of these Terms of Use, the use of Content on any other website or networked computer environment is prohibited unless explicitly stated otherwise.
User Submissions and Generations
You hereby acknowledge and agree that Annies AI does not provide any confidentiality or anonymity with respect to any user submissions ("User Submissions") or user generations ("User Generations") in all user uploaded and selected photos or videos, text input, prompts, user-editable sections of the App, including, but not limited to, the App itself, the websites including the Forum, Guide, and Customer Support portal, comments, reviews, and bug tracking systems. Both User Submissions and User Generations are subject to the same conditions, restrictions, and details. You will be solely responsible for your own User Submissions and User Generations. You represent and warrant that: You own or have the necessary licenses, rights, consents, and permissions to use and authorize Annies AI to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and User Generations and to enable inclusion and use of the User Submissions and User Generations in the manner contemplated by the App and the Terms of Use.
You retain all of Your ownership rights in Your User Submissions and User Generations. However, by submitting User Submissions or User Generations to the App, You grant Annies AI a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exercise all rights in and to the User Submissions and User Generations in connection with Annies AI (and its successors' and affiliates') businesses, including for promoting and marketing the App, the App (and derivative works thereof) in any media formats and through any media channels, social media accounts or platforms now known or hereinafter invented. Such license may also be exercised on behalf of Annies AI by third parties acting on Annies AI’s behalf (e.g., technology partners, service providers, and independent contractors).
You also grant each other User a non-exclusive license to access Your User Submissions and User Generations through the App, websites, social media, or physical merchandise and to use, reproduce, distribute, display, and perform such User Submissions and User Generations as permitted through the functionality of the App or usage of Annie’s AI products and services and under these Terms of Use.
Annies AI reserves the right to remove or decline to post any User Submissions or User Generations at any time, for any reason (or for no reason), without notice and at its sole discretion, including if it determines that the User Submissions or User Generations are inappropriate or fail to comply with the Terms of Use. Annies AI HAS NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER USER, THIRD PARTY OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF ANY SCREENING OR REMOVAL ACTIVITIES. Annies AI is not responsible for the backup of any of User Submissions or User Generations or any lost data resulting from the use, operation, or discontinuation of any aspect of the App. You are solely responsible for maintaining backups of Your User Submissions and User Generations and any information generated or stored through the use of the App.
Annies AI is not responsible for any User Submission or User Generation posted in connection with the App. You agree not to: publish, post, distribute, or otherwise disseminate any User Submission or User Generation that is libelous, defamatory, that invades privacy, or is obscene, pornographic, abusive, harassing, or otherwise unlawful or objectionable or which infringes on any intellectual property or other rights of any entity or person; threaten, harass, stalk, abuse others, or otherwise cause distress or unwanted attention to any person; engage in any unlawful purpose or use the App in a manner that is contrary to any law or regulation
Users responsibility to notify and act User has uploaded or noticed User Generations or Submissions that violate law, or the terms of use. They are obligated to remove and delete this content and if unable to notify legal@anniesai.com.
9. Virtual Items
The App may also include virtual, in-App digital items ("Virtual Goods") including but not limited to virtual Credits, tickets, or other items that may be purchased from Annies AI for valid currency.
Regardless of the terminology used, Virtual Goods may never be redeemed for valid currency, goods or other items of monetary value from Annies AI or any other party. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods in the App, you have no right or title in or to any such Virtual Goods appearing or originating in the App, or any other attributes associated with use of the App or stored within the App.
Annies AI has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Goods as it sees fit in its sole discretion, and Annies AI shall have no liability to you or anyone for the exercise of such rights.
Transfers of Virtual Goods are strictly prohibited except where explicitly authorized within the App. Except through Annies AI exchange, if any, you may not buy or sell any Virtual Goods for "real world" money or otherwise exchange Virtual Goods for items of value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the App and possible legal action.
YOU AGREE THAT ALL SALES OF VIRTUAL GOODS ARE FINAL. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods are forfeited if your account is terminated or suspended for your violation of these Terms of Use or any other misconduct, as determined by Annies AI in Annies AI’s sole and absolute discretion, or if Annies AI discontinues providing the App.
You agree to not dispute or charge-back any payments for purchases that have been successfully credited to your account within the App or otherwise attempt to defraud Annies AI. Should Annies AI receive notice of any payment disputes or charge-backs for successfully completed purchases which have already been credited to Your account, Your account may be indefinitely suspended.
10. Communications
Users who use the App Forum or send email to Annies AI staff are required to agree to the following additional terms and conditions that govern all communications on the Forum between the User, other Users, and/or Annies AI and the ownership of any such communications as consideration for the privilege of being permitted to contribute to the Forum:
You hereby acknowledge and agree that any notes, e-mails, online messages, bulletin board or chat room postings, ideas, suggestions, concepts, designs, or other material ("Material") You submit to any physical Annies AI company address, to any website owned or controlled by Annies AI, or to any e-mail addresses contained in or on those web sites (each a "Annies AI Location") and that You submit in your capacity as a User, in Annies AI’s sole discretion, shall be the property of Annies AI.
When You submit any Material to a Annies AI Location, You acknowledge and agree that You are assigning all intellectual property rights in that Material to Annies AI and that the intellectual property rights to such Material will no longer belong to You. Upon Your assignment of Material to Annies AI, Annies AI has the right to use the Material for as long as it wants, in any way it chooses, including for commercial, promotional, and advertising purposes without any obligation (including any financial obligation) to You at any time. You waive and relinquish any rights, including "moral rights," that may exist in the Material to the furthest extent permissible by law and agree not to assert any rights over the Material.
You agree to treat any communication or information you receive from Annies AI, through the App posted by Annies AI, in the App in a private forum, through e-mail, or in Annies AI’s bug tracking system as confidential ("Confidential Information") and refrain from sharing it with any third parties, including other Users and Annies AI competitors. Such Confidential Information may include without limitation, previews of designs or models for the App, software, source code, bug reports, any information provided by Annies AI to beta testers, any information in tech support e-mails, private forum messages, private messages in the App, and marketing information.
If You do not agree to these additional terms and conditions governing communication, you should not partake in correspondence with Annies AI and should not use the Forum.
11. User Interactions
Annies AI is not responsible for Your interactions with other Users, including playing, communicating, networking, any purchase or sale of goods, and/or any other interactions between You and other Users. All such interactions made using the App should be considered public. As with any web-based interaction, We suggest that You use caution and good judgment. Annies AI bears no liability for any loss or damage incurred as a result of any such interactions. If there is a dispute between You and another User or a third party, Annies AI is under no obligation to become involved. You release Annies AI and its officers, directors, employees, agents and contractors from any claims, demands and damages (whether direct, indirect, consequential, special, incidental, actual or statutory) of every kind and nature arising out of or in any way related to such disputes or interactions, the App and Annies AI.
12. Account Security
You are entirely responsible for the security and confidentiality of your App account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information with any third party or permit any third party to logon to the App using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the App. We have the right to provide User billing, account, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
13. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the App for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the App; or (iii) bypass any measures we may use to prevent or restrict access to the App.
14. Third Party Websites
The App may contain links to third-party websites that are not owned or controlled by Annies AI. All such links are provided solely as a convenience to You. Annies AI has no control over, and assumes no responsibility for, the content, products, services, policies, or practices of any third-party websites. Annies AI does not endorse, guarantee, or make any representations or warranties regarding any other websites. By using the the App, You expressly relieve Annies AI from any and all liability arising from Your use of any third-party website.
The App may also include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Google, AppleID, or AppCenter. Please be aware that those third party services are unrelated to the App, and that your use of the third party services is subject to the terms and policies of those services. In some cases, the App may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies.
15. Advertising
Annies AI has the exclusive right to market, offer, sell and place advertisements and/or other promotional content or materials ("Advertisements") on or in connection with the App for its sole benefit. You will not, and will not allow any third party, directly or indirectly, to market, offer, sell and place Advertisements on or in connection with the App.
16. Termination and Modification
Deletion. You may delete Your App account at any time, for any reason. To do this, please contact App support. To contact App support:
• In the App, tap to open your account information, and then tap the support button.
• If you are unable to access your account, you contact App support online here:
Termination. Annies AI may suspend or terminate Your account or Your use of the App at any time, without notice, for any reason or for no reason. If Your App account is suspended or terminated, Annies AI also reserves the right to suspend or terminate Your use or access to any other Annies AI product. We may also block Your access to the App or any other Annies AI product in the event that: (a) You breach the Terms of Use; (b) We are unable to verify or authenticate any information You provide to us; or (c) We believe that Your actions may cause financial loss or legal liability for You, Our Users, and/ or Annies AI. Annies AI also reserves the right to terminate or deactivate User accounts that are inactive for an extended period of time.
Effects of Termination. Upon any such termination, Your rights to access and use the App shall automatically terminate. Annies AI has no obligation to delete, remove, or retain Your User Submissions or any Virtual Items, and they may remain active on the App. In addition, even if User Submissions or Virtual Items are deleted from active display on the App, they may be recorded and saved by Annies AI in its archives.
Modification. Annies AI may at any time modify the App or any part thereof, any characters in the App, or any physical characteristics of the App at any time for any reason (or no reason) and without notice to You.
17. Digital Millennium Copyright Act
Annies AI respects the intellectual property of others and requires that You do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, We will respond expeditiously to notices of alleged copyright infringement that are duly reported to Our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers. If You believe Your content has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Our designated Copyright Agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address;
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 the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Annies AI’s designated Copyright Agent to receive notifications of claimed infringement is: legal@AnniesAI.com or mail to 307 S Paterson St, Suite A; Madison, WI 53703. You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid.
We may give notice to Our Users of any infringement notice by means of a general notice on any of Our websites, electronic mail to a User's e-mail address in Our records, or by written communication sent by first-class mail to a User's physical address in Our records. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your User Submission, You may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
18. Your Representations and Warranties
You represent and warrant that: (a) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses granted herein; (b) if necessary You have the written consent of each and every identifiable natural person in the User Submission to use such person's name and/or likeness in the manner contemplated by the App and the Terms of Use, and each such person has released You from any liability that may arise in relation to such use; (c) You have read, understood, agree with, and will abide by the terms of the Terms of Use; (d) the User Submission and Annies AI’s use thereof as contemplated by these Terms of Use, including on and in the App, their promotion and re-distribution, will not violate, misappropriate or infringe any right of any third party, including any copyright, trademark, trade secret, privacy rights and rights of publicity; (e) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (f) You are not listed on any U.S. Government list of prohibited or restricted parties.
19. General
The Terms of Use will be governed by the laws of the State of Wisconsin, without reference to its choice of laws. The exclusive jurisdiction and venue for any action under these Terms of Use shall be in the state and federal courts of Dane County, Wisconsin. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to You or delegate any of Your duties hereunder and any attempt to do so is void and of no effect. Annies AI may assign its rights and delegate its duties under this Agreement in their entirety at any time, including in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Agreement.
Nothing in this Agreement shall constitute a partnership or joint venture between You and Annies AI. Annies AI does not guarantee continuous, uninterrupted or secure access to the App, and use of the App may be interfered with by numerous factors outside of Our control. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 4 (Disclaimers); 5 (Limitation of Liability); 6 (Indemnification); 7 (Content Ownership); 8 (User Submissions); 11 (User Interactions); 14 (Third Party Websites), 16 (Termination), 18 (Your Representations and Warranties), and 19 (General) shall survive any termination or expiration of this Agreement. Additionally any provision that was, by its nature, intended to survive termination of the Terms of Use will so survive. If any provision of the Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.
20. Third Party Beneficiary
You and Annies AI acknowledge and agree that any platform, and their subsidiaries are third party beneficiaries of the Terms of Use, and that, upon Your acceptance of the Terms of Use, such platform will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against You as a third party beneficiary of the Terms of Use.