Terms and Conditions
We guarantee your data privacy
Please read these Terms of Service
(the “Terms”) and our Privacy Notice (“Privacy Notice”)
carefully because they govern your use of the EPAGESTORE TECHNO-LAB PVT. LTD. (“Epagestore.ai”)
website located at www.epagestore.ai (the “Site”), Epagestore.ai’s copy
content generation services, and any copy content generated by Epagestore.ai’s
services for you based on your User Content (defined below) (“Generated
Content”). To make these Terms easier to read, the Site, our services, and
the Generated Content are collectively called the “Services.”
IMPORTANT NOTICE
REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE
AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND EPAGESTORE.AI
THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW
CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
1.
Agreement to Terms. By using our
Services, you agree to be bound by these Terms. If you do not agree to be bound
by these Terms, do not use the Services. If you are accessing and using the
Services on behalf of a company (such as your employer) or other legal entity,
you represent and warrant that you have the authority to bind that entity to
these Terms. In that case, “you” and “your” will refer to that entity.
2.
Privacy Notice. Please review
our Privacy Notice, which also governs your use of the Services, for information
on how we collect, use and share your information.
3.
Changes to these Terms or the Services. We may update
the Terms from time to time in our sole discretion. If we do, we’ll let you
know by posting the updated Terms on the Site and/or may also send other
communications. It’s important that you review the Terms whenever we update
them or you use the Services. If you continue to use the Services after we have
posted updated Terms it means that you accept and agree to the changes. If you
don’t agree to be bound by the changes, you may not use the Services anymore.
Because our Services are evolving over time we may change or discontinue all or
any part of the Services, at any time and without notice, at our sole
discretion.
4.
Who May Use the Services?
You may use the Services only if you
are 18 years or older and capable of forming a binding contract with Epagestore.ai,
and not otherwise barred from using the Services under applicable law.
For certain features of the Services you
will need an account. It is important that you provide us with accurate,
complete and current account information and keep this information up to date.
If you don’t, we might have to suspend or terminate your account. To protect
your account, keep the account details and password confidential, and notify us
right away of any unauthorized use. You are responsible for all activities that
occur under your account.
5.
Feedback. We appreciate feedback,
comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”).
If you choose to submit Feedback, you agree that we are free to use it without
any restriction or compensation to you.
6.
Subscriptions. Epagestore.ai
requires payment of a fee for use of the Services (or certain portions thereof)
and you agree to pay such fees.
(a)
General. When you purchase a
subscription for the Services (“Subscription”), you expressly authorize
us (or our third-party payment processor) to charge you for such Subscription.
We may ask you to supply additional information relevant to your Subscription,
including your credit card number, the expiration date of your credit card and
your email and postal addresses for billing and notification (such information,
“Payment Information”). You represent and warrant that you have the
legal right to use all payment method(s) represented by any such Payment
Information. When you initiate a Subscription, you authorize us to provide your
Payment Information to third parties so we can complete the transaction related
to your Subscription and to charge your payment method for the type of
Subscription you have selected (plus any applicable taxes and other charges).
You may need to provide additional information to verify your identity before
completing your Subscription (such information is included within the
definition of Payment Information). By initiating a Subscription, you agree to
the pricing, payment and billing policies applicable to such fees and charges,
as posted or otherwise communicated to you. All payments for Subscriptions are
non-refundable and non-transferable except as expressly provided in these
Terms. All fees and applicable taxes, if any, are payable in United States
dollars.
(b)
Subscriptions. If you purchase a
Subscription, you will be charged the annual Subscription fee, plus any
applicable taxes, and other charges (“Subscription Fee”), at the
beginning of your Subscription and each year thereafter, at the then-current
Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE EPAGESTORE.AI TO
INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase
a Subscription, we (or our third-party payment processor) will automatically
charge you each year on the anniversary of the commencement of your
Subscription, using the Payment Information you have provided until you cancel
your Subscription. No less than thirty (30) days and no more than sixty (60)
days before your Subscription term ends, or otherwise in accordance with
applicable law, Epagestore.ai will send you a reminder with the then-current
Subscription Fee. By agreeing to these Terms and electing to purchase a
Subscription, you acknowledge that your Subscription has recurring payment
features and you accept responsibility for all recurring payment obligations
prior to cancellation of your Subscription by you or Epagestore.ai. Your
Subscription continues until cancelled by you or we terminate your access to or
use of the Services or Subscription in accordance with these Terms.
(c)
Cancelling Your Subscription. You may
cancel your Subscription for a full refund within ten (10) calendar days of
your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE
ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT
ANY TIME. But if something unexpected happens in the course of completing a
transaction, we reserve the right to cancel your transaction for any reason; if
we cancel your transaction we will refund any payment you have already remitted
to us for such transaction. Without limiting the foregoing, you may cancel your
Subscription at any time, but please note that such cancellation will be
effective at the end of the then-current Subscription period. EXCEPT AS SET
FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT
RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN
CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can
send an email to cancel@epagestore.ai. You will be responsible
for all Subscription Fees (plus any applicable taxes and other charges)
incurred for the then-current Subscription period. If you cancel, your right to
use the Services will continue until the end of your then current Subscription
period and will then terminate without further charges.
(d)
Free Trials. We may offer to certain
qualifying users paid Subscriptions on a free trial basis (“Free Trial”)
for a specified period of time. If we offer you a Free Trial, the specific terms
of your Free Trial will be provided at signup. Your use of the Free Trial is
subject to your compliance with such specific terms. Certain limitations may
exist with respect to combining Free Trials with any other offers. Except as
may otherwise be provided in the specific terms for the Free Trial offer, Free
Trials are only available to users who have not previously held a paid
Subscription. When you agree to a Free Trial, you are also agreeing to sign up
for a paid Subscription as described above and, consequently, unless you cancel
your Subscription prior to the end of your Free Trial, we (or our third party
payment processor) will begin charging your payment method on a recurring
annual basis for the applicable annual fee (plus any applicable taxes and other
charges) at the end of the Free Trial until you cancel your Subscription. If
you wish to avoid charges to your Payment Information, you must cancel your
Subscription prior to midnight Eastern Time on the last day of your Free Trial
period. Instructions for cancelling your subscription are stated in the section
above titled “Canceling Your Subscription.”
7.
Your Content.
(a)
Posting Content. Our Services may
allow you to store or share content such as text (in posts or communications
with others), files, documents, graphics, images, music, software, audio and
video. Anything (other than Feedback) that you post or otherwise make available
through the Services is referred to as “User Content.” Epagestore.ai
does not claim any ownership rights in any User Content and nothing in these
Terms will be deemed to restrict any rights that you may have to your User
Content.
(b)
Permissions to Your User Content. By
making any User Content available through the Services you hereby grant to Epagestore.ai,
its licensors, and their affiliates a non-exclusive, transferable, perpetual,
irrevocable, worldwide, royalty-free, fully paid-up license, with the right to
sublicense, to use, host, store, copy, communicate, modify, create derivative
works based upon, distribute, publish, publicly display, and publicly perform
your User Content in connection with Epagestore.ai, its licensors, and their
affiliate providing, operating, securing, and improving their services.
(c)
Your Responsibility for User Content.
You are solely responsible for all your User Content. You represent and warrant
that you have (and will have) all rights that are necessary to grant us the
license rights in your User Content under these Terms. You represent and
warrant that neither your User Content, nor your use and provision of your User
Content to be made available through the Services, nor any use of your User
Content by Epagestore.ai on or through the Services will infringe,
misappropriate or violate a third party’s intellectual property rights, or
rights of publicity or privacy, or result in the violation of any applicable
law or regulation.
(d)
Removal of User Content. You can
remove your User Content by specifically deleting it. You should know that in
certain instances, some of your User Content, (such as posts or comments you
make), may not be completely removed and copies of your User Content may
continue to exist on the Services. To the maximum extent permitted by law, we
are not responsible or liable for the removal or deletion of (or the failure to
remove or delete) any of your User Content.
(e)
Your Use of Generated Content. Subject
to your compliance with these Terms, Epagestore.ai hereby grants you a
non-exclusive, worldwide, license, with the right to sublicense, to use, copy,
modify, sell, create derivative works based upon, distribute, publicly display,
and publicly perform Generated Content for your lawful business purposes.
(f)
Ownership of Intellectual Property.
We may make available through the Services content that is subject to
intellectual property rights, including Generated Content. We and our licensors
(as applicable) retain all rights to that content.
8.
Usage Requirements, General Prohibitions,
and Epagestore.ai’s Enforcement Rights.
(a)
You agree that you will use the Services:
1. Only in a lawful
manner and in compliance with all applicable laws;
2. In accordance with
the Terms, the license granted in Section 7(e), and any documentation, usage
guidelines, parameters, and other requirements provided to you by Epagestore.ai
or its licensors, as may be modified by Epagestore.ai or its licensors from
time to time;
3. In a manner that
does not infringe, misappropriate, or otherwise violate any of Epagestore.ai’s
or its licensors’ rights or those of any other person or entity;
4. As it relates to
Generated Content, in a manner that is consistent with the OpenAI mission
and Charter,
which is incorporated herein by reference, as determined by OpenAI in its sole
discretion;
5. In a manner that
does not violate these Terms, any agreement between you and anyone else or our
or a third party’s rights; and
6. In compliance with,
and you will not attempt to circumvent, any call rate limits or other
restrictions that may be established by Epagestore.ai or its licensors from
time to time.
You further agree that you will make
reasonable efforts to reduce the likelihood, severity, and scale of any
societal harm caused by your use of the Services (including the use and sharing
of Generated Content) by following the OpenAI API Usage Guidelines. Epagestore.ai and
OpenAI may request information from you regarding your efforts to reduce safety
risks, and you agree to provide such information. Such information may be
used to assess compliance with these Terms as well as to inform improvements to
the Services (including any components thereof).
(b)
You agree not to do any of the following:
1. Post, upload, publish,
submit or transmit any User Content that: (i) infringes, misappropriates or
violates a third party’s patent, copyright, trademark, trade secret, moral
rights or other intellectual property rights, or rights of publicity or
privacy; (ii) violates, or encourages any conduct that would violate, any
applicable law or regulation or would give rise to civil liability; (iii) is
fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene,
pornographic, vulgar or offensive; (v) promotes discrimination, bigotry,
racism, hatred, harassment or harm against any individual or group; (vi) is
violent or threatening or promotes violence or actions that are threatening to
any person or entity; or (vii) promotes illegal or harmful activities or
substances;
2. Distribute, sell,
lend, transfer or grant any rights in or to any or all of the Services, (except
for Generated Content as permitted under this Agreement);
3. Create any software
that functions substantially the same as the Services (including any component
thereof) and offer it to third parties;
4. Modify, alter,
tamper with, repair or otherwise create derivative works (except as permitted
by Section 7(e)) of the Services, or attempt to do so;
5. Use the Services in
connection with any spyware, malware, virus, worm, trojan horse, or other
malicious or harmful code, or any software application not expressly and
knowingly authorized by users prior to being downloaded or installed on their
computer or other electronic device;
6. Use the Services to
discover any underlying components of Epagestore.ai’s or its licensors’ models,
algorithms, and systems, such as exfiltrating the weights of any of Epagestore.ai’s
or its licensors’ models by cloning via logits;
7. Remove, obscure, or
alter any notice, including any notice of intellectual property right appearing
on or contained within the Services (including any component thereof);
8. Interfere or
attempt to interfere in any manner with the functionality or proper working of
the Services (including any component thereof);
9. Use, display,
mirror or frame the Services or any individual element within the Services, Epagestore.ai’s
name, any Epagestore.ai trademark, logo or other proprietary information, or
the layout and design of any page or form contained on a page, without Epagestore.ai’s
express written consent;
10.
Access, tamper with, or use non-public areas of the Services, Epagestore.ai’s
computer systems, or the technical delivery systems of Epagestore.ai’s
providers;
11.
Attempt to probe, scan or test the vulnerability of any Epagestore.ai
system or network or breach any security or authentication measures;
12.
Avoid, bypass, remove, deactivate, impair, descramble or otherwise
circumvent any technological measure implemented by Epagestore.ai or any of Epagestore.ai’s
providers or any other third party (including another user) to protect the
Services;
13.
Attempt to access or search the Services or download content from the
Services using any engine, software, tool, agent, device or mechanism
(including spiders, robots, crawlers, data mining tools or the like) other than
the software and/or search agents provided by Epagestore.ai;
14.
Use web scraping, web harvesting, or web data extraction methods to
extract data from the Services (including Generated Content), or Epagestore.ai’s,
its licensors’, and their affiliates’ software, models, or systems.
15.
Send any unsolicited or unauthorized advertising, promotional materials,
email, junk mail, spam, chain letters or other form of solicitation;
16.
Use any meta tags or other hidden text or metadata utilizing a Epagestore.ai
trademark, logo URL or product name without Epagestore.ai’s express written
consent;
17.
Use the Services, or any portion thereof, for any commercial purpose or
for the benefit of any third party or in any manner not permitted by these
Terms;
18.
Forge any TCP/IP packet header or any part of the header information in
any email or newsgroup posting, or in any way use the Services to send altered,
deceptive or false source-identifying information;
19.
Decipher, decompile, disassemble, reverse assemble, reverse compile,
decompile, translate, or reverse engineer any component or software used to
provide the Services, discover the source code of any component of the
Services, or attempt to do any of the foregoing;
20.
Interfere with, or attempt to interfere with, the access of any user,
host or network, including, without limitation, sending a virus, overloading,
flooding, spamming, or mail-bombing the Services;
21.
Collect or store any personally identifiable information from the
Services from other users of the Services without their express permission;
22.
Impersonate or misrepresent your affiliation with any person or entity;
23.
Provide or upload any information to the Services that is “Protected
Health Information” as defined under the Health Insurance Portability and
Accountability Act;
24.
Use the Services in a way that causes societal harm including, but not limited
to, (i) misleading end users that any Generated Content was human-generated for
generative use cases that do not involve a human in the loop, (ii) generating
spam, and (iii) generating content for dissemination in electoral campaigns;
25.
Use the Services in a way that violates any applicable law or regulation
including, but not limited to, (i) illegal activities such as child
pornography, gambling, piracy, violating copyright, trademark or other
intellectual property laws, (ii) accessing or authorizing anyone to access the
Services from an embargoed country as prohibited by the United States
government, and (iii) threating, stalking, defaming, defrauding, degrading,
victimizing, or intimidating anyone for any reason; and
26.
Encourage or enable any other individual to do any of the foregoing.
Epagestore.ai is not obligated to
monitor access to or use of the Services or to review or edit any content.
However, we have the right to do so for the purpose of operating the Services,
to ensure compliance with these Terms and to comply with applicable law or
other legal requirements. We reserve the right, but are not obligated, to
remove or disable access to any content, including User Content, at any time
and without notice, including, but not limited to, if we, at our sole
discretion, consider it objectionable or in violation of these Terms. We have
the right to investigate violations of these Terms or conduct that affects the
Services. We may also consult and cooperate with law enforcement authorities to
prosecute users who violate the law.
9.
DMCA/Copyright Policy. Epagestore.ai
respects copyright law and expects its users to do the same. It is Epagestore.ai’s
policy to terminate in appropriate circumstances account holders who repeatedly
infringe or are believed to be repeatedly infringing the rights of copyright
holders. Please see Epagestore.ai’s Copyright Policy at epagestore.ai/copyright-policy,
for further information.
10.
Links to Third Party Websites or Resources. The Services
may allow you to access third-party websites or other resources. We provide
access only as a convenience and are not responsible for the content, products
or services on or available from those resources or links displayed on such
websites. You acknowledge sole responsibility for and assume all risk arising
from, your use of any third-party resources.
11.
Termination. We may suspend or terminate
your access to and use of the Services, including suspending access to or
terminating your account, at our sole discretion, at any time and without
notice to you. You may cancel your account at any time by sending us an email
at cancel@epagestore.ai.
Upon any termination, discontinuation or cancellation of the Services or your
account, the following Sections will survive: 6(a), 6(b), 6(c) (only for
payments due and owing to Epagestore.ai prior to the termination), 6(d), 7(b),
7(c), 7(e), 7(f), 8, 9, 11, 12, 13, 14, 15, 16 and 17.
12.
Warranty Disclaimers. THE SERVICES
ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE
FOREGOING, WE AND OUR LICENSORS EXPLICITLY DISCLAIM ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF
DEALING OR USAGE OF TRADE. We and our licensors make no warranty that the
Services will meet your requirements or be available on an uninterrupted,
secure, or error-free basis. We make no warranty regarding the quality,
accuracy, timeliness, truthfulness, completeness or reliability of any
information or content on the Services.
13.
Indemnity. You will indemnify and hold Epagestore.ai,
its licensors, their affiliates, and each of their officers, directors, employees,
representatives, and agents, harmless from and against any claims, disputes,
demands, liabilities, damages, losses, and costs and expenses, including,
without limitation, reasonable legal and accounting fees arising out of or in
any way connected with (a) your access to or use of the Services, (b) your User
Content, (c) your violation of these Terms, or (d) your actual or alleged
infringement, misappropriation, or violation of Epagestore.ai’s, its
licensors’, or any third party’s intellectual property or proprietary rights.
14.
Limitation of Liability.
(a)
TO THE MAXIMUM EXTENT PERMITTED BY
LAW, NEITHER EPAGESTORE.AI NOR ITS SERVICE PROVIDERS AND LICENSORS
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR
ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR
LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF
DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR
THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EPAGESTORE.AI OR ITS
LICENSORS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b)
TO THE MAXIMUM EXTENT PERMITTED BY
THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL EPAGESTORE.AI’S TOTAL
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF
OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE
PAYABLE BY YOU TO EPAGESTORE.AI FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS
($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO EPAGESTORE.AI, AS
APPLICABLE.
(c)
THE EXCLUSIONS AND LIMITATIONS OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN EPAGESTORE.AI AND YOU.
15.
Governing Law and Forum Choice. These Terms
and any action related thereto will be governed by the Federal Arbitration Act,
federal arbitration law, and the laws of the State of California, without
regard to its conflict of laws provisions. Except as otherwise expressly set
forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for
all Disputes (defined below) that you and Epagestore.ai are not required to
arbitrate will be the state and federal courts located in Santa Clara County,
and you and Epagestore.ai each waive any objection to jurisdiction and venue in
such courts.
16.
Dispute Resolution.
(a)
Mandatory Arbitration of Disputes. We
each agree that any dispute, claim or controversy arising out of or relating to
these Terms or the breach, termination, enforcement, interpretation or validity
thereof or the use of the Services (collectively, “Disputes”) will be
resolved solely by binding, individual arbitration and not in a class,
representative or consolidated action or proceeding. You and Epagestore.ai
agree that the U.S. Federal Arbitration Act governs the interpretation and
enforcement of these Terms, and that you and Epagestore.ai are each waiving the
right to a trial by jury or to participate in a class action. This arbitration
provision shall survive termination of these Terms.
(b)
Exceptions. As limited exceptions to
Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims
court if it qualifies; and (ii) we each retain the right to seek injunctive or
other equitable relief from a court to prevent (or enjoin) the infringement or
misappropriation of our intellectual property rights.
(c)
Conducting Arbitration and
Arbitration Rules. The arbitration will be conducted by the American
Arbitration Association (“AAA”) under its Consumer Arbitration Rules
(the “AAA Rules”) then in effect, except as modified by these Terms. The
AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
A party who wishes to start arbitration must submit a written Demand for
Arbitration to AAA and give notice to the other party as specified in the AAA
Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take
place in the county (or parish) where you live, unless we both agree to a
different location. The parties agree that the arbitrator shall have exclusive
authority to decide all issues relating to the interpretation, applicability,
enforceability and scope of this arbitration agreement.
(d)
Arbitration Costs. Payment of all
filing, administration and arbitrator fees will be governed by the AAA Rules,
and we won’t seek to recover the administration and arbitrator fees we are
responsible for paying, unless the arbitrator finds your Dispute frivolous. If
we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and
won’t seek to recover them from you. If you prevail in arbitration you will be
entitled to an award of attorneys’ fees and expenses to the extent provided
under applicable law.
(e)
Injunctive and Declaratory Relief.
Except as provided in Section 16(b) above, the arbitrator shall determine all
issues of liability on the merits of any claim asserted by either party and may
award declaratory or injunctive relief only in favor of the individual party
seeking relief and only to the extent necessary to provide relief warranted by
that party’s individual claim. To the extent that you or we prevail on a claim
and seek public injunctive relief (that is, injunctive relief that has the
primary purpose and effect of prohibiting unlawful acts that threaten future
injury to the public), the entitlement to and extent of such relief must be
litigated in a civil court of competent jurisdiction and not in arbitration.
The parties agree that litigation of any issues of public injunctive relief
shall be stayed pending the outcome of the merits of any individual claims in
arbitration.
(f)
Class Action Waiver. YOU AND EPAGESTORE.AI
AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute
is resolved through arbitration, the arbitrator may not consolidate another
person’s claims with your claims, and may not otherwise preside over any form
of a representative or class proceeding. If this specific provision is found to
be unenforceable, then the entirety of this Dispute Resolution section shall be
null and void.
(g)
Severability. With the exception of
any of the provisions in Section 16(f) of these Terms (“Class Action Waiver”),
if an arbitrator or court of competent jurisdiction decides that any part of
these Terms is invalid or unenforceable, the other parts of these Terms will
still apply.
17.
General Terms.
(a)
Reservation of Rights. Epagestore.ai
and its licensors exclusively own all right, title and interest in and to the
Services, including all associated intellectual property rights.
Notwithstanding the foregoing, Epagestore.ai’s licensor, OpenAI LLC,
exclusively owns all right, title and interest in and to Generated Content. Epagestore.ai
claims no ownership of Generated Content. You acknowledge that the Services are
protected by copyright, trademark, and other laws of the United States and
foreign countries. You agree not to remove, alter or obscure any copyright,
trademark, service mark or other proprietary rights notices incorporated in or
accompanying the Services.
(b)
Entire Agreement. These Terms
constitute the entire and exclusive understanding and agreement between Epagestore.ai
and you regarding the Services, and these Terms supersede and replace all prior
oral or written understandings or agreements between Epagestore.ai and you
regarding the Services. If any provision of these Terms is held invalid or
unenforceable by an arbitrator or a court of competent jurisdiction, that
provision will be enforced to the maximum extent permissible and the other
provisions of these Terms will remain in full force and effect. You may not
assign or transfer these Terms, by operation of law or otherwise, without Epagestore.ai’s
prior written consent. Any attempt by you to assign or transfer these Terms,
without such consent, will be null. Epagestore.ai may freely assign or transfer
these Terms without restriction. Subject to the foregoing, these Terms will
bind and inure to the benefit of the parties, their successors and permitted
assigns.
(c)
Notices. Any notices or other
communications provided by Epagestore.ai under these Terms will be given: (i)
via email; or (ii) by posting to the Services. For notices made by email, the
date of receipt will be deemed the date on which such notice is transmitted.
(d)
Waiver of Rights. Epagestore.ai’s
failure to enforce any right or provision of these Terms will not be considered
a waiver of such right or provision. The waiver of any such right or provision
will be effective only if in writing and signed by a duly authorized
representative of Epagestore.ai. Except as expressly set forth in these Terms,
the exercise by either party of any of its remedies under these Terms will be
without prejudice to its other remedies under these Terms or otherwise.