Terms and Conditions
Effective Date: July 26, 2023
These Terms and Conditions (these “Terms”) apply to all users and others who register with, access or use (“Use” and “Users”, “you”, as applicable) AI-Pro.org (“Website”).
These Terms are a binding contract between you and us. By accepting these Terms, you are accepting and agreeing to these Terms on behalf of yourself or the entity that you represent in connection with the use of our Website. If you are using our Website on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person’s or entity’s behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
By using our Website, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15 (Dispute Resolution; Binding Arbitration), do not use our Website. Your continued use of our Website will confirm your acceptance of these Terms.
If you have any questions about these Terms, please contact us (for contact information, please, see Contact Us Section).
Eligibility, User Accounts and Account Security
To use our Website and Products, you must register to become a Member. Your Membership is not transferable or assignable and is void where prohibited.
General age limitation. You must be at least 16 years of age to use our Website. If you are under 16 years of age (or the age of legal majority where you live), you may only use our Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 16 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with The Website.
Age limitation for the European Economic Area (“EEA”) residents. Due to requirements of the General Data Protection Regulation (“GDPR”) you shall be at least 16 years old in order to use our Website. To the extent prohibited by applicable law, we do not allow use of our Website by the EEA residents younger than 16 years old. If you are aware of anyone younger than 16 using our Website, please contact us (for contact information, please, see Contact Us Section) and we will take reasonable steps to preclude such person from using our Website.
You represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party and that you have not been previously suspended or removed from using our Website. You further agree to use our Website in compliance with all applicable laws. The Website is not available to any Users previously prohibited from using it.
Certain Website features or functionalities, that we may establish and maintain from time to time and in our sole discretion, may require you to register an account with us (“Account”). By creating an Account, you agree to: (i) provide accurate, current, and complete information for your Account, (ii) maintain and promptly update, as necessary, your Account information, (iii) maintain the security of your Account login information, (iv) be responsible for the acts or omissions of any third party who has authority to use our Website on your behalf, and (v) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
You may register your Account using a valid account on the Website. By using Third-Party Account to register your Account, you are allowing The Website to access your Third-Party Account as permitted under the applicable terms and conditions that govern your and/our use of such Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
When you complete the registration process, you may receive a password that will allow you to access our Website and Products.
Acceptance of Agreement
This Agreement is between you and
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EVERY TERM AND CONDITION SET FORTH HERE, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE ACCESS AND BROWSE IT FURTHER.
Except as otherwise noted, this Agreement makes up the entire and only Agreement between you and and supersedes all other Agreements, representations, warranties, and understandings about our Website, Products, and the subject matter here. However, for you to use our Website and Products, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
The Website may allow you to upload, edit, create, store and share photos and/or files (“User Content”). Except for the Company License you grant us below, you retain all rights in and to your User Content, as between you and us.
You grant us consent to use the User Content, regardless of whether it includes an individual’s name, likeness or persona, sufficient to indicate the individual’s identity. You further acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorized to act on your behalf.
You represent and warrant that: (i) you own the User Content stylized by you on or through The Website or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you stylize on or through The Website; and (iii) you have the legal right and capacity to enter into these Terms in your jurisdiction.
You may not upload, edit, create, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above.
We will not be liable to you for any modification, suspension or discontinuation of the Website, or the loss of any User Content.
Prohibited Conduct and Content
You will not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights (including the Company rights) or commit a tort, and you are solely responsible for your conduct while using our Website. You represent, warrant and agree that you will not use our Website by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):
- To engage in any harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking or otherwise objectionable conduct.
- For any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms.
- In any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying The Website or that could damage, disable, overburden or impair the functioning of The Website in any manner.
- To decipher, decompile, disassemble or reverse engineer any aspect of The Website (such as the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas or algorithms), do anything that might discover the source code, bypass or circumvent measures employed to prevent or limit your access to any part of The Website.
- To circumvent any content-filtering techniques we employ or to access any feature or area of The Website that you are not authorized to access.
- To develop or to use any third-party applications that interact with The Website without our prior written consent, including any scripts designed to scrape or extract data from The Website.
- To display, mirror or frame The Website, or any individual element within The Website, the Company’s name, any Company trademark, logo or other proprietary information without our express written consent.
- To use any meta tags or other hidden text or metadata utilizing the Company’s trademark, logo URL, product or services name without our express written consent.
- To gain unauthorized access to, interfere with, damage, or disrupt any server, computer or database connected to The Website.
- For any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- To violate any applicable law or regulation.
- To encourage, assist or enable any other party to do any of the foregoing.
You may only share the User Content that is non-confidential and you have all necessary rights to disclose. You may not upload, edit, create, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent.
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or otherwise create liability or violate any local, state, national or international law.
- May infringe, misappropriate or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person.
- Contains any private or personal information of any person without such person’s consent.
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from Using or enjoying The Website, or that may expose us or others to any harm or liability of any type.
We have the right to monitor your use of our Website to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects The Website. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the applicable law.
We reserve the right, in our discretion and at any time, to suspend or discontinue The Website, introduce new features or impose limitations on certain features, or restrict access to The Website.
Limited license; Copyright and Trademark
The Website and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, tools, user generated tools and other content contained therein (collectively, “The Website Content”) (and intellectual property rights in or to the preceding items) are owned by us or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, title and interests (including without limitation all intellectual rights) in and to The Website and the The Website Content. Your use of the The Website Content shall be always subject to these Terms and, if applicable, additional terms and conditions that we may communicate to you from time to time, such as terms and conditions from our licensors (such additional terms, “Supplemental Terms”). Such Supplemental Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between these Terms and Supplemental Terms the latter shall govern. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Website and the The Website Content for your own personal use (“User License”); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to: (i) sell, resell or commercially use our Website or the The Website Content; (ii) copy, reproduce, distribute, publicly perform or publicly display the The Website Content, except as expressly permitted by us or our licensors; (iii) modify the The Website Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of The Website or the The Website Content, except as expressly set forth in these Terms and the Supplemental Terms; (iv) use any data mining, robots or similar data gathering or extraction methods; or (v) use our Website or the The Website Content other than as expressly provided in these Terms and the Supplemental Terms. Any use of our Website or the The Website Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the The Website Content.
In-App Purchases and Subscriptions
The Website may include virtual services or tools that can be licensed for a fee, typically via in-app purchase (“Purchased Content”). You may only use the Purchased Content if you are over 16 years old (or of age of legal majority where you live, if different), and only on a limited, personal, non-transferable, non-sublicensable and revocable basis for non-commercial use only. We reserve the right to manage, regulate, control, modify, or eliminate Purchased Content at any time (and in case of subscriptions, after a specified time under terms of a respective subscription). Upon the Purchased Content being available to you (and in case of subscriptions, after the Purchased Content has been available to you for a specified time under terms of a respective subscription), our obligations to provide the Purchased Content are deemed fulfilled, and we make no representation that the Purchased Content will be available to the purchaser for any length of time (otherwise as may be specified in terms of a respective subscription), nor that The Website will continue to support the Purchased Content (otherwise as may be specified in terms of a respective subscription). NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
We are unable to view, access, or modify any financial transactions from Apple (as defined below) or Google LLC in-app subscriptions for security and privacy reasons. Instead, we would ask that you reach out to the appropriate support team of Apple or Google LLC in relation to your subscription to request any refunds.
You can request a refund for an Apple in-app subscription or purchase by following the guidance here.
It is our policy to respect the legitimate rights of copyright owners, and we will respond to notice of alleged copyright infringement that comply with applicable law. If you believe that any text, graphics, photos, audio, music, videos or other materials or works uploaded, downloaded or appearing on The Website have been copied in a way that constitutes copyright infringement, you may request removal of that work (or access to it) from The Website by submitting an email/written notification to . In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), such written notice (“DMCA Notice“) must include substantially the following:
- A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
- Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works on The Website, a representative list of such works.
- 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 us to locate the material on The Website.
- Information reasonably sufficient to permit us to contact you, such as your name, postal address, telephone number and if available, email 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.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that any material or activity within The Website is infringing your copyright or the copyright of a person that you know, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If we become aware that any of our Users have repeatedly infringed copyrights, we will take reasonable steps to disable access to The Website for such Users.
We welcome any of your feedback, questions, comments, suggestions, ideas, original or creative materials or other information you submit about us or The Website (collectively, “Feedback”). You can submit Feedback by contacting us (please, see Contact Us Section). Your Feedback is non-confidential and will become our sole property. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (i) your use of our Website; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (v) your conduct in connection with The Website. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.
Limitation of Liability
The Company and the other Company Parties will not be liable to you under any theory of liability — whether based in contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages.
The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or The Website, regardless of the form of the action, is limited to the amount paid, if any, by you to use our Website. In no event will the Company’s total liability arising out of or in connection with these Terms or from the Use of or inability to use our Website exceed the amounts you have paid to use our Website or ten ($10) U.S. dollars, if you have not had any payment obligations to the Company, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
The limitations set forth in this Section will not limit or exclude liability for fraud or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
IN NO EVENT WILL OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, PRODUCTS, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR PRODUCTS, EVEN IF IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESPITE ANYTHING TO THE CONTRARY HERE, ’S LIABILITY TO YOU FOR ANY CAUSE AT ALL, AND REGARDLESS OF THE FORM OF THE ACTION, WILL ALWAYS BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR PRODUCTS ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP BEFORE THE EVENT RESULTING IN LIABILITY.
To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the Users and the acts or omissions of third parties. You expressly waive any rights you may have as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Governing Law and Venue
These Terms and your use of our Website will be governed by, construed and enforced in accordance with the laws of Trenton, New Jersey, without regard to conflict of law rules or principles (whether of New Jersey or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between you and the Company that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of New Jersey and the United States, respectively, sitting in Santa Clara County, California.
When using our AI services, you agree that you are not using ChatGPT or Stable Diffusion but rather our software-as-a-service applications based on those products.
Changes to these terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the “Effective date” above. You are expected to check our terms regularly so you are aware of any changes, as they are binding on you. We may also attempt to notify you by providing notice through The Website. Unless we say otherwise in our notice, the amended terms will be effective immediately and your continued use of our Website after we provide notice will confirm your acceptance of those changes. If you do not agree to the amended terms, you must stop using our Website.
You may opt-out of receiving promotional emails from us at any time through any of the following methods:
- by contacting us at any time using the contact details in Contact Us Section.
You may opt out of push notifications by changing the settings on your mobile device.
We reserve the right, without notice and in our sole discretion, to terminate your right to use our Website. We are not responsible for any loss or harm related to your inability to use our Website. Your rights under this Agreement will terminate without our notice if you fail to comply with any terms of this Agreement. On termination, you will stop representing yourself as a Member or User. You must delete or destroy any information or content (including all copies) obtained from our Website. Upon any termination, discontinuation or cancellation of The Website, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.
Additional Terms Applicable to IOS Devices
The following terms apply if you use our Website on any device that contains the iOS mobile operating system (“App”) developed by Apple Inc. (“Apple”).
- Acknowledgement. You acknowledge that these Terms are concluded solely between you, and not with Apple, and us, not Apple. We are solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the usage rules for the Apple App Store terms of service as of the date you download the App, and in the event of any conflict, the usage rules in the Apple App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Apple usage rules.
- Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Apple usage rules set forth in the Apple App Store terms of service.
- Maintenance and Support. You and us acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Warranty. You acknowledge that Apple is not responsible for any product warranties, whether expressed or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You and the Company acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of the Company. However, you understand and agree that in accordance with these Terms, the Company has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
- Product Claims. You and the Company acknowledge that as between Apple and the Company, the Company, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights. You and the Company acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe third party’s intellectual property rights, the Company, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
- Legal Compliance. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted persons.
- Developer Name and Address. Any questions, complaints or claims with respect to the App should be directed to:
- Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App.
- Third-Party Beneficiary. You and the Company acknowledge and agree that Apple and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).
How to Contact Us
If you have any questions, complaints or claims with respect to these Terms or The Website, please contact us via email at or our mailing address:
These Terms constitute the entire agreement between you and us relating to The Website and your use of our Website, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you relating to The Website and your use of our Website. The language of these Terms is the English language only. You hereby irrevocably waive any law applicable to you requiring that these Terms shall be localized to meet your language (as well as any other localization requirements), or requiring a delivery or retention of non-electronic records. The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. 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. If any provision of these Terms is held invalid and unenforceable (either by an arbitrator appointed pursuant to the terms of the Dispute Resolution; Binding Arbitration Section above or by court of competent jurisdiction), that provision will be enforceable to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. The Section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third party beneficiary rights upon any other person or entity. You may not assign or transfer your rights under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under 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