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Plain-English summary
This document outlines that the service limits its liability, and if you use a work email, your employer could control your account and data. Subscriptions auto-renew, and the service can discontinue features without guaranteeing a similar replacement. Accounts can be deleted due to inactivity, and there are no guarantees for service availability or the accuracy of AI-generated content. For free subscribers, the service owns the content you create.
90% confidence
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Not clearly stated: Nothing to report.
high95% confidence
Limitation of Liability
The service limits its aggregate liability to the amount of subscription fees paid by you or AU$1,000 if you do not have a subscription.
Why it matters: This clause limits the amount the company can be held responsible for in case of damages or issues. This could restrict your ability to recover full compensation for losses.
Our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any Subscription Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, or if you do not have a Subscription, to AU$1,000.
Why it matters: You will continue to be charged for the service unless you manually cancel your subscription. If you forget to cancel, you will be billed for another subscription period.
Your Subscription continues for the Subscription Period, and at the end of each Subscription Period, provided you have paid all Subscription Fees owing, your Subscription will be automatically renewed for the same Subscription Period.
Other notable clauses that may be restrictive or have unexpected implications.
Not clearly stated: Nothing to report.
medium85% confidence
Service Discontinuation Without Guarantee of Similar Service
The service may discontinue features or services at any time. If a paid service is discontinued during your subscription, they will try to offer a similar service, but if they cannot, they will provide a pro-rata refund.
Why it matters: The features or services you rely on could be removed or changed without guarantee of a suitable replacement, potentially disrupting your usage.
We may add, change or remove features or functionality to our Services; modify or introduce limitations to storage or other features; or discontinue our Services altogether at any time. If you are on a paid subscription and we discontinue the Service you are using during your subscription, we will migrate or make available to you a substantially similar service (if available) and if we’re unable to do so, we will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.
If your account is inactive for 12 months or more, the service may close and permanently delete your account, resulting in the loss of any content you generated.
Why it matters: If you stop using your account for a year or more, your account and all your content may be permanently deleted without recovery.
If you have not used your Account for an extended period of time (12 months or more of inactivity), we may close and permanently delete your Account. You acknowledge and agree that this means you will lose any Content you generated. We will notify you via the email address you provided when creating your Account prior to deleting your Account.
**(b)** Make changes to the permissions;, paragraph 8 · Citation strength: strong
medium95% confidence
No Liability for Third-Party Disruptions
The service is not liable for disruptions or downtime caused by third-party products or services that their services rely on, such as cloud hosting providers.
Why it matters: If service disruptions occur due to issues with third-party providers, the company is not responsible, which could leave you without recourse for lost service.
Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
Generated content from the platform's AI technologies may include deep fakes, misinformation, biases, or misleading information. You are solely responsible for verifying its accuracy, reliability, and legality.
Why it matters: Content generated by the service's AI may be inaccurate or misleading, and you are solely responsible for checking its validity before use.
Our Platform utilises generative AI and large language model technologies, which can produce content that may appear highly realistic or convincing, including text, images, audio, and video outputs (collectively, Generated Content). You acknowledge and agree that Generated Content may include deep fakes, misinformation, biases, or other potentially misleading or inaccurate information. You are solely responsible for evaluating and verifying the accuracy, reliability and legality of any Generated Content before relying on or using it for any purpose.
7\. Disclaimer regarding Generative AI and Large Language Models, paragraph 1 · Citation strength: strong
medium95% confidence
No Warranties for Generated Content
Generated content is provided "as is" without warranties of any kind, and the service disclaims liability for errors, inaccuracies, or infringement on third-party rights related to this content.
Why it matters: You cannot expect any guarantees about the quality, accuracy, or legality of the AI-generated content. If you use it and it causes issues, the company is not liable.
Subject to your Consumer Law Rights, the Generated Content is provided “as is” without warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement. We disclaim all liability for any errors, omissions, or inaccuracies in the Generated Content, any infringement on third party rights (including Intellectual Property Rights) and any damages or losses that may arise from your use or reliance on such content.
7\. Disclaimer regarding Generative AI and Large Language Models, paragraph 2 · Citation strength: strong
high95% confidence
Company Ownership of Free Subscriber Content
If you use a free subscription, the service retains ownership of all Intellectual Property Rights in any outputs you or your authorized users create while using the platform.
Why it matters: Any creative work or content you generate using the platform under a free subscription will become the property of the service, meaning you will not own the intellectual property rights to your creations.
If you are on one of our free Subscriptions (Free Subscriber), as between the Parties, ownership of all Intellectual Property Rights in any Output you, or your Authorised Users, create while using the Platform will vest in us upon creation, and to the extent that ownership of such Intellectual Property Rights does not automatically vest in us, you hereby assign your right, title and interest in the Output (if any) to us and agree to do all other things necessary to assure our title in such rights.
If you are on a paid subscription and the service discontinues the service you are using, and they are unable to provide a substantially similar service, they will provide a pro-rata refund of prepaid fees for the remaining subscription period.
Why it helps: This ensures you are not charged for a service that is no longer provided and for which no equivalent alternative is offered.
If you are on a paid subscription and we discontinue the Service you are using during your subscription, we will migrate or make available to you a substantially similar service (if available) and if we’re unable to do so, we will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.
If you are on a paid subscription, ownership of all Intellectual Property Rights in any content you or your authorized users create while using the platform will vest in you upon creation.
Why it helps: As a paid subscriber, you own the intellectual property rights to the content you create on the platform.
If you are on one of our paid Subscriptions (Paid Subscriber), as between the Parties, subject to your compliance with these Terms and to the extent permitted by law, ownership of all Intellectual Property Rights in any Content you, or your Authorised Users, create while using the Platform will vest in you upon creation. We hereby assign our right, title and interest in Content (if any) to you.
Private Content Not Used for AI Model Training Without Consent
The service will not use, retain, analyze, or process your private content for any purpose other than performing its obligations, including training AI models or developing new products, without your express written consent.
Why it helps: Your private content is protected from being used for training AI models or developing new products without your explicit permission.
We will not use, retain, analyse, or process your Private Content for any other purpose, including training AI models or developing new products without your express written consent.