Terms and conditions

Effective Date: April 30, 2024 

‍Preamble
‍Welcome to Og.ai (the "Services"). The terms outlined herein (the "Agreement") delineate your rights regarding insights, content text, content images, and other outputs you may generate using the Services, as well as inputs you may provide. Additionally, it covers your usage of the Services and important matters including arbitration. We implore you to review this document thoroughly. Our handling of your data is described in our privacy policy. This Agreement is established between Og.ai and the individual or entity consenting to these terms (referred to as the"Customer," "You," or "Your") and regulates theCustomer's access to and utilization of the Services. 

‍Commencement

‍This Agreement takes effect when the Customer is presented with this document and commences use of the Services (the "EffectiveDate") or when receiving or distributing Assets. These terms may be revised periodically and presented anew to the Customer. Continued usage of theServices signifies acceptance of the revised terms. 

1. Service Availability and Quality

The Services may undergo modifications, including changes to the art style of Assets, the algorithms generating the Assets, and the features available to the Customer. There are no warranties regarding the quality, stability, or uptime of the Services. Dependencies on any characteristics of the Services or the Assets are strongly discouraged, and we shall not be liable for any damages resulting from such dependencies. The Services and Assets are provided "AS IS"without any warranties or conditions, express or implied, including but not limited to warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. You bear full responsibility for assessing the suitability of using or redistributing theAssets and assume all risks associated with your use of the Services. Og.ai reserves the right to suspend or terminate your access to the Services at any time, for any reason. You are prohibited from using theServices to develop competitive products or services, reverse engineer theServices or the Assets, utilize automated tools for interaction with theServices, or resell or redistribute the Services.

 2. Age Requirements

By accessing the Services, you affirm that you are at least14 years of age and meet the minimum age for digital consent in your jurisdiction. If you are of sufficient age to access the Services but not to consent to these terms independently, your parent or guardian must consent on your behalf. 

3. Your Information

By utilizing the Services, you may provide Og.ai with personal information including but not limited to your email address, username, billing information, favorites, brand ideas, image outputs, and text prompts. Our privacy policy provides further details on our data handling practices.

 4. Content Rights

Your Rights: You retain ownership of all Assets you create using the Services, subject to this Agreement and third-party rights. Entities or employees of entities with annual revenues exceeding $1 Bn USD must subscribe to a “Enterprise” plan to maintain ownership of their Assets.Rights Granted to Og.ai: By using the Services, you grantOg.ai, its successors, and assigns a perpetual, worldwide, non-exclusive, sub licensable, no-charge, royalty-free, irrevocable copyright license to ONLY prepare derivative works (including model & algorithm training)

This means that Og.ai does not have rights to

·  Reproduce: Publicly display WITHOUT consent· Publicly perform·  Sublicense, and distribute the text and image prompts you input 

5. DMCA and Takedowns Policy

Og.ai respects intellectual property rights. If you believe your copyright or trademark has been infringed upon via the Services, please contact us with detailed information at takedown@Ogai.com.

 6. Dispute Resolution andGoverning Law

Any disputes arising from or related to these Terms shall be resolved through binding arbitration in accordance with the rules of theAmerican Arbitration Association. Arbitration shall be conducted in New YorkCity, NY, USA. 

7. Payment and Billing

‍You may be invoiced for your use of the Services through a third-party payment service provider, whose terms shall supersede thisAgreement in the event of conflict.Our customer support will be of your assistance in issues from our side or our payment service provider.  

8. Community Guidelines

You are expected to behave respectfully and responsibly while using the Services. Prohibited activities include creating or distributing offensive content, engaging in illegal activities, and infringing upon the rights of others.

 9. Limitation of Liability and Indemnity

Og.ai disclaims all liability for any damages that may arisefrom your use of the Services. You agree to indemnify Og.ai against any claimsrelated to your use of the Services.

Financial Protection: If someone sues or brings a claim against Og.ai allegingthat something you did using the service (like creating and sharing a certainimage or text) violated their rights or caused them harm, you would beresponsible for covering any resulting costs, including legal fees,settlements, or damages that Og.ai has to pay.Legal Claims: This also covers situations where your use ofthe service breaches the terms of the agreement in a way that leads to legalrepercussions for Og.ai. 

10. Data Handling and Security

Og.ai commits to maintaining the security of user datathrough industry-standard encryption and data protection practices. We willpromptly notify users VIA EMAIL in the event of any security breach thataffects their personal data. Our data handling procedures are designed tocomply with applicable data protection laws and regulations to ensure theconfidentiality and integrity of your data. 

11. Intellectual Property of the AI

All intellectual property rights in the underlying AItechnology, algorithms, and outputs generated solely by the AI, independent ofuser inputs, are retained by Og.ai. Users acknowledge that enhancements to theAI derived from user input do not grant users any rights to the underlyingtechnology improvements

12. Ethical Use Policy

Users must adhere to ethical guidelines while using theServices, prohibiting the use of our AI for creating deceptive content (such as deepfakes), illegal activities, or any form of surveillance. Og.ai reserves the right to suspend or terminate access to the Services for use cases deemed unethical or harmful.

13. Accessibility

Og.ai is committed to ensuring accessibility of its Services to all users. Our platform is designed in accordance with the Web ContentAccessibility Guidelines (WCAG) to ensure that all users have equal access to the Services.

14. Export Controls and Trade Compliance

‍The Services may be subject to U.S. export control laws and regulations and similar laws applicable in other jurisdictions. By using theServices, you represent that you are not located in any sanctioned country and are not listed on any U.S. government list of prohibited or restricted parties.Users are responsible for complying with all applicable laws regarding the export, re-export, and transfer of the Services and related technology. 

15. Service Levels and UptimeGuarantees

Og.ai aims to maintain a high level of service availabilityand commits to a 99% uptime service level agreement. We provide supportresponses within 72 hours maximum for any reported issues. Should we fail tomeet this level, we will provide affected users with service credits ascompensation.

16. Change Management andVersion Control

Og.ai will provide updates to the Services periodically andwill notify users of any significant changes that may affect their use of theServices. Users will have the option to continue using the previous version ofthe service for a limited time, as specified in each update notification.

17. End-of-Service and DataRetention

Upon termination or discontinuation of the Services, userswill have the opportunity to export their data from Og.ai platforms within aspecified period. Og.ai will retain user data for a limited time as describedin our privacy policy to comply with legal obligations and resolve disputesbefore securely deleting it.

18. Miscellaneous

This Agreement is governed by the laws of the State of NY,USA. It contains provisions for force majeure and severability, and specifies that there are no third-party beneficiaries.