Terms of Service

Welcome Aboard!

This User Agreement ("Agreement") is a pact between you ("User") and JanovaAI. ("Our Company," "JanovaAI," "our," or "we"). This Agreement pertains to the website found at chatbots.janovaai.com (referred to as the "Site"), and its associated applications (known as the "Application"), managed by JanovaAI. It also encompasses all tools, content, features, and functionalities provided through our Site and Application, collectively termed as the "Offerings."

Your usage and access to the Offerings are governed by this Agreement. We urge you to review it diligently as it contains crucial details about your legal entitlements and obligations. By accessing or utilizing the Offerings, you are signifying your consent to this Agreement. If any aspect of this Agreement is unclear or unacceptable to you, we kindly ask that you refrain from using the Offerings.

In the context of this Agreement, "you" pertains to the individual or entity utilizing the Offerings. If the Offerings are being used on behalf of an organization or any other entity, then "you" encompasses both the individual and the said entity. In such cases, you assure and affirm that (a) you have the legitimate authority to represent and commit the entity to this Agreement and (b) you consent to this Agreement on behalf of the entity.

Please be aware: This Agreement has clauses that mandate individual arbitration for dispute resolution, and it renounces class actions. By consenting to this Agreement, you concur (a) to settle any disagreements via binding individual arbitration, implying you forgo any entitlement to have those disagreements addressed by a court or jury, and (b) you relinquish any rights to participate in collective lawsuits or arbitrations. However, you retain the option to exclude yourself from the arbitration, as detailed further.

Accessing the Offerings:

Registration Requirements: To utilize specific facets of the Offerings, you might be mandated to complete a registration process. Should you opt to register, it's incumbent upon you to furnish and sustain genuine, precise, up-to-date, and exhaustive particulars as dictated by the registration process on the Offerings. The details you provide during registration and some other data about you are safeguarded under our Privacy Guidelines. If you're younger than 13 or if you're an EU denizen below the age of 16, registration for the Offerings isn't permissible for you.

Account Credentials and Safety Measures: Upholding the privacy of your login credentials and account rests squarely with you. You're wholly accountable for every action undertaken using your account or password. You're bound to: (a) promptly apprise JanovaAI of any unsanctioned utilization of your account or any security infringement and (b) ensure you log out after each session. JanovaAI disclaims any liability for setbacks or harms stemming from your non-adherence to this section.

Alterations to the Offerings: JanovaAI retains the prerogative to revise or halt the Offerings, be it temporarily or definitively, with or devoid of prior intimation. You concede that no accountability befalls JanovaAI for any tweaks, suspensions, or cessation of the Offerings vis-à-vis you or any third parties.

Norms Concerning Utilization and Data Retention: You recognize that JanovaAI might lay down norms and constraints on the utilization of the Offerings. This could encompass the duration for which information or other materials are conserved by the Offerings and the maximum data storage space provided on our servers for you. You concur that JanovaAI isn't answerable for the omission or non-storage of any data or materials maintained or posted on the Offerings. Accounts that remain dormant for prolonged durations might be terminated by Janova AI. You further comprehend that at any given moment, JanovaAI can alter these practices and restrictions at their exclusive discretion, with or sans prior notice.

Terms of Engagement

User Responsibilities: Apart from abiding by our Acceptable Use Guidelines, which are embedded in this document, your engagement with the Services requires adherence to the ensuing conditions. You hold exclusive accountability for every format of material, be it images, data, texts, software, music, photographs, graphics, or messages (“Material”) that you disseminate, present, or share, or otherwise relay through the Services. Below are instances of Material or actions that JanovaAI deems unlawful or impermissible. JanovaAI retains the authority to scrutinize and act, which may include legal steps, against any breach of these provisions at its sole discretion. This can encompass extracting the inappropriate Material, ceasing or suspending the offender's account, or notifying law enforcement bodies.

When leveraging the Website or Services, you commit to NOT:

Disseminate or circulate any Material that:

• Violates any proprietary rights;
• You lack the legal ground to share, be it through law or agreements;
• Carries malicious software aimed at harming software, hardware, or communication systems;
• Endangers anyone's privacy or security;
• Equates to uninvited promotions, like spam or any form of unauthorized solicitation;
• Is malicious, intimidatory, damaging, derogatory, crude, explicit, invasive, or objectionable in any form;

JanovaAI discerns as inappropriate, or that could jeopardize or harm either its reputation or its users.

• Impede or tamper with the Website, Services, or any linked servers, or defy associated protocols;
• Breach any laws, be they local, national, or international;
• Pose as another individual or entity, or misstate your association;
• Attempt to acquire details from those below 18 years;
• Amass or obtain other users’ contact details for unsolicited communications;
• Promote or publicize products or services without express authorization;
• Support or instruct regarding illicit actions;
• Try to procure data or materials not purposely offered through the Website or Services;
• Lease, vend, or unofficially use any component of the Services;
• Circumvent any safeguarding mechanism associated with the Services;
• Tamper with the Services' source code or infringe upon its structure (exceptions apply to open-source portions, if any);
• Use the Services to produce harmful content or any material conflicting with JanovaAI's standards; or employ the Services in ways that breach rights, intellectual property, or contravene any governing laws.

Rights Pertaining to Intellectual Property

User Content Contributions: Concerning the materials or content you input or produce via the Services, referred to as “User Contributions,” you assure that either you possess full rights to such User Contributions encompassing but not limited to all copyright and publicity rights contained, or you're legitimately authorized to use them, perhaps through a license, legal exception, or limitation. By introducing or submitting any User Contributions, while you retain any inherent rights, you provide JanovaAI, in accordance with permissible legal bounds, a non-exclusive, global, royalty-free, fully compensated, transferable, perpetually valid, and revocable permission to use, show, store, alter, and distribute your User Contributions for any endeavor linked to JanovaAI across all current or future platforms or technologies.

AI Chatbots and Outputs: Concerning any automated AI figure ("Chatbot") you formulate or introduce via the Service, you retain all associated rights, including any derivatives. Furthermore, for any content ("Outputs") generated by it, either directly or indirectly under your instruction, you provide JanovaAI, and any user who procures Outputs from your Chatbot, a non-exclusive, universal, royalty-free, completely paid, perpetual license to use, reproduce, display, and distribute the Chatbot and related Outputs for any purpose across all existing or forthcoming platforms. If another user interacts with a Chatbot either developed by another individual or by JanovaAI, the user eliciting the Outputs from said Chatbots possesses all rights to those Outputs. However, they grant both JanovaAI and the original Chatbot's creator a non-exclusive, global, royalty-free, perpetual license to utilize any such Outputs. It's essential to note that breaches of JanovaAI's Usage Guidelines, unrelated to intellectual property concerns, don't undermine a user's rights to their Chatbots or Outputs.

Content, Software, and Branding on the Website or Services: You acknowledge that the Website or Services might feature content or attributes (“Site Materials”) safeguarded by copyrights, patents, trademarks, trade secrets, or other proprietary laws. While accessing the Website or Services, you commit to abstaining from automated data extraction methods like data mining, robots, or scraping. If JanovaAI restricts your access to the Website or Services, for instance, by blocking your IP, you consent not to bypass such restrictions, like by disguising your IP or employing a surrogate IP. Engaging with the Website, Services, or Site Materials in unauthorized ways is strictly prohibited. All rights not overtly granted are retained by JanovaAI.

Trademark and Content Responsibility

JanovaAI's Trademarks: The JanovaAI name, alongside its emblems, are exclusive trademarks of JanovaAI, hereafter referred to as the “JanovaAI Trademarks”. There might be other trademarks featured on the Website or Services that belong to distinct entities. These external entities may or may not have ties with, or be endorsed by JanovaAI. Nothing within these Terms, or showcased on the Website or Service, should be interpreted as bestowing any rights, implicitly or otherwise, to employ any JanovaAI Trademarks without obtaining a distinct written consent from us. All positive reputation acquired from utilizing JanovaAI Trademarks will be directed solely to our advantage.

Third-Party Content Accountability: JanovaAI absolves itself from liability concerning any content or materials from third parties. This includes, but isn’t confined to, AI Chatbots developed by external parties and any resulting outputs. This encompasses liabilities related to intellectual property right violations, errors, omissions, or any damages stemming from the utilization of said content. It's imperative to recognize that while JanovaAI doesn't actively pre-review content, it reserves the right, in its sole judgment, to reject or eliminate any content available through the Website or Services. This extends to any content violating these Terms, our Acceptable Use Policy, or any content JanovaAI deems objectionable. When engaging with any content, it is your responsibility to appraise its merit, including its precision, comprehensiveness, and applicability.

Feedback & Submissions: You concede that any form of feedback, be it questions, comments, suggestions, or ideas about the Website or Services that you offer to JanovaAI, are devoid of confidentiality constraints. Consequently, JanovaAI has the liberty to use, spread, and capitalize on these submissions without any obligation to acknowledge or compensate you.

Content Retention & Disclosure: Furthermore, you acknowledge that JanovaAI might retain content and, if necessary, disclose content and associated data. Such actions would be prompted by reasons like adherence to legal mandates, the enforcement of these Terms, addressing content that infringes third-party rights, or safeguarding the rights and safety of JanovaAI, its user base, and the wider public. It’s also worth noting that the operational intricacies of the Website and Services, encompassing your content, might necessitate transmissions across varied networks and undergo modifications to meet the technical requisites of interconnected networks or gadgets.

Handling Copyright Concerns

Addressing Copyright Infringements: JanovaAI upholds and respects intellectual property rights and expects its users to demonstrate the same respect. Should you suspect that your original work has been duplicated in a manner that breaches copyright laws, or feel that your intellectual property rights have been infringed upon in any other way, it's essential to convey these concerns to JanovaAI following the process outlined below.

Infringement Reporting Procedure: JanovaAI commits to thoroughly reviewing and addressing all received infringement reports and will adopt measures as guided by the Digital Millennium Copyright Act (“DMCA”) and other relevant intellectual property statutes in cases of verified infringements. If you wish to report an infringement, you should dispatch a written notice to:

Janova, LLC

108 Coral Beads Way

Sunset, SC 29685

Attention: Legal

Email: support@janovaai.com

For the notice to be valid, it must be in writing and encompass the following details:

An electronic or physical signature from the individual authorized to represent the aggrieved copyright or intellectual property holder.

Detailed description of the copyrighted work or intellectual property believed to be infringed.

Explicit information pointing to the location of the alleged infringing content on the Site.

Your contact details: address, phone number, and email.

A declaration asserting your belief that the contentious use is unauthorized by the intellectual property or copyright owner, their agent, or by law.

A sworn statement, under risk of perjury, confirming the accuracy of the information in your notice and establishing your authorization to act on behalf of the intellectual property or copyright owner.

Counter-Notifications: If you are confident that your User Content, which was previously removed or had its access restricted, is not in violation of any copyright, or if you have received explicit permission from the copyright owner or their representative, or if the law backs your actions, you can submit a counter-notice. This should be sent to the aforementioned Copyright Agent and must contain:

Your signature (either electronic or physical).

A clear identification of the content in contention and its previous location before removal or restriction.

A statement emphasizing your belief that the content's removal or restriction resulted from an error or misidentification.

Essential contact details: your name, address, phone number, and email.

A commitment to comply with legal processes and jurisdiction within South Carolina.

A willingness to receive legal notices from the party that raised the original infringement claim.

Upon receiving a counter-notice, JanovaAI will relay a copy to the original complainant, indicating the potential for the content to be restored within 10 to 14 business days. This is unless the aggrieved party proceeds with legal action against the alleged infringer.

Dealing with Repeat Offenders: Staying consistent with DMCA and relevant laws,  JanovaAI has instituted a policy that permits the termination of users identified as habitual infringers. JanovaAI retains the discretion to restrict access to its Services and may also decide to revoke the registration of users found to be infringing upon others' intellectual property rights, irrespective of the frequency of infringement.

Navigating Third-Party Platforms

Accessing External Links: Within the Services, users might encounter links or access points leading to other internet sites or resources, or third-party applications. These are often provided by third parties themselves. It's essential to understand that JanovaAI doesn't have any influence over these external platforms and, as such, cannot vouch for their content or practices.

JanovaAI's Stance: JanovaAI doesn't extend its endorsement to these third-party sites, resources, or applications. Their inclusion or mention within the Services doesn't imply any association, partnership, or approval from JanovaAI's side.

Liability Concerns: Engaging with these third-party platforms is at your own risk. JanovaAI is not to be held responsible for any potential setbacks, damages, or losses that may arise from your interactions with these sites or reliance on their content, products, or services. The responsibility lies solely on the user and the third-party platform in question.

Interactions with Third Parties: If you choose to engage or conduct transactions with any third party you discovered while using the Services, that relationship is strictly between you and the said third party. JanovaAI stays neutral and disclaims any liability for losses or claims you might face as a result of such interactions.

Protecting JanovaAI: Responsibility and Accountability

Your Commitment: By using the Services provided by JanovaAI, you pledge to shield and protect JanovaAI, along with its allied entities and its representatives, which includes directors, employees, agents, and officers. This means that if any claims or legal proceedings arise due to your engagement with the Services, the User Content you provide, your applications to JanovaAI, or any violations of these Terms of Use or infringement of someone else's rights, you'll bear the responsibility. You'll cover any resulting losses, damages, or costs, which might also include reasonable attorney's fees.

For California Residents: If you reside in California, there's a legal provision, California Civil Code Section 1542, which might apply to you. This law emphasizes that if you release a party from any claims, you can't later make claims that you weren't aware of at the time of the release, even if you might have acted differently had you known. By agreeing to these terms, you're giving up that right.

For Non-California Residents: If you're from outside California, and your jurisdiction has a law similar to the California Civil Code Section 1542, you're waiving those rights too. This ensures that once you've released JanovaAI from any claims, you won't bring unknown claims against them later on.

Use At Your Own Discretion

Service Presentation: When you decide to use JanovaAI's Service, you're doing so fully based on your own choice. The service we offer is provided "as is" and "when available". This means we don't provide any promises or guarantees about the nature or quality of our service.

No Guarantees: JanovaAI is straightforward in stating that we don't promise or guarantee anything regarding the Service. This includes:

Quality and Suitability: We don't assure that our services will fit your specific needs or that they'll be perfectly suited for any specific purpose.

Uptime and Security: While we strive to offer a reliable and secure platform, we don't guarantee that our services will always be available without interruptions, or that they'll be entirely free of errors or issues.

Accuracy: Even though we work towards providing accurate outcomes through our Service, we can't assure that the results will always be spot-on or dependable.

In simpler terms, while we aim to offer a valuable and functional service, there might be occasional hiccups, and we hope you understand.

Resolving Disagreements Through Arbitration

Understanding the Section: This section is vital because it impacts how disagreements between you and JanovaAI are handled. Let's break it down:

Choosing Arbitration Over Court: If there's a disagreement or claim between you and JanovaAI related to the services, website, or any interactions, both sides agree to resolve it through arbitration, not in court. This is a more informal process than a lawsuit. Exceptions include small claims court issues.

Agencies: You can still report issues to federal, state, or local agencies. They might offer help.

No Jury or Class Actions: Both parties give up the right to have their dispute resolved in court by a jury or as part of a class action. Instead, a neutral arbitrator handles the case.

Individual Claims Only: Disagreements must be handled individually – not as part of a larger group or class action. The arbitrator won't bundle multiple people's claims together unless both parties agree.

Starting the Process: Before jumping to arbitration, JanovaAI wants to resolve things amicably. If you have a concern, reach out to support@janovaai.com. If there's no resolution after 60 days, arbitration can begin. Details for starting this are provided.

Arbitration Details: The process will follow rules set by JAMS, a well-known arbitration service. Any conflicts between JAMS' rules and this agreement will be resolved in favor of this agreement for fairness. Decisions by the arbitrator can be enforced in court and can only be overturned in special cases.

Location & Method: Unless decided otherwise, the arbitration will happen in Greenville, SC. The exact method (like phone, in-person, or document-only) depends on the claim's size.

Cost: Fees related to arbitration will follow JAMS' rules, unless stated otherwise here.

Privacy: Everything related to the arbitration, including its outcome, will be kept private.

If Parts Are Invalid: If any part of this arbitration agreement is deemed invalid, other parts still apply. If the clause about individual claims is found invalid, this whole arbitration section doesn't apply.

Updates to the Agreement: If JanovaAI updates this arbitration section while you use the services, you can reject those changes within 30 days by sending a written notice.

In simpler terms: Instead of lawsuits, disagreements between you and JanovaAI will be handled through a more informal process called arbitration. Both parties will work with a neutral third party (arbitrator) to resolve the issue. It's quicker and private, but it means giving up some rights like having a jury. Before jumping into arbitration, there's an encouragement to resolve things directly. Changes can be made to this section, but you can reject them if you don't agree. If you violate the terms, your account might be ended without notice.

Understanding the Section: Here's a clearer explanation of this section:

JanovaAI’s Discretion: JanovaAI has the authority to suspend or shut down your account or your usage of the services. They can also remove any content from their website or services.

Reasons for Termination: There could be various reasons for this action, such as:

• You're not using your account much.
• JanovaAI thinks you've broken the rules or not acted in line with their terms or Acceptable Use Policy.

Stopping Services: At any time, and for any reason, JanovaAI can decide to stop offering their services, either in part or entirely. They might or might not tell you before doing so.

No Prior Notice Required: If your access to the services is terminated, JanovaAI doesn't have to warn you beforehand. After the termination, they might:

• Shut down your account instantly.
• Erase all information and files associated with your account.
• Stop you from accessing those files or their services in the future.

Your Content: Even if your account or access is terminated, JanovaAI retains rights over any content you've provided.

No Liability: JanovaAI won't be responsible for any problems or losses you face because of them ending your access to the services. This includes any impact on third parties as well.

In simpler terms: JanovaAI can stop your access to their services, shut down your account, or remove content at any time, and they don't necessarily have to warn you. Even if your access stops, they still have rights over the content you've uploaded. They won't be held responsible for any issues this might cause you or others.

General Understandings and Agreements

Breaking Down the Section for Better Understanding:

Complete Agreement: These Terms are the full deal between you and JanovaAI about using their Services. If you had any earlier agreements with them regarding their Services, this one replaces them.

Laws, Courts, and Locations: South Carolina’s laws are used to interpret these Terms, without considering any conflicting laws from other places. If there's a disagreement that doesn't go to arbitration (as explained in a previous section), both you and AI will handle it in state and federal courts located in Greenville County, South Carolina.

Severance: If a judge decides that any part of these Terms isn’t valid, the rest of the Terms still apply. The judge should try to respect what both you and JanovaAI intended with the invalid part.

No Waiver: Just because JanovaAI doesn't act on or enforce a right or rule in these Terms right away, it doesn’t mean they're giving up on that right or rule for good.

Claim Time Limit: If you have a problem or claim related to using the Site or these Terms, you must file it within one year after the issue first popped up. If you don't, you can't file it ever.

Printed Agreement: A paper version of this agreement, or any related electronic notification, can be used in court or other formal settings. It’ll be treated the same as any other official document that was always in print.

Assignment: You can’t hand over or give your rights and responsibilities under these Terms to someone else unless JanovaAI gives you written permission. However, JanovaAI can pass on these Terms to someone else without any conditions.

Section Titles: The headings used in these Terms are just there to make things easier to read. They don’t define or limit the sections they head.

Notices: If JanovaAI needs to tell you something official, they might send you an email or a letter. They might also just post notices or links on their Website for general announcements or changes.

In simpler terms: This section outlines how the agreement works, how disputes are resolved, and the general rules both you and JanovaAI have agreed to. It specifies things like the fact that South Carolina law applies, any issues need to be filed within a year, and that you can't transfer your responsibilities to someone else without permission.

Modifying the Terms: What You Need to Know

Breaking Down the Section for Better Understanding:

We Can Change the Terms: JanovaAI has the right to alter or adjust parts of these Terms whenever they feel it's necessary.

How You’ll Know: If there are any changes to these Terms, JanovaAI will make sure to update them on this specific page. To make it easier for you, they will also note the latest revision date at the beginning of this page.

When Changes Take Effect: Typically, any new changes will kick in about two weeks (14 days) after they're published here. However, there are exceptions: if there's a brand-new feature on the Site or if the law requires an immediate change, then those changes start right away.

Your Use Means You Agree: If you keep using the Site after the changes have taken effect, it means you're okay with and accept these new Terms.

In simpler terms: JanovaAI can update these Terms when needed. They'll show the updates on this page and let you know the last time they did so. Most changes won't start for two weeks, but some might begin immediately. If you continue to use the Site after updates, it means you're fine with the new rules.

Reaching Out to JanovaAI: A Quick Guide

Summarizing the Section for Easier Comprehension:

Got Questions or Concerns? If you're unsure about something related to our Services or if you come across any issues with our rules and guidelines...

Let Us Know: ...just drop us a line! We're here to help.

How to Connect: The best way to get in touch is by emailing us at support@janovaai.com

In short: If you have queries or spot something that doesn't seem right with JanovaAI's Services or rules, just shoot them an email for assistance.