Effective Date: September 15, 2026
Please read the following terms and conditions (the "Terms of Use") carefully. These Terms of Use govern your access to and use of Jenova located at www.jenova.ai (the "Site"), any associated Content (as defined below) (the Site, together with the Content, are collectively referred to as the "System"), and the services, features, functionality, and offers made available through the System (the "Services").
In these Terms of Use, "you" and "your" refer to (a) you, the individual accessing the System and/or using the Services, (b) any electronic agent accessing the System and/or using the Services on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the System and/or using the Services; and "Azeroth", "we", "us" or "our" refers to Azeroth Inc. and all of its respective members, affiliates, subsidiaries, directors, officers, and employees.
These Terms of Use, including our Usage Policy (www.jenova.ai/usage-policy), constitute a contract between you and Azeroth.
BY ACCESSING, BROWSING, DOWNLOADING, USING, OR REGISTERING TO RECEIVE THE SYSTEM OR SERVICES, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND USAGE POLICY IN FULL. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR USAGE POLICY, DO NOT USE ANY PORTION OF THE SYSTEM OR THE SERVICES.
1. Definitions
"API Developer" or "Developer" means any individual or entity that accesses or uses the Jenova Agent API to build, operate, or provide applications, services, or products to End Users or for their own internal use.
"API Key" means the unique authentication credentials issued to API Developers to access and use the Jenova Agent API.
"Content" means all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained within the System, as well as the compilation, collection, design, selection, coordination, expression, "look and feel," and arrangement of such Content. For the avoidance of doubt, "Content" does not include any Third-Party Materials (as defined below) or any features, opportunities, or services made available through third-party websites, any Agents, or any content generated by or contained within Agents.
"Credits" means the prepaid usage units purchased by API Developers to access and use the Jenova Agent API, which are consumed based on API usage.
"Agent Creation Feature" means the functionality within the Jenova platform that allows users to create, configure, publish, share, and use Agents.
"End User" means any individual or entity that accesses or uses an application, service, or product built by an API Developer using the Jenova Agent API.
"Jenova Agent API" or "API Services" means the application programming interface and related developer tools, documentation, and services made available by Azeroth through Jenova's API endpoints and the Developer dashboard (www.jenova.ai/platform) that enable API Developers to integrate Jenova's AI agent capabilities into their own applications, including but not limited to workflow orchestration, model routing, session management, memory storage, file upload, retrieval augmented generation, tool use, and Model Context Protocol (MCP) integrations.
"Model Context Protocol (MCP)" means an open standard protocol that enables our AI to interact with external, third-party applications, data sources, and services. Within the product interface, MCP servers, connections, or integrations may be labeled as "apps" or "app connections." Any rights, obligations, disclaimers, and protections applicable to MCP in these Terms apply equally to such "apps" references in the product interface.
"Output" means the responses generated by our Services based on your Prompts. Outputs may be influenced by the underlying third-party AI models used by Jenova.
"Privacy Policy" means Azeroth's website privacy policy posted on this Site, which can be accessed at www.jenova.ai/privacy-policy.
"Prompt" means the text, documents, or other materials you submit to our Services for processing.
"Services" means the features, functionality, and offers made available through the System, including the Agent Creation Feature, the ability to create, share, and use Agents, and the Jenova Agent API.
"Third-Party Tools" means external applications, data sources, servers, or services (such as those for Google Drive, Slack, or GitHub) that you can connect to our Services, often via protocols like MCP, to allow our AI to perform actions or retrieve information on your behalf. These Tools are developed, offered, and maintained by independent third-party providers, not by Azeroth. For clarity, Third-Party Tools and MCP-based integrations may be labeled in the product interface as "apps" or "app connections"; any in-product references to "apps" refer to such Third-Party Tools, and all rights, obligations, disclaimers, and protections applicable to Third-Party Tools and MCP in these Terms apply equally to such "apps."
"Third-Party Materials" means any content, data, information, software, websites, services, or other materials owned by third parties and made available or accessible through, linked from, or used in connection with the System or Services, including any materials made available via Third-Party Tools.
"Agent" means any AI agent available on or through the Jenova platform, whether provided by Azeroth as part of the Services or created by users or third-party developers through the Agent Creation Feature or the Jenova Agent API. Agents may be accessible via URLs (including without limitation URLs formatted as www.jenova.ai/a/{agent}) and may incorporate various functionalities offered by the Jenova platform, including but not limited to AI model selection, web search, content access, and custom knowledge bases.
"Agent Creator" means any individual or entity, other than Azeroth, that creates, configures, or publishes an Agent on the Jenova platform, whether through the Agent Creation Feature or the Jenova Agent API.
"Global Memory" means a personalization feature of the Services that stores persistent, user-specific data points (e.g., traits, preferences, profile details, and other relevant information) that you provide or that are derived from your interactions with Jenova in order to deliver a more tailored user experience. You can add to, modify, or delete Global Memory entries at any time. You can also turn Global Memory off for any chat session; when turned off, (i) the Services will not reference your Global Memory during that session, and (ii) the content of that session will not be used to create or update your Global Memory.
2. Privacy Policy
You agree to review Azeroth's website privacy policy (the "Privacy Policy") posted on this Site, which can be accessed at www.jenova.ai/privacy-policy, and which describes how we collect and use personal information.
In addition, Azeroth uses YouTube API Services as part of its Services. By using our Services, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms) and the Google Privacy Policy (https://policies.google.com/privacy).
We collect certain data from your device when you access our Services, including but not limited to device identifiers, IP addresses, browsing behavior, and chat history, which includes YouTube-related queries. YouTube links and related source references retrieved through YouTube API Services may become unavailable, expire, be refreshed, or be removed from the product interface after 30 days. For more information on how we collect and use data, please review our Privacy Policy.
We do not use user data to train our own models. See Section 11 for details. We do not manually access or view the custom system instructions or knowledge bases uploaded to Agents; these materials may be processed by automated systems (including for safety review, analytics, and app operation). Primary user interactions are not reviewed by humans, and any human access is limited to AI-generated, de-identified summaries for analytics and product improvement purposes. Third-party model providers may have their own data-use policies; see Section 11.
API Services Data Handling: The data handling practices described in this Privacy Policy section and throughout these Terms apply equally to data processed through the Jenova Agent API. API Developers are responsible for complying with all applicable privacy laws and regulations with respect to their End Users' data. Azeroth processes data submitted through the API Services in accordance with these Terms and our Privacy Policy. API Developers retain ownership of, and responsibility for, the data they and their End Users submit through the API Services, subject to the licenses and rights granted herein.
Global Memory Feature and Controls: The Global Memory feature is designed to enhance personalization by storing user-approved details. You can view, add, modify, or delete your Global Memory entries within the product interface. You may also turn Global Memory off for any chat session; when Global Memory is turned off, the Services will not reference your Global Memory during that session and the content of that session will not be used to create or update your Global Memory. Deleted memory entries are removed from active systems within a commercially reasonable period; residual copies may persist in backups consistent with our standard backup retention schedules. Global Memory is processed as described in these Terms and our Privacy Policy. Nothing in this paragraph authorizes the use of Global Memory to train our own AI models.
3. Use of YouTube API Services
Our Services integrate YouTube API Services to provide relevant video recommendations and deliver specific features. By using our Services, you acknowledge and agree to the following:
Data Collection and Use:
We collect limited data related to your interactions with our platform, including:
User Information: Information provided via Google Single Sign-On (SSO) for login purposes (e.g., name, email address).
Search Queries: User-provided chat inputs are stored as part of the chat history to generate and maintain relevant YouTube video recommendations. YouTube links and related source references returned by the YouTube API and stored in chat history may become unavailable, expire, be refreshed, or be removed from the product interface after 30 days.
No data regarding your interactions with YouTube content (e.g., plays, likes, shares, or engagement metrics) is collected, stored, or tracked by our Services.
Embedded YouTube Videos:
YouTube videos displayed in our interface are embedded directly from YouTube. All interactions with these videos (e.g., play, pause, like) occur entirely within the YouTube platform and are not tracked or monitored by Jenova. YouTube links and related source references retrieved through YouTube API Services and included in chat history may become unavailable, expire, be refreshed, or be removed from the product interface after 30 days.
Third-Party Data Handling:
By using our Services, you also agree to comply with the YouTube Terms of Service (https://www.youtube.com/t/terms) and the Google Privacy Policy (https://policies.google.com/privacy).
Our Services may integrate with other third-party services. Your use of these services is subject to their respective terms and privacy policies.
4. Changes to the Terms of Use
We may change these Terms of Use at any time, and all updates and modifications are effective immediately upon notice thereof, which we may give by any means, including, without limitation, by posting a revised version of these Terms of Use on our Website, or providing other notice on the System. The version of these Terms of Use posted to the Website on each respective date you visit the Website will be the Terms of Use applicable to your access and use of the System and the Services on that date.
Our electronically or otherwise properly stored copies of the Terms of Use shall be deemed to be the true, complete, valid, and authentic copy of the version of the Terms of Use that was in force on each respective date you visited the System. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue access to the System or use of the Services (or any portions, components, or features thereof) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability.
5. Minors
The Services are only offered and available to users who are at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher). By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to form a binding contract with Azeroth.
Azeroth reserves the right to implement age verification mechanisms at any time, including but not limited to government ID verification, third-party age estimation services, or other methods as required by applicable law or at Azeroth's discretion. If you misrepresent your age to access the Services, you are solely liable for any consequences arising from your access, including exposure to content intended for adults. You agree to indemnify and hold Azeroth harmless from any and all claims arising from your misrepresentation of age.
If Azeroth determines or reasonably suspects that a user is under 18, Azeroth may immediately terminate the account, delete associated data, and take any other action required by law, including reporting to appropriate authorities. Parents and legal guardians who permit minors to access the Services, whether through shared devices, shared accounts, or otherwise, assume full responsibility and liability for any consequences of such access.
6. Accounts, Passwords, and Security
In order to utilize certain Services, you must set up an account. You can do this either by establishing a login ID and password directly with us or by using a third-party login service such as Google Single Sign-On (SSO).
If you choose to create an account directly with us, you are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password. If you choose to use a third-party login service, you are responsible for maintaining the security of your account with that service.
API Keys and Developer Security: If you are an API Developer, you are solely responsible for maintaining the confidentiality and security of your API Keys. You must not share, publish, or expose your API Keys in publicly accessible locations (such as public code repositories, client-side code, or unsecured configuration files). You are responsible for all activity that occurs using your API Keys, whether authorized or unauthorized. You agree to notify Azeroth immediately upon learning of any unauthorized access, use, or disclosure of your API Keys. If you believe your API Keys have been compromised, you must immediately regenerate new API Keys through the www.jenova.ai/platform interface. Azeroth is not liable for any loss or damage arising from your failure to maintain the security of your API Keys or account credentials.
Regardless of your login method, you are responsible for any and all activity that occurs under your account. You agree to notify Azeroth immediately upon learning of any unauthorized access or use of your account or any other unauthorized breach of security. However, you may be held liable for losses incurred by Azeroth or any other person or entity due to another person using your account.
If you choose to share your account information, you do so at your own risk. If you become aware of any unauthorized access or use of your account, you must take immediate steps to secure it, such as resetting your password or revoking third-party access. You may not use any other user's account at any time without the express permission and consent of the account holder. You may not transfer or assign your account.
Azeroth cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. You are fully liable and solely responsible for any activity that occurs on your account, including any Prompts submitted using your account or purchases for the Services or features of the Services. You are responsible for all instructions transmitted through your account, even if those instructions lead to unintended consequences such as the deletion of your data or the sending of erroneous communications. Azeroth is not responsible for any loss or damage resulting from your instructions or your failure to properly secure your account. Furthermore, you are responsible for securing your account and for any unauthorized activity that results from your failure to do so, including but not limited to, leaving your Jenova browser session open and unattended. You agree to indemnify and hold Azeroth harmless from any claims, damages, or losses arising from such unauthorized access.
We reserve the right to deactivate or delete free (non-subscriber) accounts that have been inactive for an extended period. Generally, free accounts that have not been used for 90 days or more may be subject to deletion. The following accounts are not subject to automatic inactive account deletion: (a) accounts with an active paid subscription, while the subscription remains active; and (b) accounts with an activated API Developer account on www.jenova.ai/platform. Account activity is determined by our systems based on your engagement with our platform. We may provide notice before deleting an inactive account, but are not obligated to do so. You are responsible for regularly accessing your account if you wish to maintain it.
We reserve the right to suspend or terminate, with or without notice, your account and your access to the Services in the event that you breach these Terms of Use or the Usage Policy. You cannot register for or maintain an account if your account or your access to the Services has previously been suspended or terminated.
7. Free Trial Period and Free Credits
Subject to these Terms of Use, Azeroth may make the Services available to you on a limited, trial basis free of charge solely for your internal evaluation of the services (the "Purpose"), until the end of the free trial period for the Services, as determined by Azeroth in its sole discretion (the "Trial Period"). Upon expiration of the Trial Period, Azeroth will terminate your access to the trial Services, unless you have signed up for a Subscription described below.
API Free Credits: From time to time, Azeroth may provide API Developers with free Credits to access and use the Jenova Agent API for evaluation or promotional purposes. Any such free Credits are provided at Azeroth's sole discretion and may be subject to additional terms, conditions, expiration dates, or usage limitations. Free Credits have no cash value and are non-transferable and non-refundable. Azeroth reserves the right to modify, suspend, or terminate the provision of free Credits at any time without notice.
You acknowledge that you are responsible for ensuring that all access to the System and use of the Services by you is in accordance with these Terms of Use and that you are liable for your acts and omissions. Azeroth may monitor your access to the System and use of the Services to ensure your access and use do not exceed the Purpose or otherwise violate these Terms of Use or the Usage Policy.
8. Ownership of the System and the Services and Access License
You understand and agree that Azeroth owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the Services, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein (collectively, the "Content"), as well as the compilation, collection, design, selection, coordination, expression, "look and feel," and arrangement of such Content. Azeroth retains ownership of the underlying platform, tools, and AI models used to create and run Agents and the Jenova Agent API, including all associated intellectual property rights in the API Services, API documentation, and related technologies. For the avoidance of doubt, "Content" does not include any Third-Party Materials or any features, opportunities, or services made available through third-party websites. "Content" also does not include any Agents or any content generated by or contained within Agents, or any applications, services, or products built by API Developers using the API Services.
You acknowledge that the System and the Services are proprietary to Azeroth and are protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest in the System or the Services by accessing and using either.
Subject to these Terms of Use, Azeroth hereby grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the System and the Services solely for your personal or internal business use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any other Content available via the System or the Services. All rights not expressly granted to you in these Terms of Use are reserved and retained by Azeroth. API Developers may use the API Services to build applications, services, or products for their own use or for End Users, subject to these Terms and the Usage Policy, but may not reverse engineer or attempt to replicate the API Services or underlying technology.
Azeroth operates the Jenova platform as an interactive computer service within the meaning of 47 U.S.C. § 230 and provides tools and infrastructure through which users, Agent Creators, and API Developers generate, access, and interact with content. Azeroth does not create, author, adopt, endorse, or publish the Outputs generated by users' interactions with the Services. Content generated through the Services is generated at the direction of and under the control and responsibility of the user who submitted the Prompts. Azeroth's role is that of a platform provider and technology service, not a content creator, publisher, or distributor. Nothing in these Terms shall be construed to treat Azeroth as the information content provider of any user-generated or AI-generated content.
9. Prompts, Outputs, and Materials
You may be allowed to submit text, documents, or other materials to our Services for processing (we call these "Prompts"). Our Services may generate responses based on your Prompts (we call these "Outputs"). Prompts and Outputs are collectively "Materials." This section ("Prompts, Outputs, and Materials") also applies to any prompts, inputs, outputs, or other materials submitted to or generated by Agents or through the Jenova Agent API by API Developers and their End Users.
You acknowledge that our Privacy Policy governs our use and processing of any personal information you submit to us in connection with your use of the Services, whether as a part of your Prompts or otherwise. Chat history, which includes Prompts, may also contain YouTube-related queries and links retrieved via the YouTube API. YouTube links and related source references stored within chat history may become unavailable, expire, be refreshed, or be removed from the product interface after 30 days. Chat history is retained beyond the session to provide continuity, improve personalization, and enhance the functionality of our Services, as detailed in our Privacy Policy.
You are responsible for all Prompts you submit to our Services. API Developers are responsible for all Prompts submitted through the API Services, whether by the Developer or their End Users. By submitting Prompts to our Services, you represent and warrant that you have all rights, licenses, and permissions that are necessary for us to process the Prompts under our Terms. You also represent and warrant that your submitting Prompts to us will not violate our Terms, our Usage Policy, or any laws or regulations applicable to those Prompts. As between you and Azeroth, and to the extent permitted by applicable law, you retain any right, title, and interest that you have in the Prompts you submit. Subject to your compliance with our Terms, we assign to you all of our right, title, and interest—if any—in Outputs. This assignment does not extend to any underlying intellectual property of the third-party AI models used by Jenova.
Outputs are generated by a combination of Jenova's platform and third-party AI models, and the characteristics of these models may influence the Outputs. Due to the nature of the Services and artificial intelligence generally, Outputs may not be unique, and other users may receive similar Outputs from the Services. The assignment above does not extend to other users' Outputs or any Third-Party Materials.
Global Memory: To improve personalization, the Services may create or update Global Memory based on your interactions. You control Global Memory: you may add, modify, or delete entries, and you may turn Global Memory off for any chat session. When Global Memory is turned off for a session, the Services will not reference your Global Memory during that session, and the content of that session will not be used to create or update your Global Memory. Global Memory is treated as Materials and processed consistent with Sections 2 and 11.
Group Chats. If you invite another user to a chat, or accept an invitation to join a chat, you acknowledge that the chat's messages, files, settings, Outputs, and other Materials may be visible to and used by other members of that chat, including members added later, as permitted by the Services. Materials contributed to a group chat may remain in that chat after a member leaves or is removed, and copies made through sharing, export, or similar features may continue to exist. The chat owner remains responsible for managing access to the chat, but certain chat-level settings, tool or app permissions, and AI work initiated within the chat may affect all members. Unless otherwise stated in the product interface, the user who starts AI work is responsible for usage associated with that work.
User Ownership and Responsibility for Outputs. Subject to your compliance with these Terms, Azeroth assigns to you all of its right, title, and interest — if any — in Outputs generated in response to your Prompts. You bear sole responsibility for your Outputs. This includes creative works such as stories, artwork descriptions, scripts, manga, music compositions, code, or other creative content generated by the Services at your direction.
You are responsible for evaluating, using, publishing, distributing, or otherwise making use of Outputs. Azeroth has no obligation to review, moderate, filter, or verify Outputs before they are presented to you. Outputs do not represent the views, opinions, endorsements, or recommendations of Azeroth. Azeroth is not a co-author, co-creator, publisher, or distributor of your Outputs.
User-Directed Content. Where you intentionally direct the Services to generate content of a specific nature — including but not limited to adult, graphic, violent, controversial, or otherwise sensitive content — you assume sole and complete responsibility for the resulting Output and any consequences of its creation, use, storage, publication, or distribution. Azeroth acts solely as a platform and tool; you are the directing party and bear all liability.
Creative Works. Azeroth makes no representation that Outputs are free from third-party intellectual property claims. You are solely responsible for any intellectual property claims, licensing obligations, or legal compliance related to your use of creative Outputs. Due to the nature of AI models, Outputs may be similar or identical to outputs generated for other users. The assignment of rights in Outputs does not grant exclusive rights to any particular Output.
API Outputs. For Outputs generated through the API Services, the API Developer or the End User (as determined by the API Developer's terms with their End Users) is the owner and bears sole responsibility for such Outputs. Azeroth has no ownership interest in or liability for Outputs generated through the API Services.
No Right to Data Export or Download. Except as expressly required by applicable United States law (such as the verified right of access under the California Consumer Privacy Act), Azeroth is not obligated to provide you with any data export, data download, data portability, or data migration tools, functionality, or services. You acknowledge that the Services are provided as a hosted platform and that you do not have a contractual right to download, extract, bulk export, or receive copies of your data (including Prompts, Outputs, chat history, uploaded files, Global Memory entries, or any other data associated with your account) in any particular format or through any self-service mechanism. You are solely responsible for maintaining your own independent copies of any data, content, or Outputs that are important to you.
10. Accuracy of Outputs
Artificial intelligence and large language models are frontier technologies that are still improving in accuracy, reliability, and safety. When you use our Services, you acknowledge and agree:
Outputs may not always be accurate and may contain material inaccuracies even if they appear accurate because of their level of detail or specificity.
You must evaluate Outputs for accuracy and appropriateness for your use case, and you should not rely on any Outputs without independently confirming their accuracy. API Developers are solely responsible for evaluating the accuracy and appropriateness of Outputs generated through the API Services and for any use or reliance on such Outputs by the Developer or their End Users.
The Services and any Outputs may not reflect correct, current, or complete information.
Azeroth has no editorial control or responsibility over the Outputs. The Services may provide incomplete, offensive, or incorrect Outputs that are inconsistent with Azeroth's views.
Azeroth is not responsible for the accuracy or reliability of Outputs generated by third-party AI models integrated into the platform.
If any Output refers to any third-party product or service, it does not mean the third-party product or service is endorsed or affiliated with Azeroth.
10A. No Professional Advice
The entire Jenova platform — including all Agents available on the platform, the Jenova Agent API, and all Outputs generated by the Services — does not constitute or provide professional advice in any domain, including but not limited to medical, legal, financial, therapeutic, academic, tax, insurance, or any other regulated or specialized field. No professional-client, doctor-patient, attorney-client, therapist-patient, fiduciary, or similar relationship is created by your use of the Services.
Users must not rely on any Output as a substitute for advice from a licensed, qualified professional. Any user who acts on Outputs from the platform in a medical, legal, financial, or other professional capacity does so at their own sole risk.
Agents and API Developer applications may carry domain labels (e.g., "medical assistant," "legal advisor," "financial planner"). These describe the agent's intended topic area, not a professional qualification or certification. Such agents hold no professional licenses, certifications, or qualifications, and their Outputs are not professional advice regardless of their labeling.
Azeroth disclaims all liability for any harm, loss, injury, or damage arising from a user's or End User's reliance on Outputs as professional advice.
Mental Health and Emotional Wellbeing. Without limiting the generality of the foregoing, the Services are not designed, intended, or suitable for use as mental health care, therapy, counseling, crisis intervention, or emotional support services. Outputs that address emotional, psychological, spiritual, or personal topics are AI-generated responses and do not constitute clinical assessment, diagnosis, treatment, or professional guidance. Azeroth does not monitor, review, or moderate user interactions in real time and has no ability to detect or respond to user emergencies or mental health crises. Users experiencing psychological distress, suicidal ideation, or any mental health emergency should immediately discontinue use of the Services and contact qualified emergency services or crisis resources (in the United States: call or text 988; in the United Kingdom and Ireland: Samaritans at 116 123; international resources: findahelpline.com). Azeroth disclaims all liability for any harm arising from a user's or End User's use of or reliance on Outputs for mental health, emotional wellbeing, or crisis intervention purposes.
10B. Regulated and Sensitive Data
The Services are not designed, intended, certified, or authorized for use with data subject to specific regulatory requirements, including but not limited to: (a) Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA); (b) data subject to the Gramm-Leach-Bliley Act (GLBA) or other financial data protection regulations; (c) data subject to the Family Educational Rights and Privacy Act (FERPA); (d) data protected by attorney-client privilege; (e) data subject to export control regulations (ITAR, EAR); (f) payment card data subject to PCI-DSS; (g) children's data requiring verifiable parental consent; or (h) any other category of data subject to specific regulatory handling, certification, or compliance requirements (collectively, "Regulated Data").
You must not submit, upload, transmit, or process Regulated Data through the Services unless Azeroth has expressly agreed to such use in a separate written agreement signed by an authorized representative of Azeroth. The Services have not been audited or certified for compliance with any regulatory framework, including but not limited to HIPAA, SOC 2, ISO 27001, GDPR, PCI-DSS, or FedRAMP, and use of the Services does not by itself satisfy any specialized legal, contractual, or regulatory obligation.
You are solely responsible for determining whether the data you submit to or process through the Services constitutes Regulated Data. If you submit Regulated Data to the Services without Azeroth's separate written agreement, you do so in violation of these Terms and at your own sole risk. You agree to indemnify and hold Azeroth harmless from any claims, penalties, fines, regulatory actions, or damages arising from your submission of Regulated Data to the Services.
Without limiting the foregoing, you acknowledge that data processed through the Services — including data submitted to Agents and through the API Services — may be transmitted to, processed by, and stored on infrastructure operated by third-party service providers, including AI model providers, in jurisdictions that may have different data protection standards. Azeroth cannot guarantee that such third-party processing meets any specific regulatory standard.
11. Use of Materials for Training
We may use Materials to provide, maintain, and improve the Services and to develop other products and services. Azeroth does not use any Materials, including Prompts, Outputs, or any user-submitted content, to train its own AI models.
Consistent with our commitment to user privacy, Azeroth will not use any data submitted to or generated by Agents or through the Jenova Agent API to train its own AI models.
Jenova relies on third-party AI model providers and other suppliers to provide parts of the Services. Where available, Azeroth uses commercial API channels, account settings, contractual commitments, or opt-outs intended to prevent customer content from being used to train those providers' models. Third-party providers may still process and retain Materials as needed to provide, secure, debug, monitor, comply with law, and prevent abuse of their services, and their handling of Materials is subject to their applicable terms and policies. Azeroth does not guarantee the independent conduct of third-party providers beyond the commitments Azeroth has actually obtained.
IMPORTANT NOTICE REGARDING THIRD-PARTY TOOL INTEGRATIONS: All interactions involving Third-Party Tools (as defined in Section 1), which are also referred to in the product interface as "apps," may require Jenova and its third-party providers to process Prompts, context, instructions, and data returned by the Tool in order to provide the requested functionality. Azeroth does not use this data to train its own AI models. Where available, Azeroth uses commercial API channels, account settings, contractual commitments, or opt-outs intended to prevent customer content from being used to train third-party model providers' models. This notice applies equally to Third-Party Tool integrations used through the Jenova Agent API.
12. Restrictions on Outputs
In addition to the restrictions in our Usage Policy, you may not use the Services to:
Scrape, crawl, or otherwise automatically or programmatically extract data or Outputs, except that API Developers may make authenticated requests to official Jenova Agent API endpoints using valid API Keys in accordance with these Terms, the Usage Policy, API documentation, rate limits, and applicable pricing.
Represent that the Output was human-generated.
Generate Outputs relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
Generate Outputs that impersonate an individual (living or dead) without explicit disclosure, in order to deceive.
The restrictions outlined in this section ("Restrictions on Outputs") also apply to any outputs generated by Agents and through the Jenova Agent API. API Developers are responsible for ensuring that their use of the API Services, and their End Users' use of applications built with the API Services, complies with these restrictions and the Usage Policy.
12A. Adult and Graphic Content
The Services may generate or display content of an adult, sexual, graphic, or violent nature ("Mature Content"), including through the Agents and the API Services. By using the Services, you acknowledge and accept the possibility of encountering Mature Content.
Azeroth does not endorse, adopt, publish, or assume responsibility for any Mature Content generated by the Services. You access and interact with Mature Content at your own sole risk. Azeroth disclaims all liability for any harm, offense, emotional distress, or other injury arising from your exposure to, creation of, or interaction with Mature Content on the platform.
Agent Creators that may generate Mature Content must clearly and prominently label their agents as containing adult or graphic material before publication. Failure to label an agent that generates Mature Content constitutes a violation of these Terms and the Usage Policy and may result in removal of the agent and termination of the creator's account.
You must not access Mature Content in any jurisdiction where such content is unlawful. You are solely responsible for complying with the laws of your jurisdiction regarding adult and graphic content. Azeroth reserves the right to restrict access to Mature Content features based on geographic location, applicable law, or Azeroth's sole discretion, but is not obligated to do so.
API Developers whose applications may expose End Users to Mature Content must: (a) implement appropriate age verification or age-gating mechanisms as required by applicable law; (b) provide clear warnings to End Users before displaying Mature Content; (c) comply with all applicable laws regarding adult and graphic content in all jurisdictions where the Developer's application is available; and (d) indemnify Azeroth for any claims arising from End Users' exposure to Mature Content through the Developer's application.
13. Feedback
We appreciate feedback, including ideas and suggestions for improvement or rating an Output in response to a Prompt ("Feedback"). If you rate an Output in response to a Prompt—for example, by using the thumbs up/thumbs down icon—we will store the related conversation as part of your Feedback. You have no obligation to give us Feedback, but if you do, you agree that we may use the Feedback however we choose without any obligation or other payment to you.
14. Agents and Agent Creators
Ownership: You retain ownership of any intellectual property rights that you hold in the content you submit, upload, or make available to your Agents, subject to the licenses granted herein. Azeroth retains all right, title, and interest in and to the Jenova platform, the Agent Creation Feature, and the underlying technology used to provide the Services, including all associated intellectual property rights. Consistent with our commitment to user privacy, Azeroth does not routinely access or view the custom system instructions, knowledge bases, chat history, or files associated with Agents. These materials may be processed by automated systems (including for safety review, analytics, and Agent operation). Primary user interactions are not routinely reviewed by humans; human access is generally limited to AI-generated, de-identified summaries for analytics and product improvement purposes. However, authorized internal personnel may access user data, including conversation content, where required for technical debugging, security investigations, legal compliance, or responding to user support requests, subject to strict access controls. Azeroth may also use automated tools, including AI-assisted analytics, to analyze user behavior, usage patterns, and use cases to improve the Services. Agent Creators cannot access or view the chat history or uploaded files of users who interact with their Agents.
Responsibility: You are solely responsible for the content, functionality, legality, and use of your Agents, including compliance with these Terms of Use, the Usage Policy, and all applicable laws and regulations. Azeroth is not responsible for any Agents or any consequences arising from their creation, sharing, or use.
Prohibited Content and Use: Agents must comply with Azeroth's Usage Policy, which prohibits certain types of content and uses, including but not limited to illegal activities, content involving minors in sexual or suggestive contexts, non-consensual sexual content, intellectual property infringement, and content that promotes violence or illegal activity. Azeroth reserves the right to remove or disable any Agent that violates the Usage Policy or these Terms of Use.
App Review: Before an Agent can be created or updated, it will undergo a review process to assess its compliance with these Terms of Use and the Usage Policy. This review is designed to help maintain a safe and positive environment for all users. The review process is automated and based on the defined policies. Azeroth maintains an internal app review policy that may change from time to time at Azeroth's discretion. Azeroth reserves the right to reject, remove, or disable any Agent at its sole discretion.
No Endorsement: Azeroth does not endorse, verify, or guarantee the accuracy, completeness, safety, or legality of any Agent. Users interact with Agents at their own risk.
Sharing and Access: Agents may be shared via unique URLs. Azeroth does not currently offer an app store or marketplace for Agents. You are responsible for managing access to your Agents and for any consequences arising from sharing them.
No Monetization: Azeroth does not currently offer any features for monetizing Agents. Any monetization efforts by users are solely their responsibility and must comply with all applicable laws and regulations. While Azeroth does not currently have plans to implement monetization features, the possibility of such features being added in the future is not excluded.
Disclaimer: AZEROTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING AGENTS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AZEROTH IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE CREATION, SHARING, OR USE OF AGENTS.
Liability for Third-Party Models: Azeroth is not liable for any issues arising from the use of third-party AI models within Agents.
Platform Role: The Jenova platform hosts Agents provided by Azeroth as well as Agents created by Agent Creators. Azeroth operates the platform and provides the infrastructure and tools through which Agent Creators build and publish Agents. Azeroth does not author, curate, or endorse Agents created by Agent Creators. All Agents undergo an automated compliance review but are not editorially reviewed by Azeroth. Your interactions with an Agent created by an Agent Creator are between you and that Agent Creator.
No Professional Advice: Agents are subject to the platform-wide professional advice disclaimer in Section 10A. Without limiting the foregoing, Agents do not provide professional advice, do not create a professional-client relationship, and should not be relied upon as a substitute for advice from qualified professionals. You are solely responsible for verifying any information provided by Agents.
Liability Waiver: TO THE MAXIMUM EXTENT PERMITTED BY LAW, AZEROTH DISCLAIMS ALL LIABILITY AND ASSUMES NO RESPONSIBILITY FOR, AND YOU HEREBY RELEASE AZEROTH FROM, ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF ANY AGENT CREATED BY AN AGENT CREATOR, INCLUDING THE AGENT'S CONTENT, OUTPUTS, AND FUNCTIONALITY.
15. Use of the System and Services
Azeroth reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, the Services, or any portion thereof, for any reason; (ii) modify or change the System, the Services, or any portion thereof, and any applicable policies or terms; and (iii) interrupt the operation of the System, the Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes. Azeroth reserves the right, in its sole discretion, to suspend, terminate, change, or discontinue your access to the System and the Services at any time, without notice or liability.
You represent and agree that all information that you provide to Azeroth in connection with your access to and use of the System and the Services is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief.
Any use or attempted use of the System and/or the Services (i) for any unlawful, unauthorized, fraudulent, or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party's use and enjoyment of the System or the Services; (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means; (v) to access systems, data, or information not intended by Azeroth to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; (vii) for any use other than the purpose for which it was intended; or (viii) to create, share, or use Agents that violate the Usage Policy or these Terms of Use, is prohibited.
In addition, in connection with your use of the System and the Services, you agree you will not:
upload or transmit any message, information, data, text, software or images, or other content that is unlawful, depicts or solicits content involving minors in sexual or suggestive contexts, depicts or promotes non-consensual sexual acts, constitutes harassment or credible threats of violence, is defamatory, libelous, or that unlawfully invades another's right of privacy or publicity;
create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Azeroth representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload or transmit any material or Prompts that you do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
delete any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature;
delete or revise any material posted by any other person or entity;
probe, scan, test the vulnerability of, or breach the authentication measures of, the System or any related networks or systems without the express prior written consent of Azeroth;
use any modified versions of the System or the Services, for any reason whatsoever, without the express prior written consent of Azeroth;
attempt to gain any unauthorized access to the System, the Services, or any of its associated Content, including computer systems, software, or networks;
access or use the System or the Services with malicious intent;
take any action that imposes or may impose (as determined by Azeroth in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers') infrastructure;
use any robot, spider, scraper, or other automated or manual means to access the System or the Services, or copy any Content or information thereon;
use the Services or any Output to develop any products or services that supplant or compete with the Services, including to develop or train any artificial intelligence or machine learning algorithms or models that compete with Azeroth or any of its third-party suppliers or licensors; or
violate the Usage Policy.
Azeroth reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms of Use, including, without limitation, the suspension or termination of your access and/or account. Azeroth may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Azeroth reserves the right at all times to disclose any information as Azeroth deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Azeroth's sole discretion. You also agree to reimburse Azeroth for any damage, loss, cost, or expense Azeroth incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the System or the Services for any unlawful or prohibited purpose.
16. AI Agent Features and Third-Party Tool Integrations (Model Context Protocol)
Our Service offers advanced AI Agent features that allow you to connect your account to Third-Party Tools. These connections, facilitated by protocols such as the Model Context Protocol (MCP) (which may be labeled in the product interface as "apps" or "app connections"), enable our AI to perform actions or retrieve information on your behalf from services like Google Drive, Slack, GitHub, and others. You acknowledge and agree that these Tools are developed, offered, and maintained by independent third-party providers, not by Azeroth. We do not own, control, or endorse any Third-Party Tool you choose to connect to your account, and your use of any such Tool is a direct relationship between you and its provider, undertaken at your sole risk. By using these features, you assume full responsibility for inherent security risks, including but not limited to: command and prompt injection; supply chain vulnerabilities, such as a provider updating a safe Tool with malicious code ("rug-pull" attacks); tool impersonation or spoofing; and the potential for token theft and account takeover if a Third-Party Tool is compromised. You are solely responsible for the selection, use, and management of any Third-Party Tools, which includes vetting the Tool and its provider, granting the absolute minimum level of permissions necessary for its function (the "principle of least privilege"), and regularly monitoring the actions performed on your behalf. To function, Third-Party Tools will require you to grant them authentication credentials (e.g., OAuth tokens) which are held and managed by the Third-Party Tool's infrastructure, not by Azeroth's primary systems. For certain sensitive or destructive actions initiated by the AI through a Tool (e.g., deleting files, sending messages), we may, at our discretion, require your explicit, real-time confirmation before the action is executed; however, this is a safety feature and not a guarantee against all unauthorized or unintended actions. You are solely responsible and liable for any and all actions taken by third-party applications that you connect to your account. By authorizing a Third-Party Tool (an "app" in the product interface), you acknowledge and agree that Azeroth is not liable for losses arising from the actions, inactions, or security failures of Third-Party Tools or their providers. However, Azeroth will maintain commercially reasonable security measures to protect authentication credentials stored on its infrastructure and does not disclaim liability for breaches directly caused by Azeroth's failure to maintain such measures.
Third-Party Tool Integrations via API Services: API Developers may configure Third-Party Tool integrations through the Jenova Agent API to enable their End Users to connect to external services. When an API Developer implements Third-Party Tool functionality:
OAuth Token Management: If the API Developer configures MCP servers or Third-Party Tools on Azeroth's platform (www.jenova.ai/platform), OAuth tokens and authentication credentials obtained when End Users authenticate with Third-Party Tools will be stored and managed by Azeroth's infrastructure. API Developers may alternatively choose to manage OAuth tokens and authentication on their own infrastructure, in which case the Developer assumes full responsibility for the security and management of such credentials.
Chain of Responsibility: When an End User of a Developer's application connects to a Third-Party Tool through the API Services, the chain of interaction is: End User → API Developer's Application → Azeroth's API Services → Third-Party Tool. The API Developer is solely responsible for: (a) disclosing to their End Users the risks, data practices, and functionality of Third-Party Tools; (b) obtaining all necessary consents and permissions from End Users; (c) ensuring End Users understand that Azeroth does not control, endorse, or guarantee Third-Party Tools; (d) implementing appropriate security measures in their application; and (e) complying with all applicable laws and regulations governing their relationship with End Users.
Malicious Use and System Instructions: API Developers are strictly prohibited from designing, configuring, or deploying agents with malicious system instructions or prompts intended to: (a) exfiltrate, steal, or improperly access End User data from authenticated Third-Party Tools; (b) perform unauthorized actions on behalf of End Users; (c) abuse or misuse Third-Party Tool integrations; or (d) circumvent security measures or permission systems. Examples of prohibited conduct include, but are not limited to: creating agents that use system prompts to extract sensitive information from an End User's authenticated Gmail, Google Drive, Slack, or other connected services without explicit End User knowledge and consent for that specific action; configuring agents to automatically send, delete, or modify data in Third-Party Tools without appropriate End User authorization; or designing agents to harvest credentials or sensitive information from Third-Party Tool responses.
Developer Liability for End User Harm: THE API DEVELOPER ASSUMES FULL LIABILITY FOR ANY HARM, LOSS, OR DAMAGES SUFFERED BY THEIR END USERS ARISING FROM THE DEVELOPER'S USE OR MISUSE OF THIRD-PARTY TOOL INTEGRATIONS, INCLUDING BUT NOT LIMITED TO DATA BREACHES, UNAUTHORIZED ACCESS, THEFT OF CREDENTIALS OR SENSITIVE INFORMATION, PRIVACY VIOLATIONS, OR ANY OTHER HARM RESULTING FROM THE DEVELOPER'S APPLICATION, SYSTEM INSTRUCTIONS, OR AGENT CONFIGURATION. AZEROTH SHALL HAVE NO LIABILITY TO THE API DEVELOPER'S END USERS FOR ANY SUCH HARM.
No Review of API Applications: Unlike Agents created through the Agent Creation Feature, applications built using the Jenova Agent API do not undergo review by Azeroth before deployment. API Developers are solely responsible for ensuring their applications, agents, system instructions, and use of Third-Party Tools comply with these Terms, the Usage Policy, and all applicable laws. Azeroth reserves the right to suspend or terminate API access if it becomes aware of violations.
Security Obligations: API Developers must implement and maintain reasonable security measures to protect End User data and credentials, including OAuth tokens. Developers must immediately notify Azeroth and affected End Users of any security breach, unauthorized access, or suspected compromise of Third-Party Tool integrations or End User credentials.
Azeroth Disclaimers for API-Enabled Third-Party Tools: AZEROTH MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES REGARDING THIRD-PARTY TOOLS ACCESSED THROUGH THE API SERVICES. AZEROTH IS NOT RESPONSIBLE FOR THE SECURITY, AVAILABILITY, FUNCTIONALITY, DATA PRACTICES, OR ANY OTHER ASPECT OF THIRD-PARTY TOOLS. THE API DEVELOPER AND THEIR END USERS USE THIRD-PARTY TOOLS ENTIRELY AT THEIR OWN RISK. AZEROTH SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, DATA BREACH, OR OTHER HARM ARISING FROM THE ACTIONS, INACTIONS, OR SECURITY FAILURES OF THIRD-PARTY TOOLS OR THEIR PROVIDERS, REGARDLESS OF WHETHER OAUTH TOKENS ARE STORED ON AZEROTH'S INFRASTRUCTURE OR THE DEVELOPER'S INFRASTRUCTURE. HOWEVER, AZEROTH WILL MAINTAIN COMMERCIALLY REASONABLE SECURITY MEASURES TO PROTECT AUTHENTICATION CREDENTIALS STORED ON ITS INFRASTRUCTURE AND DOES NOT DISCLAIM LIABILITY FOR BREACHES DIRECTLY CAUSED BY AZEROTH'S FAILURE TO MAINTAIN SUCH MEASURES.
16A. Jenova Agent API Services
The Jenova Agent API enables developers to integrate Azeroth's AI agent capabilities into their own applications, services, and products. By accessing or using the API Services, you agree to the following additional terms:
API Access and Authentication: To use the API Services, you must create an account on www.jenova.ai/platform and generate API Keys for the agents you create. You are solely responsible for maintaining the confidentiality and security of your API Keys. Do not share, publish, embed in client-side code, or expose your API Keys in publicly accessible locations such as public code repositories or unsecured configuration files. All API requests must be authenticated using valid API Keys. Azeroth reserves the right to revoke, regenerate, or limit API Keys at any time.
Phone Verification: API Developer accounts require phone number verification before activation. You must provide a valid phone number and complete a verification process (e.g., via SMS or voice call) before you can generate API Keys or access the API Services. Azeroth may use your phone number for account security, fraud prevention, and identity verification purposes.
Usage-Based Pricing and Credits: Access to the API Services is governed by a usage-based pricing model. You must purchase Credits in advance to use the API Services. Credits are consumed based on your usage of the API, including but not limited to API calls, data processing, model usage, and other resource consumption as determined by Azeroth. Credit pricing, consumption rates, and calculation methods are subject to change at Azeroth's discretion. Once you exhaust your available Credits, you will not be able to make further API requests until you purchase additional Credits. Credits are not money, stored value, a deposit account, or a cash equivalent. Credits have no cash value, are non-refundable except where required by applicable law, and are non-transferable. Purchased Credits do not expire under Azeroth's current API credit program. Free, trial, promotional, test, or bonus Credits may expire, be limited, or be revoked in accordance with the terms disclosed when those Credits are granted.
Billable API Processing: API usage may consume Credits for resources used to process a request, including model usage, tool calls, file processing, search, retrieval, session operations, storage, and other metered resources. If a request fails before billable processing begins, any related hold or authorization will be released according to Azeroth's billing systems. Once billable processing begins, Credits may be consumed for the actual resources used even if the request, run, session, tool call, or agent workflow fails, times out, is interrupted, returns an error, produces an incomplete Output, produces an inaccurate Output, or does not complete the task requested by you or your End User. Except where required by applicable law, consumed Credits will not be refunded, restored, or reissued because of such errors, failures, delays, interruptions, inaccuracies, or incomplete results.
No Subscription Pricing for API: The subscription-based pricing model described in Sections 17-20 does not apply to the Jenova Agent API. API Services are billed exclusively on a prepaid, usage-based model as described in this section.
Rate Limits and Quotas: Azeroth reserves the right to impose, modify, or enforce rate limits, request quotas, usage caps, and other restrictions on your use of the API Services at any time, with or without notice. Such limits may be based on factors including but not limited to: number of API requests per time period, data volume, concurrent connections, or resource consumption. If you exceed applicable rate limits or quotas, your API requests may be throttled, rejected, or temporarily suspended. Azeroth is not liable for any disruption, loss, or damage resulting from the enforcement of rate limits or quotas.
Developer Responsibilities: As an API Developer, you are solely responsible for: (a) the applications, services, and products you build using the API Services; (b) your End Users and their use of your applications; (c) all Prompts, data, and content submitted to the API Services by you or your End Users; (d) ensuring your application and its use of the API Services complies with these Terms, the Usage Policy, and all applicable laws and regulations; (e) providing appropriate terms of service, privacy policies, and disclosures to your End Users; (f) obtaining all necessary rights, consents, and permissions from your End Users; (g) implementing appropriate security measures to protect your API Keys, End User data, and your application; (h) monitoring and auditing your application's use of the API Services; and (i) responding to and resolving any disputes, claims, or issues raised by your End Users.
Permitted Uses: Subject to these Terms and the Usage Policy, you may use the API Services to build applications, services, or products for your own internal use, for your End Users, or for commercial purposes. You may integrate the API Services into your own offerings and may charge your End Users for access to your applications. You are not required to disclose to your End Users that your application is powered by Jenova or uses the Jenova Agent API, although you remain solely responsible for all disclosures required by applicable law.
No Application Review: Unlike Agents created through the web interface, applications built using the Jenova Agent API do not undergo review or approval by Azeroth before or after deployment. You may build and deploy applications without submitting them to Azeroth for review. However, you remain fully responsible for ensuring your application complies with these Terms, the Usage Policy, and all applicable laws. Azeroth reserves the right to investigate, audit, suspend, or terminate your API access if it becomes aware of or suspects violations of these Terms or the Usage Policy.
No Data Export Obligation: Azeroth is not obligated to provide API Developers or their End Users with data export, download, portability, or migration tools or functionality beyond the API endpoints that Azeroth makes available at its discretion. API Developers are solely responsible for maintaining their own copies of data and for implementing data export functionality for their End Users if required by their own terms or applicable law.
Prohibited Uses: In addition to the prohibitions in the Usage Policy and Section 15, you may not use the API Services to: (a) violate any applicable laws, regulations, or third-party rights; (b) build applications that facilitate, encourage, or enable illegal activity or violations of the Usage Policy; (c) reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying algorithms of the API Services; (d) use the API Services to develop competing products or services; (e) resell raw API access without adding substantial value or functionality; (f) abuse, overload, or attempt to disrupt the API Services or Azeroth's infrastructure; (g) access or use the API Services in any manner that circumvents rate limits, usage restrictions, or billing mechanisms; (h) share or distribute your API Keys; or (i) use the API Services to violate the rights of your End Users or any third party.
Data Isolation and Ownership: Each API Developer's data is isolated from other developers' data. You may only access, use, and manage data associated with your own API account and API Keys. As between you and Azeroth, you retain ownership of the Prompts and data you and your End Users submit through the API Services, subject to the licenses and rights granted in these Terms. Azeroth processes such data in accordance with these Terms and the Privacy Policy. You represent and warrant that you have all necessary rights and permissions to submit data to the API Services and to authorize Azeroth to process such data as described in these Terms.
Data Deletion: You may delete data associated with your API account using the API endpoints provided by Azeroth. Data deletion is not automatic and must be initiated by you. Deleted data will be removed from active systems within a commercially reasonable period, consistent with Azeroth's data retention and backup policies. You are responsible for implementing data deletion functionality in your application to comply with your End Users' requests and applicable law.
Service Level and Availability: The API Services are provided "as is" without any service level agreement, uptime guarantee, latency commitment, throughput commitment, completion guarantee, correctness guarantee, or warranty of availability. Azeroth does not guarantee that the API Services will be available, uninterrupted, error-free, or meet any specific performance criteria. Azeroth may suspend, interrupt, or discontinue the API Services at any time for maintenance, updates, provider issues, security reasons, legal reasons, abuse-prevention reasons, or any other reason, with or without notice.
Changes to API Services: Azeroth reserves the right to modify, update, deprecate, or discontinue any aspect of the API Services at any time, including endpoints, features, functionality, pricing, Credit consumption rates, and these Terms. Azeroth is not obligated to maintain backward compatibility or provide advance notice of changes, although Azeroth will use commercially reasonable efforts to communicate material changes that may impact API Developers.
Support: API Developers receive the same general level of support as other users of Azeroth's Services. Azeroth does not provide dedicated or enhanced support for API Developers unless separately agreed in writing.
Termination and Suspension: Azeroth may suspend or terminate your access to the API Services immediately, with or without notice, if: (a) you breach these Terms or the Usage Policy; (b) your account or Credits are exhausted and you fail to purchase additional Credits; (c) your use of the API Services poses a security risk or violates applicable law; (d) Azeroth is required to do so by law or legal process; or (e) Azeroth decides, in its sole discretion, to discontinue providing API Services to you. Upon termination or suspension, you must immediately cease all use of the API Services and API Keys. Termination or suspension does not relieve you of any obligations incurred prior to termination, including payment obligations, and does not entitle you to a refund, restoration of consumed Credits, payout, compensation, or service credit, except where required by applicable law.
End User Terms and Privacy: You are solely responsible for your relationship with your End Users. You must maintain your own terms of service and privacy policy governing your End Users' use of your application and their relationship with you. Your End User terms and privacy policy must, at a minimum: (a) comply with all applicable laws and regulations; (b) clearly disclose what data you collect from End Users and how you use it; (c) disclose that your application uses AI-generated content and the limitations thereof; (d) include appropriate disclaimers regarding accuracy, reliability, and suitability of AI-generated Outputs; (e) obtain necessary consents for data processing; and (f) provide End Users with appropriate rights to access, correct, and delete their data. You must not represent to your End Users that Azeroth is responsible for your application or has any direct relationship with your End Users.
Compliance and Legal Obligations: You are solely responsible for ensuring that your application and your use of the API Services complies with all applicable laws, regulations, and industry standards, including but not limited to: data protection and privacy laws (e.g., GDPR, CCPA); export control laws; consumer protection laws; intellectual property laws; anti-discrimination laws; and any industry-specific regulations applicable to your business or End Users. Azeroth makes no representations that the API Services are appropriate or lawful for use in any particular jurisdiction or for any particular purpose.
Regulated Data Processing: API Developers must not use the API Services to process Regulated Data as defined in Section 10B unless Azeroth has expressly agreed to such processing in a separate written agreement signed by an authorized representative of Azeroth. Compliance with Azeroth's Terms does not constitute compliance with HIPAA, GLBA, FERPA, GDPR, PCI-DSS, FedRAMP, or any other regulatory framework.
Professional Advice Applications: API Developers who build applications that operate in medical, legal, financial, therapeutic, or other regulated domains must: (a) include prominent disclaimers that the application does not provide professional advice; (b) not label, market, or present their application in a way that suggests it replaces consultation with a qualified professional; and (c) comply with all applicable professional licensing and regulatory requirements in all jurisdictions where the Developer's application is available, independently of Azeroth.
Applications Targeting Minors: API Developers represent and warrant that: (a) their applications are not targeted at or intended for use by individuals under 18; (b) they have implemented appropriate age screening measures where required by applicable law; (c) they will immediately report to Azeroth and appropriate law enforcement any suspected violation involving minors; and (d) they will cooperate fully with any investigation involving minor safety on their application.
Insurance: API Developers who process End User data, facilitate End User access to Third-Party Tools, or build applications in regulated domains (including but not limited to medical, legal, financial, or adult content) are strongly encouraged — and may, at Azeroth's sole discretion, be required — to maintain adequate commercial general liability insurance and cyber liability insurance appropriate for the nature and scale of their application. Azeroth reserves the right to request a Certificate of Insurance (COI) from any API Developer at any time, and to suspend or terminate API access if the Developer fails to provide evidence of adequate insurance coverage within thirty (30) days of request.
Indemnification by API Developers: API Developers are subject to the indemnification obligations set forth in Section 24, including the API Developer-specific indemnification provisions therein.
Disclaimer for API Services: IN ADDITION TO THE DISCLAIMERS IN SECTION 23, AZEROTH SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE API SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, COMPLETION, CORRECTNESS, AND NON-INFRINGEMENT. AZEROTH DOES NOT WARRANT THAT THE API SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE FROM HARMFUL COMPONENTS, OR CAPABLE OF COMPLETING ANY REQUEST, RUN, TOOL CALL, WORKFLOW, OR TASK CORRECTLY OR AT ALL. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE API SERVICES AND ANY APPLICATIONS YOU BUILD THEREWITH.
Limitation of Liability for API Services: IN ADDITION TO THE LIMITATIONS IN SECTION 25, AZEROTH SHALL NOT BE LIABLE TO API DEVELOPERS OR THEIR END USERS FOR ANY DAMAGES ARISING FROM OR RELATING TO: (a) THE API SERVICES OR THEIR UNAVAILABILITY; (b) OUTPUTS GENERATED THROUGH THE API SERVICES; (c) APPLICATIONS BUILT USING THE API SERVICES; (d) ANY ACTIONS, CLAIMS, OR DISPUTES INVOLVING END USERS; (e) DATA LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS; (f) THIRD-PARTY TOOL INTEGRATIONS; (g) CHANGES TO OR DISCONTINUATION OF THE API SERVICES; OR (h) RATE LIMITING, SUSPENSION, OR TERMINATION OF API ACCESS. THE AGGREGATE LIABILITY OF AZEROTH TO ANY API DEVELOPER FOR ALL CLAIMS RELATING TO THE API SERVICES IS SUBJECT TO THE UNIFIED LIABILITY CAP SET FORTH IN SECTION 25.
17. Fees and Billing
You may be required to pay us fees to access or use our Services or certain features of our Services. You are responsible for paying any applicable fees listed for the Services.
If you purchase access to our Services or features of our Services, you must provide complete and accurate billing information ("Payment Method"). By choosing to purchase access to our Services or features of our Services, you agree to pay us, through a third-party payment processor, and that we may charge your Payment Method for any applicable fees listed on our Services and any applicable tax. If the fees for these Services or features are specified to be recurring or based on usage, you agree that we may charge these fees and applicable taxes to the Payment Method on a periodic basis.
API Services Pricing: For API Developers using the Jenova Agent API, fees are charged on a usage-based, prepaid model. You must purchase Credits before using the API Services. Credits are consumed based on your actual usage of the API Services. The amount of Credits consumed per API request or operation is determined by Azeroth and may vary based on factors such as the AI models used, the complexity of requests, data processing requirements, tool calls, storage, session operations, and other resource consumption. Credit pricing and consumption rates are subject to change at Azeroth's discretion. All purchases of Credits are final and non-refundable except where required by applicable law. If you do not have sufficient Credits, your API requests will be rejected until you purchase additional Credits. The additional API Credit terms in Section 16A, including Credit status, transferability, expiration, refundability, and billable processing, apply to your API Services usage.
Except as expressly provided in these Terms of Use or where required by law, all payments are non-refundable. Please check your order carefully before placing it, and see below for additional information about recurring charges for our subscriptions.
Billing Corrections and Payment Disputes: Azeroth may correct duplicate charges, unauthorized charges, or billing calculation errors that Azeroth determines occurred. Any such correction is a billing adjustment and does not create any right to refunds, Credits, or service credits for quality, availability, accuracy, latency, failed runs, incomplete Outputs, or outcome-related issues. If you initiate a chargeback, payment dispute, reversal, or similar action for a valid Credit purchase, subscription payment, or consumed usage, Azeroth may suspend or terminate your access to the Services, disable API Keys, and investigate the account.
We use a third-party payment processor to bill you through your Payment Method for the use of paid Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the third-party payment processor in addition to these Terms of Use. You agree that we will not be held liable for any errors caused by third-party payment processors that we may use.
We may increase fees for our Services. If we charge additional fees in connection with our Services, we will give you an opportunity to review and accept the additional fees before you are charged. Also, additional fees may apply for additional Services or features of the Services that we may make available. If you do not accept any such additional fees, we may discontinue your access to the Services or features.
18. Subscriptions
To access the Services and other subscription services or features we may make available to individuals, you must sign up for a subscription with us (a "Subscription"), first by creating an account, and then following the subscription procedure on our Services. When you sign up for a Subscription, you agree to these Terms of Use.
Subscription Applicability: The subscription-based pricing and terms described in this section and Sections 19-20 apply to consumer-facing features of the Services accessed through the primary Jenova platform (www.jenova.ai). These subscription terms do not apply to the Jenova Agent API, which is governed by the usage-based, prepaid Credit model described in Section 16A and Section 17.
The content, features, and other services provided as part of your Subscription, and the duration of your Subscription, will be described in the order process. We may change the content, features, and other services from time to time, and we do not guarantee that any particular piece of content, feature, or other service will always be available through the Services. A Subscription provides access to eligible Services during the subscription term; it does not purchase, reserve, or guarantee any specific answer, Output, agent behavior, third-party tool action, task completion, response time, factual accuracy, or business result. Except where required by applicable law or expressly stated in a separate written refund policy, fees are not refundable because a request fails, an Output is inaccurate or unusable, a tool action does not complete, or the Services do not satisfy your intended purpose.
If you sign up for a paid Subscription, we will automatically charge your Payment Method on each agreed-upon periodic renewal date until you cancel as described in the paragraph immediately below (Subscription cancellation). By choosing a paid Subscription, you acknowledge that such Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation.
WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, SIGN IN TO YOUR ACCOUNT AT WWW.JENOVA.AI.
If your Subscription has a minimum term (the "Initial Term"), we will let you know during the order process. The "Initial Term" for the Services is one month. Your Subscription will last for the Initial Term and will automatically renew, and your Payment Method will be charged, at the end of the Initial Term for an additional term equal in duration to the Initial Term and will continue to renew and incur charges for additional terms equal in duration to the Initial Term (each such additional term, a "Renewal Term") until you cancel.
19. Subscription Cancellation
You may cancel your Subscription for any reason through your account settings at www.jenova.ai. To avoid renewal and charges for the next Renewal Term, cancel your subscription at least 24 hours before the last day of the Initial Term or any Renewal Term. For example, if you subscribe on January 25th for a Subscription with a one-month Initial Term, you must cancel the Subscription per the instructions by February 23rd (24 hours before February 24th) to avoid renewal and charges for the next Renewal Term. In the event of a cancellation, your fees will not be refunded, but your access to the Services will continue through the end of the Initial Term or any Renewal Term for which you previously paid fees.
Note: This subscription cancellation policy applies only to subscription-based Services and does not apply to the Jenova Agent API, which uses a prepaid Credit model. API Developers may discontinue use of the API Services at any time, subject to the API Credit terms in Section 16A.
20. Subscription Fees
You will pay the fees for the Initial Term and each subsequent Renewal Term up front, at the start of that Initial Term or Renewal Term, as applicable. We have the right to make changes to the fees applicable to your Subscription from time to time, although we will not make any change to the fees applicable to your Subscription during the current Initial Term or Renewal Term, as applicable. If these changes result in an increase in the fees payable by you, we will inform you at least 30 days in advance of the change. You agree to the increase in fees payable by you unless you cancel the Subscription, as described in the paragraph (Subscription cancellation) immediately above, before the Renewal Term to which the increase in fees will apply. Your continued use of the paid Services with a Subscription without termination reaffirms that we are authorized to charge your Payment Method for those Services during the Initial Term and each subsequent Renewal Term. Submitting changes for payment through your Payment Method does not waive our right to seek payment directly from you should your chosen Payment Method fail.
Note: This subscription fee structure applies only to subscription-based Services and does not apply to the Jenova Agent API, which is billed on a usage-based, prepaid Credit model as described in Sections 16A and 17.
21. Electronic Communications
When you use the System and/or Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the System and/or Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.
22. Representations and Warranties
You represent and warrant that any information, materials, software, or data that you submit to or through the System, including your Prompts, or that you access, use, download, or otherwise obtain on or through the System, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines. You represent and warrant that you won't use the System and/or the Services in a way that violates any local, state, national, or international law or regulations. API Developers additionally represent and warrant that: (i) they have all necessary rights and permissions to submit data to the API Services on behalf of themselves and their End Users; (ii) their application and use of the API Services complies with all applicable laws, regulations, and third-party rights; (iii) they have obtained all necessary consents from their End Users; and (iv) they will not use the API Services in any manner that harms Azeroth, other users, or any third party.
23. Disclaimer of Warranties
The information and materials available through the System and the Services are for informational and educational purposes only. You acknowledge and agree that your use of the System and Services is at your own risk.
THE INFORMATION, SOFTWARE, CONTENT, SERVICES, OUTPUT, OR MATERIALS AVAILABLE FROM OR PROVIDED ON THE SYSTEM OR VIA THE SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
The Services use artificial intelligence systems, third-party AI models, retrieval systems, tool integrations, web search, code execution, file processing, and other automated systems. These systems are probabilistic and may not work as expected. Azeroth does not guarantee that any Prompt, request, agent run, API run, tool call, workflow, retrieval, search, file operation, browser action, or other task will be completed, completed correctly, completed safely, completed on time, or completed in the manner requested. You are responsible for reviewing Outputs and deciding whether they are appropriate for your use.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM THE SERVICES IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUTS AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. API DEVELOPERS ACKNOWLEDGE THAT OUTPUTS GENERATED THROUGH THE API SERVICES ARE PROVIDED WITHOUT WARRANTY AND THAT DEVELOPERS ARE SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF SUCH OUTPUTS BY THEMSELVES OR THEIR END USERS.
AZEROTH AND/OR OUR THIRD-PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM AND THE SERVICES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE IDENTIFIED OR CORRECTED, OR THAT THE SYSTEM AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SYSTEM OR THE SERVICES. WE MAKE NO WARRANTY THAT THE SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH THE SYSTEM OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SYSTEM OR THE SERVICES.
AZEROTH PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, AZEROTH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. AZEROTH SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM OR THE SERVICES. AZEROTH DISCLAIMS ALL LIABILITY FOR ANY ERRORS, OMISSIONS, OR DAMAGES ARISING FROM YOUR USE OF THE SYSTEM OR SERVICES, INCLUDING ANY ACTIONS TAKEN BASED ON YOUR INSTRUCTIONS.
AZEROTH DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY, SAFETY, LEGALITY, OR FUNCTIONALITY OF AGENTS. AZEROTH ADDITIONALLY DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTIES REGARDING THE SECURITY, PERFORMANCE, DATA HANDLING PRACTICES, OR FUNCTIONALITY OF ANY THIRD-PARTY TOOLS YOU CHOOSE TO CONNECT TO THE SERVICES. AZEROTH MAKES NO WARRANTY REGARDING THE ACCURACY AND RELIABILITY OF OUTPUTS GENERATED BY THIRD-PARTY MODELS. AZEROTH MAKES NO WARRANTIES REGARDING APPLICATIONS BUILT BY API DEVELOPERS USING THE API SERVICES, OR REGARDING THE AVAILABILITY, RELIABILITY, SECURITY, OR PERFORMANCE OF THE API SERVICES.
AGENTS CREATED BY AGENT CREATORS ARE NOT EDITORIALLY REVIEWED, CURATED, ENDORSED, OR SUPPORTED BY AZEROTH. ALL AGENTS, INCLUDING THOSE PROVIDED BY AZEROTH, ARE PROVIDED "AS IS," DO NOT CONSTITUTE PROFESSIONAL ADVICE (INCLUDING WITHOUT LIMITATION MEDICAL, LEGAL, FINANCIAL, OR ACADEMIC ADVICE), AND YOUR USE OF ANY AGENT IS AT YOUR SOLE RISK.
24. Indemnity
You agree to indemnify, defend, and hold Azeroth, its officers, directors, employees, licensors, licensees, suppliers, affiliated entities, agents, and contractors, harmless from and against any loss, damage, liability, claim, demand, cost, and expense (including attorneys' fees), brought by any third party in connection with, arising out of or related to your use of the Materials, the System or Services, your access to and use of the System and/or Services, your Feedback, your violation of these Terms of Use or the Usage Policy, your violation of any applicable law, regulation or code, your violation of any rights of another, your actual or alleged fraud, intentional misconduct, gross negligence or criminal acts, or arising out of or related to your Agents or your use of any Third-Party Tool, including but not limited to claims of intellectual property infringement, violation of privacy, data breaches, or any other harm caused by your Agents or Third-Party Tools, or your own negligence in securing your account.
API Developer Indemnification: If you are an API Developer, you additionally agree to indemnify, defend, and hold Azeroth harmless from and against any and all loss, damage, liability, claim, demand, cost, and expense (including reasonable attorneys' fees) arising from or related to: (a) your application, service, or product built using the API Services; (b) your End Users' use of your application and any claims by your End Users against Azeroth; (c) any Prompts, data, or content submitted by you or your End Users through the API Services; (d) your breach of the API-specific terms in Section 16A; (e) your violation of any End User's rights or any third-party rights; (f) your violation of any applicable laws or regulations; (g) your use or misuse of Third-Party Tool integrations, including any unauthorized access to or exfiltration of End User data from Third-Party Tools; (h) any data breach, security incident, or unauthorized access involving your application or your End Users' data; (i) your failure to maintain appropriate terms of service, privacy policy, or End User disclosures; or (j) any harm to your End Users arising from your use of the API Services. You acknowledge that Azeroth has no relationship with your End Users and that you are solely responsible for all claims, disputes, or issues involving your End Users.
Heightened Indemnification for Specific Violations. Without limiting the foregoing, you specifically agree to indemnify, defend, and hold Azeroth harmless from any and all claims, losses, penalties, fines, damages, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) any claim that a user, End User, or third party relied on Outputs from the Services as professional medical, legal, financial, therapeutic, or other regulated advice; (b) any claim arising from the generation, display, distribution, or publication of adult, sexual, graphic, or violent content through the Services; (c) any claim arising from a minor's access to the Services or exposure to Mature Content, including claims by parents, guardians, or government agencies; (d) any claim, penalty, fine, or regulatory action arising from your submission of Regulated Data to the Services; (e) if you are an API Developer, any claim by your End Users relating to professional advice, Mature Content, minor safety, or Regulated Data; (f) any claim, penalty, fine, or regulatory action by a non-U.S. government, regulatory body, or data protection authority arising from your use of the Services; and (g) any claim that your Outputs, Agents, or applications built with the API Services infringe the copyrights, trademarks, rights of publicity, or other intellectual property rights of any third party.
We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.
25. Limitation of Liability
IN NO EVENT SHALL AZEROTH, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SYSTEM AND/OR SERVICES OR ANY OUTPUTS THEREOF; (B) THE SECURITY OF THE SYSTEM AND/OR THE SERVICES; (C) THE USE, COPYING, OR DISPLAY OF THE SYSTEM AND/OR THE SERVICES OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SYSTEM OVER THE INTERNET; (D) AZEROTH'S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE AND THE SERVICES; (E) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE SYSTEM OR THE SERVICES, OR OTHER THIRD PARTIES; (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE SERVICES; (G) THE CREATION, SHARING, OR USE OF AGENTS; OR (H) YOUR USE OF, OR CONNECTION TO, ANY THIRD-PARTY TOOL, INCLUDING ANY DATA BREACH, TOKEN THEFT, OR UNAUTHORIZED ACTION ORIGINATING FROM SUCH A TOOL, EVEN IF AZEROTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED, HOWEVER, THAT THIS LIMITATION SHALL NOT APPLY TO THE EXTENT ANY SUCH LOSS OR DAMAGE IS DIRECTLY CAUSED BY AZEROTH'S FAILURE TO MAINTAIN COMMERCIALLY REASONABLE SECURITY MEASURES FOR AUTHENTICATION CREDENTIALS STORED ON AZEROTH'S INFRASTRUCTURE. AZEROTH IS NOT LIABLE FOR ANY ISSUES ARISING FROM THE USE OF THIRD-PARTY AI MODELS. AZEROTH IS NOT LIABLE FOR ANY LOSS, DAMAGE, CLAIM, OR INJURY ARISING FROM OR RELATED TO: (I) THE JENOVA AGENT API OR API SERVICES; (J) ANY APPLICATION, SERVICE, OR PRODUCT BUILT BY AN API DEVELOPER USING THE API SERVICES; (K) ANY CLAIMS BY OR DISPUTES INVOLVING END USERS OF API DEVELOPER APPLICATIONS; (L) ANY OUTPUTS GENERATED THROUGH THE API SERVICES; (M) ANY DATA SUBMITTED TO OR PROCESSED BY THE API SERVICES; (N) THE UNAVAILABILITY, INTERRUPTION, SUSPENSION, OR TERMINATION OF THE API SERVICES; (O) RATE LIMITING, CREDIT EXHAUSTION, OR USAGE RESTRICTIONS; OR (P) ANY USE OR MISUSE OF THIRD-PARTY TOOL INTEGRATIONS THROUGH THE API SERVICES. WITHOUT LIMITING THE FOREGOING, AZEROTH SHALL HAVE NO LIABILITY FOR ANY HARM, INJURY, LOSS, OR DAMAGE ARISING FROM OR RELATING TO: (Q) ANY USER'S RELIANCE ON OUTPUTS FOR MENTAL HEALTH, EMOTIONAL WELLBEING, CRISIS INTERVENTION, OR THERAPEUTIC PURPOSES; (R) ANY USER'S EMOTIONAL OR PSYCHOLOGICAL RESPONSE TO OUTPUTS, INCLUDING BUT NOT LIMITED TO DISTRESS, RELIANCE, ATTACHMENT, OR ADVERSE REACTIONS; OR (S) AZEROTH'S INABILITY TO DETECT, MONITOR, OR RESPOND TO USER EMERGENCIES, MENTAL HEALTH CRISES, OR DISCLOSURES OF SELF-HARM, AS THE SERVICES ARE NOT DESIGNED OR EQUIPPED FOR REAL-TIME MONITORING OR CRISIS RESPONSE. UNDER NO CIRCUMSTANCES SHALL AZEROTH, OR ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (S) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF AZEROTH, EVEN IF AZEROTH WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF AZEROTH AND ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING ANY OF THE FOREGOING, IF AZEROTH, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, OR THE SERVICES, AZEROTH AND SUCH PARTIES' CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY TWELVE (12) MONTH PERIOD SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO AZEROTH DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100); PROVIDED, HOWEVER, THAT IN NO EVENT SHALL AZEROTH'S TOTAL AGGREGATE LIABILITY UNDER THIS SECTION EXCEED FIVE THOUSAND U.S. DOLLARS (USD $5,000). THIS UNIFIED LIABILITY CAP APPLIES EQUALLY TO ALL USERS, INCLUDING SUBSCRIBERS AND API DEVELOPERS.
For clarity and without limiting the foregoing, to the maximum extent permitted by law, Azeroth shall have no liability whatsoever arising from or relating to any Agent created by an Agent Creator, including any Output, action, omission, advice, or information provided by such Agent. Azeroth shall have no liability whatsoever to API Developers or their End Users arising from or relating to applications built using the API Services, Outputs generated through the API Services, or any interactions between API Developers and their End Users.
The limitations and exclusions of liability in this Section apply regardless of the theory of liability, whether based in contract, tort (including negligence), strict liability, statute, or otherwise, and even if Azeroth has been advised of the possibility of such damages. The limitations apply to the fullest extent permitted by applicable law in the State of Delaware and the United States. This limitation of liability applies regardless of your country of residence or the jurisdiction from which you access the Services.
26. Links to Other Websites
For your convenience, certain hyperlinks may be provided on the System and Services that link to other websites or social media platforms which are not under the control of Azeroth (the "Linked Websites"). Azeroth does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Azeroth disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against Azeroth arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the System and Services do not imply that: (a) Azeroth is affiliated or associated with any Linked Website; (b) Azeroth is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Website is authorized to use any trademark, trade name, logo, or copyright symbol of Azeroth.
27. Links to the System
Neither you nor any other website may link to the System without the express prior written consent of Azeroth. Without the express prior written consent of Azeroth, it is expressly prohibited to: (a) "deep link" to any page of the System other than the home page; (b) "frame" the System or otherwise cause the System to appear in a window with any other material that does not constitute Content; (c) cause any hyperlink to the System to be displayed in any way that is disparaging to Azeroth or any entity that is affiliated or associated with Azeroth; or (d) otherwise imply or state that any type of relationship or special arrangements exist with Azeroth and any other entity. You agree that you will promptly remove any hyperlink to the System upon the written request of Azeroth. In no event will you use any logo or trademark of Azeroth as a hyperlink "button", or in any other manner, without Azeroth's express prior written consent.
28. Export Controls
You may not export or provide access to or access the System or the Services into any U.S. embargoed countries or to anyone on (i) the U.S. Treasury Department's list of Specially Designated Nationals, (ii) any other restricted party lists identified by the Office of Foreign Asset Control, (iii) the U.S. Department of Commerce Denied Persons List or Entity List, or (iv) any other restricted party lists. You represent and warrant that you are not such a person or entity and are not located in any such country. API Developers represent and warrant that they and their End Users comply with all applicable export control laws and regulations.
29. U.S. Government Use
The System and the Services were developed solely at private expense and are commercial computer software and commercial computer software documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements. Accordingly, U.S. Government users of the Services will have only those rights that are granted to all other end users of the System and the Services pursuant to these Terms.
30. General
These Terms of Use and any applicable promotions terms (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the System and the Services. You agree that you shall not contest the admissibility or enforceability of Azeroth's copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and Azeroth. Azeroth may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of Azeroth. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all applicable laws and regulations of the jurisdiction from which you are accessing the System and using the Services and any other jurisdiction whose laws and regulations apply to you or your actions. To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by Azeroth shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved. Neither these Terms of Use, nor any of the Services, create any partnership, joint venture, employment, or other agency relationship between Azeroth and you. You may not enter into any contract on our behalf or bind us in any way.
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Force Majeure. Azeroth shall not be liable for any failure or delay in performance of its obligations under these Terms arising from or caused by events beyond its reasonable control, including but not limited to: acts of God; natural disasters; pandemics or epidemics; war, terrorism, or civil unrest; government actions, orders, sanctions, or regulations; power failures; telecommunications or internet failures; cyberattacks or security incidents affecting third-party infrastructure; failure, unavailability, or degradation of third-party AI model providers, cloud hosting providers, or other third-party services upon which the Services depend; labor disputes; supply chain disruptions; or any other cause beyond Azeroth's reasonable control (each, a "Force Majeure Event"). During a Force Majeure Event, Azeroth's obligations shall be suspended for the duration of the event. Azeroth shall use commercially reasonable efforts to resume performance as soon as practicable but is under no obligation to procure alternative services or workarounds.
International Users and Cross-Border Use. Azeroth Inc. is incorporated and operates in the United States. The Services are designed, operated, and provided from the United States. These Terms of Use, and your relationship with Azeroth, are governed exclusively by the laws of the State of Delaware and applicable federal law of the United States, regardless of your country of residence or the location from which you access the Services.
Azeroth does not represent or guarantee that the Services comply with the laws or regulations of any jurisdiction outside the United States. Users outside the United States are solely responsible for determining whether their use of the Services is consistent with the legal requirements applicable in their jurisdiction.
If you access the Services from outside the United States, you do so at your own initiative and sole risk, and you are solely responsible for complying with all applicable local, national, and international laws and regulations in your jurisdiction. By using the Services, you acknowledge and consent to the transfer, storage, and processing of your data in the United States.
Azeroth provides a single, unified set of Terms of Use, Usage Policy, and Privacy Policy that apply equally to all users worldwide. Azeroth does not provide localized or jurisdiction-specific terms. Any translation of these Terms is provided for convenience only; in the event of any conflict between the English version and any translation, the English version shall prevail.
31. Governing Law and Disputes
31(a) Governing Law. These Terms of Use shall be governed by and construed exclusively under the laws of the State of Delaware, United States of America, without regard to conflicts of laws principles or rules. This choice of law applies regardless of your country of residence, the country from which you access the Services, or the location of any dispute.
31(b) Informal Dispute Resolution. Before filing any formal proceeding, you agree to attempt to resolve any dispute with Azeroth informally by contacting us at [email protected] with a written description of the dispute, including your name, account information, and the relief you seek ("Dispute Notice"). Both parties agree to negotiate in good faith for a period of sixty (60) days from receipt of the Dispute Notice before pursuing any formal proceeding. This informal dispute resolution process is a mandatory prerequisite to initiating any arbitration or court proceeding.
31(c) Mandatory Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Usage Policy, the Privacy Policy, or the Services — including the determination of the scope or applicability of this agreement to arbitrate — shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, for claims exceeding $250,000, its Comprehensive Arbitration Rules). The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware, United States. The language of the arbitration shall be English. Judgment on the arbitration award may be entered in any court of competent jurisdiction. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. If you reside outside the United States, you agree that arbitration shall still take place in Wilmington, Delaware, and you irrevocably waive any objection to this venue. Alternatively, at Azeroth's sole discretion, the arbitration may be conducted remotely via videoconference.
31(d) CLASS ACTION WAIVER. YOU AND AZEROTH AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTI-PARTY, OR CONSOLIDATED ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM, THEN THE ENTIRETY OF THIS ARBITRATION AGREEMENT SHALL BE NULL AND VOID WITH RESPECT TO THAT CLAIM ONLY, AND THE CLAIM SHALL PROCEED IN COURT SUBJECT TO THE REMAINING PROVISIONS OF THIS SECTION. THIS CLASS ACTION WAIVER APPLIES REGARDLESS OF YOUR COUNTRY OF RESIDENCE OR THE JURISDICTION FROM WHICH YOU ACCESS THE SERVICES.
31(e) Exceptions. Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information. Claims related to child sexual abuse material (CSAM) or mandatory statutory reporting obligations are not subject to arbitration.
31(f) Statute of Limitations. Any legal action or arbitration proceeding arising out of or relating to these Terms of Use must be commenced within one (1) year after the cause of action arises, to the fullest extent permitted by applicable law.
31(g) Batch Arbitration Protocol. If twenty-five (25) or more claimants represented by the same or coordinated counsel file demands for arbitration raising substantially similar claims against Azeroth within a 90-day period ("Mass Filing"), the following procedures shall apply: (a) the demands shall be organized into batches of no more than fifty (50) claimants per batch; (b) JAMS shall appoint a single arbitrator to resolve the first batch ("Bellwether Batch"), and the remaining batches shall be stayed pending the resolution of the Bellwether Batch; (c) filing fees and arbitration costs for stayed batches shall not be assessed or due until the batch is activated for proceedings; (d) the resolution of the Bellwether Batch shall be non-binding on remaining batches but may inform settlement discussions between the parties; (e) after the Bellwether Batch is resolved, subsequent batches shall proceed sequentially, with no more than one batch active at a time, unless the parties mutually agree otherwise; and (f) a claimant who is part of a Mass Filing may not opt out of this Batch Arbitration Protocol except by withdrawing their demand entirely.
31(h) Opt-Out. You may opt out of this arbitration agreement and class action waiver by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. The notice must include your full name, account email address, and a clear statement that you wish to opt out. If you opt out, the remaining provisions of this Section 31 will continue to apply.
32. Contact Us
Azeroth welcomes any comments or questions you may have regarding these Terms of Use, the Usage Policy, the System, and/or the Services. You may email us at [email protected].
33. DMCA Notice and Takedown Policy
Azeroth respects the intellectual property rights of others and expects users of the Services to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512, Azeroth will respond expeditiously to claims of copyright infringement committed using the Services that are reported to Azeroth's Designated Copyright Agent.
Filing a DMCA Notice. If you believe that content available on or through the Services — including content generated by Agents or applications built with the API Services — infringes your copyright, you may submit a written notification ("DMCA Notice") to our Designated Copyright Agent containing: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Azeroth to locate the material (e.g., URL, agent name, screenshot); (d) your contact information (address, telephone number, email address); (e) 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Designated Copyright Agent. Azeroth's Designated Copyright Agent for notice of claims of copyright infringement can be reached at: [email protected].
Counter-Notification. If you believe that material was removed or disabled as a result of mistake or misidentification, you may submit a written counter-notification to our Designated Copyright Agent containing: (a) your physical or electronic signature; (b) identification of the material that was removed and the location at which it appeared before removal; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court for the District of Delaware, and that you will accept service of process from the person who provided the original DMCA Notice.
Repeat Infringer Policy. Azeroth maintains a policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers of copyright. A "repeat infringer" is a user who has been the subject of more than two (2) valid DMCA Notices. Azeroth reserves the right to terminate any account, remove any Agent, or suspend API access at its sole discretion if it believes the user, agent creator, or API Developer is a repeat infringer or is otherwise infringing intellectual property rights.
Agent Creators and API Developers are solely responsible for ensuring that their agents and applications do not infringe the intellectual property rights of third parties. Azeroth reserves the right to remove or disable any Agent or suspend API access in response to a valid DMCA Notice or if Azeroth otherwise becomes aware of potential infringement.