Terms of Use


Last Updated: These Terms of Use were last updated on November 12, 2024. Please check back periodically for updates and changes.


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. 


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 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, and browsing behavior. This data is used to provide, maintain, and improve the Services. For more information on how we collect and use data, please review our Privacy Policy.


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.


Minors


The Services are only offered and available to users who are of legal age and capacity to form a binding contract with Azeroth. You represent and warrant that you are of legal age in your state of residence and capacity to form a binding contract with Azeroth.


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.


Regardless of your login method, you are responsible for any and all activity that occurs under your account. You agree to notify Company 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 Company 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.


Company 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.


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.


Free Trial Period


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.


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 Usage Policy. 


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, structure, 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.


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, non-commercial, and internal 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 Company.  


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 collectively are “Materials.”


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.


You are responsible for all Prompts you submit to our Services. 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.  Due to the nature of the Services and artificial intelligence generally, output may not be unique and other users may receive similar outputs from the Services.  The assignment above does not extend to other users’ output or any Third Party Materials. 


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:


  1. Outputs may not always be accurate and may contain material inaccuracies even if they appear accurate because of their level of detail or specificity.

  2. 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.

  3. The Services and any Outputs may not reflect correct, current, or complete information.

  4. Azeroth has no editorial control or responsibility over the Outputs.  The Services may provide incomplete, offensive or incorrect Outputs that is inconsistent with Azeroth’s views. 

  5. 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.


Use of Materials for Training


We may use Materials to provide, maintain, and improve the Services and to develop other products and services. Azeroth will not train our models on any Materials that are not publicly available, except in two circumstances:


  1. If you provide Feedback to us (through the Services or otherwise) regarding any Materials, we may use that Feedback in accordance with the terms set forth below.

  2. If your Materials are flagged for trust and safety review, we may use or analyze those Materials to improve our ability to detect and enforce Usage Policy violations, including training models for use by our trust and safety team, consistent with Azeroth’s safety mission.


However, certain of Azeroth’s third party suppliers or licensors may use the Content to train their models.


Restrictions on Outputs


In addition to the restrictions in our Usage Policy, you may not use the Services to:


  1. Automatically or programmatically extract data or Outputs.

  2. Represent that the Output was human-generated. 

  3. 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.

  4. Generate Outputs that impersonate an individual (living or dead) without explicit disclosure, in order to deceive.


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.


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; or (vii) for any use other than the purpose for which it was intended, 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, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade 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;

  • violate any applicable local, state, national or international law;

  • upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

  • 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.


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.


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, and see below for additional information about recurring charges for our subscriptions.


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.


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.


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.


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 JENOVA Service 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.


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.


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 waiver our right to seek payment directly from you should your chosen Payment Method fail. 


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.


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. 


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 GUARANTIES 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. 


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.


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.


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, or your actual or alleged fraud, intentional misconduct, gross negligence or criminal acts. 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.


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; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE SERVICES. 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 (F) 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 CALENDAR YEAR SHALL NOT EXCEED USD $100.  


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.


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 Company 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.


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.


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.


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.


Governing Law and Disputes


These Terms of Use shall be governed by and construed under the laws of the State of Delaware, without regard to conflicts of laws, principles, or rules. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in the state of Delaware for resolution of any matters related to these Terms of Use or your access to and use of the System and/or the Services. You further expressly waive any claim that venue is improper for any reason in these courts. Any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the System and/or the Services must be commenced within one year after the cause of action arises.


Contact Us


Azeroth welcomes any comments or questions you may have regarding these Terms of Use, Usage Policy, the System, and/or the Services. You may email us at contact@jenova.ai. 

Terms of Use


Last Updated: These Terms of Use were last updated on November 12, 2024. Please check back periodically for updates and changes.


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. 


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 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, and browsing behavior. This data is used to provide, maintain, and improve the Services. For more information on how we collect and use data, please review our Privacy Policy.


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.


Minors


The Services are only offered and available to users who are of legal age and capacity to form a binding contract with Azeroth. You represent and warrant that you are of legal age in your state of residence and capacity to form a binding contract with Azeroth.


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.


Regardless of your login method, you are responsible for any and all activity that occurs under your account. You agree to notify Company 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 Company 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.


Company 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.


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.


Free Trial Period


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.


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 Usage Policy. 


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, structure, 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.


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, non-commercial, and internal 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 Company.  


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 collectively are “Materials.”


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.


You are responsible for all Prompts you submit to our Services. 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.  Due to the nature of the Services and artificial intelligence generally, output may not be unique and other users may receive similar outputs from the Services.  The assignment above does not extend to other users’ output or any Third Party Materials. 


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:


  1. Outputs may not always be accurate and may contain material inaccuracies even if they appear accurate because of their level of detail or specificity.

  2. 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.

  3. The Services and any Outputs may not reflect correct, current, or complete information.

  4. Azeroth has no editorial control or responsibility over the Outputs.  The Services may provide incomplete, offensive or incorrect Outputs that is inconsistent with Azeroth’s views. 

  5. 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.


Use of Materials for Training


We may use Materials to provide, maintain, and improve the Services and to develop other products and services. Azeroth will not train our models on any Materials that are not publicly available, except in two circumstances:


  1. If you provide Feedback to us (through the Services or otherwise) regarding any Materials, we may use that Feedback in accordance with the terms set forth below.

  2. If your Materials are flagged for trust and safety review, we may use or analyze those Materials to improve our ability to detect and enforce Usage Policy violations, including training models for use by our trust and safety team, consistent with Azeroth’s safety mission.


However, certain of Azeroth’s third party suppliers or licensors may use the Content to train their models.


Restrictions on Outputs


In addition to the restrictions in our Usage Policy, you may not use the Services to:


  1. Automatically or programmatically extract data or Outputs.

  2. Represent that the Output was human-generated. 

  3. 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.

  4. Generate Outputs that impersonate an individual (living or dead) without explicit disclosure, in order to deceive.


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.


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; or (vii) for any use other than the purpose for which it was intended, 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, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade 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;

  • violate any applicable local, state, national or international law;

  • upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

  • 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.


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.


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, and see below for additional information about recurring charges for our subscriptions.


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.


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.


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.


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 JENOVA Service 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.


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.


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 waiver our right to seek payment directly from you should your chosen Payment Method fail. 


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.


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. 


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 GUARANTIES 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. 


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.


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.


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, or your actual or alleged fraud, intentional misconduct, gross negligence or criminal acts. 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.


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; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE SERVICES. 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 (F) 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 CALENDAR YEAR SHALL NOT EXCEED USD $100.  


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.


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 Company 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.


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.


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.


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.


Governing Law and Disputes


These Terms of Use shall be governed by and construed under the laws of the State of Delaware, without regard to conflicts of laws, principles, or rules. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in the state of Delaware for resolution of any matters related to these Terms of Use or your access to and use of the System and/or the Services. You further expressly waive any claim that venue is improper for any reason in these courts. Any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the System and/or the Services must be commenced within one year after the cause of action arises.


Contact Us


Azeroth welcomes any comments or questions you may have regarding these Terms of Use, Usage Policy, the System, and/or the Services. You may email us at contact@jenova.ai. 

Azeroth Inc. © 2024

Azeroth Inc. © 2024

Azeroth Inc. © 2024

Azeroth Inc. © 2024