Terms of Service

Last updated date: 7 June 2024

1. Introduction
1.1. This website (“Website”) is owned and operated by BServed Best OÜ (“Aithoughts“, “we“, “our“, or “us“). Aithoughts provides a service for a use of machine learning algorithms, writing prompts for creation and further use of digital images through our website, accessible at www.aithoughts.art (“Website”) together with any services, software, tools, features or functionality made available by Aithoughts (each, a “Service” and collectively, the “Services”).
1.2. Read carefully the following terms of service (“Terms“), together with our Privacy policy and Copyright Policy, which is integral part of the Terms, because they and any other policies linked to herein, constitute a binding agreement between you, i.e., the individual or entity, accessing or using the Website, (the “User” or “you”) and Aithoughts.
1.3. You agree to and are bound by the Terms set forth below and in any modified or additional terms that Aithoughts may publish from time to time. If you do not agree to all of the terms and conditions contained in the Terms, do not access or use this Website.
1.4. Aithoughts may change these Terms from time to time. Your continued access or use of the Website constitutes your acceptance of such changes. Your access and use of the Website will be subject to the current version of the Terms posted on the Website at the time of such use. Please regularly check the Terms link on the Website to view the then-current Terms. If you breach any of the Terms, your license to access or use this Website shall automatically terminate.
1.5. Aithoughts’s Website and Services are not directed to individuals under the age of 18. If you are under the age of 18, you do not have authorization or permission to use the Website or access Services. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

2. Website.

2.1. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose, commercial or otherwise, that is not expressly permitted by Aithoughts in writing.

2.2. We will make commercially reasonable efforts to run the Website efficiently and accessible at all times, subject to our right to discontinue, temporarily or permanently, the operation of the Website, or any part thereof, or block, remove or delete any content from the Website at our sole discretion and without prior notice.

2.3. However, the Website’s operation is dependent upon various factors such as software, hardware, and communication networks. By their nature, these factors are not fault-free.

2.4. Accordingly, Aithoughts does not warrant that the Website will operate in an uninterrupted or error-free manner, or that it will always be available, free from all harmful components, or that at all times it will completely safe, and secured from unauthorized access to our computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to, hardware failures, software failures, and software communication failures, originating either in us or any other service provider. Such incidents and activities will not be considered a breach of the Terms.

2.5. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. MIDGALLERY PROVIDES THIS WEBSITE ON AN “AS IS” BASIS. AITHOUGHTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE SERVICES AND/OR THE PRODUCTS INCLUDING BUT NOT LIMITED TO DIGITAL IMAGES OFFERED ON THIS WEBSITE. AITHOUGHTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SERVICES AND/OR DIGITAL IMAGES SOLD ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL AITHOUGHTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES. WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE FROM THIRD PARTIES NOT ASSOCIATED WITH AITHOUGHTS.

2.6. You acknowledge and agree that Aithoughts may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Aithoughts, its users and the public.

2.7. You understand and agree that the technical processing and operation of the Website, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices. You agree that you are responsible for actions and communications undertaken under your account. Aithoughts takes no responsibility and assumes no liability for any content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Aithoughts and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, content or materials on the Website. You agree to indemnify Aithoughts and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of these Terms. You agree that you will use this Website and any Services and/or Digital Images, ordered on this Website in accordance with all applicable laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

2.8. In order to improve the Services, we may from time to time change the Website’s structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any prior notice.

2.9. Changes of this character by their very nature are likely to result in glitches or cause inconvenience. We will not be held responsible for any outcome of these changes, and failures resulting from them.

2.10. The Website contains links to other websites and content provided by third parties. We do not operate or monitor these websites and content. You may find them, or the information and content posted therein, not compatible with your requirements, objectionable, annoying, improper, unlawful or immoral.

2.11. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality.

2.12. We assume no responsibility for such third-party websites or content, or their availability or any transactions made between You and such third-party websites.

2.13. Accordingly, we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any third-party websites or content.

3. Services and Digital Images license.
3.1. Aithoughts provides a service for a use of machine learning algorithms, writing prompts for creation and further use of Digital Images. All Digital Images are created by machine learning algorithms, selected by us. Digital Images use is made available under license granted to the Aithoughts by it’s Licensor to the extent possible under current law. This excludes upscaling the images of others, which images remain owned by the original asset creators.
3.2. We hereby grant You a non-exclusive, non-transferable right to use, modify unless as expressly prohibited herein and reproduce Digital Images worldwide, in perpetuity, es expressly permitted by the applicable license.
3.3. We have every effort to display as accurately as possible the colors and images of Digital Images that appear on the Website. However, because individual computer monitors may display colors differently, Aithoughts is not responsible for the color and/or image accuracy of any Digital Image displayed on the Website, and disclaims all liability in this regard.
3.4. In order to get Aithoughts Services on the Website, you need to sign-in on our Website, by creating an account (“Account”) by completing our registration process.

4. Account.

4.1. Subject to our Privacy Policy, if you create an account on our Website, you agree to –
4.1.1. receive communication from us, including via email messages, about paid Services and your account. This includes email messages from us about Your experience with our service and features you can use, which you can opt-out at any given time;
4.1.2. fully and accurately provide the information requested by us when setting up your account and to promptly update such information, where needed;
4.1.3. cooperate with us, including by providing us with relevant information we may request to provide you with the Services; and,
4.1.4. grant us a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license, permission and consent to use the Services, Your name and likeness, and any associated rights, including intellectual property rights, the right of publicity and the right to privacy, for our internal and marketing purposes, and that You have all the rights necessary to grant us such license.
4.2. For the sake of clarity, you are solely responsible for the accuracy, appropriateness and lawfulness of all information and content of Services which are related to you or your activities.

5. Fees and Taxes.

5.1. Certain Aithoughts Services, such as purchase of Digital Images, may be subject to payment of fees as determined by Aithoughts in its sole discretion and notified in relation to such Services (“Fee(s)”). If you wish to use these certain paid Services or purchase a Digital Image, you are required to pay all applicable and respective Fees in advance. If you purchase any Services or Digital Images that we offer for a Fee, you agree to Aithoughts or our third party service providers, storing and updating your payment card information. You expressly agree (i) that we are authorized to charge you (A) the stated Fee, (B) any other Fees for Services you may purchase, and any applicable taxes, i.e., state fees, value-added tax (VAT) and any applicable fees, costs, expenses and taxes in connection with your use of the Services to the payment card you provide and (ii) to reimburse us for all collection costs and interest for any overdue amounts.
5.2. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per entity or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same customer details. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or phone number provided at the time of your account registration or at the time your order was made.
5.3. You understand that additional services or products that may be introduced in the future may be subject to additional fees. You further acknowledge and approve that Aithoughts reserves the right to change or modify its Fees at any time, at its sole discretion, and such changes or modifications shall be posted online at this Website and effective immediately without need for further notice to you.

6. Payments and Currencies.
6.1. We accept payments in US Dollars and Euros by credit card (e.g., Visa, Mastercard etc.). We accept payments by credit card, debit card, or wire transfer. We may change our used currencies list at any given time.
6.2. Note that the Fee may change based on different currencies, and not necessarily in line with the then-current currency exchange rates. We reserve the right to change the internal exchange rate as and when we deem needed.
6.3.Your credit card or debit information is secure. All information included with your order is encrypted for privacy while in transit.
6.4. If you wish to purchase a paid Service or Digital Image, or any other product or service via the Services, you may be asked by us or our designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, VAT ID, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.
6.5. From time to time, we may offer discount vouchers for sale or free of charge. The discount vouchers allow you to purchase some of our Services at a discount. Note that all discount vouchers are non-refundable and have expiration dates.

7. Refunds and Chargebacks.
7.1. If you have reason to believe that you were charged in error, You may provide a written notice to our Customer Support and request to cancel your Fee. When eligible, Fee cancellation can be performed by Customer Support only up to a period of 90 days from the Fee payment date, and only if the Digital Images associated with the Fee have not been downloaded or used outside of the Website (“Refund Period”). In the event that we determine that You are entitled to a refund of all or part of the payments you made, e.g., top-up of your account without paid Services used or Digital Images purchased or there is a still remaining balance on your account is available, we will refund you in full or in part. Such refund shall be made using the payment method originally used by you. Eligibility to cancel a Fee will be assessed by our Customer Support team based on a number of factors, including, without limitation, violations to our Terms and improper usage of the Aithoughts Services.
7.2. If you reside in a jurisdiction that requires different Refund Period, you need to inform us, and we will accommodate such applicable legal requirements.
7.3. Note that a Refund amount may be different than the Fees, due to currency changes and service providers’ fees. For the sake of clarity, we will not be responsible for such differences.
7.4. At our sole discretion and as an act of goodwill, we may credit your account even if we believe that you do not have the right for a refund under the terms.
7.5. If you have any questions or concerns regarding a fee payment collection or attempt made by Aithoughts, we encourage you to first contact our Customer Support team before filing a Chargeback.
7.6. If you reject the charge of the payable Fees (“Chargeback”), the action shall be considered a breach of your fee payment obligations, and Your use of our Services may be automatically suspended and/or terminated. If, at any given time, we record a decline, chargeback or other rejection of a charge of any Fee, your account, along with paid Services, may be blocked, cancelled and/or disabled.
7.7. We reserve our right to dispute any Chargeback received, and to provide the relevant credit company, financial institution or bank with any information proving that you are responsible for the applicable Fees and did authorize the transaction to Aithoughts.

8. Intellectual Property, Trademarks and Third-Party Rights.
8.1. Subject to your compliance with these Terms and all applicable laws, statutes, regulations and ordinances Aithoughts remains the sole owner of all right, title, and interest in the Website and reserves all rights not expressly granted under these Terms. Aithoughts may modify, replace, or discontinue the Website or any part thereof at any time, for any reason, with or without notice, in Aithoughts’s sole discretion. Aithoughts provides the Website on an “as is” and “as available” basis.
8.2. All content on this Website (collectively the “Aithoughts Content”), as well as the selection and arrangement of the Aithoughts Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Aithoughts Content violates such laws and these Terms. Except as expressly provided herein, Aithoughts does not grant any express or implied permission to use the Website or any Aithoughts Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Website or any Aithoughts Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Website or Aithoughts Content.
8.3. You shall abide by all copyright notices, trademark rules, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sub-license, rent, lend, assign, gift, sell or otherwise transfer or distribute for any purposes whatsoever any portion of the Aithoughts Content not owned by you: (i) without the express prior written consent of the respective owners or (ii) in any way that violates any third party right.
8.4. Prior to creating and using any Digital Image, Aithoughts encourages you to perform due diligence to determine that the use of the Digital Image is free of any adverse claims and is not subject to any third-party rights. All use of these Digital Images is AT YOUR OWN RISK.
8.5. You acknowledge that some Digital Images might have been licensed from a third-party provider. Under no circumstances will Aithoughts be liable in any way for any Digital Image, including, but not limited to, for any loss or damage of any kind incurred as a result of the use of any materials or any part thereof. You acknowledge that neither Aithoughts or its third-party content provider has any duty to pre-screen Digital Images., but that Aithoughts, its third-party content provider and their respective designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Digital Image, that is available via Aithoughts. Without limiting the foregoing, Aithoughts, its third-party content provider and their respective designees will have the right to remove any Digital Images and/or Website content that violates these Terms or is deemed by Aithoughts, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Digital Images, including, without limitation, the existence of any third-party rights that may exist in such resources.
8.6. Aithoughts respects copyright law and expects its users to do the same. It is Aithoughts’s policy to terminate in appropriate circumstances of Accounts of customers who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Aithoughts’s Copyright Policy available on the Website for further information.

9. Your rights and Responsibilities.
9.1. We respect your rights. If you believe that your rights are abused on our Website or Services, you may contact our Customer Support. We may ask You to provide us with additional information to process your complaint.
9.2. You accept sole responsibility for all of your activities using our Website, including content you submit or share via Aithoughts. You will not use our Services for any illegal purpose. You are responsible for ensuring you do not violate the laws of your jurisdiction, including but not limited to copyright, IP, trademark, design patent and related laws. Aithoughts may determine in its sole discretion whether or not an Account is in violation of any of its policies. Violation of any of these policies may result in Account information tracking with such information being stored to identify the offending user. Offending User may be permanently restricted from holding an account or using the Services. If Aithoughts reasonably determines that your Account is being used for illegal or fraudulent activity, then your Account may be immediately terminated. We may also report you to law enforcement officials in the appropriate jurisdictions.
9.3. You will not access the Services through automated means or use the Services if you are located in a country sanctioned by the UN, EU and/or U.S., or are on the UN, EU and/or U.S. Treasury Department’s list of Specially Designated Nationals.
9.4. The Services are controlled and operated by Aithoughts from the Republic of Estonia. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to the Republic of Estonia export controls in connection with your use of the Services and are responsible for any violation of such controls, including without limitation, any Republic of Estonia embargoes or other rules and regulations restricting exports. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
9.5. You will not imply or claim that you are affiliated with or endorsed by Aithoughts without our express written permission.

10. Unacceptable Use.
10.1 You may not access or use the Website or Services –

10.1.1.1. for or in connection with any activity that constitutes or encourages conduct that would –

10.1.1.2. constitute a criminal offense;
10.1.1.3. violate any applicable local, state, national, foreign law or industry standard, including, without limitation, any applicable laws and regulations governing intellectual property, privacy, defamation, fraud, mass email, spam, harassment, obscenity, hate-speech, export control, consumer protection, unfair competition and false advertising or any other deceptive practices; or,
10.1.1.4. provide us with content that may create materials that: (i) are pornographic, sexually explicit or violent; (ii) reasonably likely to cause harm or could be reasonably considered as slanderous or libellous; (iii) are defamatory of any person, obscene, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iv) infringe any copyright, design right, database right or trademark of any other person; (v) are likely to deceive any person, breach any legal duty owed to a third party, or promote any illegal activity.
10.1.2. to upload, post, email, transmit, record, provide a recording or otherwise make available any information and materials that infringe a third party’s right, especially privacy, publicity, and intellectual property rights; software viruses, trojan horses, worms and any other malicious application to computers and networks; and,
10.1.3. to develop or create a similar or competitive product or service to the Website.
10.2. In addition, you may not use the Website for any commercial or business purpose that is not expressly permitted by the Terms, including, but not limited to, providing the Website or Services to third parties by reselling, licensing, renting, leasing, transferring, lending, timesharing, assigning, mirroring, redistributing or displaying the Website, Services or any part thereof, without our prior written and explicit permission. Without limiting the aforesaid, you may not –

10.2.1. modify any material or content that we make available on the Website, except as expressly permitted under the Terms;

10.2.2. engage in or attempt to engage in any form of testing, scanning, crawling, scraping, probing, robotic navigating, bulk extracting or hacking the Website;
10.2.3. interfere with, burden or disrupt the functionality of the Website;
10.2.4. circumvent, impair or manipulate the operation of the Website;
10.2.5. work around or circumvent any technical limitations in the Website or use any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Website;
10.2.6. embed, frame or otherwise link directly to the Website, from any other webpage, application or other resources, without our prior written permission;
10.2.7. engage in any false, misleading or deceptive acts or practices involving the Website or our identity, agency or affiliation with any person or entity; and,
10.2.8. breach the security of the Website, or any network or server used by the Website.
10.3. To the maximum extent permitted by law, we may at any time, at our sole discretion and without prior notice, delete or modify any material from our Website and servers, in whole or in part.

11. Termination.

11.1. We can suspend, disable or terminate Your rights to use the Website or Services, at any time, at our sole discretion and without prior notice, if we believe that you have breached the Terms.

11.2. You understand and agree that any termination of your account may involve the deletion of your account along with all related information.

11.3. In the event we terminate your account for your breach of these Terms, you will remain liable for any amounts due hereunder.

11.4. You may cancel your account at any given time by contacting our Customer Support at [email protected]

12. DISCLAIMER OF WARRANTY.

12.1. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, SERVICES AND DIGITAL IMAGE(S) ARE PROVIDED FOR USE “AS IS”, WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR BEING UP TO DATE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AITHOUGHTS MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, DIGITAL IMAGE(S), AITHOUGHTS CONTENT OR THIRD-PARTY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, ERROR-FREE BASIS. AITHOUGHTS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY DIGITAL IMAGE(S), SERVICES OR CONTENT OR PRODUCTS PURCHASED OR OBTAINED THOUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES.
12.2. ANY USE OF THE WEBSITE, SERVICES AND DIGITAL IMAGE(S) ARE AT YOUR SOLE RISK.
12.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES CONCERNING THE WEBSITE, SERVICES AND DIGITAL IMAGE(S), THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE WEBSITE, SERVICES, DIGITAL IMAGE(S) OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
12.4. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE WEBSITE, SERVICES AND DIGITAL IMAGE(S) WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THE TERMS, WILL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF US WHATSOEVER. NO ADVICE OR INFROMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AITHOUGHTS OR THROUGH THE WEBSITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UNPON ANY OPINION, ADVICE, OR INFORMATION CONTAINTED IN THE SERVICES.

13. LIMITATION OF LIABILITY.
13.1. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, AITHOUGHTS CONTENT REMAINS WITH YOU. WE, AND OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS, OR ANYONE ACTING ON OUR BEHALF, WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON CONCERNING THE WEBSITE’S, SERVICES’, CONSULTING’ OR DIGITAL IMAGE(S)’ PROPERTIES, ABILITIES, LIMITATIONS, FITNESS TO YOUR NEEDS, OR CONCERNING ANY CONTENT AVAILABLE ON OR UNAVAILABLE THROUGH THE WEBSITE, SERVICES OR DIGITAL IMAGE(S).
13.2. WE, AND OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON OUR BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES, AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OR MATERIAL ORIGINATING FROM THIRD PARTIES, OR ANY COMMUNICATION WITH US OR WITH OTHER USERS IN CONNECTION WITH THE WEBSITE – WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS.
13.3. WE, AND OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON OUR BEHALF, WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN. WE SHALL NOT BE HELD ACCOUNTABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, NOR FOR ANY BUGS, VIRUSES OR TROJAN HORSES THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, NOR FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT NOR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13.4. WE WILL NOT BE IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
13.5. WE DO NOT MAKE ANY REPRESENTATIONS THAT OUR WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE OUR WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAW.

14. INDEMNIFICATION.

14.1. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON OUR BEHALF FROM AND AGAINST ANY CLAIMS, DEMANDS, DAMAGES, LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT), PAYMENTS OR EXPENSES, INCLUDING LEGAL AND ACCOUNTING EXPENSES AND ATTORNEY FEES, THAT WE INCUR IN CONNECTION WITH YOUR BREACH OF THE TERMS OR ANY UNLAWFUL OR TORTUOUS ACTION OR INACTION BY YOU OR ANYONE ON YOUR BEHALF CONCERNING THE WEBSITE, SERVICES, CONSULTING, DESIGN RESOURCES OR END PRODUCTS.

15. Amendments and Additions.
15.1. We may amend the Terms to meet technical, operational and legal requirements. We will post a notice about amendments made to the Terms on the Website or via email (the “Notice“).
15.2. Unless required otherwise to comply with applicable laws, rules, regulations, and agreements, all minor changes (which have minor, if any, consequences) will take effect 14 days after we post or send the Notice, and substantial changes will be effective 30 days after post or send the Notice.
15.3. Note that we may modify, enhance or improve the Website and Services, and may accordingly offer additional tools and features. Such additional tools and features may be governed by additional or different terms, as provided by us, where applicable.

16. Applicable Law and Jurisdiction.
16.1. Any formation or interpretation of this Agreement and any disputes arising from it will be governed by the laws of the Republic of Estonia. The competent courts in the Republic of Estonia will have sole and exclusive jurisdiction concerning the Terms and any claim, cause of action or dispute arising out of or related thereto. You hereby agree to the exclusive jurisdiction of the above-mentioned courts, agree to accept service of process by any means permitted by the applicable law and waive any jurisdictional, conflict of law or venue defences otherwise available to you.
16.2. To the fullest extent permitted by applicable law, no arbitration or other claim under these Terms will be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the Services, and no class, collective, and/or representative arbitration proceedings will be permitted.

17. Headings.

17.1. The section titles in the Terms are used solely for the convenience of you and Aithoughts and have no legal or contractual significance.

18. Entire Agreement.

18.1. The Terms, which also include our Privacy Policy, constitute the entire agreement between you and Aithoughts.
18.2. The Terms supersede any agreements, negotiations, and understandings, whether written or oral, and no waiver, concession, extension, representation, alteration, addition or derogation from the Terms will be effective unless expressly stated otherwise by us in writing.

19. Assignment.

19.1. We may assign or transfer our rights or obligations under the Terms to any third party, provided, however, that your rights under the Terms are not compromised by such assignment or transfer.

19.2. You may NOT assign or transfer your rights or obligations under the Terms without our prior written consent. Any attempted or actual assignment or transfer by you will be null and void, unless expressly stated otherwise by us in writing.

20. Severability.

20.1. If any provision of the Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of the Terms will remain in full force and effect, to the maximum extent.

21. Customer Support.
21.1. For any questions regarding these Terms, feel free to contact our Customer Support at [email protected].