Terms of Service
Where the Customer places an Order for Services from AI-Media, these Terms of Service supplement and are incorporated into:
- the Global Terms, or
- the Master Agreement (where AI-Media and the Customer have entered into a Master Agreement).
Any capitalized terms that are not defined in these terms are defined in the Global Terms or the Master Agreement (as applicable).
2. ACCESS AND USE OF OUR SERVICE
2.1 Our Services
a) AI-Media offers a range of premium video accessibility services, integrations and automated workflows, and tools and features that help make video accessibility AI-Media provides Services for both live and pre-recorded media, including synthetic voice translation, transcription, captioning (with both automatic captioning and premium human captioning offerings), audio description and notetaking services, as well as other related services as described on AI-Media and its Affiliates’ websites from time to time.
b) Services are delivered via AI-Media and its Affiliates’ various Platforms, as may be updated from time to time, including:
- the “AI-Live” platform (that the Customer can access through ai-live.com) is a captioning delivery solution that allows users to view captions in real-time on any webenabled device;
- through the “AI-Media platform” (that a Customer can access via its account on ai media.tv, eegent.com or eegcloud.tv, as applicable) AI-Media provides live captioning for live events and broadcasts on most major platforms (e.g. Facebook, YouTube, Zoom, Vimeo and Twitch), as well as for the broadcast industry (with the power of EEG technologies). This Platform also provides access to AI-Media’s other accessibility and related services, including voice translation, closed captioning, transcription, note-taking and audio description services.
2.2 Eligibility
a) Customers must be 13 years old or older to use or access the Any use or access to the Service by anyone under 13 years old is strictly prohibited and in violation of the Global Terms or the Master Agreement (as applicable).
b) If a Customer is between the age of 13 and 18 years old and wishes to use the Service, the Customer must submit to AI-Media in writing consent to do so by a parent or guardian and AI-Media must approve that Customer’s use of the Service in writing.
c) Persons (where person is defined a natural person, legal entity, or governmental body or authority, hereinafter referred to as “person”) between the age of 13 and 18 years old must use the Service under the direct supervision of a parent or guardian who is over the age of 18 years and who agrees to be bound by this Agreement.
d) The Service may not be available to any person previously removed from the Service by AI-Media.
e) By using the Service, the Customer represents and warrants that it has the full right, power and authority to enter into the Global Terms or, where applicable, the Master Agreement and to fully perform all of its obligations hereunder. The Customer further represents and warrants that it is under no legal disability or contractual restriction that prevents it from entering into the Global Terms of the Master Agreement.
2.3 CUSTOMER ACCOUNTS
a) In order to use or access the Service, each Customer will need to establish an AI-Media account on the applicable Platform (via the sign-up or registration functionality provided on the relevant Platform, e.g., ai-live.com, eegcloud.tv or eegent.com/falcon, or by providing the relevant information requested by AI-Media, depending on which of the Services the Customer requires). An AI-Media account gives the Customer access to the features and functionality of the relevant Service that AI-Media may establish and maintain from time to time and in AI-Media’s sole discretion. Until the Customer opens an account, its access to the websites will be limited to the areas that AI-Media makes available to the general public.
b) AI-Media may maintain different types of accounts for different types of customers and Authorized Users.
c) If a person opens an account on the Platforms on behalf of a company, organization, or other entity (including where the domain of the primary email address associated with the account is owned by an organization and was assigned to the person as an employee, contractor, or agent of that organization), then (a) “the Customer” includes the person and that entity, and (b) the Customer represents and warrants that it is an authorized representative of the entity with the authority to bind the entity to this Agreement, and that the Customer agrees to the Global Terms or, where applicable, the Master Agreement on the entity’s behalf.
d) If a third party such as an employer provided a person’s account or directed or authorized the creation of a person’s account, that third party has rights to the person’s account and may: manage the account, reset the password, or suspend or cancel the account; view the account’s usage and profile data, including how and when the account is used; and view information in the account.
e) To the extent that the Customer connects to the Platforms via a third-party service (for example through Facebook), the Customer gives AI-Media and its Affiliates permission to access and use the Customer’s information from that service as permitted by that service, and to store the Customer’s log-in credentials and information for that service. The Customer must only use third party service accounts owned by them, and not by any other person or entity.
f) The Customer may never use another customer or Authorized User’s account without permission.
g) When creating an account, the Customer must provide accurate, current and complete information, and maintain and promptly update that information to keep it true, accurate, current and complete at all times.
h) The Customer is solely responsible for the activity that occurs on the Customer’s account and must keep its account password secure. AI-Media encourages customers to use strong passwords (for example, passwords that use a combination of upper and lower case letters, numbers and symbols) with their accounts.
i) The Customer may not allow any other person to access or use the Service with the Customer’s unique username, password, or other security code. The Customer must notify AI-Media immediately of any breach of security or unauthorized use of its AI-Media will not be liable for any losses caused by any unauthorized use of the Customer’s account.
j) AI-Media reserves the right to terminate accounts that are inactive for an extended period of time, as AI-Media reasonably determines, with or without notice.
k) AI-Media may permanently or temporarily terminate or suspend the Customer’s access to the Service without notice and liability for any reason, including without limitation if in AI-Media’s sole determination the Customer violates any provision of the Global Terms or, where AI-Media and the Customer have entered into a Master Agreement, the Master Agreement, or for no reason.
l) If the Customer’s account is terminated for any reason, the Customer must obtain written authorization from AI-Media prior to establishing another account. If the Customer attempts to establish another account without obtaining such authorization, AI-Media may permanently ban the Customer from the Service.
m) A person may not have more than one active user account at any time without the written consent of AI-Media in each instance.
n) The Customer is solely responsible for its interactions with other AI-Media customers and third parties on the AI-Media reserves the right, but has no obligation, to monitor disputes between the Customer and other customers or third-parties. AI-Media will not have any liability for the Customer’s interactions with other customers or third parties, or for any Customer action or inaction.
2.4 PROHIBITIONS
a) The Customer must not engage in copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”.
b) The Customer must not engage in using any automated system, including without limitation “robots,” “spiders,” “offline readers,” to access the Service.
c) The Customer must not engage in transmitting spam, chain letters, or other unsolicited email.
d) The Customer must not engage in attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.
e) The Customer must not engage in taking any action that imposes, or may impose at AI-Media’s sole discretion, an unreasonable or disproportionately large load on AI-Media’s infrastructure.
f) The Customer must not engage in uploading invalid data, viruses, worms, trojans or other malicious software through the Service.
g) The Customer must not engage in collecting or harvesting any personally identifiable information, including without limitation account names, email addresses, from the Service.
h) The Customer must not engage in accessing without authority, interfering with, damaging or disrupting (i) any part of the Platforms (ii) any equipment or network on which the Platforms are hosted (iii) any software used in the provision of the Platforms or (iv) any equipment or network or software owned or used by any third party in connection with the Service.
i) The Customer must not engage in using the Service for any commercial solicitation purposes.
j) The Customer must not engage in impersonating another person or otherwise misrepresenting the Customer’s affiliation with a person or entity, conducting fraud, hiding or attempting to hide the Customer’s identity.
k) The Customer must not engage in interfering with the proper working of the Service.
l) The Customer must not engage in accessing any content on the Service through any technology or means other than those provided or authorized by the Service.
m) The Customer must not engage in bypassing the measures AI-Media may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
n) The Customer must not engage in using the Service to support, incite or promote discrimination, hostility or violence.
o) The Customer must not engage in using any AI-Media or AI-Media Affiliate trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data.
p) The Customer must not engage in adopting or using, without AI-Media’s prior written consent, any word or mark which is similar to or likely to be confused with AI-Media or AI-Media Affiliate trademarks.
q) The Customer must not engage in copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of AI-Media.
r) The Customer must not engage in framing or hotlinking to the Service or any content other than the Customer’s own without the prior written consent of AI-Media.
s) The Customer must not engage in making derivate works based on the Platforms or Services.
t) The Customer must not engage in removing or altering any copyright, trade mark, logo or other proprietary notice or label appearing on the Platforms, or materials provided on the Platforms.
u) The Customer must not engage in using the Service for any unlawful, fraudulent or criminal purpose.
v) The Customer must not engage in using the Service to cause nuisance, annoyance or inconvenience, in any manner whatsoever.
w) The Customer must not engage in using the Service which in any respect (i) may be obscene, indecent, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political (ii) may infringe or breach the copyright or any Intellectual Property Rights (as defined below) or privacy or other rights of AI-Media, its Affiliates, or any third party or (iii) is contrary to any specific rule or requirement that AI-Media stipulates on the Platform in relation to a particular part of the Platform or the Platform generally.
x) The Customer must not copy, modify, adapt, duplicate, encrypt, tamper, reverse engineer or extract any source code of, any part of the Service, without AI-Media’s prior written consent.
2.5 GENERAL OBLIGATIONS OF USE
a) The Customer must not display, distribute, license, lease, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload, for any commercial purpose, any portion of the Service or Our Content (defined below).
b) The Customer’s use of the Service is on a non-exclusive basis in respect of the operation and functionality of the system, and only for so long as AI-Media is willing to provide the Service.
c) To use the Service the Customer will require internet AI-Media will not have any responsibility or liability for any data or other costs the Customer may incur (for example mobile data costs and internet connection fees).
d) The Customer agrees to comply with all applicable local rules and laws regarding its use of the Service, including without limitation as they concern online conduct and acceptable content.
e) The Customer must not assign or transfer its account, or its rights and obligations under this Agreement, to any other person.
f) The Customer must use reasonable efforts to communicate the terms of the Global Terms or, where AI-Media and the Customer have entered into a Master Agreement, the Master Agreement to anyone who may or will come into contact with or use the Service through the Customer’s account, including, without limitation, any employees, contractors, agents or customers. The Customer will ensure such parties’ compliance with this Agreement and will be responsible and liable to AI-Media for any act or omission by any such party to the same extent that the Customer would have been liable to AI-Media had the Customer committed such act or omission.
g) The Customer is solely responsible for the User Content, including its selection, classification, accuracy, completeness and quality, as well as any exposure of Authorized Users or other persons to harmful, offensive or distressing materials through the User Content.
2.6 AVAILABILITY
a) AI-Media reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof, including but not limited to features or functionality) with or without notice.
b) Access to the Service may be suspended or withdrawn to or from the Customer personally or all users temporarily or permanently at any time and without AI-Media may also impose restrictions on the length and manner of usage of any part of the Service for any reason. If AI-Media imposes restrictions on the Customer personally, the Customer must not attempt to use the Service under any other name or user.
c) The Customer agrees that AI-Media will not be liable to the Customer or to any third party for any modification, suspension or discontinuance of the Service.
1.7 STORAGE
AI-Media may, with or without prior notice, set or change the maximum period of time that documents, data or content will be retained by the Service and the maximum storage space that will be allotted on AI-Media’s servers or systems on the Customer’s behalf. The Customer understands and agrees that AI-Media has no responsibility or liability for the deletion or failure to store any documents, data or other content maintained or uploaded by the Service.
3.1 Ordering and Delivery
a) The Customer may place an order for particular Services through the Platforms, by logging into the Customer’s registered account.
b) When placing an order for Services through our Platform, the Customer acknowledges and agree that (i) AI-Media allows the Customer to select a delivery time for certain Services, and if AI-Media fails to deliver any part of the order within that selected time, then AI-Media may elect to provide the Customer a credit and if AI-Media does, this is the Customer’s only remedy for AI-Media’s failure to deliver within the time-frame and (ii) otherwise, AI-Media will fulfill the Customer’s order for Services as soon as is reasonably practicable, but time is not of the essence.
c) The parties acknowledge and agree to the ordering and cancellation rules set out in in the Customer Session Rules and Guidelines.
3.1 Fees
a) The Services are offered at the prices and fees set forth on the Platforms (and customer portals accessible through the Platforms) or as otherwise notified by us to the Customer, and as those prices and fees are amended by AI-Media from time to time. By requesting Services the Customer agrees to pay the applicable prices and fees for those Services.
b) The prices and fees are exclusive of any applicable taxes.
c) The Customer will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions in connection with the Services.
d) AI-Media reserves the right to change its prices and fees at any time. AI-Media may provide notice of the change on our Platforms (by simply updating the price) or in email to the Customer. The Customer’s continued use of the Service after any price or fee change constitutes the Customer’s acceptance of the change and agreement to pay the changed amount. If the Customer does not agree with the price or fee change, the Customer can elect to terminate its account and cease using the Service.
3.1 Payment Terms and Payment Method
a) The Customer may pay the Fees for its Order by a valid credit card, or by any other method that AI-Media determines from time to time.
b) AI-Media accepts payment by Visa, Mastercard and American Express, but AI-Media may change the cards that it accepts from time to time.
c) AI-Media uses Braintree, a division of PayPal, (Braintree) for payment processing. AI-Media does not store the Customer’s credit card details. To the extent that the Customer selects the option of “saving/remembering credit card details” on the Platform, Braintree stores the credit card details, and the Platform will retrieve those details via a token.
d) To the extent that AI-Media permits the Customer to pay through PayPal or another third party payment processing service, the Customer acknowledges and agrees that the Customer is subject to the terms and conditions of use of PayPal or the applicable payment processor. Please review these terms and conditions before using the payment method to pay for AI-Media’s Service.
e) All information that the Customer provides in connection with a purchase or transaction with the Service must be accurate, complete and current. AI-Media will not be responsible for any loss suffered by the Customer as a result of incorrect or incomplete information provided by the Customer.
f) The Customer agrees to pay all charges incurred by users of its credit card, debit card, or other payment method AI-Media makes available in connection with a purchase or transaction or other monetary transaction interaction with the Service.
g) Unless otherwise agreed by AI-Media, AI-Media requires up-front payment for all Services that the Customer Orders at the time of ordering. AI-Media may choose to agree to provide credit terms to the Customer, in which case AI-Media will send the Customer an invoice and full payment of the invoice must be received by AI-Media within thirty (30) days after the date of the invoice.
h) If payment for an invoice is not received by the due date, then without prejudice to any other rights, AI-Media may suspend the Services to the Customer, and charge the Customer interest at the rate of 10% per annum on all overdue amounts owed by the Customer, calculated daily, until the relevant amount (and accrued interest) is AI-Media may also charge the Customer for all expenses AI-Media incurs in collection of any outstanding amount.
i) If the Customer disputes any charges in an invoice, the Customer must notify AI-Media within 14 days after the invoice date.
j) All fees and charges to be paid by the Customer in respect of the Services must be paid in the currency invoiced by AI-Media or as otherwise stipulated by AI-Media.
3.1 Rejection and Cancellation by AI-Media
a) In addition to any of AI-Media rights in the Customer Session Rules and Guidelines, notwithstanding that an Order for Services has been placed by the Customer with AI-Media, AI-Media may in its absolute discretion reject an Order (or any part thereof) where: (i) the Customer has breached any provision of the Global Terms or, where AI-Media and the Customer have entered into a Master Agreement, the Master Agreement (including the prohibitions on User Content in clause 4.2(d)); or (ii) (without limiting subclause (i)) AI-Media has not received payment for Services previously provided to the Customer; or (iii) (without limiting subclause (i)) the Customer has uploaded video or audio files that AIMedia determines has poor audio quality (in contravention of the Customer’s obligations set out in the Customer Session Rules and Guidelines); or (iv) in the event of a Force Majeure
b) To the extent that AI-Media rejects an Order (or part thereof) under clauses 4(a)(ii), 2.4(a)(iii), or 2.4(a)(iv), and the Customer has paid for the Order in advance, AI-Media will reimburse the Customer the Fees paid and received by AI-Media, for that part of the Order that AI-Media has not completed. Otherwise, Fees paid in advance will not be reimbursed.
3.1 Promotional Offers and Credits
a) AI-Media may offer promotions from time to time, on such terms AI-Media determines.
b) From time to time, AI-Media may offer promotional credits to the Customer, in connection with a promotion. Recipients of promotional credits will see their balance as non-refundable credit in their Account Settings. Credits expire one year after the date they were applied to the Customer’s account, or the date specified in the promotional offer, whichever is the earlier, unless that date is extended in accordance with these AI-Media does not impose any fee on the Customer’s use or maintenance of the promotional balance. The Customer’s promotional balance is an offer of a discount off purchases, and does not have monetary value until it is used under the terms of the offer. It cannot be transferred to other users or withdrawn for cash, is not reloadable, and has no cash value. Upon making a purchase on the Platform, any unused promotional balance will be applied to the Customer’s purchase. The Customer may continue to use its promotional balance for purchases until such balance is $0, or any remaining promotional balance expires, in accordance with these terms.
4. INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT
4.1 Our Content and License
a) All Intellectual Property Rights: (i) in the “AI-Media”, “Ai-Live”, “EEG” and “Lexi” names and logos; (ii) the Platforms; (iii) software in the Platforms; (iv) all data and materials on and used to provide the Platform and Service (excluding the User Content), together with the selection, organization, coordination, compilation, and overall look and feel of the Platform and Service; and (v) any client-side software (if any) made available by AI-Media that is necessary to use and receive the Services (collectively “Our Content”) is owned by AI-Media or our Affiliates, or licensed by AI-Media.
b) Other than the licenses granted in clause 1(c) and 4.1(d) of the Global Terms or, where AI-Media and the Customer have entered into a Master Agreement, the Master Agreement, the Customer is not granted any rights, title or interest in Our Content, or any Intellectual Property Rights in respect of the Service.
c) For the duration of the Term, the Customer is hereby granted a limited, royalty-free, non exclusive, non-transferable, revocable license (as governed by the Global Terms or, where AI-Media and the Customer have entered into a Master Agreement, the Master Agreement) to access and use the Platforms, and any software in the Platforms, for the Customer’s personal and internal business purposes, for the sole purpose of ordering and obtaining Services from AI-Media. AI-Media may terminate or suspend this license at any time, for any reason, with or without notice.
d) The Customer is hereby also granted a limited, worldwide, non-exclusive, non-transferable, revocable licence (as governed by the Global Terms or, where AI-Media and the Customer have entered into a Master Agreement, the Master Agreement) to download, install and use any client-side software (if any) made available by AI-Media that is necessary to use and receive the Services, for the sole purpose of the Customer using and receiving the Services during the applicable Order Term.
4.2 Delivered Material and User Content
a) Provided AI-Media has received full payment of the relevant Order for Services, the Intellectual Property Rights in the Delivered Materials are owned by and assigned to the Customer according to, but subject to the licence granted to AI-Media under, the Global Terms or, where AI-Media and the Customer have entered into a Master Agreement, the Master Agreement.
b) The Customer acknowledges that the Delivered Materials have been prepared based on User Content and the Customer’s Notwithstanding any other provision in this Agreement, AI-Media will not be liable to the Customer or any other person for any loss, damage, cost, expense or claim, to the extent that the Delivered Materials: (i) contain errors or omissions as a result of the User Content or the Customer’s instructions; or (ii) infringe the rights, including Intellectual Property Rights, of a third party.
c) By uploading or providing any User Content, the Customer hereby grants AI-Media and its Affiliates the license in the Global Terms or, where AI-Media and the Customer have entered into a Master Agreement, the Master Agreement.
d) AI-Media may provide functionality and compatibility with third party services that allow the Customer to control who may access the Customer’s User If the Customer enables the features that allows it to share the User Content with others, anyone the Customer shares User Content with (including the general public, in certain circumstances) may have access to the Customer’s User Content.
e) The Customer must not upload, use, share or submit any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to the Customer, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children including by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that AI-Media deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, obscene violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that the Customer does not have a right to make available under any law or under contractual or fiduciary relationships; (ix) contains any information or content that the Customer knows is not correct and current; or (x) violates third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy or publicity.
f) The Customer is solely responsible for the nature, quality and accuracy of the User Content.
g) The Customer warrants that: (i) it owns (or has sufficient rights to) the User Content; (ii) it has the full right, power and authority to grant AI-Media the license to User Content in accordance with this Agreement; (iii) it has obtained all necessary consents to the collection and use of any personal information or data in the User Content in order for AI-Media to store and use the User Content to provide the Products and Services in accordance with this Agreement; (iv) the User Content, and use of it by AI-Media, its Affiliates and contractors in accordance with this Agreement (including to produce the Delivered Materials), does not infringe the rights, including Intellectual Property Rights, publicity, personality or privacy or data protection rights, of any third party; and (v) the User Content, and use of it by AI-Media, its Affiliates and contractors in accordance with this Agreement (including to produce the Delivered Materials), does not violate any applicable laws, statutes or regulations.
h) AI-Media reserves the right to reject and/or remove any User Content that AI-Media believes, in its sole discretion, violates this clause 4.2.
i) The Customer hereby agrees that AI-Media may advertise the Customer as a customer of AI-Media’s services and accordingly grants AI-Media a non-exclusive license to use the Customer’s name and trade mark for inclusion in AI-Media’s marketing, advertising, and/or publicity materials.
5.1 General
a) The Customer acknowledges that by creating an account for and using the Service the Customer will provide to AI-Media certain personally identifiable information, and Customer consent to the collection, use and disclosure of the Customer’s personally identifiable information and aggregate data as set out in AI-Media’s Privacy Policy.
b) The Customer consents to AI-Media using the personal information provided by the Customer to contact the Customer regarding anything connected with the Service, and to contact the Customer for promotional and marketing purposes including but not limited to other goods and services offered by AI-Media or its Affiliates and partners, and marketing and promotional If the Customer does not want to receive such communications, the Customer may opt out. Opting out may prevent the Customer from receiving communications regarding the Service (including improvements or updates), or marketing and promotional offers.
c) To the extent that any of the User Content the Customer provides AI-Media contains any personal information of any person, the Customer agrees and warrants that: (i) the Customer will comply with any applicable laws and regulations, in respect of the collection and disclosure to AI-Media of such personal information, including obtaining all necessary consents; and (ii) for persons under the age of 18 years, the Customer has obtained the consent of the parent(s)/legal guardian(s) of the relevant person, for the collection and disclosure of such personal information to AI-Media, and AI-Media’s use of the personal information; and (iii) without prejudice to (ii), the Customer has a lawful basis for the collection and disclosure of such personal information to AI-Media, and AI-Media’s use of the personal information.
5.2 Disclosure Rights
a) Notwithstanding anything in AI-Media’s Privacy Policy, the Customer acknowledges and agrees that AI-Media may preserve content that contains personal information and may also disclose such 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, applicable laws or government requests; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of AI-Media, its users and the public.
b) The Customer understand that the technical processing and transmission of the Service, including content, may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or
5.3 Security
a) AI-Media does not guarantee that unauthorized third parties will never be able to defeat AI-Media’s security measures or use the Customer’s personal information for improper purposes.
b) The Customer acknowledges that it provides its personal information at its own risk.
c) To report any cyber security incident or if the Customer has any concerns regarding cyber security and AI-Media, please write to AI-Media by email at
AI-Media’s websites and Platforms may contain links to sites and resources on the Internet that are not owned or operated by AI-Media and its AI-Media does not endorse or approve the information, graphics or material on these third party websites. The Customer further acknowledges and agrees that AI-Media will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings the Customer has with third parties found while using the Service are between the Customer and the third party, and the Customer agrees that AI-Media is not liable for any loss or claim that the Customer may have against any such third party.
AI-Media warrants that the Services will perform materially as described in AI-Media’s published Documentation. If AI-Media breaches this, AI-Media will use commercially reasonable efforts to correct the issue as soon as AI-Media is made aware of it. If either party determines that the proposed remedy is impracticable, either party may terminate the affected Order and AI-Media will refund to Customer any pre-paid, unused fees for the terminated portion of the affected Order. This refund will be Customer’s exclusive remedy and AI-Media’s entire liability for breach of the warranty.
a) The Customer understands and agrees that the Service is provided “as is” and “as available”, and to the extent permitted by law, without express or implied warranty or condition of any kind.
b) The Customer uses the AI-Media Service at its own risk.
c) To the fullest extent permitted by applicable law, AI-Media makes no representations and disclaims any warranties or conditions (whether implied, statutory or otherwise) of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.
d) AI-Media makes no warranty, guarantee or representation that: (i) the Service will be compatible with all hardware and software which the Customer may use, and AI-Media is not required to ensure or maintain any compatibility with any particular hardware or software; (ii) the Service will meet the Customer’s requirements; (iii) the Service will be uninterrupted, timely, secure, virus free or error-free; (iv) the results that may be obtained from the use of the Service will be accurate or reliable, or be in accordance with the Customer’s expectations; (v) the User Content will not be lost, deleted, made inaccessible or damaged; or (vi) the quality of any documents, products, services, information, or other material purchased or obtained by the Customer through the Service will meet the Customer’s expectations.
e) AI-Media makes no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on AI-Media’s websites or otherwise provided to the Customer by AI-Media.
f) Nothing in this Agreement is intended to exclude, restrict or modify any statutory guarantees or statutory warranties which apply and cannot be excluded, restricted or
a) The Customer is entitled to terminate this Agreement in accordance with its rights in the Global Terms or, where AI-Media and the Customer have entered into a Master Agreement, the Master Agreement.
b) Without limiting any of AI-Media’s rights under the Global Terms or, where AI-Media and the Customer have entered into a Master Agreement, the Master Agreement, AI-Media can terminate the Global Terms or, where AI-Media and the Customer have entered into a Master Agreement, the Master Agreement, at any time, or disable (temporarily or permanently) the Customer’s use of the Platforms and Services at any time, with immediate effect and with or without notice to the Customer, if the Customer: (i) breaches the Global Terms or, where AI-Media and the Customer have entered into a Master Agreement, the Master Agreement in AI-Media’s reasonable opinion; or (ii) commits (or AI-Media reasonably suspects that the Customer has committed) any fraudulent, abusive or illegal activity, and AI-Media may refer such conduct to appropriate law enforcement authorities.
c) AI-Media may in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
d) If the Customer or AI-Media terminates the Global Terms or, where AI-Media and the Customer have entered into a Master Agreement, the Master Agreement then AI-Media may immediately deactivate or delete the Customer’s account and all related information and files in the Customer’s account and/or bar any further access to such files or the Service.
e) If the Customer or AI-Media terminates the Global Terms or, where AI-Media and the Customer have entered into a Master Agreement, the Master Agreement, AI-Media will not be liable for any cost, loss, expense, damages or claims suffered or incurred by the Customer or any third-party arising from or in connection with the termination except that where AI-Media effects its rights under clause 10(c) and the Customer has placed an Order for Services that the Customer has paid in advance but for which AI-Media has not completed in part or in full, then AI-Media will provide the Customer a reimbursement of Fees based on the part of the Order AI-Media has not completed.
f) Termination of the Global Terms or, where AI-Media and the Customer have entered into a Master Agreement, the Master Agreement does not affect any accrued rights or remedies of either party.
g) The rights and obligations of clauses 4,5,6, 8, 9,10, 11 and 12 survive termination or expiry of the Global Terms or, where AI-Media and the Customer have entered into a Master Agreement, the Master Agreement.
10. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. The Customer may contact us at
Please contact AI-Media at to ask AI-Media anything about the Service.