Terms and Conditions

Last updated March 01, 2024

1. AGREEMENT TO OUR LEGAL TERMS

We are DeFi Management Inc. (“Company,” “we,” “us,” “our”), a company registered in Delaware, United States. You can contact us by email at [email protected] or by mail to  at Northwest Registered Agent Service, 8 The Green, STE B, Dover, Delaware, 19901, United States.

We operate the website https://wpaimuse.com and the AI Muse WordPress Plugin (collectively referred as the “AI Muse”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

AI Muse is an AI-powered WordPress plugin developed by DeFi Management Inc. under the GPLv3 license. AI Muse harnesses the power of advanced AI LLM models like OpenAI ChatGPT, Google Gemini and others to automatically generate compelling text, unique images, and compelling WooCommerce product descriptions, augmenting the post creators and eCommerce sellers to achieve more and igniting their creative spark.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and DeFi Management Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted. We recommend that you print a copy of these Legal Terms for your records.

2. OTHER DEFINITIONS

2.1. Account: a Freemius account of Customer, which is accessible via the Site and grants access to the WordPress Dashboard.

2.2. Agreement: any arrangement or agreement between AI Muse and Customer regarding the Plugin that are provided to Customer of which the Terms and Conditions, and its Annex and Appendices are an integral part.

2.3. Customer: the natural person or legal entity, acting in a professional capacity, who buys (a) AI Muse Plugin(s) via Freemius.

2.4. Dashboard: the WordPress dashboard that provides Customer access to Customer information, such as payment details, purchase history, invoices, licenses and downloads.

2.5. Freemius: Freemius, Inc, the reseller and merchant of records of the AI Muse WordPress Plugin.

2.6. Intellectual Property (Rights): all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (including copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs).

2.7. Parties: Customer, AI Muse and Freemius.

2.8. Plugin: AI Muse plugin that is developed by DeFi Management Inc. and which is downloaded by Customer.

2.9. Terms and Conditions: these terms and conditions.

2.10. Trial Period: the temporary period in which Customer can try out the Plugin for free.

2.11. Website or Site: the product and services websites of AI Muse via which Customer can buy the Plugins. The URL’s of these websites can be found on https://wpaimuse.com.

2.12. Writing(s): Paper writings, e-mails, SMS, WhatsApp,  WordPress dashboards, AI Muse Discord server messages to the extent the identity of sender and the integrity of the message can be sufficiently established.

2.13. AI Models: Artificial Intelligence (AI) large language models (LLMs) or AI Image generation models or other AI enabled multi-modal models i.e. OpenAI ‘s ChatGPT, Dall-E, Google ‘s Gemini.AI Muse will be progressively adding new AI models for customers use.

3. COMPLIANCE WITH LAWS AND REGULATIONS

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services. If you are working for a company or any organization, you must have the necessary permits to enter into an agreement to able to use the Services.

4. INTELLECTUAL PROPERTY RIGHTS

4.1. We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.

4.2. The Plugin(s) are licensed to Customer for use only in accordance with the terms of the agreements between Freemius and Customer. AI Muse grants Customer a non-exclusive, non-sublicensable, non-transferable license to use the Plugin updates for the term of the agreements between Freemius and the Customer. In case Customer does not conclude an agreement with Freemius and downloads the Plugin for free or for a trial period, AI Muse provides Customer a revocable, non-exclusive, non-sublicensable, non-transferable perpetual license to use the Plugin according to its purposes, from the moment Customer downloads the Plugin.

4.3. AI Muse uses GNU open source software in its Plugins. Customer will strictly comply with the terms set forth in the GNU General Public License, which can be found on: http://www.gnu.org/licenses/gpl-3.0.html.

5. LICENCE GRANT AND RESTRICTIONS

These Terms and Conditions govern all uses of AI Muse Plugins and all agreements, including but not limited to those between the Customer and Freemius concerning Plugins. This includes paid, free and trial plugins unless expressly agreed otherwise in written form. Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Services to which you have properly gained access solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

6. YOUR SUBMISSIONS

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

7. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.

Customer must refrain from using the AI Muse Plugin in such a way that causes nuisance, hindrance or damage to AI Muse and/or third parties, or their systems and networks.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

8. USER REGISTRATION

The Agreement is concluded at the moment Customer concludes an agreement with Freemius regarding a Plugin. In case of a Trial Period or a paid AI Muse plugin plan purchase via Freemius, the Agreement will be entered into for the duration of the agreement Customer concluded with Freemius. Which means that this Agreement will end once the agreement Customer concluded with Freemius ends.

You may also be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

9. PURCHASES AND PAYMENT THROUGH FREEMIUS

9.1 All payments are processed by our partner Freemius (https://freemius.com/).  Freemius acts as a reseller for the Plugins, and the Customer will enter into an agreement with Freemius. Freemius is responsible for various aspects, including ordering, payment, Account management, and access to the Dashboard, which facilitates downloads. In this context, the applicable End User License Agreement (EULA) provided by Freemius governs these transactions.

9.2. In order to buy a Plugin, Customer needs to access the Website, which will lead Customer to the ordering process hosted by Freemius. Freemius is a reseller of the Plugins, whom Customer will conclude an agreement with.

9.3. Freemius is thus, among other things, the responsible party for ordering, payment, Account and access to the Dashboard via which the downloads are available. In this regard, the EULA of Freemius that is made available to you is applicable.

9.4. After we have successfully received your payment, you will receive one or multiple emails containing the download link and the Licence key. Alternatively you maybe sent automatically to a confirmation webpage where you will find the download link to the plugin files and licence information. 

9.5 WordPress automatically checks for updates to its core, installed themes, and plugins. During update checks, AI Muse plugins may connect to Freemius or us to retrieve update information.

9.6 Upon purchasing the Commercial License, you will receive a unique license key. To enable plugin updates in your WordPress dashboard, input your license key and register your domain with the plugin. During registration, details including your domain name, plugin name, and key maybe transmitted to Freemius for verification and registration purposes. The confidentiality of your license key is imperative. It is strictly prohibited to distribute, share, loan, or resell it. We retain the right to monitor key usage levels and take appropriate action in the event of detecting abnormal usage.

9.7. AI Muse is responsible for support and developing updates set out in these Terms and Conditions. Customer is only entitled to receive support and updates as referred to in this paragraph if it has entered into an agreement with Freemius.

9.8. Any discounts or promotions only apply to the first term of the purchased subscription, unless otherwise stated.

9.9. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that Feemius can complete your transactions and contact you as needed. Sales and other locally required tax will be automatically added to the price of purchases by Freemius based on the information provided by you.

9. 10. We may change prices or licence tiers at any time for any reason. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

9.11. Because we sell our product(s) using Freemius secure checkout, which enables secure online payments, licensing, fulfillment, and more, that service automatically adds cookies when a user opens the checkout. Those are essential cookies for security, fraud detection & prevention, and completion of a purchase. There’s no way to check out without letting the service use cookies.

9.12. Freemius automatically generates an EULA (End User License Agreement) that is presented to Customers during checkouts. Freemius also has its own Terms. Here’s a link to the Freemius privacy policy and its checkout cookie policy. If you wish to opt-out of Freemius’ cookies setting please go to their cookie policy and follow their opt-out instructions. Freemius is fully GDPR compliant.

10. GRANT OF LICENSE

You can read the details of the license at our wpaimuse.com product page  on this page.

(a) Free Version

If you are utilizing the Free Version SOFTWARE, you are hereby granted a license to:

Distribution Conditions:

(b) Commercial Version

Upon the purchase of the Commercial License for the SOFTWARE and receipt of the Commercial Version file, you are licensed to:

Restrictions:

Lifetime License Type (if available)

Lifetime Definition and Termination:

“LIFETIME” denotes the useful life of the SOFTWARE, which is the period during which AI Muse supports the SOFTWARE with updates and services. AI Muse reserves the right to terminate the lifetime license at its sole discretion, including in the event of company closure, discontinuation of the SOFTWARE, merger & acquisition or other circumstances that make it impracticable or impossible to continue providing updates and services. If the lifetime license is terminated, you may continue to use the last version of the SOFTWARE you received under the license, but you will no longer be entitled to receive updates or support.

11. CANCELLATION AND REFUND POLICY

11.1 At AI Muse we want you to be happy and benefit from the Plugin(s) bought from us. If you have any questions, problems, or feedback, let us know by getting in touch with us. The AI Muse 15-day money back guarantee offers that, if at any time within the first 15 days of purchasing a Plugin(s), Customer decides the plugin is not for them, then Customer should let our support team know or cancel through Customer ‘s Freemius account. AI Muse will refund the full price Customer paid during the initial purchase. 

11.2. AI Muse will not provide refunds after 15 days. 

11.3. AI Muse will not provide refunds for product upgrades or renewals. Customer can cancel the subscription anytime from the Account portal, with effect at the end of the then-current subscription. AI Muse or Freemius may or may not notify the Customer about upcoming renewals a few days or weeks before via email. Therefore Customer is responsible to cancel the subscription before the renewal date if Customer does not wish to renew the subscription.

If you are unsatisfied with our Services, please email us at [email protected].

12. SOFTWARE AND WARRANTY

We grant to you a non-exclusive, revocable, personal, and non-transferable license to use our software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

AI Muse makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. AI Muse does not represent or warrant that

13. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

14. USER GENERATED CONTRIBUTIONS

14.1. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”) through wordpress forums, discord servers/channels, AI Muse emails & social media accounts or other online means. Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services’ Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

14.2. Moderation and Removal of Content: We reserve the right, at our sole discretion, to moderate, modify, remove, or reject any Contributions (or portions thereof) that we deem to violate these Terms, applicable laws, or are otherwise objectionable. This includes, but is not limited to, content that is offensive, harmful, illegal, or infringes upon the rights of others.

14.3. Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

15. USE OF AI GENERATED DATA

AI Muse is designed to simplify the integration of AI large language models (LLMs) or AI Image generation or other multi-modal models such as ChatGPT provided by OpenAI, Google Gemini, and any other similar AI services. To activate any AI functionality, users must supply their own API key, obtained from their chosen AI service provider. By using AI Muse, users are bound by the terms of use, privacy policies, and other legal agreements of their chosen AI service provider. By using AI Muse, you acknowledge and agree to the following:

15.1. Disclaimer of Warranty and Accuracy:

15.2. User Responsibility:

15.3. Limitation of Liability:

15.4. Risk of AI Use:

15.5. Recommendation for Professional Guidance:

15.6. Addition or Removal of LLM Models:

15.7. AI Streaming Server

Purpose: To enable streaming of AI-generated content on customers’ WordPress servers that don’t support Server-Sent Events (SSE) or OpenAI-like LLM service providers that AI Muse needs to stream to be able to estimate the consumed tokens and costs.

Functionality:

Privacy:

User Consent:

16. AI MODEL API COSTS

16.1. Third-Party Costs: You acknowledge and agree that AI Muse itself does not incur any cost for using AI models. However, activating and using AI functionalities within AI Muse requires API tokens or similar means from your chosen third-party AI service provider (e.g., OpenAI, Google Gemini, OpenRouter etc). These tokens are subject to consumption charges set by the respective service provider and are your sole responsibility.

16.2. Indicative Dashboard: AI Muse provides you with an indicative dashboard to track your estimated (token) consumption for each AI service and associated functionalities. This information is provided for your convenience and is not a definitive or guaranteed representation of your actual costs.

16.3.User Responsibility: You are solely responsible for monitoring and managing your actual token consumption through the dedicated dashboards and billing information provided by your chosen AI service provider. AI Muse is not responsible for any discrepancies between the indicative dashboard and your actual token usage or associated charges.

16.4. Billing and Payment: You agree to comply with the billing and payment terms of your chosen AI service provider for token consumption. AI Muse is not involved in any financial transactions between you and your service provider.

16.5. Limited Support: While AI Muse may provide basic guidance on interpreting AI Model API consumption data, we are not responsible for providing detailed cost analysis or financial advice. For any questions or concerns regarding your billing and token usage, please contact your chosen AI service provider directly.

By using AI Muse, you acknowledge and agree to the terms outlined above.

17. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

18. PUBLICITY AND SOCIAL MEDIA

18.1. Use of Customer’s Name, Logo or reviews/feedbacks: AI Muse is permitted to utilize the Customer’s name, logo or reviews/feedbacks in promotional materials, encompassing press releases (subject to Customer’s review before issuance), case studies, white papers, event materials, presentations, published media, and earnings calls, across all current and future media platforms. AI Muse is authorized to display the Customer’s name and logo on its websites without prior written consent, except in the event that the Customer expressly notifies AI Muse in writing that such usage is prohibited on the websites.

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

19. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the AI Muse accounts) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

20. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

21. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://wpaimuse.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.

22. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

23. CHANGES, MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the features, code, or contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. Customer feedbacks and suggestions are welcome but ultimately we decide which changes to carry out (or not).

23.1. AI Muse shall use best efforts to maintain the Plugins for the duration of the agreement Customer concluded with Freemius. In this regard, AI Muse shall at its own discretion provide updates of the Plugins, which are accessible via the Dashboard. If Customer has not concluded an agreement with Freemius, AI Muse shall use best efforts to maintain the Plugins for a reasonable period, determined at its own discretion. Customer is solely responsible for downloading the most recent version of the Plugin available. AI Muse is not liable for any damages resulting from not having installed the most recent version of the Plugin.

23.2. Customer will, on request, provide AI Muse with the requested data (such as log reports or settings) for the purposes of fixing technical problems regarding the Plugins.

23.3. We cannot guarantee the Services will be available at all times. We may experience hardware, software, cloud providers’ service interruptions or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

24 USER SUPPORT

24.1. AI Muse shall provide support for the term of the agreement that Customer concluded with Freemius. Customer can access support by submitting a support ticket or by sending an email to [email protected]. AI Muse will use best efforts to respond to support requests within forthy-eight (48) hours if the request is received on business days during business hours (Monday to Friday from 9AM till 5PM CET).

24.2. License holders are not permitted to re-post support forum content or documentation on any external websites, social media outlets, etc without AI Muse written consent. Posting screen captures of that content is also prohibited.

25. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, USA, without regard to its conflict of law principles.

26. DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose.

27. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

28. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Customer is solely responsible for the use and installation of the AI MUSE services. AI MUSE uses best efforts to properly tests and support the Plugin(s) and will provide support for third party plugin conflicts at its own discretion.

29. LIMITATIONS OF LIABILITY

29.1. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTHS PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

29.2. Similarly during the Trial Period, or if Customer downloaded (a) Plugin(s) for free, AI Muse will not be liable for any loss and/or damages resulting from an attributable failure in the performance of the Agreement, the agreement Customer concluded with Freemius, an unlawful act or otherwise, unless in cases of willful misconduct or deliberate recklessness by AI Muse’s management. 

29.3 AI Muse cannot be obliged to fulfill any obligation if fulfillment is prevented as a result of force majeure nor can AI Muse be held liable for any damage resulting from this. Force majeure includes, but is not limited to, the following situations: power failures, internet failures, failures in the telecommunications infrastructure, network attacks (including (d)dos attacks), attacks by malware or other malicious software, internal disturbances, mobilization, war, terror, strikes, sanctions and export barriers, supply stagnation, fire and flooding.

30. INDEMNIFICATION

30.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

30.2. We may recover from Customer any loss and/or damage sustained as a result of violations of the rules under this article. 

31. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any deliveryright of action against us arising from any such loss or corruption of such data.

32. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

AI Muse or Freemius may on occasion send you email, wordpress dashboards or Discord notifications related to your product, updates, campaigns and product license. These Writings may include notification of licensing changes, changes to our terms and conditions, and other transactional emails related to your purchase of the product(s). By purchasing our products you agree to receive these Writings.

33. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

34. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

35. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Northwest Registered Agent Service, 

8 The Green, STE B, Dover, Delaware, 19901, United States.

Email: [email protected]