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Terms of Use for ThePenPilot AI
Last Updated: July 29, 2024
1. Acceptance of Terms
1.1. By downloading, installing, accessing, or using ThePenPilot AI ("the App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not use the App.
1.2. These Terms constitute a legally binding agreement between you and ThePenPilot AI, a company registered in France, with its principal place of business at 70 Rue Albert, 75013 Paris ("Company", "we", "us", or "our").
1.3. You represent that you are of legal age to form a binding contract with the Company and meet all eligibility requirements in these Terms.
2. Description of Service
2.1. ThePenPilot AI is an AI-powered writing assistant invented by Thomas A.Q.T. Truong, recognized as MIT Technology Review's Innovator Under 35 Europe 2023 in AI.
2.2. The App utilizes the ChatGPT API to generate various types of content, including but not limited to books, podcast scripts, PhD theses, and patent applications.
2.3. While the App strives to provide high-quality, AI-generated content, it is provided for informational and creative purposes only and should not be considered a substitute for professional advice or services.
3. Intellectual Property Rights
3.1. The App, including its original content, features, functionality, algorithms, and underlying technology, is owned by ThePenPilot AI and its creator, Thomas A.Q.T. Truong, and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
3.2. The name "ThePenPilot AI", the ThePenPilot AI logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company.
3.3. Users retain ownership of the specific content they create using the App. However, you grant ThePenPilot AI and Thomas A.Q.T. Truong a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content solely for the purposes of providing, improving, and promoting the App's services.
3.4. You acknowledge that the unique combination of features, functionalities, and AI algorithms embodied in the App constitutes valuable trade secrets of ThePenPilot AI and Thomas A.Q.T. Truong. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the App.
4. User Accounts and Security
4.1. You must create an account to use the App. You are responsible for maintaining the confidentiality of your account information and for restricting access to your device.
4.2. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.3. You are solely responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.
4.4. We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with any provision of these Terms.
5. Subscription and Payments
5.1. The App offers subscription-based services. By subscribing, you agree to pay the fees associated with your chosen plan.
5.2. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. You authorize us to charge your payment method for the renewal term at the then-current rate.
5.3. Prices for subscriptions and additional word packages may change at any time. We will notify you of any price changes before they take effect.
5.4. Refunds are subject to Apple's App Store policies. The Company does not control and is not responsible for Apple's refund policies.
5.5. You agree that if you dispute any charges with your payment provider, and such dispute is found to be invalid, you will be responsible for any costs we incur as a result of the dispute, including chargeback fees and legal costs.
6. User Content and Conduct
6.1. You are solely responsible for the content you create using the App, including its legality, reliability, and appropriateness.
6.2. You agree not to use the App to create, upload, or share content that:
- a) Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy
- b) Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any party
- c) Violates any law or regulation
- d) Impersonates any person or entity or misrepresents your affiliation with a person or entity
- e) Contains software viruses or any other computer code designed to interfere with the functionality of the App
6.3. You agree not to use the App:
- a) For any unlawful purpose or in any way that could damage, disable, overburden, or impair the App
- b) To attempt to gain unauthorized access to any part of the App, other user accounts, or computer systems or networks connected to the App
- c) To collect or track personal information of other users
- d) To spam, phish, or engage in any other malicious activities
7. AI-Generated Content
7.1. The App uses the ChatGPT API to generate content. While we strive for accuracy and quality, we do not guarantee the accuracy, completeness, reliability, or originality of AI-generated content.
7.2. Users are solely responsible for reviewing, editing, verifying, and ensuring the appropriateness of all AI-generated content before use or publication.
7.3. ThePenPilot AI and Thomas A.Q.T. Truong are not responsible for any consequences resulting from the use of AI-generated content, including but not limited to any errors, omissions, or inaccuracies in the content or any loss or damage of any kind incurred as a result of the use of any content generated or provided by the App.
7.4. You acknowledge that AI-generated content may inadvertently reproduce copyrighted material or produce content similar to existing works. You are solely responsible for ensuring that your use of AI-generated content does not infringe on any third-party rights.
8. Limitation of Liability
8.1. To the fullest extent permitted by applicable law, ThePenPilot AI, its creator Thomas A.Q.T. Truong, and their respective officers, directors, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- a) Your use or inability to use the App
- b) Any unauthorized access to or use of our servers and/or any personal information stored therein
- c) Any interruption or cessation of transmission to or from the App
- d) Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the App
- e) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the App
8.2. In no event shall our total liability to you for all damages, losses, or causes of action exceed the amount you have paid us in the last six (6) months, or, if greater, one hundred euros (€100).
8.3. The limitations of liability in this section also apply with respect to damages incurred by you by reason of any products or services sold or provided on any linked sites or otherwise by third parties other than us and received through or advertised on the App.
9. Disclaimers
9.1. The App is provided on an "AS IS" and "AS AVAILABLE" basis without any representations or warranties, express or implied.
9.2. ThePenPilot AI and Thomas A.Q.T. Truong expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.3. We make no warranty that:
- a) The App will meet your requirements
- b) The App will be uninterrupted, timely, secure, or error-free
- c) The results that may be obtained from the use of the App will be accurate or reliable
- d) The quality of any products, services, information, or other material purchased or obtained by you through the App will meet your expectations
9.4. Any material downloaded or otherwise obtained through the use of the App is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
9.5. No advice or information, whether oral or written, obtained by you from ThePenPilot AI or through or from the App shall create any warranty not expressly stated in these Terms.
10. Indemnification
You agree to defend, indemnify, and hold harmless ThePenPilot AI, Thomas A.Q.T. Truong, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, any use of the App's content other than as expressly authorized in these Terms or your use of any information obtained from the App.
11. Modifications to the App and Terms
11.1. ThePenPilot AI reserves the right to modify or discontinue, temporarily or permanently, the App or any features or portions thereof without prior notice.
11.2. We may revise these Terms from time to time. The most current version will always be posted on our website. By continuing to access or use the App after revisions become effective, you agree to be bound by the revised Terms.
12. Governing Law and Jurisdiction
12.1. These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions.
12.2. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Paris, France.
12.3. You agree that any claim or cause of action arising out of or related to these Terms or the use of the App must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.
13. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
14. Entire Agreement
These Terms, our Privacy Policy, and any other legal notices published by us on the App, constitute the entire agreement between you and ThePenPilot AI regarding the App.
15. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
16. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction.
17. Contact Information
For any questions about these Terms or the App, please contact us at:
ThePenPilot AI
70 Rue Albert
75013 Paris
France
Email: thomas@thepenpilotai.com
By using ThePenPilot AI, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them.
