Effective date: Aug 20, 2024
General and Definitions
1.1. Welcome, and thank you for your interest in Bright Website and Service ("Bright", "we", "us" or "our").
1.2. These Terms of Use (the "Terms") govern your ("you", "your", "yours", “user” or “users”) use of our Website (the "Website") at https://bright.live/, and the Service (as the term “Service” is defined in section 4.1 below), in all its available versions that may be available, such as desktop, chrome extension, other chromium-based browsers, and mobile application, operated by us. These Terms should be read carefully by you in their entirety prior to your use of the Website and Service. Please note that these Terms constitute a legally binding agreement between you and us and that if you do not agree with any provision of these Terms (or cannot comply with them), you shall immediately cease using the Website and the Service. By using the Website and/or the Service, you agree to the Terms, as amended from time to time.
1.3. These Terms incorporate our Privacy Policy (the “Policy”) and by agreeing to these Terms, you confirm that you also accept and agree to our Policy. You can review our Privacy Policy here: https://bright.live/privacy-policy
1.4. Notice that by using Bright as a user and integrating your LinkedIn profile, you are also agreeing to LinkedIn’s Policies, and you may not use our Service in a manner that violates any of LinkedIn’s Policies. If you do not agree with their policies and terms, you agree not to use LinkedIn’s integration and/or any of LinkedIn's functions in our Service, such as, but not limited to, posting, scheduling, and analytics.
You should read their policies here:
a) LinkedIn Service Terms: https://www.linkedin.com/legal/l/service-terms
b) User Agreement: https://www.linkedin.com/legal/user-agreement
c) LinkedIn Professional Community Policies: https://www.linkedin.com/legal/professional-community-policies
d) LinkedIn branding policies: https://brand.linkedin.com/policies?trk=content_footer-brand-policy
e) Copyright Policy: https://www.linkedin.com/legal/copyright-policy?trk=content_footer-copyright-policy
f) Cookie Policy: https://www.linkedin.com/legal/cookie-policy?trk=content_footer-cookie-policy
g) Privacy Policy: https://www.linkedin.com/legal/privacy-policy?trk=content_footer-privacy-policy
h) Accessibility: https://www.linkedin.com/accessibility?trk=content_footer-accessibility
1.5. By accepting these Terms, you waive the right to hold us responsible in any way for damage caused by incorrect information in the LinkedIn account that allows you to register with our Service. Additionally, you are aware that your account in our Service may be accessible to anyone accessing your LinkedIn account, and you are solely responsible for its confidentiality.
Eligibility
2.1. You are only entitled to use the Website and the Service if you comply with all of the following:
2.1.1. You are at least 18 years old; and
2.1.2. We have not closed or disabled your account (as defined below) in the past for any reason or banned you from use of the Service; and
2.1.3. You have the right, authority, and capacity to enter into these Terms and to abide by its conditions.
Registration
3.1. Some or all of the Service, and certain features or functionalities, may require that you register for an account with us (the “Account”).
3.2. When you register for the Service, you are required to complete certain details about you, as further described in our Privacy Policy. The information that you provide during the registration process must be accurate, up-to-date, and complete. In addition, you will be asked to choose a password, which, together with your email address, is associated with your Account (the “Access Information”), and which will constitute your identification information for the purpose of logging into your Account.
3.3. You may be able to access the Service by logging in with your social media accounts or linking to other social media platforms, and/or other platforms (e.g., LinkedIn, Gmail), in which case such accounts and platforms may pass information directly to us.
3.4. You are solely responsible for maintaining the confidentiality of your Account information and Access Information. You remain solely responsible for activity on your Account with the use of your Access Information. If you share your password with anyone, we will not be held liable for any loss that may occur as a result thereof. You must notify us immediately of any unauthorized access to your Account, or any other breach of security at hello@bright.live
3.5. It is your responsibility to keep the email address associated with your Account up to date so that we can communicate with you electronically. You understand and agree that you forfeit the right to plead ignorance if you do not receive an electronic communication sent to you by us, because your Account's email address is incorrect, out of date, or blocked by your service provider, or you are otherwise unable to receive electronic communications.
3.6. By creating an Account, you agree to subscribe to newsletters, marketing or promotional materials, and/or other information we may send to you. However, you may unsubscribe from receiving any, or all, of these communications from us by clicking the unsubscribe link in the email, or by emailing us at hello@bright.live
3.7. If you manage an account, or sub-accounts, in Bright for third-party individuals and/or companies, you undertake that you are acting with their prior consent, it is understood that any liability will apply solely to you and we are not responsible for any damage that may be caused to the third party.
The Service
4.1. Bright is a SaaS tool for content creation. While some of its features are designed to help users specifically on LinkedIn, it is generally for people who want to create content or are creating content, and it offers supported and related features (the “Service”).
4.2. The data and/or suggestions that you may receive as part of the Service rely on the general software algorithm. We do not check nor verify the accuracy, quality, completeness, fitness for a particular purpose or non-infringement, usefulness, authority, merchantability, and timeliness of the information that we offer for you personally. Therefore, you must take into consideration that the data and/or suggestions may contain errors or faults. Accordingly, we assume no responsibility, nor do we provide any warranty for the data, and your use of the data and your reliance upon it is at your sole risk, and you undertake not to raise any claim and/or demand and/or action against us due to any damage or expense that you may incur as a result thereof.
4.3. Without derogating from the generality of the foregoing to the extent that the data or a part thereof is prospective in nature, including predictions regarding the occurrence or non-occurrence of certain events or conditions, such information is inherently uncertain and you must treat it as such.
4.4. Bright Website and/or Service are not endorsed or certified by LinkedIn, and all LinkedIn logos and trademarks presented on the Website and/or Service are the property of LinkedIn.
4.5. We utilize session tokens to obtain authorized access to relevant data endpoints via active consent from each user upon registration, or during usage time, using our Chrome extension. This grants us access to port the necessary data to both deliver our services and grant users access to what rightfully belongs to them (their data). We do not scrape or automate user behavior.
Paid Subscription
5.1. The Service may include a bill on a subscription basis ("Paid Subscription"). If you wish to subscribe to a Paid Subscription for the Service you may be asked to provide personal information, such as, without limitation, your credit card number, expiration date, ID number, billing address, full name, and phone number.
5.2. You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). The Billing Cycle is set either on a monthly or annual basis, depending on the type of Paid Subscription plan we have offered and the one you’ve selected when purchasing the Paid Subscription. You may at any time change your plan from annual to monthly, or vice versa, and any such change in your account will be applied at the end of your current Billing Cycle.
5.3. At the end of each Billing Cycle, your Paid Subscription will automatically renew under the exact same conditions, unless you or we cancel it. You may cancel your Paid Subscription renewal either through your Account settings page or by contacting us at hello@bright.live
5.4. In case the automatic renewal of the Billing Cycle fails for any reason, we may send you an electronic invoice indicating that you have to proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
5.5. We may decide to offer discounts to you for promoting Bright's Service. We reserve the right to modify the conditions for such an offering or to cancel or cease offering discounts at any time at our sole discretion, without prior notice. If you are eligible for a discount, know that you cannot use more than one discount for your Paid Subscription unless specified otherwise.
5.6. We may offer tiers for our paid subscription. In such an event, you may at any time upgrade or downgrade your plan. If upgrading, you will be immediately billed the difference in the costs of your previous plan and your new plan, prorated according to the current billing cycle. If downgrading, your adjusted price will take effect from the start of your next Billing Cycle.
5.7. We may allow the integration of additional LinkedIn profiles and/or LinkedIn company pages to a paid account, and we may charge for each integration, or in a package, an extra recurring fee.
5.8. We may offer, at our sole discretion, a Paid Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial.
5.9. You represent and warrant that: (i) you have the legal right to use any credit card/s or other payment methods related to your Paid Subscription; and that (ii) the information you provided to us is accurate, correct, and complete.
5.10. We may employ the use of third-party services for the purpose of facilitating payment and the completion of the Paid Subscription. By providing us with Your Personal Information, you grant us the right to provide your Personal Information to these third parties, subject to our Privacy Policy.
5.11. We reserve the right to refuse or cancel your Paid Subscription at any time for reasons including but not limited to Service availability, Service price changes, inappropriate usage of the Service, fraud/unauthorized/illegal transactions, or other reasons.
5.12. We reserve the right to refuse or cancel your Paid Subscription at any time if we suspect that you have attempted to abuse our Service and/or system. Such abuse includes but is not limited to having multiple free trials, attempting to obtain several or unreasonable discounts on the Service, and overall failure to pay for the Paid Subscription.
5.13. You are obliged to pay any tax considering the tax legislation of your country. The paid subscription is exclusive of any and all taxes that may apply to you. When you proceed to complete the paid subscription, taxes and/or third-party subscription/payment-processing fees may apply, as presented to you on the billing page. You acknowledge that and have no claims against us. These fees and/or taxes may not be available for refund by us.
5.14. We may apply Pricing Changes ("Pricing Changes") in the Paid Subscription plan/s, at any time, at our sole discretion, as well as modify the features in the Paid Subscription plan/s.
5.15. If we apply Pricing Changes, we will provide you with reasonable prior notice, and you will have the option to terminate your Paid Subscription before such Pricing Changes become effective. If you decide to terminate your Paid Subscription, you will pay until the end of your current Billing Cycle.
5.16. Any Pricing Changes will become effective at the beginning of the following Billing Cycle. Your continued use of the Service after the Pricing Changes come into effect constitutes your agreement to pay the modified Paid Subscription amount.
5.17. We may change or remove some features in the Service for which you have paid in the Paid Subscription, and/or change the layout and/or structure of the Service, without prior notice. In such a case, you will not have a claim against us, and you will not be entitled to a refund and/or cancellation of your Paid Subscription before the end of your current Billing Cycle.
5.18. Refund policy: If you live in the E.U. or Turkey, you are legally eligible for a refund if you cancel your subscription within 14 days of purchasing. If you are based anywhere else or request a refund after the 14 days have passed, we won’t be able to refund your subscription. Note that if you get a refund, you will not receive an automatic refund of any portion of the fee paid for your term. Our order process is conducted by Stripe. For any further billing inquiries, please contact us at hello@bright.live
Waitlist
6.1. From time to time, we may have a Waitlist (“Waitlist”) for pre-coming features, services, or even for the entire Service.
6.2. By joining the Waitlist, we have no obligation and make no commitment to accept you to use a certain feature, specified services, and/or the entire Service.
6.3. We have no obligation and make no commitment to give you free usage of a certain feature, specified services, and/or the entire Service, even if accepted after joining the Waitlist.
6.4. The decision whether or not to give free usage, is at our sole discretion.
6.5. We may contact you by email at the email address you entered.
6.6. We reserve the right to accept or refuse a Waitlist entry at our sole discretion.
6.7. We may remove you from our Waitlist at our discretion without notice.
6.8. You can request at any time to be removed from the Waitlist, by emailing us at hello@bright.live
6.9. We are not responsible for maintaining your security while being on the Waitlist.
6.10. We will make reasonable efforts to keep your presence on the Waitlist discreetly, but in any case in which it has become public knowledge, whether because of us, because of you, or because of a third party, whether directly or indirectly, there will be no impact on us whatsoever, we will not be obligated to compensate you in any way, financially or otherwise, and we will not be held liable or responsible in any way.
6.11. By entering the Waitlist, you understand that you join at your sole responsibility and any damage that may be caused is your sole responsibility, and you will not attempt in any way, shape, or form, to hold us liable for anything that may or may not occur as a result of you joining the Waitlist.
Contacting Us
7.1. We will always do our best to respond to any request and do so quickly. Yet, a request, either through the Website, email, or other means, does not create any obligation for a response from us, and each response will be made at our sole discretion and at our schedule.
Prohibited Activities
8.1. You undertake to use the Website and the Service in a respectful manner, and you undertake not to:
8.1.1. use the Website and/or the Service for the purpose of uploading, downloading, distributing, publishing, or transmitting (a) information or other material in a manner that violates any rights, including intellectual property rights, protection of privacy rights, or any other rights; (b) information or other material that is prohibited for publication or use because it constitutes a threat, harm, insult, slander, defamation, racism or inappropriate content; (c) information or other material that includes a virus or other software that may damage our computer systems or those of any third parties or in a manner that may restrict or prevent others from using the Website and/or the Service; (d) information or other material that violates any law; (e) information or other material that includes an advertisement of any kind without our prior written permission, or the party the advertisement is related to; (f) graphically violent content or obscene, sexually explicit, promotes self-harm, promotes terrorist activity, promotes misinformation, or otherwise poses a threat to the public; (g) content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner; (h) content that facilitates abusive, harassing, or bullying behavior; (i) content that promotes, encourages, supports or facilitates hate speech, violence, or discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law; or
8.1.2. delete or modify any attributions, legal notices, or other proprietary designations or labels on the Website and/or the Service; or
8.1.3. using any unauthorized interface other than the Website and/or the Service itself; or
8.1.4. interfere with other users' use of the Website and/or the Service; or
8.1.5. engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Service; or
8.1.6. use bots or other automated methods to access or use the Website and/or the Service; or
8.1.7. upload or transmit (or attempt to upload or transmit), without our express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, web bugs, cookies, or other similar spyware devices; or
8.1.8. violate any applicable laws or regulations, encourage or promote any illegal activity, including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking, or distribution of counterfeit software; or
8.1.9. make any changes and/or interfere in any way with the source code of the Website and/or the Service, and upload any software and/or application that may harm or cause damage to us, the Website and/or the Service, or any other third party; or
8.1.10. disassemble, decompile, or otherwise reverse engineer any software or other technology included in the Website and/or the Service, or used to provide the Service; or
8.1.11. encourage or induce any other person to engage in any of the activities prohibited under this section.
8.1.12 copy the Service, or part of it, to your product/service or the products/services of others related to you.
8.2. In any case, we are not responsible for any materials uploaded, posted, or stored through your account in our Service. You are solely liable for any content you upload, post, share, or provide through our Service. It is your responsibility to guarantee that the transfer and processing of such comply with all applicable laws, regulations, and/or other platforms’ terms of use.
8.3. You acknowledge that without prejudice to any other right of ours if we are concerned that your use of the Website and/or the Service does not comply with the provisions of these Terms or any applicable law, we may track your use of the Website and/or the Service, prevent you from accessing the Website and/or the Service, delete your account and all the data stored on it, transfer your behavior patterns on the Website and/or the Service to third parties, and/or perform any other action that we may deem appropriate to protect our property and/or rights and/or the rights of third parties. All of this can be done at our sole discretion, without prior notice, and without notice at all.
8.4. Additionally, in the event of excessive usage of the Service, subject to our sole distraction, we reserve the right to impose restrictions, without any prior notice, on your account for upload, storage, download, and use of our service, including, without limitation, network traffic and bandwidth, size and/or length of content, quality and/or format of content, sources of content, and volume of download time.
Intellectual Property Rights
9.1. The Website and the Service, and their content, including video materials, text, photos, logos, and graphical display of data, designs, sound, figures, analysis, statistics, trademarks, and any other content embodied in the Website and the Service are protected by our intellectual property rights or those of third parties.
9.2. As between you and us, we retain all rights, titles, and interests in the Website and/or the Service. The use of the Website and/or the Service does not confer on you any of the intellectual property rights embodied in the Website and/or the Service, other than the right to use the Website and/or the Service in accordance with the terms of these Terms.
9.3. You shall not, nor shall you allow any other party or parties to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce, frame, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, used for any purpose other than for using the Website and/or the Service pursuant to the Terms, or otherwise exploit any of the contents of the Website and/or the Service without our explicit, written prior permission.
9.4. When using our Website and/or Service, you have the option to share content, information, ideas, suggestions, reviews, comments, error reports, and other contributions, collectively referred to as Feedback ("Feedback"), through our Service, email, Website, or other communication channels. You are aware that all such Feedback provided becomes the exclusive intellectual property of us, and you irrevocably assign all associated rights to us, relinquishing any claims to moral or similar rights. We are granted a royalty-free, irrevocable license to utilize, modify, and distribute the Feedback in any form or medium worldwide. You confirm that to your knowledge when giving Feedback, the Feedback you provide is accurate and does not violate the rights of third parties, including intellectual property rights, the Feedback is not considered confidential, and we retain the right to choose whether to implement or disregard it at its sole discretion. You acknowledge that we may already have similar development concepts or ideas in progress, and the act of providing Feedback does not impose any liability or obligation on us.
Affiliate Program Terms and Conditions
By participating in our Affiliate Program ("Affiliate Program"), you agree to comply with the following terms and conditions. Please read these terms carefully before becoming an affiliate with Bright.
10.1. Eligibility
10.1.1. To participate in the Affiliate Program, you must be at least 18 years old and agree to these Terms of Use.
10.1.2. We reserve the right to approve or reject any affiliate application at our sole discretion.
10.2. Affiliate Relationship
10.2.1. By participating in the Affiliate Program, you agree that you are an independent contractor and not an employee, partner, or agent of us. You shall not be entitled to any employee benefits, and you are responsible for your own taxes.
10.2.2. You will not make any statements or commitments on behalf of us or bind us to any obligations, except as expressly authorized in writing.
10.3. Promotion and Marketing
10.3.1. As an affiliate, you are responsible for marketing and promoting Bright Service and its related services or products using your unique affiliate link provided by us upon your registration.
10.3.2. You agree to adhere to all applicable laws and regulations, including but not limited to, the Federal Trade Commission (FTC) guidelines for affiliate marketing.
10.3.3. You shall not engage in any form of spam, deceptive marketing, or illegal activities when promoting Bright through the Affiliate Program.
10.4. Commissions and Payments
10.4.1 We will pay commissions to affiliates for qualifying referrals made through their unique affiliate links, according to the commission structure as described on their affiliate account.
10.4.2. Commissions are paid on a set schedule and are subject to a minimum payout threshold as defined by us and can be found in the affiliate's account. Payments are made through the payment method specified in the affiliate's account.
10.4.3. We reserve the right to modify the commission structure, payout schedule, and payment methods at our discretion.
10.5. Termination
10.5.1. Either party may terminate this affiliate relationship at any time for any reason by providing written notice.
10.5.2. We reserve the right to terminate an affiliate's participation in the Affiliate Program for any violation of these Terms of Use or for any other reason, with or without notice.
10.6. Modification
10.6.1. We may modify these Affiliate Program Terms and Conditions at any time, and such modifications will be effective immediately upon posting on our Website.
10.7. Disclaimer
10.7.1. We make no warranties or representations regarding the potential income or success that may be achieved through the Affiliate Program. Your success as an affiliate depends on various factors, including your marketing efforts and the demand for our Service and/or products.
10.8. Miscellaneous
10.8.1. These Terms of Use constitute the entire agreement between you and us concerning the Affiliate Program and supersede all prior or contemporaneous agreements, understandings, and representations.
10.8.2. If any provision of these terms is found to be unenforceable, the remaining provisions will remain in effect.
By participating in the Affiliate Program, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them. If you do not agree with any part of these terms, you should not participate in the Affiliate Program.
For any questions or concerns regarding the Affiliate Program or these terms, please contact hello@bright.live
Last Updated: Jan 01, 2024
DMCA Policy
We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content on our Website and/or Service infringes your copyright, you may submit a DMCA takedown notice to our designated agent. Please note that we may remove allegedly infringing content in response to a valid DMCA takedown notice and that we may terminate the accounts of users who repeatedly infringe the copyrights of others.
To file a DMCA takedown notice, please provide our designated agent with the following information:
a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf; and
b) Identification of the copyrighted work claimed to have been infringed; and
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; and
d) Your contact information, including your name, address, telephone number, and email address; and
e) A statement that you have belief, in good faith, that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated agent for DMCA takedown notices can be reached at:
Email: hello@bright.live, Subject: DMCA Notice
If you believe that your content has been wrongly removed in response to a DMCA takedown notice, you may file a counter-notice with our designated agent. The counter-notice must include:
a) Your physical or electronic signature; and
b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and
c) A statement under penalty of perjury that you have belief, in good faith, that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
d) A statement with your name, address, and telephone number, that you consent to the jurisdiction of the federal district court for the judicial district in which you are located, or in which we are located, and that you will accept service of process from the person who filed the DMCA takedown notice or an agent of such person.
Our designated agent for DMCA counter notices can be reached at:
Email: hello@bright.live, Subject: DMCA Counter Notice
We will promptly provide a copy of the counter-notice to the person who filed the DMCA takedown notice, and we will restore the allegedly infringing content within 10 to 14 business days unless the copyright owner files an action seeking a court order to restrain the user from engaging in infringing activity related to the content on our Website and/or Service.
AI Supplementary Terms
Our Service may use artificial intelligence (AI) algorithms by us or by third parties and tools and algorithms to process user data, including but not limited to machine learning, natural language processing, and image recognition (all together "AI Functions").
By using our Service, you acknowledge and agree to the following:
12.1. Data Collection: By using the AI Functions we may collect and process your data for the purpose of improving our Service and enhancing user experience. However, we do not use your data or permit others to use your data to train the machine learning models used to provide the AI Functions.
12.2. Accuracy and Reliability: While we and the third parties strive to make the AI Functions as accurate and reliable as possible, please note that they may not be perfect, accurate, and reliable, as well as may not be unique just for you. You acknowledge and agree that the AI Functions are not intended to be used as a substitute for human judgment and that you are solely responsible for any decisions you make based on the results of the AI Functions. You are solely responsible for the use, content, operation, maintenance, development, and consequences of your usage of the AI Functions in our Service, and their outputs.
12.3. Data Privacy: We take data privacy seriously, and we are committed to protecting your personal information in accordance with applicable data protection laws and regulations. Please refer to our Privacy Policy for more information on how we collect, use, and store your personal data.
12.4. Prohibited Uses: You agree not to use the AI Functions for any illegal, unethical, or discriminatory purposes. This includes, but is not limited to, using AI Functions to generate content that is defamatory, harassing, or infringes on the intellectual property rights of others. You may not use the AI Functions, and/or our prompting and/or our way of presenting them (i) to develop foundation models or services or large-scale models that compete with us; (ii) to mislead any person that the output from the AI Functions was solely human generated; (iii) to generate spam or content for dissemination in electoral campaigns, or (iv) in a manner that violates any technical documentation, usage guidelines, or parameters.
12.5. Disclaimer of Liability: You acknowledge and agree that we shall not be liable for any damages or losses arising from your use of the AI Functions, including but not limited to, loss of profits, loss of data, or any direct, indirect, incidental, special, or consequential damages. Our third-party provider for the AI Functions is OpenAI, and if you choose to use the AI Functions in our Service, you may not use them in a manner that violates any of OpenAI’s Policies. You should read their policies here: (a) https://openai.com/policies/usage-policies (b) https://labs.openai.com/policies/content-policy (c) https://openai.com/policies/sharing-publication-policy. If you do not agree with their policies, you may not use any of the AI Functions in our Service. You will be informed when it is an AI Function by noticing the words Bright AI.
By using AI Functions in our Service, you agree to be bound by these AI Supplementary Terms, as well as our Terms of Use and Privacy Policy. If you do not agree with any of these terms, please do not use our Service.
WARRANTY DISCLAIMER REGARDING THE AI FUNCTIONS: WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE AI FUNCTIONS OR OUTPUTS OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE AI FUNCTIONS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY AI FUNCTIONS IN OUR SERVICE IS DONE AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT-CHECKING THEIR ACCURACY. OUTPUTS AND OUTCOMES THAT APPEAR ACCURATE BECAUSE OF THEIR DETAIL OF SPECIFICITY MAY STILL CONTAIN INACCURACIES. WE CAN NOT DYNAMICALLY RETRIEVE INFORMATION, AND OUTPUT AND OUTCOMES MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE AI MODEL WAS TRAINED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
No Warranty
13.1. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF THE SERVICE OR ANY CONTENT. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICE PERFORMED OR PROVIDED BY OR THROUGH, THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND/OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY OF THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
13.2. FURTHERMORE, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE THAT YOU MAY SUFFER OR INCUR AS A RESULT OF INDIRECT LOSSES; SHORTCOMINGS IN THE SERVICE OR PROBLEMS WITH INTERNET COVERAGE (INCLUDING SUDDENLY INTERRUPTED SERVICE); WEBSITE CONTENT OR INFORMATION ACCESSED ON OUR WEBSITE OR WHILE USING OUR SERVICE; INFORMATION OR COMMUNICATION THAT IS BLOCKED BY A SPAM FILTER; TERMINATION OR SUSPENSION OF YOUR OWN OR ANY LINKEDIN ACCOUNTS YOU CONNECT AND/OR USE WITH OUR SERVICE; DAMAGE TO YOUR COMPUTER, PHONE, OR DAMAGE TO, OR LOSS OF INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR THE LIKE, AS A RESULT OF THE CRASH, WHETHER THIS IS MALICIOUS ATTACKS, VIRUSES, ETC. OR FAILURE OF OUR SUPPLIERS; FORCE MAJEURE CONDITIONS (E.G. WEATHER-RELATED PHENOMENA, FIRE, EARTHQUAKE, HURRICANE, ETC.), RIOT, STRIKE, WAR, TERRORISM OR GOVERNMENT ORDERS OR ACTS.
Limitation of Liability
14.1. YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SERVICE AND ANY RELIANCE UPON EITHER ARE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR THE PARTIES ASSOCIATED WITH US BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION AND/OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT NEGLIGENCE OR OTHERWISE) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWNTIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE, AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SERVICE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE APPLICABLE CLAIM, IF ANY, OR (B) ONE DOLLAR ($1.00). IT IS THE INTENTION OF YOU AND US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
14.2. ANY VIOLATIONS OF LINKEDIN'S USER AGREEMENT AND OTHER LINKEDIN POLICIES CAN RESULT IN WARNINGS AND TEMPORARY AND/OR PERMANENT BANS OF USER ACCOUNTS. BY USING OUR SERVICE, YOU AGREE THAT THE USE IS AT YOUR OWN RISK AND WE WILL BE HELD HARMLESS FROM CLAIMS FOR ANY RESULTING WARNINGS, LOSS OF DATA, OR BANNED ACCOUNTS.
Third-Party Service or Content
15.1. While using the Service and/or the Website, you may view content or service/s provided by third parties, including advertisements.
15.2. We do not control, endorse, or adopt such content or service/s, and they may not always be accurate or current.
15.3. Without derogating from the generality of the foregoing, it is emphasized that all content provided by third parties is not provided by us or by anyone on our behalf, and we do not control, endorse, or adopt any such content.
15.4. Accordingly, we recommend that you independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.
Links
16.1. The Website and/or the Service may contain links, content, advertisements, promotions, logos, and other materials to platforms, websites, or software that are controlled or offered by third parties (the “Links”). We caution you to ensure that you understand the risks involved in using such websites, software, platforms, or materials before retrieving, using, relying upon, or purchasing anything via these websites, platforms, or software or based on such materials. Such Links are provided solely for your convenience, and you agree that under no circumstances will you hold us liable for any loss or damage caused by the use of or reliance on any content, goods, or service available on other websites, platforms, or software.
16.2. The inclusion of Links in our Website and/or Service, is not an endorsement, authorization, sponsorship, affiliation, or any other connection between us or those websites, platforms, software, or their operators.
Miscellaneous
17.1. We may, at our sole discretion, amend, modify, or discontinue, from time to time, any of the Service and/or introduce a new Service. We shall not be liable for any loss suffered by you resulting from any such changes made and you shall have no claims against us in such regard.
17.2. In its sole discretion and at any time, we may discontinue, temporarily or permanently, providing the Service or any part thereof, including without limitation for technical reasons, security issues, legal requirements, or business reasons, without prior notice. In such an event, as a paid subscription user you will receive an applicable pro-rated refund.
17.3. We may perform maintenance of the Website and/or Service from time to time which may result in interruptions, delays, or errors. You acknowledge and agree that any maintenance, modification, suspension, or termination may be affected without prior notice.
17.4. We may modify these Terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page and any modifications shall be effective immediately upon such publication. By continuing to use the Website and/or the Service after any changes come into effect, you are deemed to agree to the revised Terms.
17.5. You agree that transmission of information to or from the Website and/or the Service does not create between you and us any relationship that deviates from that specified in these Terms.
17.6. These Terms and the Privacy Policy, as amended from time to time, constitute the only valid agreements between you and us, and no representation, promise, consent, or undertaking, whether written or oral, that is not included in the Terms or our Privacy Policy will be binding upon the parties.
17.7. These Terms and the relationship between you and us shall be governed by, and construed and interpreted in accordance with, the laws of the state of Delaware, and you irrevocably submit to the exclusive jurisdiction of the competent courts of the state of Delaware, with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms and the relationship between you and us.
17.8. No failure or delay on our part in exercising any right, power, or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
17.9. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under Applicable Law, then such provision shall be excluded from these Terms and the remainder of these Terms shall be interpreted as if such provision was so excluded, and shall be enforceable in accordance with its terms, provided, however, that in such event, these Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by Applicable Law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
17.10. We may transfer or assign any and all of our rights and obligations hereunder to any third party. Without derogating from the above, the Website and/or any of the Service may be operated by third parties. You may not transfer, assign, or pledge in any manner whatsoever any of your rights or obligations under these Terms.
We wish you happy and safe content creation.
