1. AGREEMENT TO TERMS

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1.1 Welcome to ExpAI.

These Terms of Service ("Agreement") are entered into between you ("User," "you," or "your") and ExpAI ("we," "us," or "our"). This Agreement sets forth the terms and conditions that govern your use of the ExpAI website and services (collectively referred to as the "Service").

By accessing or using the Service, you agree to comply with and be bound by the terms and conditions outlined in this Agreement. If you do not agree with any part of these terms, you may not access or use the Service.

Please read this Agreement carefully before using ExpAI. If you have any questions or concerns regarding these terms, please contact us at buckley@expai.cc.

 

 

1.2 Changes to Terms

We reserve the right to modify or replace these terms at any time. It is your responsibility to review these terms periodically for changes. Your continued use of the Service after any changes to these terms constitutes acceptance of those changes.

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2. INTELLECTUAL PROPERTY RIGHTS
 

2.1 Ownership
The website and its original content, features, and functionality are owned by ExpAI and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

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2.2 License
Subject to your compliance with these Terms of Service, ExpAI grants you a non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes. This license does not transfer any ownership rights to you.

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2.3 User Content
By submitting content to ExpAI, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content. This license is solely to operate, promote, and improve the Service.

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2.4 Trademarks
The name, logo, and any other trademarks used in connection with the Service are trademarks of ExpAI. You may not use these trademarks without the prior written consent of ExpAI.

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3. USER REPRESENTATIONS
 

3.1 Eligibility
You are at least 18 years old and have the legal capacity to enter into this Agreement. If you are accessing the Service on behalf of an entity, you also represent that you have the authority to bind that entity to this Agreement.

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3.2 Accuracy of Information
All information you provide to ExpAI is accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account.

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3.3 Compliance with Laws
Your use of the Service complies with all applicable laws and regulations. You agree not to use ExpAI for any unlawful purpose or in any way that violates the rights of others.

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3.4 Prohibited Conduct
While using ExpAI, you are strictly prohibited from engaging in the following conduct:

• Violation of Laws: Violating any applicable local, state, national, or international laws or regulations.

• Offensive Content: Posting, sharing, or engaging in any activity that involves offensive, obscene, discriminatory, or illegal content. This includes content that promotes violence, hatred, or harm towards any individual or group.

• Interference with Service: Attempting to interfere with the proper functioning of ExpAI. This includes any action that disrupts, manipulates, or compromises the integrity or security of our systems.

• Unauthorized Access: Engaging in any unauthorized access to our systems, data, or user accounts. This includes attempting to probe, scan, or test the vulnerability of our systems without proper authorization.

• Spamming: Sending unsolicited messages, promotions, or any form of spam to other users of ExpAI.

• Misuse of User Data: Misusing or attempting to misuse user data obtained through the Service, including but not limited to unauthorized sharing or selling of user information.

• Intellectual Property Violations: Violating intellectual property rights, including the unauthorized use or reproduction of content protected by copyright, trademark, patent, or other proprietary rights.

• Impersonation: Impersonating any person or entity, falsely claiming an affiliation with any person or entity, or accessing the accounts of others without permission.

• Disruptive Behavior: Engaging in disruptive behavior that hinders the experience of other users, such as trolling, harassment, or the creation of multiple accounts for abusive purposes.

Users found in violation of these prohibited conducts may face immediate suspension or termination of their account without prior notice.

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4. SUBSCRIBE

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4.1 Payment Method

The website uses Stripe as the payment and plan management service. When you subscribe to ExpAI, you agree to provide accurate and complete payment information. You authorize us to charge your payment method through Stripe for the subscription and any additional purchases made through the Service.

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4.2 Monthly Renewal:

As part of your subscription, you will purchase tokens each month. These tokens serve as the currency for accessing specific features within ExpAI. The number of tokens purchased will be specified in your selected subscription plan. Note:

• Tokens are automatically replenished when the subscription is renewed.

• Unused monthly tokens do not roll over.

• Extra Package: 

• • ​If you exhaust monthly tokens before the billing period ends, you can purchase an additional package to get more tokens.

  • Tokens purchased through the extra package remain valid until they are fully consumed.

• Token Consumption Priority: If you have multiple plans, the order of token consumption is as follows: ExpAI Extra Package --> ExpAI Pro plan --> ExpAI Premium plan --> ExpAI Business plan.​

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4.3 Plan Switching

When you switch plans, the original plan cannot be automatically canceled. You are responsible for manually canceling any plans you no longer wish to use.

 

4.4 Cancellation

You can cancel your subscription to ExpAI at any time. Upon cancellation, you will continue to have access to the Service until the end of your current billing period, and any unused tokens will not be refunded.

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4.5 Refunds

Refunds are not allowed. Reserved GPU resources are high-cost for your service.

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5. TERMINATION

 

ExpAI reserves the right to terminate or suspend your account and access to the Service at our sole discretion, without prior notice, for any reason, including but not limited to:

• Violation of Terms: Breach of any terms and conditions outlined in this Agreement or any applicable laws.

• Prohibited Conduct: Engagement in prohibited conduct, as detailed in Section 3.4 (Prohibited Conduct) of these Terms of Service.

• Payment Issues: Failure to make payment for subscription fees or any outstanding amounts owed.

• Abuse of Resources: Abuse or misuse of ExpAI resources, including using robots, abnormal excessive usage, etc.

Upon termination, you will lose access to the Service, and no refunds will be provided for subscription fees or unused tokens.

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6. GOVERNING LAW

These Terms of Use and your use of the Site and the ExpAI are governed by and construed under the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

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7. DISCLAIMER

THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR 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 SITE AND THE MARKETPLACE OFFERINGS 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 SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE 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 SITE, (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 SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE 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 SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, 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.

8. LIMITATIONS OF LIABILITY

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 SITE OR THE MARKETPLACE OFFERINGS, 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 LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US  DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD. 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.

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9. CONTACT US

To resolve a complaint regarding the Site to receive further information, please contact us at:

ExpAI LLC
1401 21ST ST, STE R
SACRAMENTO, CA, 95811
United States
buckley@expai.cc

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