Terms of Service (“Terms”)
Our Terms of Service were last updated on November 6, 2023
Please read these terms and conditions carefully before using Our Service.
These Terms of Use (hereinafter “Terms”) form a legal agreement between You and Digital Muzes LLC (hereinafter “Digital Muzes”). These Terms govern your use of or access to the services offered by Digital Muzes and the associated documentation (hereinafter “Service(s)”) via this website from time to time. By clicking on the accept button or by accessing or using the Service, you confirm that you are of legal age to accept and to be bound by these Terms and the terms in the Privacy Policy incorporated herein by reference.
If you do not agree to these terms, then please do not access or use the Platform and Services.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Service:
- “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- “Account” means a unique account created for You to access our Service or parts of our Service.
- “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Digital Muzes LLC.
- “Country” refers to the United States of America
- “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- “Service” refers to the Website.
- “Terms of Service” (also referred as “Terms”) mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
- “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- “Website” refers to simonsaid.ai
- “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
License Grant
Subject to the provisions of these Terms and your payment of Fees, Digital Muzes grants to you a non-exclusive, non-transferable, non-sublicensable right to access and use the Platform and/or Services for your business purposes only (“License”).
Eligibility
You should be of legal age of majority in the country where you are creating your account to access or use the Platform/Services.
If you are representing an educational institution or using these Services for educational purposes, you shall be responsible for your compliance with the children’s privacy laws in your state, and you agree to obtain parental consent if you are setting up students’ accounts on behalf of your students who are under the legal age.
If you are representing a company, organization, or other legal entity, then you agree to these Terms for that entity and represent to Digital Muzes that you have the authority to bind such entity to these Terms.
Fees, Payments, & Taxes
The fees for access and use of the Service will be billed to your credit card provided during the registration process at the beginning of every month. Except for the taxes on Digital Muzes net income, you are responsible for all sales, excise, VAT, and all other taxes associated with your use of the Services. Digital Muzes may increase the fees and bill your credit card for such increased Fees at any time and from time to time upon thirty (30) days prior notice to you.
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Content Ownership
You hereby grant to Digital Muzes an irrevocable, perpetual, non-exclusive, transferable, and worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt and distribute (through multiple tiers), the content solely for the purpose of providing the Services to you. Except for the right expressly granted to Digital Muzes herein, you do not grant any ownership rights to the content created by you to Digital Muzes. Digital Muzes respects your ownership rights in the content created or stored by you using the Services.
You may transmit or publish any content created by you using the Services. However, you shall be solely responsible for such content and the consequences of its transmission or publication. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services is provided to you AS IS for your information and personal use only, and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be.
Ownership & Intellectual Property Rights
Digital Muzes is not selling but is only granting a License to use the Services in accordance with these terms and conditions. Digital Muzes owns all rights and titles in the Service, including, without limitation any and all copyrights, trade secrets, trademarks, and other proprietary rights.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Personal Information
You are responsible for maintaining the confidentiality of your username, password, and other sensitive information that you provide to Digital Muzes while registering and using our Platform and/or Services. You are responsible for all activities that occur in your user account, and you agree to inform Digital Muzes immediately of any unauthorized use of your user account by email to [email protected]. Digital Muzes is not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account or otherwise.
Any information collected from you will be used by Digital Muzes in the process of providing the Services to you. Digital Muzes will use and protect your information as detailed in its Privacy Policy, and AI Chatbot Privacy Policy which is incorporated into these Terms by reference.
Except as outlined our Privacy Policy, Digital Muzes will not knowingly collect, use, or process any personal information of children under the legal age of majority.
Collection, Use, & Transfer of Your Data
- Digital Muzes collects your personal data as part of your registration process for the Services. Personal data means and includes any and all data indicating the identity of the person to whom it relates or data that can be used to identify a person.
- Digital Muzes will treat all your personal data as confidential data and will use it after obtaining consent from you for the purpose of providing the Services. By consenting to Digital Muzes’ use of your personal data, you also consent to the processing of your data on servers located outside your territory.
- Except for those circumstances detailed in Digital Muzes Privacy Policy and AI Chatbot Privacy Policy your personal data will not be passed on to third parties without obtaining your explicit consent.
- From time to time, Digital Muzes may offer the Services in conjunction with other companies. If you register for or use a service of this type, the other company will also receive the information collected by Digital Muzes in connection with this service and only to the extent required for providing its services. The companies concerned undertake to maintain the confidentiality of data thus transferred. These other companies shall be expressly prohibited from using your information for any other purposes.
- Additionally, your data may also be passed on to a service provider for processing payments within the scope of execution of these Terms.
- Digital Muzes may also transfer personal information, including the content of the user’s messages, for the following purposes:
- To meet statutory requirements or in response to complaints or legal proceedings,
- To protect the rights or property of Digital Muzes and its customers, including the enforcement of agreements or guidelines on the use of the services,
- To act on the justified assumption that such action is necessary to protect Digital Muzes’ employees, customers or the general public.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email [email protected] and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, PRODUCT LIABILITY, NEGLIGENCE, OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. EXCEPT AS PROVIDED IN THESE TERMS, DIGITAL MUZES SHALL NOT BE LIABLE FOR ANY LOSS RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES EVEN IF DIGITAL MUZES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
NOT WITHSTANDING ANY DAMAGES YOU MIGHT INCUR, THE ENTIRE LIABILITY OF DIGITAL MUZES AND ANY OF ITS OFFICERS, EMPLOYEES, SUPPLIERS AND AFFILIATES UNDER ANY PROVISION OF THESE TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL THE FOREGOING SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU IN THE MONTH OF THE ALLEGED INCIDENT AND IN NO EVENT SHALL DIGITAL MUZES’ ENTIRE LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS ARISING HEREUNDER EXCEED THE TOTAL AGGREGATE AMOUNT PAID BY YOU TO DIGITAL MUZES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE INITIATION OF SUCH CLAIM OR ACTION OR $100 USD IF YOU ONLY USED THE FREE TRIAL.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law & Dispute Resolution
These Terms shall be governed by the laws of the State of Washington without regard to its conflict of law principles. You hereby expressly agree to submit to the exclusive jurisdiction of the federal and state courts in the State of Washington, Whatcom County, for the purpose of resolving any dispute relating to these Terms or access to or use of the Service by you, your employees, your affiliates, agents or end-customers.
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in Whatcom County, Washington before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Severability and Waiver
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.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Indemnification
You agree to indemnify and hold harmless Digital Muzes, its officers, directors, employees, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims brought against Digital Muzes by a third party alleging that (i) your use of the Services or your data stored using the Services is in violation of these Terms, or is infringing or misappropriating the intellectual property rights of such third party; (ii) your use of the Services is in violation of any law, except where such use is authorized by Digital Muze.
Injunctive Relief
You agree that breach these Terms will give rise to irreparable harm and injury to Digital Muzes and leave Digital Muzes inadequately compensated in damages. Accordingly, Digital Muzes may seek and obtain injunctive relief against your breach or threatened breach, in addition to any other legal remedies. You further acknowledge and agree that this provision is necessary for the protection of Digital Muzes’ legitimate business interests and is reasonable in scope and nature.
Relationship of Parties
In performing any and/or all of Digital Muzes’ respective obligations under this License, Digital Muzes and You shall each operate as and have the status of being an independent contractor of the other party and neither party shall act as or be an agent or employee of the other party.
Use of Name & Logo
When you sign up or access the Services representing an entity, you hereby grant to Digital Muzes the right to use your entity’s trade name, trademark or service mark, whether registered or unregistered, in Digital Muzes’ marketing, sales, or other publicly available materials solely to identify you as a user of Digital Muzes’ Services. If you have any concerns in granting this right to use to Digital Muzes, you can write your concerns to us at [email protected] or [email protected].
Except as expressly stated herein, neither party shall use the other party’s trade names or trademarks without first obtaining written permission from the owning party.
Confidentiality
You acknowledge and agree that these Terms and the Service contain proprietary information of Digital Muzes (“Confidential Information”). You agree to maintain the confidentiality of the Confidential Information using at least the same degree of care that you will be using to maintain the confidentiality of your own most confidential information. Notwithstanding the foregoing, in the event that you are required by a valid court order or other governmental body to disclose Confidential Information, you may disclose such Confidential Information provided that you first give Digital Muzes prompt notice in order to enable Digital Muzes to have the opportunity to seek protection from such order of disclosure.
Third-Party Services or Non-Digital Muzes Services
Customer may choose to integrate, connect, or use Digital Muzes’ services with other services not directly provided by Digital Muzes and, in doing so, grants Digital Muzes permission to interoperate with these Non-Digital Muzes Services and share Customer Data and Customer Content with them as directed by Customer or the Non-Digital Muzes Services.
If Customer uses Third Party Service: (i) Customer warrants that if they use Digital Muzes’ Services to upload or make public Customer Content to Non-Digital Muzes Services, including but not limited to YouTube or Google Business Profile, that such Customer Content shall comply with the corresponding third-party terms of use (for example, Digital Muzes Services uses the API for uploading content to Non-Digital Muzes Services such as YouTube and Google. Please refer to their Terms of Service (ToS), Google Privacy Policy. Click Security Setting page to see what apps have access to your Google account) in effect and as updated from time to time; (ii) Digital Muzes does not warrant or support Non-Digital Muzes Services; (iii) Customer assumes all responsibility for the Non-Digital Muzes Services and any disclosure, modification or deletion of Customer Data by the Non-Digital Muzes Services; and (iv) Digital Muzes shall have no liability, and Customer is not relieved of any obligations under the Agreement or entitled to any refund, credit, or other compensation, due to any unavailability of the Non-Digital Muzes Services or any change in the ability of Digital Muzes to interoperate with the Third Party Services.
Changes to These Terms of Service
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms of Service, You can contact us:
By visiting our Contact page on our website:
By sending us an email: [email protected]