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Nexly AI Terms and Conditions

Effective Date: June 3, 2025

1. Introduction

Welcome to Nexly AI (referred to as "Nexly AI," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Nexly AI website (https://nexly.eu) and any related services, including but not limited to, any AI-powered tools, features, and functionalities (collectively, the "Service"). By accessing or using the Service, you ("you" or "User") agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

2. Account Registration

2.1. Eligibility: You must be at least 16 years old to use the Service. By registering for an account, you represent and warrant that you are at least 16 years old.
2.2. Account Creation: To access certain features of the Service, particularly those involving AI-powered tools, you may be required to create an account. 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. This includes providing necessary information for personalization and effective use of the AI features.
2.3. Account Security: You are responsible for safeguarding your password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with these requirements. We recommend creating a strong, unique password.
2.4. Account Termination: We reserve the right to terminate or suspend your account and access to the Service at any time, for any reason, including, but not limited to, a breach of these Terms. This includes actions that negatively impact the performance or ethical considerations of our AI systems.

3. Use of the Service

3.1. Permitted Use: You may use the Service, including the AI-powered features, for lawful purposes only. You are responsible for your own use of the Service and for any content you submit or transmit through the Service, including any prompts, inputs, or requests given to our AI systems.
3.2. Prohibited Use: You agree not to:
* Use the Service, or any of its AI components, for any illegal or unauthorized purpose.
* Interfere with or disrupt the Service or servers or networks connected to the Service. This includes attempts to overload or compromise the AI models.
* Attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service.
* Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission. This includes attempting to bypass security measures of the AI systems.
* Submit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. This includes intentionally generating harmful content or using the AI to create such content.
* Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. This includes attempting to manipulate the AI by using false identities.
* Transmit any viruses, worms, Trojan horses, or other harmful computer code, files, or programs. This includes attempting to inject malicious code into the AI models or systems.
* Attempt to reverse engineer, decompile, or disassemble any part of the Service, including the AI models and algorithms.
* Use the AI models to develop, train, or improve other AI models, except as expressly permitted by us in writing.
* Use the Service in any way that could be detrimental to our reputation, business, or the responsible development and deployment of AI.
3.3. Content & AI Generated Output:
* You retain ownership of any content you submit or transmit through the Service.
* By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the Service, including for the purpose of improving our AI models.
* We are not responsible for the content submitted by Users. We reserve the right to remove any content that violates these Terms or which, in our sole discretion, is deemed harmful, unethical, or in violation of our AI principles.
* AI-Generated Output: The Service generates output using artificial intelligence. You acknowledge and agree that:
* Output is for informational purposes only: The output provided by the AI is for informational purposes only and should not be considered professional advice. You are responsible for verifying the accuracy and suitability of the AI-generated output.
* Output may be imperfect: The AI models are constantly learning, and the output may not always be accurate, complete, or up-to-date. There is a risk of incorrect, biased, or offensive output.
* Use at your own risk: You use the AI-generated output at your own risk. We are not responsible for any decisions made or actions taken based on the output.
* Output may be subject to copyright: The copyright of the AI-generated output is determined by factors including, but not limited to, your prompts and the context of the generation. We make no guarantee regarding copyright ownership. You are solely responsible for determining and adhering to applicable copyright laws.
* Prompt Restrictions: You agree not to use prompts that: violate any laws, are hateful, discriminatory, promote violence, or are otherwise harmful. We reserve the right to block or filter prompts at our discretion.
* Model Limitations: The AI models have limitations. They may not be able to answer all questions or generate content on all topics. We reserve the right to change the models, tools, or features at any time.

4. Intellectual Property

4.1. Ownership: The Service and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and the underlying AI models and algorithms are owned by Nexly AI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2. Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. This license does not include the right to copy, modify, distribute, sell, or lease any part of the Service, including the AI models.
4.3. Trademarks: The Nexly AI name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Nexly AI or its affiliates or licensors. You must not use such marks without the prior written permission of Nexly AI.

5. Disclaimer of Warranties

5.1. No Warranty: The Service, including the AI-powered features, is provided on an "as is" and "as available" basis. We make no warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.2. Accuracy: We do not warrant that the Service, including the AI-generated output, will be uninterrupted, error-free, or free of viruses or other harmful components, nor do we make any warranty regarding the accuracy, reliability, or completeness of the content or AI outputs. We do not guarantee the AI will produce results in line with your expectations. We are not responsible for the quality of AI output.
5.3. AI Performance: We do not guarantee that the AI models will always be available or that the results generated will be accurate, complete, reliable, or suitable for any purpose. The performance of the AI models is subject to change and may be affected by various factors, including data availability, user input, and system limitations.

6. Limitation of Liability

6.1. Limitation: In no event shall Nexly AI, its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
* Your access to or use of or inability to access or use the Service, including the AI-powered features and their outputs.
* Any conduct or content of any third party on the Service.
* Any content or output obtained from the Service, including any inaccuracies or biases.
* Unauthorized access, use, or alteration of your transmissions or content, even if we have been advised of the possibility of such damages.
* Any reliance on AI-generated output.
* Any decisions made or actions taken based on AI-generated output.
6.2. Maximum Liability: In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you paid, if any, for accessing the Service during the twelve (12) months prior to the event giving rise to the liability.

7. Indemnification

You agree to defend, indemnify, and hold harmless Nexly AI, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
* Your use of and access to the Service, including the AI-powered features.
* Your violation of any term of these Terms.
* Your violation of any third-party right, including without limitation any copyright, property, or privacy right related to your use of the Service or generated outputs.
* Any claim that your content or the use of AI-generated output caused damage to a third party.
* Any claim related to your prompt engineering or misuse of the AI models.

8. Modifications to the Service and Terms

8.1. Service Modifications: We reserve the right to modify or discontinue the Service (or any part thereof), including the AI-powered features, with or without notice to you. This may include changes to the AI models, algorithms, or tools.
8.2. Term Modifications: We may modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on the website and updating the "Effective Date" above. Your continued use of the Service after the Effective Date constitutes your acceptance of the revised Terms. Your ongoing use of the AI features signals your acceptance of the current models, and their limitations.

9. Governing Law and Dispute Resolution

9.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
9.2. Dispute Resolution: Any dispute arising out of or relating to these Terms or the Service shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Los Angeles, California.

10. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. We may also terminate your account if we believe, in our sole discretion, that your use of the Service, especially the AI components, is harmful, unethical, or poses a risk to our business or reputation.

11. Miscellaneous

11.1. Entire Agreement: These Terms constitute the entire agreement between you and Nexly AI regarding the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Service.
11.2. Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
11.3. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
11.4. Assignment: You may not assign these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign these Terms without your consent.
11.5. Contact: If you have any questions about these Terms, please contact us at info@nexly.eu.

12. AI-Specific Provisions

  • Model Updates: We reserve the right to update, change, or modify the AI models and algorithms used by the Service at any time. These changes may impact the output you receive. We encourage you to review the Terms regularly.

  • Feedback: We welcome your feedback on the AI-powered features. However, any feedback you provide may be used by us to improve the Service without any obligation to you.

  • Responsible Use: You are responsible for the ethical and responsible use of the AI features. You must not use the AI to generate content that could be harmful, malicious, or discriminatory.

  • Bias Mitigation: We strive to mitigate bias in our AI models, but we cannot guarantee that the output will be free from bias. You should always review the AI-generated content and be aware of the potential for bias.

  • Performance and Availability: We strive to maintain the availability and performance of the AI-powered features. However, we do not guarantee that the Service will be available at all times, or that it will generate results that meet your expectations.

  • Monitoring: We may monitor your use of the Service, including your prompts and the output you generate, to ensure compliance with these Terms and to improve the Service.

  • No Guarantee of Results: We provide no guarantee regarding results produced by the AI. Results should be considered as guidance only.

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