Terms and Conditions

Last Updated: January 25, 2024

Introduction: These Terms and Conditions ("Terms") govern your use of the Proen AI platform, an AI-driven tool for content generation including but not limited to blog creation, SEO content, and proposal generation, offered by Proen AI ("Company", "we", "us", "our"). By accessing or using our platform, you agree to be bound by these Terms.

Eligibility: To use Proen AI, you must be at least 18 years old or the age of majority in your jurisdiction. The platform is not intended for users under 18 years of age.

Account Registration: Users must register for an account to access Proen AI's full features. 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.

User Responsibilities: Users are responsible for maintaining the confidentiality of account information, including passwords, and for all activities that occur under their account. You agree to notify us immediately of any unauthorized use of your account.

Use of the Platform: Proen AI provides AI-driven content generation tools and services. You agree to use these services in compliance with all applicable laws, rules, and regulations. The Company grants you a limited, non-exclusive, non-transferable, and revocable license to use the platform for its intended purpose.

User-Generated Content: You retain ownership rights to the content generated using Proen AI. However, by generating content, you grant the Company a worldwide, perpetual, irrevocable, royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content for the purpose of operating, promoting, and improving our services.

Prohibited Use: You may not use Proen AI for any unlawful purpose or in any manner inconsistent with these Terms. This includes but is not limited to copyright infringement, creating defamatory content, or engaging in fraudulent activities.

Third-Party Services: Proen AI may contain links to third-party websites or services that are not owned or controlled by the Company. We assume no responsibility for the content, policies, or practices of any third-party sites or services.

Fees and Payments: Certain features of Proen AI may require payment. We will provide details of any charges and payment terms at the point of purchase. All fees are non-refundable except as required by law.

Subscription and Renewal: Some services of Proen AI may be offered on a subscription basis. Subscriptions will automatically renew at the end of each subscription period unless canceled beforehand. You agree to be billed for the renewal term through the payment method on file.

Cancellation Policy: Users can cancel their subscription to Proen AI at any time. The cancellation will take effect at the end of the current billing cycle, and you will retain access to the service until then. No refunds are provided for any remaining period of the subscription.

Intellectual Property Rights: The Company owns all rights, title, and interest in and to the Proen AI platform and all hardware, software, and other items used to provide the services, including all associated intellectual property rights. No rights are granted to you other than as expressly set forth herein.

Disclaimers: The services of Proen AI are provided on an "as is" and "as available" basis. The Company does not guarantee that the service will function without interruption or errors. The effectiveness of Proen AI’s content generation depends on various factors outside our control.

Use of AI for Content Generation: Proen AI utilizes OpenAI's GPT technology for content generation. Users should be aware that while we provide predefined prompts to guide content creation, the AI-generated content may not always perfectly align with user expectations or be entirely accurate. Users are encouraged to review and modify the AI-generated content as necessary to ensure it meets their specific requirements.

Intellectual Property Rights in AI-Generated Content: The intellectual property rights of content generated using OpenAI's GPT through Proen AI are subject to the terms of use of OpenAI. Users are granted a license to use AI-generated content with the understanding that such content is for their personal or business use and should not infringe on the rights of third parties.

Disclaimer for AI-Generated Content: Proen AI provides AI-generated content using OpenAI's GPT and DALL-E technologies. While we strive for accuracy and relevance, Proen AI disclaims any liability for inaccuracies, errors, or the appropriateness of the AI-generated content. Users are responsible for the final use and verification of the content generated.

Use of Images from DALL-E and Unsplash: Images generated through Proen AI may be sourced from DALL-E, an AI system by OpenAI, and Unsplash. These images are provided under specific terms and conditions of use. Users are responsible for adhering to these terms and ensuring that any use of such images complies with applicable copyright and licensing laws.

Limitation of Liability: To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to, use of, or inability to access or use the services; (b) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or (c) unauthorized access, use, or alteration of your transmissions or content.

Indemnification:

1. User's Indemnification Obligation: You agree to indemnify, defend, and hold harmless Proen AI, its affiliates, officers, directors, employees, agents, licensors, and service providers ("Indemnified Parties") from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions, your use of the Proen AI platform, including, but not limited to, your User Content, your violation of any rights of another, or your use of any product or service related to the Proen AI platform.

2. Scope of Indemnification: This indemnification obligation includes, but is not limited to, any claim or demand made by any third party due to or arising out of your use of the Proen AI platform, your breach of these Terms and Conditions, your violation of any law or the rights of a third party, or any content that you post or make available through the Proen AI platform, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

3. Process of Claim Handling: In the event of a claim subject to indemnification hereunder, the Indemnified Parties will provide you with prompt notice of the claim, and you will have the right to control the defense and settlement of the claim. However, the Indemnified Parties may participate in the defense and settlement of the claim with counsel of their own choosing at their own expense. You shall not settle any claim without the prior written consent of the Indemnified Parties, which shall not be unreasonably withheld, if such settlement arises from or is part of any criminal action, suit, or proceeding or contains a stipulation to or admission or acknowledgment of, any wrongdoing (whether in contract, tort, or otherwise) on the part of any of the Indemnified Parties.

4. Limitation on Liability: This indemnification is in addition to, and not in lieu of, any other indemnities set forth in any written agreement between you and Proen AI.

Modification of Terms: The Company reserves the right to modify these Terms at any time. We will provide notice of any significant changes by posting the new Terms on our platform or through other means of communication. Your continued use of the Proen AI platform after such modifications will constitute acknowledgment and agreement to the modified Terms.

Governing Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Proen AI platform will be resolved in the courts of Canada.

Termination: The Company reserves the right to terminate or suspend your account and bar access to the Proen AI services 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 Proen AI service will cease immediately.

Data Protection and Privacy: Your use of Proen AI is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. By using the platform, you agree to the collection and use of your information in accordance with our Privacy Policy.

Contact Information: For any questions about these Terms and Conditions, please contact us at support@proen.io.

Miscellaneous: If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding the use of Proen AI and supersede and replace any prior agreements we might have between us regarding the Service.