Terms of Use

Last updated: 14 March 2024

1. Introduction

Welcome to MailaAI. These Terms of Service ("Terms") govern your access to and use of the websites, products, APIs, software, tools, and other services (collectively, the "Services") provided by MailaAI ("MailaAI", "we", "us", or "our"). By accessing or using the Services in any manner, you ("you", "your", or "Customer") agree to be bound by these Terms, which form a legally binding agreement between you and MailaAI, effective as of the date you first access or use the Services.

Purpose and Scope

These Terms define the rights, responsibilities, and obligations of both you and MailaAI with respect to your use of the Services. They cover important topics such as acceptable use, intellectual property rights, payment terms, disclaimers and limitations of liability, and dispute resolution procedures. Please read these Terms carefully to ensure you fully understand the agreement.

Overview of Sections

The main sections of these Terms are as follows:

Parties

These Terms constitute an agreement between MailaAI, the Service provider, and you, the Customer accessing or using the Services. The Terms are effective and binding upon your first use of the Services.

Acceptance and Updates

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms referenced herein. MailaAI reserves the right to update or modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website or through other communication channels. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

Reference Documents

These Terms incorporate by reference our Privacy Policy and Acceptable Use Policy, which provide additional details on how we collect, use, and protect your data, as well as guidelines for appropriate use of the Services. By agreeing to these Terms, you also agree to adhere to the terms set forth in those policies.

Service Coverage

The Services covered under these Terms encompass all of MailaAI's websites, products, APIs, software, tools, and other functionalities offered by MailaAI. By using any part of the Services, you signify your agreement to these Terms in their entirety.


2. Changes to Terms

Revision and Updates

MailaAI reserves the right to modify, update, or replace any part of these Terms at its sole discretion. We may do so in response to changing legal, technical, or business requirements. It is your responsibility to check the Terms periodically for changes.

Acceptance of Updated Terms

Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Services.

Updates to Terms

We will provide notice of updates to the Terms through the Services, via email, or by other reasonable means. The notice will designate a reasonable period after which the updated Terms will take effect. For certain material changes to the Terms, we may require you to provide consent to the updated Terms before further use of the Services is permitted.

Site Information Accuracy

While we make every effort to provide accurate and up-to-date information on our websites, we make no representations or warranties about the completeness, accuracy, reliability, suitability, or availability of any information, products, services, or related graphics contained on the websites. Any reliance you place on such information is strictly at your own risk.

We reserve the right to modify the contents of our websites at any time, but we have no obligation to update any information on our websites. You agree that it is your responsibility to monitor changes to our websites.


3. Service Providers and Data Handling

MailaAI collaborates with various third-party service providers to ensure the efficient and secure delivery of our Services to you. These providers are carefully chosen for their expertise and capabilities in supporting the functionalities and features that MailaAI offers. It's important to note that in the process of delivering these services, your data may be processed or pass through the systems of these service providers. Below is a list of our key service providers:

  • OpenAI: Specializes in advanced AI technologies and models. Privacy Policy
    • Microsoft: Offers cloud computing services, including Azure, and various other technology solutions. Privacy Policy
  • Amazon Web Services (AWS): Provides a broad set of global cloud-based products. Privacy Policy
  • Google Cloud Platform (GCP): Offers a suite of cloud computing services. Privacy Policy
  • Anthropic: Focuses on AI safety and research. Privacy Policy
  • Vercel: A cloud platform for static sites and Serverless Functions. Privacy Policy

By using MailaAI's Services, you acknowledge and agree that your data may be processed by these service providers as part of the service delivery. MailaAI ensures that all service providers are compliant with our data protection standards and policies to safeguard your data's privacy and security.

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4. Age Requirements

Minimum Age

You must be at least 16 years old to access or use the Services. By accessing or using the Services, you represent and warrant that you are at least 16 years old.

Minor Use

If you are between the ages of 16 and 18 (or the age of legal majority in your jurisdiction), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

If you are a parent or legal guardian agreeing to these Terms for the benefit of a minor, you are fully responsible for their use of the Services, including all financial charges and legal liability that they may incur.

Parental Responsibility

By allowing a minor under your guardianship to use the Services, you agree to the Terms on behalf of the minor and are responsible for all use of the Services and any Content generated through the Services by the minor.


5. Registration and Access

Age Restrictions

  • Minimum Age Requirement: You must be at least 16 years old to use the Services.
  • Minor Usage Conditions: If you are between 16 and 18 years old, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Account Information

  • Accuracy Requirement: 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.
  • Credential Security: You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account.

Registration Requirements

To access certain features of the Services, you may be required to register for an account. You agree to provide accurate and complete information during the registration process and to update your information as necessary to keep it accurate and current.

Account Security and Responsibility

You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, please notify us immediately.

Account Termination

MailaAI reserves the right to terminate your account or your access to the Services at any time, for any reason, without notice or liability.

Closing an Account

You may close your account at any time by following the instructions provided in the Services. Closing your account does not relieve you of any obligations you may have incurred prior to closing your account or any obligations that may survive the termination of these Terms.


6. Usage Requirements

Service Utilization

  • Compliance: You agree to use the Services in compliance with these Terms, applicable laws, and any additional terms or policies referenced herein.
  • Ownership Rights: All rights, titles, and interests in and to the Services are and will remain the exclusive property of MailaAI and its affiliates.

Feedback Submission

  • Usage Rights: By submitting feedback, suggestions, or other information about the Services, you grant MailaAI a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback into the Services without restriction.

Usage Restrictions

  • Prohibited Activities: You agree not to use the Services for any unlawful, unauthorized, or prohibited purposes, including but not limited to:
    • Violating intellectual property rights
    • Engaging in fraudulent or deceptive activities
    • Distributing malware or other malicious code
    • Interfering with the integrity or performance of the Services
    • Attempting to gain unauthorized access to the Services or systems
    • Harassing, abusing, or threatening other users
  • API and Data Use Limitations: You agree not to use any automated means, including scripts, bots, or scrapers, to access the Services or extract data without express written permission from MailaAI.

Compliance with Policies

You agree to comply with MailaAI's Acceptable Use Policy and all other policies or terms referenced in these Terms when using the Services. Failure to comply may result in the suspension or termination of your access to the Services.

Prohibited Uses

You are prohibited from using the Services for any illegal, harmful, or offensive purposes, including but not limited to:

  • Infringing on intellectual property rights
  • Engaging in fraudulent or deceptive practices
  • Distributing malware, viruses, or other malicious code
  • Interfering with the proper functioning of the Services
  • Attempting to gain unauthorized access to MailaAI's systems or user accounts
  • Harassing, abusing, or threatening other users or individuals
  • Promoting hate speech, violence, or discrimination
  • Violating applicable laws or regulations

MailaAI reserves the right to investigate and take appropriate action against any suspected violations of these usage requirements, including suspending or terminating access to the Services.


7. Content

AI-Generated Content

  • Rights to Inputs and Outputs: You retain ownership of the data you input and the Outputs as the resulting content generated by our Services.

User-Generated Content

  • Rights to Your Content: You maintain full ownership of the content you create through our Services.

Service Improvement Use

  • API and Non-API Content: MailaAI does not use both API and non-API content submitted to the Services to train, develop, and improve its Services without your explicit consent.
  • Accuracy and Evaluation: MailaAI may thoroughly review and evaluate Outputs for accuracy, usefulness, and appropriateness before using them for any purpose.

Rights to Materials

You are responsible for the content of any materials you submit to the Services ("Materials"). By submitting Materials, you represent that you have all necessary rights to do so. MailaAI claims no ownership or control over your Materials, but by submitting them, you grant MailaAI certain rights to use them in connection with operating and improving the Services.

Personal Information Handling

Any personal information included in your Materials will be handled in accordance with MailaAI's Privacy Policy. By submitting Materials, you represent that you have the necessary rights and consents to include any personal information therein.

Nature of Outputs

Due to the nature of machine learning systems, Outputs generated by the Services in response to your Inputs may be similar or identical to Outputs generated for other users. MailaAI does not guarantee the uniqueness or exclusivity of any Outputs.

Reliance on Outputs

While MailaAI strives to provide useful and relevant Outputs, we make no representations or warranties regarding their accuracy, reliability, or appropriateness for any specific purpose. You are solely responsible for evaluating the Outputs and determining their suitability for your intended use.

Use of Materials by MailaAI

By submitting Materials to the Services, you grant MailaAI a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Materials in connection with operating, providing, maintaining, and improving the Services.

Content Similarity

  • Machine Learning Nature: Due to the machine learning techniques used by the Services, Outputs generated for different users may be similar or identical, even if the Inputs are not the same.

User Content Generation Policy

MailaAI is committed to fostering a safe, inclusive, and respectful environment for all users. To achieve this goal, we prohibit users from knowingly generating or allowing others to generate content that falls into the following categories:

Hate Speech and Discrimination

MailaAI does not tolerate content that promotes hatred, violence, or discrimination against any individual or group based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic. We firmly believe in the principles of equality and respect for all.

Illegal Activities

Users are strictly prohibited from generating content that is illegal or promotes illegal activities. This includes but is not limited to content related to drug trafficking, human trafficking, child exploitation, terrorism, and other criminal acts. MailaAI will cooperate with law enforcement authorities in investigating any suspected illegal activities.

Harassment and Bullying

MailaAI does not allow content that harasses, intimidates, or bullies others. We strive to create a welcoming environment where all users feel safe and respected. Any content that targets individuals or groups with the intention of causing distress, fear, or humiliation will not be tolerated.

Violence and Graphic Content

Content that promotes, glorifies, or celebrates violence, suffering, or humiliation is strictly prohibited. This includes graphic depictions of violence, gore, or cruelty. MailaAI believes in promoting peace and non-violence in all interactions.

Self-Harm and Eating Disorders

MailaAI does not allow content that promotes, encourages, or depicts acts of self-harm, such as suicide, self-injury, or eating disorders. We recognize the seriousness of these issues and aim to provide a safe space that does not contribute to the glorification or normalization of self-destructive behaviors.

Adult and Sexually Explicit Content

Users are prohibited from generating content meant to arouse sexual excitement or promote sexual services, with the exception of educational and wellness-related content. MailaAI aims to maintain a platform that is appropriate for all audiences and does not allow the generation of pornographic or sexually explicit material.

Privacy Violations

MailaAI respects the privacy rights of all individuals. Users are not permitted to generate content that violates the privacy of others, such as sharing personal information, images, or videos without the explicit consent of the individuals involved. We prioritize the protection of personal privacy and expect our users to do the same.

Spam and Unsolicited Content

Users are prohibited from generating unsolicited bulk content or engaging in spamming activities. This includes generating content for the purposes of advertising, phishing, or distributing malware. MailaAI strives to maintain a clean and clutter-free environment for all users.

Deception and Disinformation

MailaAI does not allow content that is false, misleading, or intended to deceive others. This includes attempts to defraud individuals, spread disinformation, or engage in other deceptive practices. We value honesty and transparency in all user interactions.

Malware and Harmful Software

Users are strictly prohibited from generating content that attempts to create or distribute ransomware, keyloggers, viruses, or any other software designed to cause harm or impose unauthorized control over computer systems. MailaAI takes the security and integrity of our platform and user devices seriously.

Medical Advice and Information

MailaAI does not allow content that provides medical advice or promotes specific medical treatments, unless generated by qualified healthcare professionals. We encourage users to consult with licensed medical practitioners for their healthcare needs and to rely on credible sources for medical information.

Religious Content

Users are prohibited from generating content that promotes or denigrates any religion or religious beliefs. MailaAI respects the diversity of religious views and aims to maintain a neutral stance on matters of faith. We encourage respectful dialogue and the peaceful coexistence of different belief systems.

Political Influence and Campaigns

MailaAI does not allow content intended to influence political elections or manipulate public opinion. We believe in the importance of free and fair democratic processes and do not permit the use of our platform for political campaigning, lobbying, or the spread of propaganda.

By using MailaAI's services, you agree to adhere to this User Content Generation Policy. MailaAI reserves the right to remove any content that violates these guidelines and to take appropriate action against users who engage in prohibited behavior, up to and including account termination. Let's work together to create a positive and respectful community for all.


8. Ownership of Services

Rights and Titles

MailaAI and its licensors own all rights, titles, and interests in and to the Services, including all intellectual property rights. Your use of the Services does not grant you any ownership or rights in the Services.


9. Fees and Payment

Billing Process

  • Fee Structure: MailaAI charges fees for certain aspects of the Services. You agree to pay all fees associated with your use of the Services at the rates and frequencies specified by MailaAI.
  • Billing Information: You must provide accurate and authorized payment information to MailaAI to facilitate the billing process. You are responsible for keeping this information up to date.

Tax Responsibilities

  • User Obligation: You are responsible for paying any taxes, levies, duties, or similar governmental assessments associated with your use of the Services, including but not limited to value-added, sales, use, or withholding taxes.

Pricing Adjustments

  • Notification of Changes: MailaAI reserves the right to change its prices and fees at any time. We will provide reasonable notice of any price changes, and the updated prices will apply to subsequent billing cycles after the effective date of the change.

Payment Disputes and Delinquencies

  • Dispute Resolution: If you believe there has been an error in billing, please contact MailaAI immediately. MailaAI will investigate the issue and make corrections as appropriate.
  • Late Payment Consequences: If your payment is more than 30 days overdue, MailaAI reserves the right to suspend your access to the Services until payment is received. Overdue payments may be subject to interest charges at the rate of 1.5% per month or the highest rate permitted by law, whichever is less.

Service Fees

Your use of the Services may be subject to fees, which will be clearly communicated to you prior to incurring any charges. By using the Services, you agree to pay all applicable fees in accordance with the billing terms in effect at the time.

Payment Methods and Responsibilities

MailaAI offers various payment methods for your convenience. Depending on the Service, fees may be charged on a recurring basis (e.g., monthly or annually) or on a per-usage basis. You are responsible for maintaining accurate and up-to-date payment information and for paying all fees in a timely manner.

Additional Fees and Subscriptions

Certain features or aspects of the Services may require additional fees or subscriptions. These will be clearly described, and your explicit consent will be obtained before any additional charges are incurred. You may cancel additional subscriptions in accordance with the cancellation terms provided.

Subscription Management

  • Subscription Types: MailaAI offers various subscription plans for its Services. Details of these plans, including benefits, limitations, and pricing, are available on our website.
  • Subscription Changes: You can upgrade or downgrade your subscription plan at any time through your account settings. Changes to your plan will take effect after payment is processed.
  • Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle unless you cancel your subscription before the renewal date.

Refund Policy

General Policy: MailaAI offers a 14-day money-back guarantee for new subscription purchases. If you are not satisfied with the Services for any reason, you can request a full refund within 14 days of your purchase. Refund Process: To request a refund, please contact our support team with your purchase details. Refunds are processed back to the original payment method used for the purchase. Exceptions: The 14-day refund policy does not apply to renewal payments or any additional services purchased separately from the subscription.

Billing Process

MailaAI uses a third-party payment processor to manage billing for the Services. By agreeing to these Terms, you also agree to the payment processor's terms of service. MailaAI is not responsible for any errors made by the payment processor.

Cancellation and Termination

You may cancel your subscription to the Services at any time by following the cancellation procedures provided. Cancellation will take effect at the end of the then-current billing period. MailaAI reserves the right to terminate your access to the Services for non-payment of fees. Upon termination, you remain responsible for paying any outstanding fees incurred prior to the termination date.


10. Confidentiality, Security, and Data Protection

Confidential Information

  • Usage Limitation: You agree to use any confidential information obtained through the Services solely for the purpose for which it was disclosed and in accordance with these Terms and any applicable confidentiality agreements.
  • Disclosure Restrictions: You shall not disclose confidential information to any third party without MailaAI's prior written consent, except as required by law or court order.

Security Obligations

  • User Measures: You are responsible for implementing appropriate security measures to protect your account credentials and prevent unauthorized access to your account.
  • Vulnerability Reporting: If you discover any potential security vulnerabilities in the Services, you agree to report them to MailaAI promptly and not to disclose them publicly until MailaAI has had a reasonable opportunity to address the vulnerability.

Personal Data Handling

  • Legal Compliance: MailaAI processes personal data in accordance with applicable data protection laws. By using the Services, you represent that you have the necessary rights and consents to provide any personal data to MailaAI for processing in connection with the Services.

Service Security

MailaAI implements industry-standard security measures to protect the Services and user data. However, no method of transmission over the internet or electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee absolute security.

Prohibited Actions

You agree not to engage in any activity that interferes with or disrupts the Services or the servers and networks connected to the Services. This includes attempting to gain unauthorized access to the Services, other user accounts, or MailaAI's systems.


11. Term and Termination

Termination Rights and Processes

  • User Termination: You may terminate your agreement with MailaAI and close your account at any time by following the account closure process provided in the Services.
  • MailaAI Termination: MailaAI may terminate or suspend your access to the Services at any time, without prior notice, for any reason, including if we reasonably believe you have violated these Terms.

Post-Termination Obligations

  • Service Discontinuation: Upon termination, your right to access and use the Services will immediately cease. You must stop using the Services and delete any Materials or Outputs obtained through the Services.
  • Confidential Information Handling: The confidentiality obligations outlined in these Terms shall survive termination. You must continue to maintain the confidentiality of any confidential information obtained through the Services.

Terms Termination

These Terms are effective until terminated by either you or MailaAI. You may terminate these Terms at any time by discontinuing your use of the Services and closing your account. MailaAI may terminate these Terms at any time without notice if you fail to comply with any provision of these Terms.

Effect on Services

Upon the termination of these Terms, your right to access the Services will be immediately revoked. However, it is important to note that certain provisions of these Terms are intended to continue in effect post-termination. These enduring provisions include, but are not limited to, clauses concerning ownership rights, disclaimers of warranties, the duty to indemnify, and limitations on liability.


12. Indemnification, Disclaimer of Warranties, Limitations on Liability

Indemnification

  • User Responsibilities: You agree to indemnify, defend, and hold harmless MailaAI, its affiliates, officers, directors, employees, agents, licensors, and suppliers 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 or your use of the Services.

Disclaimer of Warranties

  • Service Condition: The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied. MailaAI disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Liability Limitations

  • Damage Exclusions: To the fullest extent permitted by law, in no event shall MailaAI, its affiliates, officers, directors, employees, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of the Services.

Service Use Risk

The Services are provided on an "as is" and "as available" basis. MailaAI does not warrant that the Services will be uninterrupted, error-free, or free from harmful components. Your use of the Services is at your own risk.

User Indemnification

You agree to indemnify and hold MailaAI, its affiliates, officers, agents, employees, and partners harmless from and against any claims, liabilities, damages, losses, costs, expenses, or fees arising from your use of the Services or violation of these Terms.

Service Disclaimer

MailaAI disclaims all warranties related to the Services, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. MailaAI does not warrant that the Services will meet your requirements or that their operation will be uninterrupted or error-free.

Liability Limitation

To the maximum extent permitted by law, MailaAI 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 your use of the Services.

Indemnity

You agree to indemnify, defend, and hold harmless MailaAI, its affiliates, officers, directors, employees, agents, licensors, and suppliers from any claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.


13. Modifications, Suspension, Discontinuation of Services

Service Changes

MailaAI reserves the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. MailaAI shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

Notice and Liability

MailaAI will make reasonable efforts to provide notice of any material modifications to the Services. However, MailaAI shall not be liable for any failure to provide such notice or for any inconvenience, loss, or damage resulting from any modification, suspension, or discontinuation of the Services.

Service Improvement

MailaAI continuously works to improve the Services and may update the Services with or without notice. These updates may include changes to features, functionality, user interface, APIs, or underlying technologies. MailaAI is not liable for any changes to the Services or any impact these changes may have on your use of the Services.

Modifications

MailaAI reserves the right to modify the Services at any time, including changes to the algorithms, models, data, or functionality. This may result in changes to the style, content, or other aspects of the output produced by the Services. MailaAI is not responsible for any impact these modifications may have on your use of the Services.

Service Reliability

MailaAI does not guarantee that the Services will always be available, uninterrupted, secure, or error-free. The Services may be subject to limitations, delays, and other issues inherent in the use of the internet and electronic communications. MailaAI is not responsible for any delays, delivery failures, or other damages resulting from such issues.

Customer Dependency

You acknowledge that the Services are not intended to be relied upon as the sole means for any critical or essential functions. MailaAI is not liable for any damages or losses arising from your reliance on the Services for such purposes. It is your responsibility to maintain backup plans and redundant systems as needed.

Liability

MailaAI shall not be liable for any inability to use the Services, loss of data or Content, or any other damages or losses arising from the modification, suspension, or discontinuation of the Services. It is your responsibility to maintain backups of your data and to ensure the suitability of the Services for your needs.


External Content

The Services may contain links to third-party websites, services, or content. MailaAI does not endorse, control, or assume responsibility for any third-party services or content. Your use of any third-party services is at your own risk and subject to the terms and privacy policies of those third parties.


15. Feedback

License to Feedback

By providing feedback, suggestions, or ideas about the Services to MailaAI, you grant MailaAI a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate the feedback into the Services without any obligation to compensate you.


16. Dispute Resolution

To align the Dispute Resolution section with Swedish jurisdiction, you can modify the content as follows:


Dispute Resolution

Informal Resolution

Before initiating any formal legal proceedings, we encourage you to contact us directly to seek an informal resolution. This approach often leads to a quicker and less adversarial resolution. Please reach out to our support team with any concerns, and we will strive to resolve them promptly.

Arbitration Agreement

If a dispute cannot be resolved informally, you and MailaAI agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. This arbitration agreement is subject to the Swedish Arbitration Act.

Arbitration Procedures

The arbitration will be conducted by a neutral arbitrator in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of the arbitration shall be Stockholm, Sweden, and the arbitration proceedings shall be conducted in English. The arbitration proceedings shall be confidential.

Arbitration Costs

The allocation and payment of all filing, administration, and arbitrator fees will be governed by the rules of the Arbitration Institute of the Stockholm Chamber of Commerce. Each party will be responsible for its own attorney fees and other costs unless awarded by the arbitrator under applicable law.

Exceptions to Agreement to Arbitrate

Disputes that involve claims of copyright infringement or other intellectual property disputes, or any claim for injunctive relief, may be brought in a court of competent jurisdiction in Sweden without first engaging in arbitration or the informal dispute-resolution process described above.

Governing Law

Any disputes arising out of or related to these Terms or the Services will be governed by and construed in accordance with the laws of Sweden, without giving effect to any choice or conflict of law provision or rule.

Waiver of Jury Trial

YOU AND MAILAAI HEREBY WAIVE ANY RIGHTS TO A TRIAL BY JURY in any proceedings arising out of or relating to these Terms or the Services. Instead, any dispute not subject to arbitration shall be resolved in the courts of Sweden.

No Class Actions

All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.


17. General Provisions

Interpretation and Definitions

  • Term Clarifications: The words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation." The word "will" shall be construed to have the same meaning and effect as the word "shall."

Notification of Changes

  • Method of Communicating Updates: MailaAI will provide notifications of changes to these Terms or the Services through the email address associated with your account or by posting notices on the MailaAI website.

Electronic Communications

  • Acceptance of Electronic Notices: By using the Services, you consent to receiving electronic communications from MailaAI. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
  • Obligation to Abide by Laws: You agree to comply with all applicable laws, regulations, and third-party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws) while using the Services.

No Waiver

  • Enforcement of Rights: MailaAI's failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MailaAI.

Survival of Terms

  • Post-Termination Validity: Upon termination of these Terms, any provision which, by its nature or express terms should survive, shall survive such termination or expiration, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.

Headings and Interpretation

  • Role of Headings: The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
  • Interpretation Rules: Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Additional Terms Compliance

You agree to comply with any applicable additional terms and conditions, rules, or requirements that govern the use of the Services, including those provided by third-party partners or suppliers.

Entire Agreement and Assignment

These Terms constitute the entire agreement between you and MailaAI regarding the use of the Services. MailaAI may assign its rights and obligations under these Terms without your consent. You may not assign your rights or obligations under these Terms without MailaAI's prior written approval.

You acknowledge that any breach of these Terms may cause irreparable harm to MailaAI, for which monetary damages would be inadequate, and that MailaAI shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and MailaAI.

Trademark Usage and Severability

You may not use MailaAI's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features without prior written consent. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Services. These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions.

U.S. Government Use and Export Controls

The Services are provided as a "commercial item" and are subject to applicable export control laws and regulations. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country and not listed on any U.S. Government list of prohibited or restricted parties.

No Sponsorship

You agree not to represent yourself as an agent, employee, or representative of MailaAI. You may not use MailaAI's name, logo, or trademarks to imply endorsement, sponsorship, or affiliation without express written permission from MailaAI.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that comes closest to the intention of the original provision.

You agree to comply with all applicable laws and regulations in connection with your use of the Services, including but not limited to data protection and privacy laws. MailaAI reserves the right to disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, at MailaAI's sole discretion.

Governing Law; Exclusive Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Gothenburg, Sweden, and the parties hereby consent to personal jurisdiction and venue therein.

U.S. Government Use

The Services are provided to the U.S. Government as "commercial items," "commercial computer software," "commercial computer software documentation," and "technical data" with the same rights and restrictions generally applicable to the Services. If you are using the Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, you will immediately discontinue your use of the Services.

Export and Sanctions

The Services may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States or Sweden. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree to comply with all applicable U.S. and Swedish export control and trade sanctions regulations.

Force Majeure

MailaAI shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

No Agency

Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise between you and MailaAI. Neither party shall have the authority to bind the other party or incur obligations on the other party's behalf without the other party's prior written approval.

No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights. No provision of these Terms will be enforceable by any person or entity that is not a party to these Terms.


18. Relationship with MailaAI

Service Permission

MailaAI grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable permission to use the Services in accordance with these Terms. This permission is granted solely for the purpose of allowing you to use and enjoy the benefit of the Services as provided by MailaAI, in the manner permitted by these Terms.

Expectations from MailaAI

MailaAI is continuously working to improve the Services and provide you with a positive user experience. You can expect MailaAI to:

  • Strive to maintain the availability, reliability, and security of the Services
  • Provide clear and accurate information about the Services and any associated fees
  • Respond to your inquiries and support requests in a timely and professional manner
  • Respect your privacy and handle your personal information in accordance with our Privacy Policy
  • Notify you of any material changes to the Services or these Terms

Service Management

MailaAI reserves the right to manage and operate the Services in its sole discretion, including the right to:

  • Modify, update, or discontinue any part of the Services
  • Monitor your use of the Services to ensure compliance with these Terms
  • Suspend or terminate your access to the Services for any reason, including violation of these Terms

User Content and Intellectual Property

You retain all rights to the content you upload, submit, or create through the Services ("User Content"). By using the Services, you grant MailaAI a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and MailaAI's business.

You represent and warrant that you have all necessary rights to grant this license and that your User Content does not infringe or violate any third-party rights. MailaAI does not claim ownership of your User Content, but you grant MailaAI the rights needed to provide the Services.


19. Community Guidelines

Behavioral Expectations

When using the Services, you agree to:

  • Be respectful and considerate of others
  • Not engage in any form of harassment, hate speech, or discriminatory behavior
  • Not impersonate MailaAI staff or other users
  • Not attempt to deceive or mislead others
  • Not share or promote illegal, harmful, or offensive content

Content Restrictions

You agree not to use the Services to create, upload, or share any content that:

  • Is sexually explicit or pornographic
  • Promotes violence, self-harm, or animal cruelty
  • Supports or promotes terrorist or extremist groups
  • Infringes on intellectual property rights
  • Contains personal or sensitive information about others without their consent
  • Is used for political campaigns or lobbying efforts
  • Violates any applicable laws or regulations

Sharing Guidelines

When sharing content created using the Services, we encourage you to:

  • Provide appropriate context and attribution
  • Respect the privacy and consent of individuals depicted in the content
  • Clearly label AI-generated content to avoid confusion or deception
  • Use the content in a manner consistent with these Terms and our Usage Requirements

MailaAI reserves the right to remove any content that violates these Community Guidelines or to suspend or terminate the accounts of users who repeatedly violate these guidelines.


20. Prohibited Business Use Cases

The following business use cases are prohibited on the Services:

Political Campaigning or Lobbying

The Services may not be used for the purposes of political campaigning, lobbying, or attempting to influence elections or legislation. This includes but is not limited to:

  • Creating or distributing content supporting or opposing political candidates, parties, or ballot measures
  • Fundraising for political campaigns or political action committees (PACs)
  • Coordinating or organizing political activities or events
  • Engaging in astroturfing or manufactured grassroots campaigns

Covert Tracking and Surveillance

You may not use the Services to engage in covert tracking or surveillance of individuals or groups without their explicit consent. This includes but is not limited to:

  • Stalking or monitoring the activities and communications of others
  • Using the Services to gather intelligence or conduct investigations on individuals
  • Employing facial recognition or other biometric identification technologies without consent
  • Scraping or collecting personal data from the Services for tracking or surveillance purposes
  • Engaging in or promoting activities that facilitate the unauthorized tracking or monitoring of individuals

Any use of the Services that compromises the privacy or freedom of individuals will be subject to immediate review and potential termination of service access.

Social Scoring

The Services may not be used to create or implement social scoring systems that evaluate or rank individuals based on their social behavior, interactions, or perceived trustworthiness. This includes but is not limited to:

  • Using Services to assess individuals' credit or reputation.
  • Using Services to assess decisions about individuals' associations, expressions, or any other attributes that should remain private and respected.

Criminal Justice Decisions

The Services may not be used to make automated decisions related to criminal justice processes, such as:

  • Evaluating the eligibility of individuals for parole or probation
  • Assessing flight risk or recidivism likelihood for bail or sentencing determinations
  • Profiling individuals based on their criminal history or demographic characteristics

Automated Financial Decisions

You may not use the Services to make automated decisions related to financial services or creditworthiness, including but not limited to:

  • Evaluating individuals' eligibility for loans, credit, or insurance products
  • Assessing individuals' risk profiles for investment or lending purposes
  • Making automated decisions that have legal or similarly significant effects on individuals' financial standing

Employment and Housing Decisions

The Services may not be used to make automated decisions related to employment or housing opportunities, such as:

  • Screening job applicants or making hiring decisions based on automated processing
  • Evaluating candidates' suitability for promotions or job assignments
  • Assessing individuals' eligibility for housing or making tenancy decisions based on automated factors

Law Enforcement Applications

Law enforcement agencies in the United States may only use the Services for specific, non-intrusive applications, such as:

  • Generating leads or tips for further human investigation
  • Assisting in the analysis of evidence or data related to criminal investigations
  • Enhancing community outreach and public communication efforts

Law enforcement use of the Services must comply with all applicable laws, regulations, and constitutional protections. The Services may not be used for surveillance, profiling, or other invasive law enforcement activities without proper legal authority and oversight.


21. Additional Requirements for Businesses

Professional Review

If you are a business using the Services to generate content related to legal, medical, financial, or other professional advice, you must ensure that:

  • The content is reviewed and approved by qualified professionals before being provided to end-users
  • Appropriate disclaimers are included to indicate that the content is not a substitute for individualized professional advice
  • The content complies with all applicable laws, regulations, and professional standards in your jurisdiction

Human-in-the-Loop

Businesses using the Services for customer interactions or decision-making processes must ensure that there is meaningful human involvement and oversight in the loop. This includes:

  • Regularly reviewing and auditing the outputs generated by the Services
  • Providing clear escalation paths for users to request human review or appeal automated decisions
  • Ensuring that humans retain ultimate control and accountability for significant decisions

Automated Service Disclosure

If your business uses the Services to interact with customers or users in an automated fashion, you must clearly disclose that they are interacting with an AI system. This disclosure should be made at the outset of the interaction and in a manner that is clear and understandable to the average user.


22. Evaluation and Additional Services

Limited Evaluation Use

You may use the Services on a limited basis for evaluation purposes before purchasing a subscription. Evaluation use is subject to these Terms and any additional limitations communicated by MailaAI, such as time limits or feature restrictions.

Acceptance of Additional Terms

Certain Services may be subject to additional terms, conditions, or requirements. By using these Services, you agree to comply with any additional terms presented to you. In the event of a conflict between these Terms and the additional terms, the additional terms shall govern with respect to the specific Service.


Rights Granted to MailaAI

By using the Services, you grant MailaAI a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform any content or materials you submit or generate through the Services ("Assets") in connection with providing and improving the Services.

Customer Ownership

You retain ownership of any Assets you create using the Services, subject to the rights granted to MailaAI in these Terms. MailaAI does not claim ownership of your Assets.

Exclusions

Notwithstanding the above, MailaAI does not claim ownership of any Assets that are:

  • Generated entirely by the Services without any creative input or modification from you
  • Based on templates, prompts, or other pre-existing materials provided by MailaAI
  • In the public domain or otherwise not eligible for copyright protection

Public Sharing

If you choose to publicly share images generated using the Services, you agree that others may remix, transform, and build upon the images, even for commercial purposes. If you do not want to allow such uses, do not publicly share the images.


24. DMCA and Takedowns Policy

Notification Procedures

If you believe that content available through the Services infringes your copyright or trademark rights, you may submit a takedown notice to MailaAI's designated agent. The notice must include:

  • Identification of the copyrighted or trademarked work claimed to have been infringed
  • Identification of the allegedly infringing material and its location on the Services
  • Your contact information, including name, address, telephone number, and email address
  • A statement that you have a good faith belief that the use of the material is not authorized by the rights owner
  • A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the rights owner
  • Your physical or electronic signature

Counter-Notification Procedures

If you believe that your content was removed from the Services due to a mistake or misidentification, you may submit a counter-notification to MailaAI's designated agent. The counter-notification must include:

  • Identification of the material that has been removed and its former location on the Services
  • Your contact information, including name, address, telephone number, and email address
  • A statement under penalty of perjury that you have a good faith belief that the material was removed by mistake or misidentification
  • A statement that you consent to the jurisdiction of the court in which your address is located
  • Your physical or electronic signature

Upon receiving a valid counter-notification, MailaAI will promptly forward it to the party who submitted the original takedown notice. If MailaAI does not receive notice within 10 business days that the original complainant is seeking a court order to prevent further infringement, MailaAI may restore the removed material to the Services.


Service Announcements

MailaAI may send you service-related announcements and updates about the Services from time to time. These communications are considered part of the Services and you may opt-out of receiving them by contacting MailaAI support.


26. Handling Requests for Your Data

Privacy and Security

MailaAI takes the privacy and security of your data seriously. In the event that MailaAI receives a request from a third party seeking access to your data (such as a subpoena, court order, or other legal request), MailaAI will make reasonable efforts to notify you and provide you with an opportunity to object to the disclosure, unless prohibited by law.

For detailed information on how MailaAI collects, uses, and protects your data, please refer to our Privacy Policy.


27. Data Collection and Privacy

Information Collection

MailaAI collects various types of information from users, including:

  • Personal data provided during account registration, such as name and email address
  • Content and data uploaded or generated through use of the Services
  • Usage data and metrics related to your interaction with the Services
  • Device and browser information collected automatically when you use the Services
  • Cookies and similar tracking technologies as described in our Cookie Policy

Data Retention

MailaAI retains your personal data for as long as necessary to fulfill the purposes outlined in our Privacy Policy, unless a longer retention period is required or permitted by law. The specific retention times depend on the nature of the data and the context in which it was collected.

Data Storage Location

MailaAI stores and processes your data in data centers located in Sweden and other countries where MailaAI or its service providers maintain facilities. By using the Services, you consent to the transfer of your data to countries outside of your country of residence, which may have different data protection laws.

Discord Data

If you interact with MailaAI through Discord, any data you provide through direct messages or other interactions with the MailaAI Discord bot is stored on Discord's servers and subject to Discord's privacy practices. MailaAI has limited ability to access or delete data stored by Discord.

Sale of Personal Data

MailaAI does not sell your personal data to third parties. More information about MailaAI's data handling practices is available in our Privacy Policy.

Data Deletion Requests

You have the right to request the deletion of your personal data from MailaAI's systems, subject to certain exceptions permitted by law. Upon receiving a verifiable deletion request, MailaAI will delete your personal data from our records and direct our service providers to do the same, unless an exception applies. Exceptions may include cases where the data is necessary to comply with legal obligations.


38. Data Deletion Process

Eligibility for Data Deletion

MailaAI will honor data deletion requests for personal data that is no longer necessary for the purposes for which it was collected, or where the processing is based on consent and you have withdrawn your consent. However, MailaAI may retain certain data as necessary for legitimate business purposes or to comply with legal obligations.

Required Information

To submit a data deletion request, please provide the following information:

  • Your full name and email address associated with your MailaAI account
  • A clear and specific description of the personal data you want deleted
  • Any additional information that may be necessary to verify your identity and locate your data

Response Timeframe

MailaAI will acknowledge receipt of your data deletion request within 30 business days and provide an estimated timeframe for processing the request. In most cases, MailaAI will complete the deletion within 60 days of receiving a verifiable request. If MailaAI requires more time, you will be notified of the reason and extension period.

MailaAI may request additional information from you to verify your identity and ensure that you are authorized to make the deletion request. MailaAI will notify you once the deletion process is complete.


39. Definitions

Glossary

The following terms have the corresponding meanings throughout these Terms:

  • "Business Customer" means a customer who uses the Services for business or commercial purposes, as opposed to personal or consumer use.
  • "Consumer" means an individual who uses the Services for personal, family, or household purposes.
  • "Copyright" means the legal rights that protect original works of authorship, such as literary, musical, artistic, and certain other intellectual works.
  • "Disclaimer" means a statement that denies responsibility for or limits the scope of rights and obligations.
  • "MailaAI" means the provider of the Services, as identified in the "Service Provider" section of these Terms.
  • "Generated Content" means any content, materials, or assets created or produced using the Services, including but not limited to text, images, audio, video, and other multimedia content.
  • "AI-generated" means content that is created or produced using the Services, in whole or in part, by an artificial intelligence model or algorithm.
  • "Indemnity" means a contractual obligation to compensate another party for losses or damages incurred by the other party.

By using the MailaAI Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, please refrain from using the Services.

Last updated: [2024-03-12]