Terms and Conditions

Please read the terms and conditions carefully, as they are binding on any use of the ShinobiAI Solution.

1. Parties and Application

1. These Terms and Conditions (“Terms”) is a legal agreement between ShinobiAI (“ShinobiAI”, “we”, “us” or “our”) and you (“User”).
2. The Terms governs your use of our Solution available at ShinobiAI.io, by subscribing online to use the Solution, so please read these Terms carefully before using the Solution.
3. By clicking the setup’s accept (or similar button), you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of these Terms.

2. Definitions

Unless otherwise defined or the context otherwise requires, capitalized terms used in the Terms shall have the following meaning:

• Clause: Refers to relevant clause in these Terms.
• Content Output: Refers to final articles, keywords, content suggestions, and all other material generated by your use of the Solution.
• User: Means any individual subscribing to the Solution and who uses the Solution.
• Effective Date: Means the date from when ShinobiAI makes the Solution available to the User.
• Intellectual Property Rights: Means all intellectual property rights of any kind (whether or not they can be subject to registration and whether or not they are registered or are subject to an application for registration), including, but not limited to, copyrights, patent rights, rights to inventions, rights in designs, trade or business names, domain names as well as rights in the proprietary information, technology, and knowhow and all other rights or forms of protection of a similar nature.
• License: Means the right to use the Solution in accordance with the subscription and subject to the terms set out in these Terms.
• Party: Means either the User or ShinobiAI.
• Parties: Means the User and ShinobiAI.
• ShinobiAI Account: Means the account of a User subscribing to the Solution.
• Solution: Means ShinobiAI’s software-as-a-service (SaaS) solution provided to User on an “as is” and “as available” basis accessible via ShinobiAI’s website.
• Subscription: Means the license to the Solution for which the User pays a fee either monthly or yearly.
• Subscription Term: Means the initial period for which the User subscribed as well as any subsequent renewal period.
• Subscription Fee: Means the either monthly or yearly payment from the User for the license to use the Solution.
• Subscription Trial: Means a one-time right to use the Solution for evaluation purposes, without charge, for a period of seven (7) days (or such other period as may be specified on the Website) from the date of subscribing to ShinobiAI and creating the ShinobiAI Account.
• User Content: Means texts, files, links, images, photos, and other material and content submitted to the Solution by the User.

3. Subscription and Access

1. Access and use of the Solution requires the User to set up a ShinobiAI Account by subscribing to the Solution online. User may invite other Users to subscribe to the Solution.
2. User is responsible for maintaining the security of the ShinobiAI Account and provide and maintain correct information. User is responsible for its own use of the ShinobiAI Account in accordance with the terms of these Terms.
3. Upon payment of the Subscription Fee, the Solution may be used by the User. The User must have an appropriate internet connection in order to access the ShinobiAI Account.

4. Grant of Rights

1. With effect from the Effective Date, and during the Subscription Term, ShinobiAI grants to User, a worldwide, limited, non-exclusive, non-transferable, revocable license to use the Solution.
2. The Solution may only be accessed and used by the User itself.
3. ShinobiAI is entitled to further develop, enhance, change or modify the Solution, provided such development, change, enhancement or modification does not materially decrease the functionality of the Solution.

5. User Restrictions

5.1. General Restrictions:

The license grants no rights to:

1. Use the same Subscription concurrently on more than one (1) device.
2. Work around technical limitations in the Solution.
3. Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell or transfer the Solution software.
4. Provide access to a third-party, including third-party contractors, who have not subscribed to the Solution either as an individual User.
5. Reverse engineer, decompile, disassemble, modify, translate or make any attempt to discover the source code of the Solution software.
6. Use the Solution software in any way which breaches any applicable law, applicable technology controls, or export laws and regulations.

5.2. User Content and Content Output:

1. When using our Solution, User is able to submit texts, files, links, images, photos, audio, mixed media content and other material and content to the Solution (“User Content”). The User Content may be included in the final articles, keywords, content suggestions, or other material generated by your use of the Solution (“Content Output”).
2. User accepts and acknowledges that your submitting, creation and use of User Content and all Content Output of any kind is your responsibility only and are subject to these Terms, and you agree that the User Content and Content Output are:
   1. Accurate and not in violation of law;
   2. Not confidential;
   3. Not in violation of contractual restrictions or third-party rights;
   4. Not abusive, harmful, libellous, profane, obscene or otherwise objectionable;
   5. Not for commercial purposes or business solicitations; and
   6. Free of viruses, corrupting files, interference, worms, and other malicious code.
3. You accept and acknowledge as part of your responsibility for User Content and Content Output that you are subject to the specific terms of liability set forth in Clause 11.

6. Subscription Fee

1. User shall pay the Subscription Fee in accordance with the payment process provided on the Website. The User shall provide customary billing and tax information such as name, credit card information, and VAT number (for EU residents). User agrees to pay the Subscription fee in full and in advance and hereby authorizes the collection of such amounts including applicable taxes by charging the credit card provided, either directly by ShinobiAI or indirectly via a third-party online payment processor.
2. All Subscriptions are final and there shall be no refunds except as expressly provided in these Terms or as required by law.

7. Subscription Trial

7-Day Paid Trial

At ShinobiAI, we offer a 7-day paid trial for our subscription services. This trial period is designed to give you full access to our premium features and capabilities, allowing you to evaluate the benefits of our service before committing to a full subscription.

How It Works

1. Eligibility: The 7-day paid trial is available to new users who have not previously subscribed to ShinobiAI services.
2. Activation: To activate the trial, users must sign up and provide payment information. The cost of the trial will be clearly stated at the time of signup.
3. Access: During the trial period, you will have full access to all features included in the subscription plan you are trialing.
4. Billing: The trial period lasts for 7 days. On the 8th day, if you do not cancel, your subscription will automatically convert to a regular paid subscription, and you will be billed according to the plan you selected during signup.
5. Cancellation: You may cancel your trial at any time during the 7-day period. If you cancel before the trial period ends, you will not be charged for the regular subscription, but the initial trial fee is non-refundable.
6. Non-Refundable Trial Fee: Please note that the fee for the 7-day trial is non-refundable. This fee is a small charge to cover the cost of providing full access to our premium features during the trial period.

Benefits of the 7-Day Paid Trial

• Explore Premium Features: Experience the full range of capabilities ShinobiAI offers, including advanced AI tools, exclusive content, and priority support.
• Evaluate Our Service: Determine if ShinobiAI meets your needs and expectations without committing to a long-term subscription right away.
• Seamless Transition: If you decide to continue with a full subscription, there will be no interruption in your service. Your account will seamlessly transition from the trial to the full subscription.

How to Get Started

1. Sign Up: Create an account on our website and choose the subscription plan you wish to trial.
2. Provide Payment Information: Enter your payment details to pay for the 7-day trial period.
3. Enjoy Full Access: Start using ShinobiAI with unrestricted access to all premium features.
4. Decide: Before the end of the 7-day trial, decide if you want to continue with a full subscription or cancel to avoid further charges.

We believe that our 7-day paid trial offers a valuable opportunity to experience the full potential of ShinobiAI. If you have any questions or need assistance, please contact our support team at support@shinobiai.io.

8. Intellectual Property Rights

1. The Solution and the herein included Intellectual Property Rights and all related proprietary rights are the exclusive property of ShinobiAI or its licensors. The User shall not acquire any right, title or interest in the Solution except for the limited License expressly set forth in these Terms.
2. All rights not expressly granted hereunder are reserved by ShinobiAI.

9. Confidentiality

1. Each Party agrees not to disclose any information obtained from the other Party, which has been identified as confidential or which reasonably should be understood to be confidential, without the prior written consent of the other Party. The terms of these Terms are considered confidential by ShinobiAI.
2. The foregoing obligations shall not apply to any information which:
   1. Is or becomes publicly known through no wrongful act of the receiving Party;
   2. Is known to the receiving Party at the time of disclosure;
   3. Is rightfully received from a third party without breach of any obligation of confidentiality;
   4. Is disclosed to a third party by the disclosing Party without similar restrictions on the third party's rights;
   5. Is independently developed by the receiving Party; or
   6. Is disclosed pursuant to any judicial or governmental order, provided that the Party subject to such order shall, if lawful, give the other Party sufficient prior notice to contest such order.

10. Violations

1. In the event of any violation of these Terms, the User shall be notified immediately and given an opportunity to remedy such violation. If the User is unable to remedy the violation within fourteen (14) calendar days, ShinobiAI is entitled to terminate the Terms and the applicable Subscription.

11. Limitation of Liability

11.1. Our Liability:

1. Nothing in these Terms shall limit or exclude our liability for:
   1. Death or personal injury resulting from our negligence;
   2. Fraud or fraudulent misrepresentation; or
   3. Any other liability that cannot be excluded or limited by applicable law.
2. We will not, in any circumstances whatsoever, be liable to User, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms for:
   1. Loss of profits, sales, business, or revenue;
   2. Business interruption;
   3. Loss of anticipated savings;
   4. Loss or corruption of data or information;
   5. Loss of business opportunity, goodwill, or reputation; or
   6. Any special, indirect or consequential loss, damage, charges, or expenses.
3. Subject to above, our maximum aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall in all circumstances be limited to the greater of:
   1. DKK 500.00, or
   2. The aggregate amount paid or payable by Customer during a 3-month period preceding the event for the Solution giving rise to the liability.

11.2. Your Liability:

1. You are liable to any third party for claims resulting from your use of the Solution, including for:
   1. Loss of profits, sales, business, or revenue;
   2. Business interruption;
   3. Loss of anticipated savings;
   4. Loss or corruption of data or information;
   5. Loss of business opportunity, goodwill, or reputation; or
   6. Any special, indirect, or consequential loss, damage, charges, or expenses caused by your breach of these Terms.
2. Your liability includes any claim arising out of your submitting of User Content and use of Content Output cf. Clause 5.

12. Warranty Disclaimer

1. We do not make any representation, warranty, or guarantee as to the quality, reliability, suitability, performance, availability, completeness, or accuracy of any Solution or that (i) the Solution will operate in combination with other hardware or software systems; (ii) the use of the Solution will be uninterrupted, secure, or free of errors; (iii) stored or presented data will be accurate and reliable; (iv) errors or defects will be corrected on a schedule not controlled by ShinobiAI; or (v) that any Solution available as a hosted service is free of viruses or other harmful components.

13. Third Party Software

1. “Third Party Software” is software, including open-source software, that is contained in or provided with the Software and is licensed by a third party under its own terms of use (“Third Party Terms”). Third Party Software is governed solely by the applicable Third Party Terms and not by these Terms.

14. Severability

1. Should any term or condition hereof be declared illegal or otherwise unenforceable, it shall be severed from the remainder of these Terms without affecting the remaining sections.

15. Force Majeure

1. Neither party shall be liable for any failure of or delay in the performance of these Terms for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, riots, war, terrorist act, epidemic, pandemic, quarantine, war, strikes or labour disputes, embargoes, government orders, or any other Force Majeure event.

16. Personal Data

1. When creating your ShinobiAI Account, we process your personal data.
2. Personal data is data that may – indirect or direct – refer to you, such as an address, gender, name, email address etc.
3. We refer you to our Privacy Policy for more information about how we process your personal data.

17. Term and Termination

1. These Terms shall commence upon acceptance by User and shall continue in full force and effect through the end of the applicable Subscription Term. The Terms and Subscription will automatically renew and continue for successive Subscription Term (of the same length as the initial period), unless terminated in accordance with the “Termination Section” below.
2. Customer may terminate these Terms at any time by cancelling the subscription in the ShinobiAI Account or by contacting ShinobiAI via email.
3. If such termination occurs during a Subscription Term, this Agreement will continue to be effective until the end of that Subscription Term. Such termination does not relieve User of the obligation to pay any outstanding Subscription Fees owed to ShinobiAI, and no credits or refunds will be issued to User for prepaid Subscription Fees.

18. Governing Law and Dispute Resolution

1. Any dispute between User and ShinobiAI must be settled under Danish law, with the exception of CISG, the District Court in Copenhagen as the agreed venue, with usual reference and appeal rights.
2. If you are a consumer and live in the European Union, you may be entitled to address any dispute with us through an internet platform for online dispute resolution established by the European Commission (the "ODR Platform"). The ODR Platform is intended to facilitate out-of-court resolutions relating to online purchases of goods and services between consumers and traders based in the European Union. You will find the ODR Platform by following this link: ODR Platform.

19. Contact Information

ShinobiAI
Email: support@shinobiai.io