- Introduction and Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the website earplugai.com (the "Website"), operated by Earplug AI ("Company," "we," "us," or "our"). By accessing or utilizing the Website, you explicitly signify your unreserved agreement to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. Should you not concur with any provision of these Terms, you are expressly prohibited from accessing or using the Website.
- Definitions
For the purpose of these Terms, "User," "you," and "your" refer to any individual or entity accessing or using the Website. "Service" refers to the functionalities, content, and applications provided through the Website, including any AI-generated outputs or tools.
- Acceptable Use Policy
3.1. Users shall utilize the Website and its Service solely for lawful purposes and in a manner that does not infringe upon the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website. 3.2. Prohibited activities include, but are not limited to: (a) Engaging in any activity that is illegal, fraudulent, or harmful, including the creation or dissemination of content that is harassing, defamatory, obscene, or racially or ethnically objectionable; (b) Uploading, transmitting, or distributing any material that contains viruses, malicious code, Trojan horses, worms, logic bombs, or other technologically harmful material; (c) Attempting to gain unauthorized access to any part of the Website, other user accounts, or computer systems or networks connected to the Website; (d) Interfering with or disrupting the integrity or performance of the Website or data contained therein, including performing denial-of-service attacks; (e) Using the Website to transmit unsolicited commercial communications ("spam"), chain letters, or pyramid schemes; (f) Impersonating or attempting to impersonate Earplug AI, an Earplug AI employee, another user, or any other person or entity. 3.3. Users hereby agree to comply with all applicable local, national, and international laws and regulations regarding online conduct and acceptable content.
- Intellectual Property Rights
4.1. All content, features, and functionality on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, as well as the underlying technology and algorithms utilized to provide the Service, are the exclusive property of Earplug AI or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 4.2. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Earplug AI. 4.3. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as incidentally necessary for your personal, non-commercial use, or as explicitly permitted by the Service.
- Disclaimers and Limitation of Liability
5.1. THE WEBSITE AND ITS SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EARPLUG AI HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. 5.2. EARPLUG AI DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 5.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EARPLUG AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR SERVICE. 5.4. NOTWITHSTANDING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF EARPLUG AI FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE SHALL IN NO EVENT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO EARPLUG AI, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
- Termination
6.1. Earplug AI reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Website and Service, with or without notice and for any reason, including, without limitation, a breach of these Terms. 6.2. Upon termination, your right to use the Website and Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability. 6.3. You may cease using the Website at any time by discontinuing your access.
- Governing Law and Jurisdiction
7.1. These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles. 7.2. Any legal action or proceeding arising out of or relating to these Terms or the Website shall be instituted exclusively in the federal or state courts located in Wilmington, Delaware, and you hereby irrevocably submit to the exclusive jurisdiction of such courts.
- Changes to Terms
8.1. Earplug AI reserves the right to revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. 8.2. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
- Contact Information
9.1. Should you have any questions concerning these Terms, please contact us at [email protected].