Effective Date: January 31, 2026
Last Updated: July 17, 2026
AiJiv Terms of Use
Welcome to AiJiv. These Terms of Use (the "Terms") are a binding contract between you and AiJiv Inc. ("AiJiv," "we," "us," or "our"), a platform owned and operated by Cyberhuman.Ai Inc. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.
These Terms of Use shall be applicable to the following categories of users:
- Creators
- Platform Users
To the extent that any specific stipulation addresses a specific category of user, the corresponding provision in the Terms of Use shall only apply to that category of user, and not the other category. To the extent that the stipulation does not address any specific category of user, then it shall be applicable to both creators and platform users.
To the extent there is any inconsistency between the Terms of Use and the Creator Agreement, the terms of the Creator Agreement shall prevail save and except where a stipulation or provision included in the Terms of Use has been incorporated pursuant to applicable laws.
These terms govern your use of our website(s), platform, products, services, applications, and AiJiv Agents (the "Services").
If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at:
- Email: support@cyberhuman.ai
- Address: Cyberhuman AI, Inc. 100 E. Pine Street, Suite 110, Orlando, FL 32801, USA
AiJiv.ai is a product owned solely by Cyberhuman.Ai, Inc. All rights, title, and interest in and to AiJiv.ai are exclusively held by Cyberhuman.Ai, Inc. Any references to 'AIJiv,' 'we,' 'us,' or 'our' throughout these Terms refer to Cyberhuman.Ai, Inc. as the sole owner and operator of AiJiv.ai and its associated Services.
These Terms incorporate by reference:
- Our Privacy Policy
- Our Copyright Dispute Policy
- Our Community Guidelines
- Any other policies or notices we post or link to from the Services
Your use of or participation in certain Services may be subject to additional policies, rules, and/or conditions ("Additional Terms"). By using or participating in such Services, you also agree to comply with those Additional Terms.
PLEASE READ THESE TERMS CAREFULLY
They contain important information about your rights, including limitations of liability, a class action waiver, and an agreement to resolve disputes by binding arbitration instead of in court.
ARBITRATION NOTICE AND CLASS ACTION WAIVER
Except for certain types of disputes described in the Arbitration Agreement section below, you agree that disputes between you and us will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration, depending on your jurisdiction.
If you do not agree to these Terms, do not use or access the Services in any manner.
1. Changes to These Terms
We are constantly working to improve our Services, so these Terms may change from time to time. By accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to the new Terms, you are free to reject them, but that means you will no longer be able to use the Services.
We reserve the right to modify these Terms at any time. Any changes will be reflected in the updated Terms on the website, and where required by law, will be notified to you. Your continued access of the Services, after the effective date of these changes constitutes your acceptance of the revised Terms. We shall periodically inform you about any updates to the Terms.
If you use the Services in any way after the revised Terms become effective, you agree to all changes.
2. Privacy
AiJiv takes your privacy seriously. For information about how we collect, use, and protect your personal information, please review our Privacy Policy.
3. Children's Online Privacy Protection Act (COPPA)
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before knowingly collecting personally identifiable information from children under 13 years of age.
We do not knowingly collect or solicit personally identifiable information from children under 13. If you are under 13, do not attempt to register for or use the Services or send us any personal information.
In addition, in certain jurisdictions, the age at which an individual may lawfully consent to the processing of personal data or independently use online services may be higher than 13 years of age (for example, 16 or 18 years old). Where applicable law requires parental or guardian consent for individuals below the relevant age of majority or digital consent age, such individuals should not use the Services unless a parent or legal guardian has provided the required consent.
If we learn that we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with personal information, please contact us at support@cyberhuman.ai.
4. Permitted Use
You may be required to sign up for an account, select a password and username ("AiJiv User ID"), and provide certain information or data (such as your contact details).
You agree that:
- You will provide accurate, complete, and up-to-date registration information.
- You may not select as your AiJiv User ID a name that you do not have the right to use, or another person's name with the intent to impersonate that person.
- You may not transfer your account to anyone else without our prior written permission.
You may be able to access certain features of the Services using your account credentials from other services (each, a "Third Party Account"), such as Google (and potentially Facebook, X/Twitter, Instagram, YouTube, etc.). By using the Services through a Third Party Account, you permit us to access certain information from such accounts as allowed by your privacy settings with those providers.
You represent and warrant that:
- You are an individual of legal age to form a binding contract, and that you have the legal capacity and authority to agree to and accept these Terms on behalf of your own self, or any person you purport to represent.
- If you're below the age of 13 or below the age of majority (depending on your jurisdiction), you have obtained your parent's or guardian's consent and they agree to these Terms on your behalf.
- If you are agreeing to these Terms on behalf of an organization, you are authorized to bind that organization or entity, and references to "you" and "your" will refer to that organization or entity.
You agree that you will:
- Use the Services only for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, unless we explicitly agree otherwise.
- Use the Services only in compliance with the terms of use, all applicable laws, rules, and regulations.
- Not copy or distribute, any part of the Services in any medium or in any manner whatsoever without explicit authorisation in this regard;
- Not alter or modify any part of the Services
If your use of the Services is prohibited by applicable laws, you are not authorized to use the Services. We are not responsible if you use the Services in a way that breaks the law.
You are responsible for:
- Maintaining the confidentiality of your AiJiv User ID, account, password, and any other credentials or access tools.
- All activity conducted under your account.
You agree not to share your AiJiv User ID, account, or password with anyone else.
5. Messaging
As part of the Services, you may receive communications from us, including via email or SMS/text.
By signing up for the Services and providing your wireless number, you:
- Confirm that you want AiJiv to send you information that may be of interest to you, which may include using automated dialing technology to text you at the number you provided.
- Represent and warrant that any person you register for the Services or for whom you provide a wireless number has consented to receive communications from AiJiv.
You agree to indemnify and hold AiJiv harmlessfrom any claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising from or related to your breach of this section.
6. Voice and AiJiv Agents
To use a AiJiv Agent, AiJiv and/or our service providers may collect audio of your voice to enable speech-to-text recognition, transcription, and related features.
We:
- Do not generate voiceprints from your voice designed to uniquely identify you, except in cases where a Creator has consented to use of their voice for the purposes of voice cloning or similar voice-reproduction features.
- Use audio only to provide the Services to you and for related business purposes (e.g., maintaining, improving, or updating the Services).
- Protect, use, store, and destroy audio in accordance with applicable laws and appropriate technical and organizational measures.
- Disclose voice audio files only where required by applicable law (such as in response to legal process, subpoenas, or warrants).
AiJiv and/or our service providers may store audio of your voice until it is no longer needed to provide the Services to you, or for up to five (5) years from your last interaction, whichever comes first, unless we are legally required to retain it longer.
7. Restrictions on Use
You represent, warrant, and agree that you will not provide, submit or contribute anything (including any Content or User Submission, defined below), or otherwise use or interact with the Services, in a manner that:
- Infringes or violates any intellectual property rights (including patent, trademark, copyright, design) or any other proprietary rights of anyone else (including AiJiv).
- Violates any applicable law or regulation
- Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, pornographic, paedophilic, invasive of other's privacy including bodily privacy, discriminates basis on gender, race or ethnicity, encourages money laundering or gambling, promotes religious or caste-based hatred, or otherwise objectionable.
- Threatens the security of your state, causes public order issues or incites the commission of, or prevents the investigation of, any offense.
- Jeopardizes the security of your account or anyone else's account.
- Attempts to obtain another user's password, account, or other security information.
- Violates the security of any computer network or attempts to crack passwords or security encryption.
- Runs any form of auto-responder or "spam" on the Services or any processes that interfere with proper functioning (including unreasonable load on our infrastructure).
- "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (including, without limitation, for training an AI model) without our express written permission.
- Copies or stores any significant portion of the Content.
- Decompiles, reverse engineers, or attempts to obtain the source code or underlying ideas or information of or relating to the Services.
- Contains software viruses or harmful code.
- Attempts to bypass or circumvent any measures used to prevent or restrict access to the Services.
- Modifies, translates, or creates derivative works of any part of the Services without AiJiv's consent.
- Uses Output generated by the Services to develop products that compete with AiJiv.
- Copies, rents, leases, distributes, or otherwise transfers any rights granted hereunder.
Any violation of the foregoing is grounds for removal of any information submitted while using the Service which is not compliant with law, or immediate termination or suspension of your access to the Services.
8. Rights in the Services and Content
The materials displayed, performed, or available on or through the Services, including text, graphics, data, articles, photos, images, illustrations, User Submissions, and output generated by or through AiJiv Agents ("Output") (collectively, "Content") are protected by copyright and/or other intellectual property laws.
You agree to:
- Abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the use of Services.
- Not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit any Content that belongs to another user or third party in a manner that violates any rights of such person or applicable law.''
As between you and AiJiv, you retain all rights, title, and interest in and to any content, prompts, inputs, data, information, or other materials submitted, uploaded, generated, transmitted, or made available by you through the Services, defined as User Submission below, Company does not claim ownership of any User Submission. Where User Submission includes any published work, or works with any third-party rights, AiJiv receives no greater right than the user is entitled to grant. It shall be the responsibility of the user to disclose to the Platform incase any of the content uploaded by them contains any restrictions on the exploitation of such content.
You acknowledge and agree that AiJiv acts solely as an intermediary platform with respect to User Submissions and does not endorse, verify, control, monitor, or assume responsibility or liability for any User Submissions made available through the Services. AiJiv shall not be responsible for any infringement, misuse, or violation arising from User Submissions uploaded, submitted, generated, or shared by users.
Subject to these Terms, we grant each user a limited, worldwide, non-exclusive, non-transferable, non-sublicensable license to access and use Services solely for its intended purpose and in accordance with these terms. Any use, reproduction, modification, distribution, or storage of Content for any purpose other than using the Services is prohibited without our prior written permission.
You understand that AiJiv owns all rights, title, and interest in and to the Services. You will not modify, publish, transmit, participate in transferring or selling, create derivative works based on, or otherwise exploit the Services, except as expressly permitted by these Terms.
9. User Submissions and Licenses
9.1 User Submissions
Anything you post, upload, share, store, or otherwise provide to the Services is a "User Submission." You may be able to designate User Submissions as:
- Personal / private (visible only to you)
- Shared with a limited audience
- Public
You are solely responsible for your User Submissions and represent that they are accurate, complete, up-to-date, and in compliance with all applicable laws.
You agree that you will not submit User Submissions that:
- Belongs to another person and to which the user does not have any 'lawful right, authorization, consent, license, or entitlement;
- Infringes or violates any patent, copyright, trademark, or any other proprietary or intellectual property right of any person;
- Is obscene, pornographic, sexually explicit, paedophilic, invasive of another person's privacy (including bodily privacy), defamatory, libellous, hateful, discriminatory, harassing, insulting on the basis of gender, racially or ethnically objectionable, or otherwise unlawful;
- Exploits, harms, endangers, depicts, abuses, sexualizes, or is otherwise harmful to minors or children in any manner whatsoever;
- Promotes, depicts, facilitates, or encourages unlawful acts, terrorism, money laundering, gambling;
- Promotes enmity, hatred, or ill-will between different groups on grounds including religion, race, caste, ethnicity, nationality, gender, or community, or is intended to incite violence or disturb public order;
- Deceives or misleads any person regarding the origin, authenticity, nature, source, or accuracy of any information or content, including through impersonation, synthetic media, manipulated media, deepfakes;
- Impersonates another person, entity, authority, organization;
- Threatens the unity, integrity, defence, security, sovereignty, or public order of any country, harms friendly relations with foreign states, prevents investigation of any offence, incites the commission of any cognisable offence, or is insulting to another nation;
- Violates any applicable law, rule, regulation, governmental order, or third-party right for the time being in force.
The user responsible for any such non-compliance may be subject to suspension or termination of access to the Services and may further be liable under applicable law.
The company reserves the right to disclose information of violating users to complainants, affected persons, or law enforcement authorities, courts etc. as may be required by law, or report any suspected or actual unlawful activity to the appropriate authorities where required under applicable law
9.2 License to AiJiv and Partners
For all User Submissions, you grant AiJiv and its partners (including AiJiv Agent Creators and third parties who provide AiJiv Agents through AiJiv) a limited, worldwide, non-exclusive, royalty-free, revocable, sublicensable, and transferable license to:
- Translate
- Modify (for technical purposes, such as formatting for devices)
- Reproduce
- Otherwise act with respect to such User Submissions as necessary to operate, maintain, and improve the Services
This is a limited license only, valid till the duration of your use of the Services. Your ownership is not transferred.
Personal User Submissions
If you store a User Submission in your personal account and it is not viewable by other users ("Personal User Submission"), you grant the above license and a license to display, perform, and distribute such content solely to make it accessible to you and to provide the Services.
Limited Audience User Submissions
If you share a User Submission with a limited group ("Limited Audience User Submission"), you grant the above licenses and a license to display, perform, and distribute it to those specified users. You also grant such users a license to access and use it as permitted by the Services.
Public User Submissions & Feedback
If you share a User Submission publicly or provide us with feedback, suggestions, improvements, or feature requests, each constituting a Public User Submission, you grant AiJiv and its partners the above licenses and a license to:
- Display, perform, and distribute the Public User Submission to all users
- Use it in connection with the Services and AiJiv's business (including marketing, improvement, and new features)
All other users receive a license to access and use Public User Submissions as permitted by the Services.
Upon a Creator's written request, we will make available a list of the categories of subprocessors engaged to process any Creator IP, Creator Data, prompts, conversation logs etc. (collectively, "Creator Materials"), who will be bound by confidentiality, non-training, deletion, and data-protection obligations no less protective than those set out in the Creator Agreement.
9.3 Duration and Deletion
The licenses you grant are royalty-free, limited, sublicensable, revocable, and worldwide, except that:
- When you delete your AiJiv account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain available), and it may be retained in our systems, and copies may remain where other users have stored or shared them till the time the purposes of processing such personal data contained in User Submissions is served, and for any other additional time required by applicable law.
Certain features enable sharing with Third Party Accounts (e.g., social networks). If you redistribute Content through those channels, you must be able to edit or delete it and must do so promptly if we request.
You understand that AiJiv may need to modify or transform your User Submissions for technical reasons (e.g., to support different devices or networks), and the above licenses include the rights to do so.
10. Copyright Disputes
We respect intellectual property rights and may delete or disable Content flagged as infringing on receipt of an appropriate intimation as per law, and may terminate accounts of repeat infringers. Please review our Copyright Dispute Policy for the full process for submitting and resolving notices.
11. Responsibility for Content and Output
Any User Submission or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated.
You access all such information and Content at your own risk. We are not liable for:
- Errors or omissions in any Content or Output
- Any damages or loss you might suffer in connection with them
Output generated by our Services based on User Submissions is produced via machine learning and:
- Is not tested, verified, endorsed, or guaranteed to be accurate, appropriate, complete, or current by us.
- Should be independently reviewed and verified by you for your use cases.
We are not responsible for monitoring or moderating Output, nor for verifying its accuracy, legality, or appropriateness.
We cannot control and have no duty to act regarding:
- How you interpret or use Content or Output
- What actions you take after exposure to Content or Output
You release us from all liability for your acquisition or non-acquisition of Content or Output through the Services.
We cannot guarantee the identity of users that you interact with and are not responsible for who gains access to or uses the Services.
However, if the User Submission acquired during the use of our services, and resultant output is recognised as 'Synthetically Generated Information' under applicable law, it shall be duly labelled and embedded with metadata and other provenance markers. You shall not tamper with, modify, remove such labels or metadata.
We shall implement reasonable technical measures designed to prevent the Agent from generating full chapters, substantial verbatim extracts that materially replace purchase of, licensing of, or authorized access to the Creator's original works, books, programs, templates, or paid materials. The Creator acknowledges that it retains control over the Agent and its knowledge base and remains responsible for Agent configuration, and that, given the probabilistic nature of artificial intelligence systems, the requirement above shall be limited to reasonable efforts and not a guarantee against every possible output.
12. Third-Party Websites, Services, and Dealings
The Services may contain links or connections to third-party websites or services that are not owned or controlled by AiJiv.
You acknowledge that:
- Accessing third-party websites or using third-party services involves risk
- AiJiv is not responsible for their content, accuracy, policies, or practices
We do not control, monitor, or endorse third-party content. We encourage you to review their terms and privacy policies.
Your interactions with organizations or individuals found via the Services (including payments, delivery, and other terms) are solely between you and them. AiJiv is not liable for any loss or damage arising from such dealings.
If there is a dispute between users or between a user and a third party, AiJiv has no obligation to become involved. You release AiJiv and its affiliates from any claims or damages arising out of such disputes and waive applicable provisions regarding unknown claims (such as California Civil Code Section 1542 and similar laws).
13. Changes to the Services
We are always working to improve the Services, which may change over time. We may:
- Suspend or discontinue any part of the Services
- Introduce new features
- Impose limits on certain features
- Restrict access to parts or all of the Services
We may remove any Content from the Services at any time, for any reason, in our sole discretion and without notice.
14. Fees and Paid Services
The Services may be offered for free or for a fee.
If a currently free Service begins to require payment, we will notify you in advance. If you use SMS/text features, standard data and message rates may apply (your responsibility).
14.1 Paid Services
Certain Services may require payment ("Paid Services"). Current pricing is described at our Pricing.
Any payment terms presented to you during signup or use are part of these Terms.
14.2 Billing and Payment Processor
We use a third-party payment processor ("Payment Processor") to bill you through a payment account linked to your account (your "Billing Account").
Currently, we use Stripe, Inc. as our Payment Processor. Please review:
- Stripe Terms: https://stripe.com/us/checkout/legal
- Stripe Privacy: https://stripe.com/us/privacy
By choosing Paid Services, you agree to pay all charges at the prices in effect for any use of such Paid Services per the applicable payment terms, and you authorize us (through the Payment Processor) to charge your selected payment method (your "Payment Method").
If the Payment Processor does not receive payment from you, you agree to pay all amounts due upon demand.
We reserve the right to correct any errors or mistakes made by the Payment Processor, even if payment has already been requested or received.
14.3 Recurring Billing and Auto-Renewal
Some Paid Services may involve recurring charges (e.g., subscriptions). By selecting a recurring plan, you:
- Accept responsibility for all recurring charges until you cancel
- Authorize us to submit periodic charges (e.g., monthly) subject to compliance with applicable law, unless you cancel or change your Payment Method
Unless you opt out of auto-renewal in your Account Settings or any other online portal as applicable, any Paid Services, up to the applicable threshold, will automatically renew for successive terms at the then-current rate.
You may cancel or change your Paid Services in your Account Settings. Cancellation will be effective at the end of your current term. You generally will not receive prorated refunds, unless expressly stated otherwise.
14.4 Current Information
You must provide current, complete, and accurate Billing Account information, and promptly update it if it changes (e.g., billing address, card number, expiration date, or if your Payment Method is cancelled). If you do not, we may continue charging you for Paid Services unless you terminate as provided above.
14.5 Changes in Amount Authorized
If the amount charged differs from what you preauthorized (other than for taxes), we will inform you of the new amount and date of charge before it occurs, as required by applicable law.
14.6 Free Trials and Promotions
Any free trial or promotion for a Paid Service must be used within the stated period. To avoid charges, you must cancel before the end of the trial. If you cancel before the trial ends and are still charged, contact us at support@cyberhuman.ai.
15. Termination
You may stop using the Services at any time by:
- Deleting your account in your Account Settings
- Contacting us at support@cyberhuman.ai
Please review our Privacy Policy and the license provisions in these Terms to understand how we treat your information after termination.
AiJiv may terminate or suspend your access to the Services or your account at any time, for any reason, including your breach of these Terms. AiJiv has the right to decide whether you are in violation of any of these Terms.
Account termination may result in destruction of Content associated with your account.
If you deleted your account by mistake, contact us at support@cyberhuman.ai. We may, but are not obligated to, help recover your account or Content.
Provisions that by their nature should survive termination will survive, including but not limited to: payment obligations, indemnities, limitations of liability, ownership and intellectual property, and dispute resolution.
16. Referral Programs
From time-to-time AiJiv may offer rewards or incentives for referring others to the Services.
Unless otherwise specified:
- The referring user ("Referrer") may refer individuals or entities who are neither current customers nor already registered users ("Referees").
- Referrers will receive stated rewards or incentives for each eligible Referee who completes the required action (e.g., creating an account or making a purchase).
- Multiple referrals to the same Referee will be disregarded.
AiJiv may modify or terminate referral offers at any time and may revoke any offer if it determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of the offer.
AiJiv may revoke rewards or charge for rewards already used or issued to ineligible parties. All offers are subject to any additional terms presented with the offer.
17. Warranty Disclaimer
AIJIV AI INC., ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS (COLLECTIVELY, THE "AIJIV PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES OR CONTENT,
WITHOUT LIMITING THE FOREGOING, THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so some of the above limitations may not apply to you.
18. Use of Artificial Intelligence
AiJiv may utilize proprietary and/or third-party artificial intelligence ("AI") technologies, which include but are not limited to AI-enabled chatbots and voice assistants. These AI tools are continually being trained on input data and designed to be as accurate and error-free as possible; however, AiJiv does not guarantee the complete accuracy or error-free nature of AI-generated content, responses, recommendations and insights.
Users acknowledge and agree that AI-generated content, responses, recommendations and insights provided on the Platform are:
- for informational and assistive purposes only;
- not a substitute for any professional opinion, advice, diagnosis, or treatment.
Where the app offers third-party AI-powered chatbots or similar AI tools or technologies, AiJiv makes no representations or warranties, express or implied, regarding the accuracy, reliability, safety, or effectiveness of such third-party AI tools.
AiJiv disclaims all liability arising from the use of, reliance on, or outcomes resulting from such AI tools, and you acknowledge that any interaction with or reliance upon AI-powered tools is at your own risk.
19. Limitation of Liability
To the fullest extent permitted by applicable law, you expressly acknowledge and agree that your use of the Platform is at your sole risk, and that the Platform and all related services, content, and features are provided "as is" and "as available", without warranties of any kind.
AiJiv makes no warranties or representations, express or implied, statutory or otherwise, including but not limited to:
- No warranty of accuracy, completeness, reliability, or timeliness of content on the Platform;
- No warranty of merchantability, fitness for a particular purpose, or non-infringement;
- No warranty that the Platform will operate uninterrupted, secure, error-free, or virus-free;
- No warranty that defects or errors will be corrected, or that the Platform will be compatible with your device, browser, operating system, or third-party applications.
You acknowledge and agree that access to and use of the Platform may be subject to limitations, delays, and other technical issues inherent in the use of internet-based services and digital technologies. While we use commercially reasonable efforts to ensure the ongoing availability and functionality of the Platform, we do not warrant that the Platform will operate uninterrupted or error-free at all times. We do not guarantee that the Platform or any part thereof will always be available, uninterrupted, secure, or free from bugs, errors, loss, corruption, or unauthorized access.
Any periodic maintenance, updates, system upgrades, cyberattacks, server failures, and other events are beyond our control may result in temporary unavailability, downtime, system failure or performance-related issues. You also acknowledge that we rely on third-party service providers, and we shall not be liable for any interruption, delay, error, or failure caused by such third-party systems or integrations.
You are solely responsible for ensuring that your devices, systems, and software are properly configured, secure, and compatible with the Platform. We do not guarantee that the Platform will function properly on all devices, operating systems, or browsers, or that it will be available in all locations or at all times.
Your access to and use of the Platform may be subject to the terms of your agreements with third-party service providers, such as mobile carriers or internet service providers. Standard messaging, data, and other fees may apply, and you are solely responsible for any such charges.
We shall not be liable for any damage to, or interference with, your computer systems, mobile devices, data, software, or other equipment arising from your use of the Platform, downloading any content, or accessing any links made available through the Platform.
To the extent permitted under applicable law, in no event shall AiJiv, or its affiliates, licensors, service providers, or any third parties connected to AiJiv, be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever (including but not limited to negligence, strict liability, contract or otherwise even if foreseeable or advised of the possibility of such damages) arising out of or in connection with your use, or inability to use the Platform and services, unauthorized use of the Platform, any third-party content linked to or from the Platform, or any reliance placed on information or analytics made available through the Platform.
To the extent permitted by law, AiJiv's total cumulative liability to you, except for liability arising out of gross negligence, fraud or willful misconduct, , shall be limited to:
- the total amount paid by you, if any, for access to the Services within the three months preceding the event giving rise to the claim; or
- USD 100 (or the equivalent in your local currency).
20. Intellectual Property
Unless otherwise expressly stated, all rights, title, and interest in and to the Platform, including all related Services, features, and materials, shall remain the exclusive property of AiJiv, its affiliates, or licensors.
This includes, without limitation:
- All text, graphics, data, audio, video, photographs, animations, illustrations, icons, visual interfaces, computer code, scripts, algorithms, databases, compilations, documentation, and other content made available through the Platform (hereinafter referred to as "Platform Content");
- The design, structure, coordination, selection, expression, and arrangement of such Platform Content;
- All trademarks, service marks, logos, domain names, brand identifiers, business names, and similar designations (hereinafter referred to as "Trademarks");
- All associated intellectual property rights pertaining to any of the features and services made available over the Platform, including but not limited to copyrights, database rights, design rights, patent rights, trade secrets, and other proprietary rights—whether registered or unregistered and protected under applicable laws and international conventions.
This includes any updates, enhancements, derivative works, translations, adaptations, and modifications of the Platform, Platform Content, or Trademarks, regardless of whether developed by AiJiv or any third party.
The foregoing license is only limited for the Platform to perform its Services to you and it is explicitly clarified that the 'Creator Materials' (as defined in the Creator Agreement), and shall not be used to train, fine-tune or develop any general AiJiv, foundation or third-party model except as expressly permitted under that Creator Agreement.
These rights are protected in all jurisdictions where the Platform is made available and under all relevant intellectual property laws and international treaties.
By using the Platform, you acknowledge and agree that:
- no ownership or title in or to the Platform, Content, or Trademarks is transferred or assigned to you under these Terms;
- AiJiv retains full and exclusive ownership of the Platform, including all intellectual property rights therein.
User Submissions
By submitting, posting, or uploading any content to the Platform ("User Submissions"), you retain all ownership rights in and to such content. Notwithstanding the foregoing, you grant to us a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, sublicensable, assignable, and transferable license to use, reproduce, host, store, modify, adapt, translate, distribute, publish, create derivative works of, publicly perform, publicly display, and otherwise exploit such User Content in any manner, medium, or format, whether now known or hereafter devised, and for any purpose in connection with the operation, development, improvement, marketing, and promotion of the Platform and AiJiv's business.
You represent and warrant that you possess all rights, licenses, consents, and permissions necessary to grant such license and that your User Content does not and will not infringe, misappropriate, or otherwise violate any rights including but not limited to intellectual property rights of any third party. You waive, and agree not to assert, any and all moral rights you may have in such User Content to the maximum extent permitted under applicable law.
Except as expressly stated herein, no licenses—whether express or implied—are granted to you by AiJiv under any intellectual property right, and all such rights are expressly reserved by AiJiv.
Any unauthorized use of the Platform, Content, or Trademarks may violate applicable intellectual property laws, and shall constitute a material breach of these Terms. AiJiv reserves the right to pursue all available legal remedies, including injunctive relief, damages, and recovery of legal costs for any such violations.
Digital Millennium Copyright Act
If you believe that any content provided by users or by AiJiv on the Platform infringes your copyright or trademark under United States or other applicable law, please notify us promptly. We investigate all allegations of infringement brought to our attention. For the full process, including how to file a counter-notice, see our Copyright Dispute Policy.
In accordance with the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), please include the following information in your infringement notice:
- Identification of the copyrighted work or trademark you claim has been infringed, or if multiple works at a single online location are involved, a representative list of such works;
- Identification of the material you claim is infringing, including its location with sufficient detail for us to locate and verify it;
- Your contact information, including name, address, telephone number, and email address if available;
- A statement that you have a good faith belief that the use of the material is unauthorized by the copyright or trademark owner, its agent, or the law;
- A statement that the information provided is accurate and that you are the copyright or trademark owner or authorized to act on behalf of the owner;
- A physical or electronic signature of the owner or an authorized representative.
Please send your notice to:
Cyberhuman.AI, Inc.,100 E. Pine Street,
Suite 110, Orlando,
FL 32801, USA
Attn: DMCA Requests
Please note that failure to comply with all the requirements of this section may invalidate your notice. Some information in your notice may be shared with the user who posted the allegedly infringing content. Under U.S. law (Section 512(f) of the DMCA), any person who knowingly makes a materially false infringement claim may be subject to liability.
For more information about DMCA notices or trademark rights, please visit https://www.copyright.gov and https://www.uspto.gov/trademark.
Indemnity
You agree to defend, indemnify, and hold harmless AiJiv (including its officers, directors, employees, affiliates, agents, and service providers) from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to:
- your access to or use or misuse of the Platform and Services (including actions taken by a third party using your account);
- your User Content;
- any claim of loss or damage to you or any third party due to your use or misuse of the Platform and associated services and features;
- your violation of any provision of these Terms and / or of applicable law;
- your violation of any third-party right, including without limitation, any intellectual property, proprietary, privacy, or data protection right.
If we receive such a claim, suit, or action ("Claim"), we may attempt to notify you at your contact information on file (failure to notify does not relieve your indemnity obligations). This indemnification obligation shall survive the termination of these Terms and your use of the Platform and Services.
21. Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations under them, or your Services account, without AiJiv's prior written consent. Any such attempted assignment by you will be null and void.
We reserve the right to assign or transfer our rights and obligations under these Terms, in whole or in part, without notice or restriction, including but not limited to as part of a merger, acquisition, sale of assets, or any other business transaction.
22. Governing Law
These Terms and your use of the Platform and Services shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law principles.
23. Dispute Resolution; Binding Arbitration; Waiver of Jury Trial and Class Actions
THIS SECTION CONTAINS AN ARBITRATION AGREEMENT THAT MAY AFFECT YOUR LEGAL RIGHTS.
YOU AND AIJIV AGREE TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION AND WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS, SUBJECT TO THE TERMS BELOW.
Any controversy, claim, or dispute arising out of or relating to these Terms, the breach thereof, or your use of the Services (hereinafter referred to as a "Dispute"), shall be finally resolved and settled by arbitration administered by the International Centre for Dispute Resolution ("ICDR") in accordance with its International Arbitration Rules.
The seat of arbitration shall be Florida, United States of America. The arbitration proceedings shall be conducted in English. The arbitral tribunal shall consist of a sole arbitrator unless the parties agree otherwise.
This arbitration agreement and any Dispute shall be governed by and construed in accordance with the Federal Arbitration Act and the laws of the State of Florida, without regard to its conflict of laws principles. The award rendered by the arbitrator shall be final and binding on the parties. Judgment on the award may be entered in any court having jurisdiction thereof, including the state and federal courts located in Miami-Dade County, Florida.
Each party shall bear its own attorneys' fees, costs, and expenses, unless otherwise awarded by the arbitrator in accordance with applicable law. This arbitration provision shall survive any termination of these Terms.
Notwithstanding the foregoing, nothing in this clause shall be construed to preclude either party from seeking interim or injunctive relief in a court of competent jurisdiction in aid of arbitration or to enforce intellectual property rights.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND AIJIV WAIVE THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR LITIGATION, EXCEPT AS OTHERWISE REQUIRED BY LAW OR AS PART OF A CLASS-WIDE SETTLEMENT.
24. Taxes
You are responsible for paying, withholding, filing, and reporting all taxes and other governmental assessments associated with your activity in connection with the Services, except to the extent AiJiv chooses to do so on its own behalf.
25. Miscellaneous
- The failure of either party to exercise any right under these Terms shall not be deemed a waiver of that right.
- If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.
- These Terms are the complete and exclusive statement of the mutual understanding between you and AiJiv and supersede all prior or contemporaneous written and oral agreements relating to their subject matter.
- You acknowledge that you are not an employee, agent, partner, or joint venturer of AiJiv and have no authority to bind AiJiv in any respect.
- Except as expressly set forth in the Arbitration Agreement section, there are no third-party beneficiaries to these Terms.
26. Entire Agreement
These Terms constitute the entire agreement between you and AiJiv regarding your use of the Platform, and they supersede and replace all prior oral or written agreements, understandings, or representations between you and AiJiv relating to the Platform.
Contact Information
Platform Service Provider Entity
Cyberhuman.AI, Inc100 E. Pine Street,
Suite 110, Orlando,
FL 32801, USA