Last modified: 2020/06/18

These Terms of Use set out the terms and conditions governing your access to or useofthe Platform (as defined below) and the Services offered by EssayAiGroup Information Technology Co., Ltd (“We” or “EssayAiGroup”). EssayAiGroup owns, operates, and maintains the website located at [https://www.essayailab.com] (“Website”) and [EssayAiGroup App], a mobile application  (“App”, andtogether with the Website, collectively, the “Platform”) designed to help users (“you”) to create textual content (the "Article"), and deliver email messages (each such email, an “Email”) to recipients designated by users (Articlesand Emails,collectively, the “UserContent”). By accessing and/or using the Platform, or any other products, services or features offered by EssayAiGroup from time to time via the Platform (collectively the “Services”), you agree to be bound and abide by these Terms of Use and all applicable laws and regulations.

Please review theseTerms of Use carefully, as they contain important information and constitute a legal agreement (this “Agreement”) between you and EssayAiGroup. If you do not agree to all of these Terms of Use, please do not use the Services.

EssayAiGroup reserves the right to revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when posted. Your continued use of the Platform and/or the Services following the posting of any revised Terms of Use shall constitute your acceptance of, and agreement to be bound by,any such changes.

1.      Eligibility

Our Services are not intended to be used by persons under the age of eighteen (18).  To be eligible to use our Services, you represent and warrant that you are eighteen (18) years of age or older on the date of your Account registration.

2.      Account

In order to use the Services, you must register for and maintain an active account (“Account”) on the Platform, and provide certain personal information, including your name, email address, phone number, billing and payment information, and any other data requested by us. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Platform and/or Services or termination of your Accountin our sole discretion. You are responsible for all activities that occur under your Account, and you agree to maintain the security and confidentiality of your Account information at all times.You further agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security in connection with your Account.

3.      Payments

We offer monthly subscription plans in connection with your use of the Services.  The scope of Services and the corresponding subscription fee for each subscription planare posted on our Platform. We reserve the right to change such fees at any time by posting a new pricing structure to our Platform and/or sending you a notification by email. We may, but are not obligated to, offer from time to time customized service plans and pricing based on your particular needs. The Services (in whole or in part) will be made available to you after you have made payments with respect to such portion of Services you elect to purchase.  If you do not pay the applicable services fees in full or on time, we reserve the right to cease providing any Services and/or terminate your Account.

4.      Your Representations and Warranties

You hereby represent and warrant that:
 

1. You have the full power and authority to enter into this Agreement;

2. You will comply with all terms of this Agreement and all applicable laws in connection with your use of the Platform and/or the Services; and

3. Your use of the Platform and/or the Services does not breach any contract between you and a third party, or otherwise infringe any rights of third parties, including without limitations, copyright, intellectual property, or other proprietary right of such parties.

5.      Use of Platform and Services

We are a technology services, not a content provider. We offer you the Platform and/or the Services as online tools to create User Content and we facilitate the transmission of such User Content to recipients per your instructions. By signing up for the Platform and/or the Services, you may have access to information, data, materials and resources created or owned by third parties (collectively, "Content"). You acknowledge and agree that we do not own or create, nor do we undertake to review, such Content, and we expressly disclaim any liabilities for such Content, including its legality, validity, accuracy, and appropriateness, and in connection with your access or exposure tosuch Content, whether it violates any laws, regulations or intellectual property rights of any third parties, or otherwise be offensive to you.You agree that such Content represents solely the opinion of the owner and is not endorsed by us.

You may use the Platform and/or the Services only for lawful purposes and in accordance with these Terms of Use. You hereby agree, in connection with youraccess to or use of the Platform and/or the Services, not to

• Act in violation of any applicable laws or regulations (including but not limited to any copyright laws);
• Violate these Terms of Use;
• infringe the copyright, trademark, trade secret, or other intellectual property or other proprietary right of other users or third parties; or violate the privacy, publicity, confidentially or other rights of other users or third parties;
• exploit, harm, or attempt to exploit or harm minors in any way by asking for personally identifiable information, exposing them to inappropriate Content or User Content;
• transmit any virus, worm, Trojan horse or any other potentially malicious code;
• crawl, scrape, or otherwise cache any Content from the Platform and/or the Services without our prior written consent;
• engage in any other conduct that restricts or inhibits anyone else’s use or enjoyment of the Platform and/or the Services, or which, as determined by us, may harm us or our users; or
• interfere or attempt to interfere with the proper functioning of the Platform or the Services, including without limitations, to decompile, reverse engineer or disassemble the Platform and/or the Services, cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform and/or the Services.

You understand and acknowledge we do not undertake to review any User Content you create or transmit while using the Platform and/or the Services. You further agree that you are fully responsible for such User Content, including its legality, validity, reliability, accuracy, and appropriateness, whether it violates any laws, regulations or intellectual property rights of any third parties, and all claims, loss or damages resulting from your creation, transmission or other use of such User Content.

6.      Monitoring and Enforcement

We may review your conduct and User Contentfor compliance with these Terms of Use, but we have no obligation to do so. You understand and agree that we may:

• Take any action with respect to any User Contentthat we deem necessary or appropriate in our sole discretion, including if we believe that such content violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for us;
• Disclose your identity or other information about you to any third party who claims that your User Content violates their rights, including their intellectual property rights or their right to privacy; and/or
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform and/or theServices.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone creating or transmitting any content on or through the Platform. YOU WAIVE AND HOLD HARMLESS RESURE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A RESULT OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all content or materials (including User Content), and cannot ensure prompt removal or recall of any objectionable content or material after it has been transmitted or otherwise made available. Accordingly, we assume no liability for any action or inaction regarding such content. We do not assume any liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 6.

7.      Intellectual Property Rights

The Services, including the Platform and its entire features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by EssayAiGroup[X(Y1], its affiliates, their licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.Subject to these Terms of Use, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable license to use the Platform and/or the Services for so long as your Account remains in good standing and you fully comply with all these Terms of Use. All rights not expressly granted to you are reserved by EssayAiGroup, its affiliates, and their respective licensors.

Subject to the preceding paragraph and the ownership of the Content made available on the Platform, You retain all rights to the User Content you have created resulting from your use of the Platform and/or Services.

8.      External Sites

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have not reviewed all of the information or materials made available on such third-party sites, nor do we have control over the contents of those sites or resources. We do not endorse any such sites and resources, and expressly disclaimresponsibilities for any loss or damage that may arise from your access to or use of them. If you decide to access any of the third-party sites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use applicable to such sites.

You further understand that the we do not store[X(Y2], display or publish any User Contenton the Platform except for the very limited purposes of performing the Services on the Platform. If you elect to store, publish of display any User Content on a third-party site or service provider, you agree to abide by the terms and conditions applicable to such third-party site or service provider. 

9.      Personal Information & Privacy

We may collect personal information from or about you, including without limitations, information provided by you when you create an Account, and information in connection with or arising from youruse of the Platform and/or the Services. You agree that we may store, process and access such information for any legitimate business purposes, and may disclose such information (1) to our service providers and other third parties forthe purposes of supporting or facilitating the Services and/or the Platform, including without limitations, for tax and audit matters, business development, marketing, service improvement, analytics, industry and market research, notification of new services and promotions, and such other purposes consistent with our legitimate business needs, (2) in response to facially valid subpoenas, search warrants, any court order, any law or legal process, any government or regulatory request, (3) to exercise our legal rights, resolve disputes, protect and defend our property or safety, our Services or customers, or enforce or apply these Terms of Use and other agreements, including for billing and collection purposes, (4) to fulfill the purpose for which you provide it, or otherwise as instructed by you, including without limitations, to transmit the Emails to your designated recipients; and (5) for any other purpose disclosed to us when you provide the information.

By submitting information during the Account creation process and/or by using the Services, you consent to such collection,storage, use and disclosure of your personal information, and expressly waive and release us, our affiliates, officers, directors and stockholders from any and all liability, claims, causes of action or damages arising from such collection, storage, use and disclosure of your personal information.

10.  Termination

This Agreement shall commence on the date when you register for an Account on the Platform and shall continue until terminated as set forth herein.

We reserve the right, in our sole discretion, to suspend or terminate your Account and/or your access and use of the Platform and/or the Services, effective immediately, with or without cause. You may also terminate this Agreement by closing your Account, provided that your payment obligations in respect of the Services provided or delivered to you shall survive such termination.

If your Account is terminated, you may continue to access the Platform and use the Services up until the end of the subscription period for which you have paid in full, provided that such termination is not attributable to your failure to fully comply with these Terms of Use.  You are not eligible to receive any refund upon the termination of your Account and/or the Services for any reason, or no reason.

The following sections shall survive the termination ofthese Terms of Use: Sections 7 (Intellectual Property Rights), 11 (Disclaimer of Warranties),12 (Limitation of Liability), and13 (Indemnification).

11.  Disclaimer of Warranties

YOUR USE OF OR RELIANCE ON THE SERVICESAND/OR THE PLATFORM IS AT YOUR OWN RISK. THE SERVICES,THE PLATFORM, AND ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICES AND/OR THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RESURE NOR ANY PERSON ASSOCIATED WITH RESURE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, THE PLATFORM, AND ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES AND/OR THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER RESURE NOR ANYONE ASSOCIATED WITH RESURE REPRESENTS OR WARRANTS THAT THE SERVICES, THE PLATFORM, AND ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES AND/OR THE PLATFORMWILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORMOR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, THE PLATFORM, AND ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES AND/OR THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, RESURE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.

12.  Limitation of Liability

IN NO EVENT SHALL RESURE BE LIABLE TO YOU OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE PLATFORM, OR ANY CONTENT, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE.

IN NO EVENT WHATSOEVER SHALL RESURE, ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR INCURRED IN ANY CONNECTION WITH YOUR ACCESS AND/OR USE OF THE SERVICES AND/OR THE PLATFORM, INCLUDING IN ANY CONNECTION WITH THE CREATION OR TRANSMISSION OF ANY USER CONTENT, ANY INFORMATION OR DATA PROVIDED THROUGH THE SERVICES AND/OR PLATFORM, OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION, HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION, EVEN IF FORESEEABLE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SERVICES OR THEPLATFORM, FOR ANY CAUSE AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTRESURE COLLECTSFROM YOU IN CONNECTION WITHTHE SERVICES GIVING RISE TO THE CLAIM.

13.  Indemnification

By agreeing to these Terms of Use, you agree to indemnify, defend and hold harmless EssayAiGroup,its affiliates, or their directors, officers, employees, shareholders, agents and third-party contractors, suppliers and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your use of the Servicesin violation of these Terms of Use, any applicable laws, or any rights of any third parties, (ii) your breach of any representations, warranties or covenants contained in these Terms of Use, or (iii) your access to or use of the Platform and/or the Services. You further agree that you will cooperate as reasonably required in the defense of such claims. EssayAiGroup and its affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any claim or matter without the prior written consent of EssayAiGroup.

14.  Copyright Notices

It is our policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act. If you believe that any content made available on or through the Platform and/or the Services infringes upon any copyright which you own or control, you may request removal of those materials (or access thereto) from the Platform and/or the Services by contacting us and providing the pertinent information in writing in connection with the alleged infringement. Please include your name, mailing address, telephone number, email address, and direct your notification to us by email at [*].We reserve the right to terminate the accounts of users who are repeat infringers.

15.  Miscellaneous  

Relationship of the Parties. No joint venture, partnership, employment, or agency relationship exists between you, EssayAiGroup or any other third party as a result of your use of the Services. Neither you nor EssayAiGroup shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

Governing Law and Jurisdiction. All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. All disputes arising out of or in connection with this Agreement shall be settled by arbitration in to be held in the [County of Santa Clara], California, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The party that does not prevail shall pay all of the costs and expenses of such arbitration, and each party shall separately pay its respective counsel fees and expenses.

No Waiver; Severability. EssayAiGroup’s failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EssayAiGroup in writing. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement. These Terms of Use shall constitute the entire agreement between you and EssayAiGroup concerning the Platform and/or the Services.

Questions and Comments. If you have any questions about these Terms of Use or need to notify usas to any matter relating to the Platform and/or the Services, please contact us by email: [*]