Aragon Terms of Service

Welcome, and thank you for your interest in Aragon AI, Inc. ( “Aragon,” “we,” or “us”) and our website at www.aragon.ai, along with our related websites, hosted applications or mobile or other downloadable applications (collectively, the “App”), and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Aragon regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” CREATING AN ACCOUNT, DOWNLOADING OR INSTALLING THE APP, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ARAGON'S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND ARAGON'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY ARAGON AND BY YOU TO BE BOUND BY THESE TERMS.

IF YOU ARE ACCESSING AND USING THE SERVICE UNDER ANY ENTERPRISE AGREEMENT, THEN, IN THE EVENT OF A CONFLICT BETWEEN SUCH ENTERPRISE AGREEMENT AND THESE TERMS, THE TERMS OF SUCH ENTERPRISE AGREEMENT WILL GOVERN SUCH USE.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND ARAGON ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

AUTOMATIC RENEWAL NOTICE. IF YOU SUBSCRIBE TO THE SERVICE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF THE SAME DURATION AS YOUR INITIAL SUBSCRIPTION PERIOD AT ARAGON'S THEN-CURRENT FEE FOR SUCH SUBSCRIPTION UNLESS YOU CANCEL BEFORE THE RENEWAL DATE IN ACCORDANCE WITH THE SUBSCRIPTION SERVICE TERMS BELOW. PLEASE REVIEW THE SUBSCRIPTION SERVICE TERMS CAREFULLY FOR ALL DETAILS.

Aragon Service Overview. Aragon is an artificial intelligence (“AI”) platform that enables users to generate, enhance, and transform digital content, including imagery, video, audio, and other AI-generated media. As part of the Service, Aragon makes available a suite of AI tools for audio, visual, and audiovisual creation and editing (the “AI Tools”) that allow users to generate AI headshot images and other content (the “Output”). Users may upload images and other User Content, including text, audio, and video (collectively, “Input”), to the Service. Input may include a set of uploaded photos of an individual which, when processed by the Service and AI tools to enable the generation of specific Output depicting that individual, can be used to generate specific Output. The Service may generate outputs across a variety of formats, styles, backgrounds, and poses. Aragon may utilize third-party artificial intelligence models and services in connection with the Service. Aragon contracts with such third-party providers to impose restrictions on their processing of Input as set out in the Privacy Policy, but Aragon does not directly control the underlying training data of such third-party models, and you acknowledge that such third-party models may produce outputs that are inaccurate, infringing, or otherwise problematic.
Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service complies with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. Accordingly, all references to “you” or “your” in these Terms will also be deemed to include such entity. You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Accounts and Registration. To access most features of the Service, you must create an account (“Account”) using your email address or connect to the Service through an account on a Third-Party Service (defined below) (each, a “Third-Party Account”). In registering an Account, you shall (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (“Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current, or if Aragon has reasonable grounds to suspect that any information you have provided is untrue, inaccurate, incomplete, or not current, Aragon has the right to suspend or terminate your Account and refuse any and all current or future use of the Service. You shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Service by minors through your Account. You may not share your Account or password with anyone, and you agree to notify Aragon immediately of any unauthorized use of your password or any other breach of security. You shall not have more than one Account at any given time. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. Aragon reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights. You are solely responsible for all actions taken on the Service via your Account (including any Third-Party Account). You agree to notify us promptly in the event of actual or suspected unauthorized access to your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Aragon. When you connect a Third-Party Account to the Service, you are submitting to Aragon your login credentials for such Third-Party Account (“Third-Party Account Credentials”). By providing Aragon with your Third-Party Account Credentials, you are authorizing Aragon to act on your behalf to retrieve information from the applicable Third-Party Account for purposes of providing the Service under these Terms. You are responsible for ensuring that your Third-Party Account Credentials have been shared in accordance with the terms of your agreement with the applicable Third-Party Account provider. Third-Party Accounts are not under Aragon's control and Aragon is not responsible for any actions taken by third parties in connection with your sharing of Third-Party Account Credentials. If you join a team account on the Service, you represent and warrant that you have been duly authorized by the team account administrator and the applicable organization to access the Services through that team account. You acknowledge that team account administrators may have access to your User Content and Output generated through the team account. Aragon is not responsible for any access to, use of, or disclosure of your User Content or Output by a team account administrator or other team members, and you assume all risk associated with joining a team account.
General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law.
1. Price. Aragon reserves the right to determine pricing for the Service. Aragon will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Aragon may change the fees for any feature of the Service, including by adding new fees or charges, if Aragon gives you advance notice of changes before they apply. Aragon, at its sole discretion, may make promotional offers with different features and different pricing to any of Aragon's customers. You will not be eligible for any of these promotional offers, unless made to you.
2. Authorization. You authorize Aragon or its third-party payment processor(s) (“Payment Processor”) to charge all sums for the orders that you make and any level of Service you select, as described in these Terms or published by Aragon, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Aragon or its Payment Processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You acknowledge and agree that additional terms apply to the Payment Processors and your use of their services, including Stripe's terms as made generally available at https://stripe.com/legal/ssa and Paddle's terms as made generally available at https://www.paddle.com/legal/checkout-buyer-terms. For mobile in-app purchases processed through RevenueCat, RevenueCat's terms also apply, in addition to the terms of the applicable mobile platform (Apple or Google).
3. Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select at checkout (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service from within your Account, or as otherwise indicated on the Service, or we terminate it. If you activate a Subscription Service, then you authorize Aragon or its Payment Processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date in accordance with the billing terms presented to you at the time of purchase. Credits and usage allowances provided with your Subscription Service are subject to rate limits that may vary by feature and by subscription period, including both monthly and annual limits. Any unused Credits or allowances expire at the end of the applicable Subscription Period and will not carry over, unless otherwise agreed by us. For information on the “Subscription Fee”, please see our pricing page (available at www.aragon.ai/pricing). Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Aragon or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by contacting us at support@aragon.ai. Subscription modification or cancellation requests submitted via email must be sent from the email address associated with your Aragon Account. Aragon will not process modification or cancellation requests sent from any other email address or submitted by third parties on your behalf, unless required by applicable law. If you contact support@aragon.ai from an email address other than your Account email, you may be asked to verify your identity before any changes are made. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD. If you upgrade your Subscription during a Subscription Period, the upgrade will take effect immediately, and any incremental fees will be charged on a pro-rata basis for the remainder of the then-current Subscription Period. Future Subscription Periods will be billed at the upgraded rate. If you downgrade your Subscription, the downgrade will take effect at the beginning of the next Subscription Period. You acknowledge that a downgrade may result in the loss of access to certain Content, features, functionality, or capacity associated with your prior Subscription tier, and Aragon shall not be liable for any such loss.
4. Delinquent Accounts. Aragon may suspend or terminate access to the Service, including Subscription Services or other fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the applicable Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of the unpaid amount, including collection fees. If your payment method is no longer valid at the time any fee is due, then Aragon reserves the right to suspend or terminate your access to the Service and delete your account and any information or User Content (defined below), subject to applicable law and Aragon's data retention practices. If Aragon or its Payment Processors are unable to charge your provided payment method for any reason (including card expiration, insufficient funds, or payment processor decline), Aragon will use commercially reasonable efforts to notify you and may retry billing using the payment method on file. You agree to reimburse Aragon for all costs and expenses incurred in connection with the collection of any unpaid amounts, including reasonable attorneys' fees, court costs, collection agency fees, and any applicable interest on the outstanding balance at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is less).
5. Credits. In certain instances, you may receive or purchase credits (“Credits”) to access and use specific features of the Service. Purchased Credits can be redeemed only for products and services available through the Service and may only be used within the specified timeframe designated at the time of purchase or otherwise communicated by Aragon. Credits are not stored value vehicles or any other financial instrument. Unused Credits may be forfeited upon Account cancellation, termination, or cessation of the applicable Service feature, except as required by applicable law or as otherwise set forth on the Service. Credits have no cash value, are non-transferable, non-reloadable, and non-redeemable for cash except as required by law. Aragon may change Credit terms, pricing, and the value of services obtainable with Credits at any time in its sole discretion upon reasonable notice to you.
6. Promotional Credits. Aragon may, at its discretion, offer loyalty, award, or promotional Credits (“Promotional Credits”), including to free tier users (“Free Tier Credits”). Promotional Credits may expire as specified at the time of issuance, have no cash value, and are non-transferable, non-reloadable, and non-redeemable for cash except as required by law. No inactivity or other fees apply to Promotional Credits. Aragon reserves the right to modify or discontinue any Promotional Credits program at any time without prior notice.
Licenses
1. Limited License. Subject to your complete and ongoing compliance with these Terms, Aragon grants you, solely for your permitted use under these Terms, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (i) access and use the Service, and (ii) download, install, and use one copy of the App on a mobile or other device owned or controlled by you, and to run such copy of the App.
2. Output. The AI Tools will use your Inputs to generate the Output. Subject to your compliance with these Terms, Aragon hereby assigns to you all of its rights, title, and interest (if any) in and to the Output generated through your use of the Service. You may use such Outputs for your own personal or commercial purposes, subject to these Terms. The AI Tools may provide the same or similar Output to other users, and Aragon's assignment to you in the preceding sentence does not apply to output resulting from other users' use of the Service. You agree that we may use Output to (a) provide, maintain, develop, protect and improve the Service or our other products and services, in each case consistent with the restrictions set out in the Privacy Policy, (b) comply with applicable law, and (c) enforce these Terms and any Additional Terms (defined below). You are solely responsible for your use of any Output.
3. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law, including any law or rule in your jurisdiction, from using the Service, then you may not use it.
4. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”) then you hereby grant Aragon an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to provide and improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
5. Updates. You understand that the Service is evolving. As a result, we may require you to install updates to the App on the device through which you access the Service. You acknowledge and agree that you may need to update software provided by Third-Party Services from time to time in order to continue to use the Service.
Ownership; Proprietary Rights. The Service is owned and operated by Aragon. The AI Tools, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) are the property of Aragon and our licensors, and are protected by intellectual property and other laws. For clarity, Materials excludes Outputs resulting from your use of the Service, which, as between you and Aragon, are owned by you. Except as expressly authorized by Aragon, you may not make use of the Materials. There are no implied licenses in these Terms and Aragon reserves all rights to the Materials not granted expressly in these Terms.
Third-Party Terms
1. Third-Party Services and Linked Websites. Aragon may provide or link to websites, tools, and other services made available by third parties (“Third-Party Services”) through the Service, including Third-Party Services that may process or export your User Content and Third-Party Services that allow you to link your account on the Service with an account on the Third-Party Service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize Aragon to transfer that information to the applicable Third-Party Service. Third-party services are not under Aragon's control, and, to the fullest extent permitted by law, Aragon is not responsible for the actions or omissions of any Third-Party Service, including any Third-Party Service's use of your exported information. Please be sure to review the terms of use and privacy policy of any Third-Party Services before you interact with or share any User Content or information with such Third-Party Services.
2. Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
User Content
1. User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including but not limited to messages, reviews, photos, images, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
2. Limited License Grant to Aragon. By Posting User Content to or via the Service, you grant Aragon a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed, and in each case subject to the restrictions set out in the Privacy Policy. If you Post User Content to the Service, you hereby grant Aragon the right to use the data, content, and information derived from the User Content, including Output generated by the Service, for the purpose of providing and improving the Service and displaying the Output on the Service's website, profiles, galleries, or any other promotional medium, in each case subject to the restrictions set out in the Privacy Policy. You agree that Aragon may aggregate your data with the data of other Aragon users for purposes related to providing and improving the Service. If you make any User Content or Output publicly available through the Service, including in any public gallery or shared feature, you grant to other users of the Service a non-exclusive, worldwide, royalty-free license to access, use, reproduce, and display such content for their own lawful purposes. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content (including Output) Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content or Output and from Aragon's exercise of the license set forth in this Section.
3. Username Attribution. By submitting User Content to any non-private area of the Service, including any public gallery or shared feature, you expressly permit Aragon to identify you by your username as the contributor of that User Content in any publication, promotion, or other communication, in any form, media, or technology now known or later developed.
4. Specific Rules for Photographs and Images. If you upload any photograph, image, or likeness that depicts another person, you represent and warrant that you have obtained all necessary consents, permissions, or releases from that person or their legal guardian, if applicable, and that such consents expressly permit the creation of AI-generated content, including any modification, transformation, or synthetic generation of such likeness. You may not upload, generate, or otherwise use images of other individuals without such prior authorization. You may not, and may not attempt to, create, upload, Post, or generate Output or other content that impersonates any person, misrepresents the identity of any individual, or is intended to deceive or mislead others as to the identity of any person. You may not Post or attempt to generate using AI Tools any photograph, image, or likeness depicting a minor, and you represent and warrant that all individuals depicted in your Posted content or Output are 18 years of age or older. You further agree not to request or generate content in the style of any specific artist, creator, or public figure where such use or any Output generated therefrom would reasonably be expected to infringe or violate any intellectual property, publicity, or other rights.
5. You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Aragon disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
  1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Aragon and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Aragon, the Service, and these Terms including, where applicable, the creation of AI-generated content based on such User Content;
  2. your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right including through the creation of AI-generated content that uses or replicates the likeness, voice, or identity of any person without authorization; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Aragon to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
  3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
6. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Aragon may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Aragon with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Aragon does not permit infringing activities on the Service. Notwithstanding the foregoing, Aragon will remove and report to appropriate authorities, including the National Center for Missing & Exploited Children (NCMEC), any content that constitutes or appears to constitute child sexual abuse material (CSAM) or other illegal content depicting minors.
7. Monitoring Content. While Aragon may in its discretion utilize certain content monitoring tools and techniques, you acknowledge and agree that Aragon has no obligation to monitor any User Content, and shall not be liable to you or any third party arising from or related to any User Content that is Posted on the Service. Without limiting the foregoing, Aragon does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. Aragon reserves the right to access, read, preserve, and disclose any information, data, or materials on or in the Service, including User Content, Inputs, Output, and Account information, in Aragon's possession in connection with your use of the Service, as Aragon reasonably believes is necessary to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) enforce these Terms, including investigation of potential violations; (c) detect, prevent, or otherwise address fraud, security, or technical issues; (d) respond to user support requests; or (e) protect the rights, property, or safety of Aragon, its users, or the public. Aragon may cooperate with law enforcement authorities in the investigation of any suspected criminal activity. Nothing in this Section shall impose any obligation on Aragon to monitor or investigate any User Content, Output, or user activity. Aragon may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.
8. Reporting Illegal Content. Aragon reserves the right to monitor for illegal content, including child sexual abuse material (CSAM) and other unlawful or abusive uses of AI-generated Output, and may use automated or manual systems to detect illegal content. In accordance with federal law (18 U.S.C. § 2258A), Aragon will report any apparent violations involving CSAM to the National Center for Missing & Exploited Children (NCMEC) and may report to relevant law enforcement agencies. Aragon reserves the right to preserve and disclose any information necessary to comply with applicable law, regulation, legal process, or governmental request. Users who Post, upload, generate, or attempt to generate illegal content will have their accounts immediately terminated without refund, and their information may be provided to law enforcement.
9. Storage. Unless expressly agreed to by Aragon in writing, Aragon has no obligation to store any of your User Content or Output. Aragon has no responsibility or liability for the deletion or accuracy of any User Content or Output, the failure to store, transmit, or receive transmission of User Content or Output, or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service. You agree that Aragon retains the right to create reasonable limits on its use and storage of User Content, including limits on file size, storage space, processing capacity, retention periods, and similar limits as described on the Service or as otherwise determined by Aragon in its sole discretion. You are solely responsible for maintaining backup copies of any User Content or Output that you wish to retain.
10. Settings. Certain features and functionality of the Service may enable you to specify the level at which the Service restricts access to Your Content or Output. In such cases, you are solely responsible for applying the appropriate level of access to Your Content. If you do not choose a level of access, the system may default to its most permissive setting. Aragon shall not be liable for any disclosure, display, or access to Your Content that results from your failure to configure privacy or access settings.
Communications. We may send you emails concerning our products and services, as well as those of third parties, in accordance with applicable law. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
Prohibited Conduct (Acceptable Use Policy). BY USING THE SERVICE, YOU AGREE NOT TO:
1. upload, generate, request, prompt, or transmit any content that depicts, promotes, or facilitates child sexual abuse material (CSAM), child exploitation, or any content that sexualizes minors in any way;
2. upload, generate, request, prompt, or transmit any content depicting, promoting, or facilitating human trafficking, non-consensual sexual content, or sexual violence;
3. use the Service to generate Output depicting any person without that person's consent, or to generate Output that contains sexually explicit or nude imagery of any real person or to generate Output that replicates or simulates the likeness, voice, or identity of any person without authorization;
4. request or generate Output in the style of any specific artist, creator, or public figure where such use would violate applicable law or the rights of any third party;
5. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
6. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
7. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
8. generating, distributing, or facilitating content that degrades, intimidates, incites violence against, or discriminates against individuals based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or other protected characteristics;
9. access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Aragon, including for the purpose of extracting data or outputs to train or develop competing models or services (except that Aragon grants the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials);
10. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
11. interfere with the operation of the Service or any user's enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
12. imposing an unreasonable or disproportionate load on Aragon's infrastructure, including through automated scripts, bots, or other tools that send requests at a volume no human user could generate through normal use;
13. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service Account without permission, or falsifying your age or date of birth or otherwise misrepresenting the origin of any AI-generated content;
14. use any automated system, including any artificial intelligence agent or tool (“Agent”), to interact with the Service unless you are fully responsible for such Agent, and you acknowledge and agree that you are solely liable for all actions taken by any Agent acting on your behalf, whether or not such actions were authorized by you;
15. use the Service or any Outputs from the Service to train, develop, or improve any machine learning or artificial intelligence models without Aragon's prior written consent;
16. monitoring or testing the availability, performance, or functionality of the Services for competitive intelligence purposes;
17. frame or utilize framing techniques to enclose any trademark, logo, or other portion of the Service (including images, text, page layout, or form of any page or screen within the Service);
18. use any metatags or other “hidden text” using Aragon's name or trademarks without Aragon's prior written consent;
19. use the Service to generate content for political campaigning, political advertising, or to attempt to influence the outcome of any election, referendum, ballot measure, or similar political process. You may not use the Service to create synthetic media (including AI-generated images, audio, or video) depicting real political figures, candidates, or officeholders in a manner that could reasonably be construed as an endorsement, statement, or action by such figure, or that is intended to mislead voters or the public regarding any political matter;
20. use the Service to create content with the intent to deceive, defraud, or mislead any person, including but not limited to: generating synthetic or manipulated media (“deepfakes”) of real individuals for malicious, deceptive, or non-consensual purposes; creating content for phishing, social engineering, or any fraudulent activity; impersonating any real person (other than yourself) without clear and conspicuous disclosure that the content is AI-generated; or misrepresenting the nature or origin of AI-generated content in a manner likely to cause confusion or harm. You agree that when using or distributing Output that depicts realistic but AI-generated people, scenes, or events, you will not affirmatively represent such content as authentic, unaltered, or human-created where doing so would be misleading; or
21. use the Service or any Output as the sole or primary basis for any automated decision-making or profiling that produces legal or similarly significant effects concerning any individual, including decisions about employment, hiring, housing, credit, insurance, education, healthcare, or access to essential services; or
22. attempt to do, or assist or permit any person in engaging in, any of the acts described in this Section 10 (Prohibited Conduct).
Intellectual Property Rights Protection
1. Respect of Third Party Rights. Aragon respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service, including in connection with Outputs.
2. AI Outputs Disclaimer. Users acknowledge that Outputs may be similar to or replicate existing copyrighted or proprietary works, and Aragon does not guarantee that Outputs will be unique or free from third-party rights. Users are solely responsible for evaluating whether their use of any Output complies with applicable intellectual property laws.
3. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
  Aragon AI, Inc.
  Attn: Legal Department (IP Notification)
  440 N Barranca Ave #4760
  Covina, CA 91723
  Email: legal@aragon.ai
4. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  2. a description of the copyrighted work or other intellectual property right that you claim has been infringed;
  3. a description of the material that you claim is infringing and where it is located on the Service;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
  6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner's behalf.
  Your Notification of Claimed Infringement may be shared by Aragon with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Aragon making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
5. Repeat Infringers. Aragon's policy is to: (a) remove or disable access to material that Aragon believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people's copyright or other intellectual property rights. Aragon will terminate the accounts of users that are determined by Aragon to be repeat infringers. Aragon reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
6. Counter Notification. If you receive a notification from Aragon that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Aragon with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Aragon's Designated Agent through one of the methods identified in Section 11.3 (DMCA Notification), and include substantially the following information:
  1. your physical or electronic signature;
  2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Aragon may be found, and that you will accept service of process from the person who provided notification under Section 11.3 (DMCA Notification) above or an agent of that person.
  A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.
7. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Aragon in response to a Notification of Claimed Infringement, then Aragon will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Aragon will replace the removed User Content or cease disabling access to it in 10 business days, and Aragon will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Aragon's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Aragon's system or network.
8. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under Section 512 of the Copyright Act (17 U.S.C. § 512) (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Aragon relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Aragon reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
Modification of Terms. We may, from time to time, change these Terms. We will provide notice of material changes to these Terms by email, in-Service notification, or other reasonable means at least 30 days before such changes take effect, except that changes required for security, legal compliance, or service integrity may take effect more quickly with such notice as is reasonable under the circumstances. Non-material changes may be made by posting updated Terms on the Service. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content, delete your Account and discontinue your use of the Service. Except as expressly permitted in this Section 12 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
Term, Termination, and Modification of the Service
1. Term. These Terms are effective beginning when you accept the Terms, as described in the preamble, or first access or use the Service, and ending when terminated as described in Section 13.2 (Termination).
2. Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Aragon may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination, including in cases involving suspected misuse of AI functionality or violation of applicable laws. You may terminate your Account and these Terms at any time by contacting customer service at support@aragon.ai.
3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your Account or the Service; (c) you must pay Aragon any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.4 (Feedback), 6 (Ownership; Proprietary Rights), 13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties by Aragon), 16 (Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 18 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your Account, you may lose access rights to any User Content you Posted to the Service. If your Account has been terminated for a breach of these Terms, then you are prohibited from creating a new Account on the Service using a different name, email address or other forms of Account verification. Notwithstanding the foregoing, in the event Aragon terminates these Terms or your Account without cause (i.e., not as a result of your breach of these Terms or violation of applicable law), Aragon will refund you the pro-rata portion of any pre-paid Subscription Fee attributable to the unused remainder of the then-current Subscription Period. No refund shall be due where termination is for cause, including termination resulting from your breach of these Terms, violation of the Prohibited Conduct provisions, or any other grounds specified herein.
4. Modification of the Service. Aragon reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Aragon will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.
Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Aragon, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Aragon Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation, including laws relating to artificial intelligence, data use, or intellectual property; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right, including arising from your use of AI Tools or Output; or (4) any dispute or issue between you and any third party, including without limitation any Third-Party Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. This Section 14 does not require you to indemnify any of the Aragon Entities for any unconscionable commercial practice by such entity, or for such entity's fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Service. You agree that the provisions in this Section will survive any termination of your Account, these Terms, and/or your access to the Service.
Disclaimers; No Warranties by Aragon
1. THE SERVICE AND ALL MATERIALS AND CONTENT (INCLUDING OUTPUT) MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ARAGON DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ARAGON DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY OUTPUT, MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ARAGON DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ARAGON ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ARAGON ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM: (a) THE SERVICE; (b) ANY ERRORS, INACCURACIES, OR OMISSIONS IN THE OUTPUT OR OTHER CONTENT PROVIDED BY THE AI TOOLS; (c) YOUR ABILITY OR INABILITY TO UPLOAD, EXPORT, RETRIEVE, TRANSFER, OR REMOVE ANY USER CONTENT OR YOUR OUTPUT FROM THE SERVICE; AND (d) YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND EVALUATING ANY OUTPUT OR OTHER CONTENT GENERATED BY THE SERVICE BEFORE USING OR RELYING ON IT.
3. ARAGON USES ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TO PROVIDE THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE TECHNOLOGY USED BY ARAGON TO PROVIDE THE SERVICE IS EXPERIMENTAL, RAPIDLY EVOLVING, AND SUBJECT TO UNEXPECTED OUTPUTS AND RESULTS. THE AI TOOLS MAY PROVIDE RESULTS THAT CONTAIN ERRORS, OMISSIONS, OR NOT ACCURATELY REFLECT REAL EVENTS, PLACES, PEOPLE, OR FACTS. YOU ACKNOWLEDGE AND AGREE THAT ARAGON WILL NOT BE LIABLE FOR ANY MISTAKES, INACCURACIES, OMISSIONS, OR OFFENSIVE MATERIAL IN THE OUTPUT OR ANY OTHER CONTENT GENERATED BY THE SERVICE. YOU RELY UPON THE OUTPUT AT YOUR SOLE RISK AND ARE SOLELY RESPONSIBLE FOR ANY USE OF SUCH OUTPUTS. YOU FURTHER ACKNOWLEDGE THAT AI-GENERATED OUTPUTS MAY BE INFLUENCED BY TRAINING DATA FROM THIRD-PARTY SOURCES NOT CONTROLLED BY ARAGON, AND ARAGON MAKES NO REPRESENTATIONS REGARDING THE ORIGIN, OWNERSHIP, OR RIGHTS ASSOCIATED WITH SUCH TRAINING DATA. ARAGON MAKES NO REPRESENTATION OR WARRANTY THAT ANY OUTPUT GENERATED BY THE SERVICE WILL BE UNIQUE, NON-INFRINGING, OR SUITABLE FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT OUTPUTS MAY BE SIMILAR OR IDENTICAL TO CONTENT GENERATED FOR OTHER USERS OR TO EXISTING THIRD-PARTY CONTENT.
4. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 (DISCLAIMERS; NO WARRANTIES BY ARAGON) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Aragon does not disclaim any warranty or other right that Aragon is prohibited from disclaiming under applicable law. Nothing in this Section 15 limits or excludes liability for Aragon's fraud or fraudulent misrepresentation.
5. Beta Features. From time to time, Aragon may offer new features, tools, or services designated as “beta,” “preview,” “experimental,” or similar labels (“Beta Features”). Beta Features are provided solely for experimental and evaluation purposes, without any warranty of any kind, express or implied. Aragon may modify, suspend, or discontinue any Beta Feature at any time in its sole discretion without notice or liability. You acknowledge that Beta Features may contain errors, bugs, or inaccuracies and may not perform as intended. The provisions of Section 15 (Disclaimers; No Warranties by Aragon) and Section 16 (Limitation of Liability) apply with full force to all Beta Features. Your use of any Beta Feature is entirely at your own risk.
6. Free Services. Any tools or services on the Service that are offered free of charge are provided on an “as-is” and “as-available” basis. Aragon makes no representations or warranties of any kind, express or implied, regarding the availability, reliability, or continuity of any free service or tool. Aragon reserves the right, at its sole discretion and at any time without notice, to: (a) suspend, limit, or discontinue access to any free tool or service; (b) impose usage limits, queue times, or indefinite wait periods; and (c) modify or deprecate features without prior notice. Use of any free service does not create an obligation on Aragon's part to provide continued, uninterrupted, or timely access. Wait times for free-tier services are indefinite and not guaranteed. To the fullest extent permitted by applicable law, Aragon disclaims all liability for any loss or damage arising from your reliance on the availability or performance of any free service.
7. Content Moderation Disclaimer. ARAGON MAY EMPLOY AUTOMATED FILTERS, CLASSIFIERS, AND OTHER CONTENT MODERATION TOOLS TO DETECT AND PREVENT THE GENERATION OR DISTRIBUTION OF PROHIBITED CONTENT THROUGH THE SERVICE. HOWEVER, ARAGON DOES NOT WARRANT THAT SUCH FILTERS OR SAFEGUARDS WILL DETECT, BLOCK, OR PREVENT ALL PROHIBITED, INFRINGING, OFFENSIVE, OR OTHERWISE OBJECTIONABLE CONTENT, NOR THAT THEY WILL PERFECTLY MEET YOUR SENSITIVITY EXPECTATIONS OR CONTENT STANDARDS. YOU ACKNOWLEDGE THAT NO AUTOMATED CONTENT MODERATION SYSTEM IS INFALLIBLE AND THAT SOME PROHIBITED CONTENT MAY EVADE DETECTION WHILE SOME PERMISSIBLE CONTENT MAY BE INCORRECTLY FLAGGED OR BLOCKED. ARAGON SHALL NOT BE LIABLE FOR ANY CONTENT THAT PASSES THROUGH ITS MODERATION SYSTEMS, NOR FOR ANY CONTENT THAT IS INCORRECTLY BLOCKED OR REMOVED BY SUCH SYSTEMS.
Limitation of Liability
1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ARAGON ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, ANY AI TOOLS OR ANY OUTPUTS, OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ARAGON ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
2. EXCEPT AS PROVIDED IN SECTIONS 17.5 (Commencing Arbitration) AND 17.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ARAGON ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO ARAGON FOR ACCESS TO AND USE OF THE SERVICE IN THE 3 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; or (b) US$100.
3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
4. Assumption of Risk for AI Outputs. YOU ACKNOWLEDGE AND AGREE THAT AI-GENERATED OUTPUTS ARE INHERENTLY PROBABILISTIC AND MAY BE UNPREDICTABLE, INACCURATE, INCOMPLETE, OR OTHERWISE UNSUITABLE FOR YOUR INTENDED PURPOSE. YOU ASSUME ALL RISK FOR ANY ACTIONS YOU TAKE, OR DECISIONS YOU MAKE, BASED ON OR IN RELIANCE UPON ANY OUTPUT GENERATED BY THE SERVICE. WITHOUT LIMITING THE FOREGOING, YOU RELEASE THE ARAGON ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, AND LIABILITIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE, DISTRIBUTION, PUBLICATION, OR RELIANCE ON ANY OUTPUT, INCLUDING ANY DISPUTE BETWEEN YOU AND ANY THIRD PARTY RELATING TO ANY OUTPUT. ANY SUCH DISPUTE MUST BE RESOLVED BETWEEN THE PARTIES INVOLVED, AND YOU AGREE THAT ARAGON SHALL HAVE NO OBLIGATION TO PARTICIPATE IN OR BE LIABLE FOR ANY SUCH DISPUTE.
Dispute Resolution and Arbitration
1. Generally. Except as described in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and Aragon agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
  YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ARAGON ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
2. Exceptions.
  1. Informal Dispute Resolution. You and Aragon agree that good-faith informal efforts to resolve Disputes can result in a prompt, low-cost, and mutually beneficial outcome. Before either party commences arbitration against the other (or initiates an action in small claims court), the parties shall personally meet and confer telephonically or via videoconference in a good-faith effort to resolve informally any Dispute covered by this Section 17 (an “Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you shall also personally participate. The party initiating a Dispute must give written notice to the other party of its intent to initiate an Informal Dispute Resolution Conference (“Dispute Notice”). The Informal Dispute Resolution Conference shall occur within forty-five (45) days after the other party receives such Dispute Notice, unless an extension is mutually agreed upon. Dispute Notice to Aragon should be sent by email to legal@aragon.ai or by certified mail to Aragon AI, Inc., Attn: Legal Department, 440 N Barranca Ave #4760, Covina, CA 91723. The Dispute Notice must include: (1) your name, telephone number, mailing address, and email address associated with your Account; (2) the name, telephone number, mailing address, and email address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. Engaging in the Informal Dispute Resolution Conference is a condition precedent that must be fulfilled before commencing arbitration. The statute of limitations and any filing-fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this Section. If the Dispute is not resolved within sixty (60) days of receipt of the Dispute Notice, either party may proceed to arbitration as set forth in this Section 17.
  2. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.
3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Aragon AI, Inc., Attention: Legal Department – Arbitration Opt-Out, 440 N Barranca Ave #4760, Covina, CA 91723 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Aragon receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
4. Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling JAMS at +1-800-352-5267 or by contacting Aragon.
5. Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Aragon's address for Notice is: Aragon AI, Inc., 440 N Barranca Ave #4760, Covina, CA 91723. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Aragon may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Aragon will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if Aragon has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.
6. Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or Aragon must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), in which case the arbitrator may award reasonable attorneys' fees and costs to the prevailing party. If either party must seek a court order to compel arbitration, the party that obtains such order may collect its reasonable costs, disbursements, and attorneys' fees from the other party. The prevailing party in any court action relating to satisfaction of any condition precedent to arbitration, including the Informal Dispute Resolution Conference process, may recover its reasonable costs, disbursements, and attorneys' fees. All documents, materials, data, and information exchanged, disclosed, or produced during arbitration proceedings, including but not limited to discovery materials, briefs, evidence, testimony, and the arbitrator's award, shall be treated as confidential by the parties and shall not be disclosed to any third party, except (a) as necessary to prepare for or conduct the arbitration, (b) as required by applicable law or court order, (c) to a party's legal, financial, or tax advisors who are bound by professional obligations of confidentiality, or (d) as necessary to confirm, vacate, or enforce the arbitration award. This confidentiality obligation shall survive the conclusion of the arbitration.
7. Arbitration Relief. Except as provided in Section 17.8 (Batched Arbitration; No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Aragon before an arbitrator was selected, Aragon will pay you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction. The arbitrator may only award damages that are consistent with the limitations set forth in Section 15 (Disclaimers; No Warranties by Aragon) and Section 16 (Limitation of Liability), and may not award damages excluded under those Sections.
8. Batched Arbitration; No Class Actions. To increase the efficiency of administration and resolution of arbitrations, you and Aragon agree that in the event that there are one-hundred (100) or more individual Demands of a substantially similar nature filed against Aragon by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS shall (a) administer the arbitration demands in batches of 100 Demands per batch (plus, to the extent there are less than 100 Demands left over after the batching described above, a final batch consisting of the remaining Demands); (b) appoint one arbitrator for each batch; and (c) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by Aragon. You and Aragon agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. SUBJECT TO THE FOREGOING, YOU AND ARAGON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Aragon agree otherwise as set forth in this section, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
9. Modifications to this Arbitration Provision. If Aragon makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Aragon's address for Notice of Arbitration, in which case your account with Aragon will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
10. Enforceability. If Section 17.8 (Batched Arbitration; No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Aragon receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 (Governing Law) will govern any action arising out of or related to these Terms. Any Dispute subject to arbitration under this Section 17 must be initiated within the applicable statute of limitations period for the underlying claim, or it shall be forever barred. All statutes of limitations that would apply in a court of competent jurisdiction shall apply with equal force in arbitration. Nothing in this Section 17 shall be construed to extend or toll any applicable statute of limitations, except as expressly provided in Section 17.1A (Informal Dispute Resolution) with respect to the tolling period during the Informal Dispute Resolution Conference process.
Miscellaneous
1. General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Aragon regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this provision is null and void. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
2. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Aragon submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations. If you reside outside of the United States, nothing in this governing law provision or in these Terms generally shall have the effect of depriving you of the protections afforded by the mandatory consumer protection laws of your country of residence that, by law, cannot be waived, limited, or overridden by contract. In such cases, you shall retain the benefit of any mandatory provisions of the laws of your country of residence, and any provision of these Terms that would otherwise contravene such mandatory provisions shall be deemed modified to the minimum extent necessary to comply with such laws.
3. Privacy Policy. Please read the Aragon Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Aragon Privacy Policy and Cookie Notice, available at aragon.ai/legal/cookie-policy, are incorporated by this reference into, and made a part of, these Terms. Please also read our Cookie Notice for information relating to our use of cookies and similar tracking technologies.
4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
5. Connected Accounts. Certain features of the Service may require you to link third-party platform accounts to your Account (each, a “Connected Account”). By linking a Connected Account, you represent and warrant that: (a) you are authorized to grant Aragon access to that Connected Account and to disclose any credentials provided in connection with such integration; (b) you are in good standing with respect to that Connected Account; and (c) Aragon may access and use content available through the Connected Account solely as necessary to provide the Service in accordance with these Terms. You acknowledge that the availability and functionality of each Connected Account is solely determined by the applicable third-party provider. Aragon has no liability for the unavailability of any Connected Account or any third-party provider's decision to suspend, modify, or terminate access to a Connected Account.
6. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
7. Contact Information. The Service is offered by Aragon AI, Inc., located at 440 N Barranca Ave #4760, Covina, CA 91723. You may contact us by sending correspondence to that address or by emailing us at support@aragon.ai.
8. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
9. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
10. International Use. Aragon is established in the United States and operates the Service from the United States. We make no representation that the Service or any Materials are appropriate or available for use in any particular jurisdiction outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited. Users are responsible for ensuring that their use of the Service complies with all applicable local laws and regulations.
11. Force Majeure. Aragon shall not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond Aragon's reasonable control, including but not limited to: acts of God; fire; flood; earthquake; epidemics or pandemics; war; terrorism; riots; embargoes; acts of civil or military authority; cyber attacks; internet, telecommunications, or infrastructure outages; power failures; unavailability, suspension, or degradation of third-party artificial intelligence models, APIs, or cloud services on which the Service depends; strikes; shortages of transportation, fuel, energy, labor, or materials; or any similar cause. During any such period of delay or failure, Aragon's obligations under these Terms shall be suspended to the extent affected, and Aragon shall use commercially reasonable efforts to resume performance as soon as practicable. This Section does not suspend Aragon's notification obligations under applicable Data Protection Laws.
12. Language. It is the express wish of the parties that these Terms and all related documents be drawn up in the English language. In the event of any translation of these Terms, the English-language version shall control.
13. Notice. You are responsible for providing Aragon with your current, valid email address in connection with your Account. If the email address you have provided to Aragon is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, Aragon's dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Aragon at the following address: Aragon AI, Inc., 440 N Barranca Ave #4760, Covina, CA 91723. Such notice shall be deemed given when received by Aragon by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
14. Export Control and Sanctions Compliance. The Service and any Output may be subject to U.S. export control and sanctions laws, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce and the sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (“OFAC”). You may not use, export, re-export, import, or transfer the Service or any Output except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. You represent and warrant that: (a) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (b) you are not identified as a “Specially Designated National” or otherwise listed on any U.S. Government list of prohibited or restricted parties, including the lists maintained by OFAC, the U.S. Department of Commerce's Bureau of Industry and Security, or the U.S. Department of State; (c) you will not use the Service or any Output for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of nuclear, chemical, or biological weapons or missile technology; and (d) you will comply with all applicable export-control and sanctions laws and regulations in connection with your use of the Service.
15. No Agency. Nothing in these Terms shall be construed to create any partnership, joint venture, employment, franchise, or agency relationship between you and Aragon. Neither party has the authority to bind the other or to incur any obligation on the other's behalf without the other party's prior written consent. You and Aragon are independent contractors, and these Terms do not create any relationship of principal and agent between the parties.
16. No Third-Party Beneficiaries. Except as expressly provided in Section 19 (Notice Regarding Apple) with respect to Apple as a third-party beneficiary, these Terms are for the sole benefit of you and Aragon (and Aragon's successors and permitted assigns) and are not intended to, and do not, confer any rights or remedies on any third party. No person who is not a party to these Terms shall have any right to enforce any provision of these Terms under any applicable law or legal theory.
Notice Regarding Apple. This Section 19 (Notice Regarding Apple) only applies to the extent you are using our App on an iOS device. You acknowledge that these Terms are between you and Aragon only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

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