A. Introduction and Acceptance of Terms
These Terms of Service (hereinafter referred to as "Terms") govern the conditions under which users may access and use the Aspire Beyond 50 website and services. By accessing or using the service, users agree to be bound by these Terms. Aspire Beyond 50 reserves the right to modify these Terms at any time, with modified Terms becoming effective immediately upon posting on the website. Continued use of the service by users after modifications to the Terms constitutes acceptance of the new Terms.
B. Service Description and Usage Guidelines (AI-Generated X Tweets)
The service provided by Aspire Beyond 50 is AI-driven X (Twitter) tweet draft generation. Users can receive these tweet drafts through the website's backend or via email. Users are responsible for reviewing, revising, and sending these tweets using their preferred tools.
When using the service, users must adhere to the following rules: no illegal activities, harassment, spamming, intellectual property infringement, or misuse of AI services (e.g., generating harmful content).
It is important for users to understand that artificial intelligence is inherently probabilistic and may therefore sometimes produce "hallucinations" (i.e., inaccurate or fabricated information), offensive content, content that fails to accurately reflect real people, places, or facts, or content otherwise unsuitable for its intended purpose. Users must exercise their own judgment and conduct manual review when using AI-generated content. The developer does not guarantee the accuracy, completeness, or usefulness of AI-generated content. Users assume all risks associated with relying on such information.
C. User Accounts, Subscriptions, and Billing
Account Creation: Users must provide accurate information to create an account and agree to comply with any applicable age restrictions. You may create an account by providing the required information directly on our site or by authorizing us to access certain information from a third-party service, such as Google ("Google Sign-In"). If you use Google Sign-In, you authorize us to access and use your name, email address, and profile picture provided by Google to create and manage your account. Regardless of whether information is provided directly or via a third party, you are always responsible for ensuring that all information associated with your account is accurate and up-to-date.
Subscription Model: Aspire Beyond 50 operates on a monthly subscription model, providing continuous content delivery.
Billing: Service fees will be charged on a recurring monthly basis. Users must provide a valid payment method and authorize the developer to process payments through payment gateways such as Stripe.
Supported Currencies: We support payments in Great British Pounds (GBP), United States Dollars (USD), and Euros (EUR).
Cancellation: Users can cancel their subscription at any time via the "Cancel Subscription" button on the backend service page of the website.
D. Refund Policy (Refer to Section I)
Aspire Beyond 50's Refund Policy is detailed in a separate "Refund Policy" document, which is incorporated into these Terms of Service by reference. Users should consult this separate document for all refund conditions, processes, and timeframes.
E. User Content, Intellectual Property, and AI-Generated Output
User Input: Any input provided by the user to the service, such as text, images, etc., remains the property of the user. The user represents and warrants that they have all rights, licenses, and permissions necessary to provide input to the service.
AI-Generated Output:
● Ownership: Given the complexity of AI intellectual property, US copyright law generally requires human authorship. This means that if AI largely determines the expressive elements of a work, AI-generated content may not be eligible for copyright protection, either for the user or the developer. Therefore, the developer cannot guarantee that users will have full intellectual property ownership over AI-generated output. The developer will grant the user a broad, perpetual, transferable, sublicensable, royalty-free, worldwide right to use, modify, and distribute the AI-generated output for their own purposes. This approach is more legally sound, manages user expectations, and limits the developer's potential liability.
● Non-Exclusivity: Users understand and agree that due to the nature of machine learning, AI services may generate similar or identical results for other users. The developer does not guarantee the exclusivity of AI-generated content.
● Copyright Disclaimer: The developer advises users that the copyrightability of AI-generated content is uncertain and may require substantial human modification to qualify for copyright protection. The developer does not guarantee the copyrightability of AI-generated output.
Usage Data: Aspire Beyond 50 will exclusively own and use aggregated, anonymized, or de-identified usage data (e.g., how users use the service, which features are accessed, how they interact with AI) to improve its services, conduct research, and perform analysis. In AI services, collecting usage data is crucial for continuous AI model improvement, constituting a key competitive advantage.
Developer Intellectual Property: All intellectual property rights in the service itself (including but not limited to software, platform, and trademarks) are owned by or licensed to Aspire Beyond 50.
F. Disclaimers and Limitation of Liability
"As Is" Basis: The service is provided on an "as is" and "as available" basis, without any express or implied warranties.
Specific Disclaimers: The developer expressly disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
AI Accuracy Disclaimer: The developer does not guarantee the accuracy, completeness, or usefulness of AI-generated content. Users assume all risks associated with relying on such information. AI models are inherently probabilistic and may produce inaccurate content, thus strong disclaimers and limitations of liability are crucial for operating AI services. These terms shift the responsibility for evaluating and verifying AI output to the user, who is ultimately responsible for how they use the generated tweets.
Limitation of Liability: The developer shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use the service. These terms are fundamental to the operation of an AI service, not mere legal boilerplate. For a service like Aspire Beyond 50 that provides drafts for external use, it is critical to emphasize that the service is a tool, not a guarantor of the content quality or legal compliance of the user's final published material.
G. Termination and Suspension
Developer Rights: Aspire Beyond 50 reserves the right to suspend or terminate user access, with or without notice, for user violation of these Terms or for any other reason.
User Rights: Users can terminate their subscription by canceling their account.
Consequences: Termination will result in the cessation of service and may affect data retention.
H. Governing Law and Dispute Resolution
Governing Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. Choosing the developer's location (UK) as the governing law provides legal certainty and simplifies dispute resolution for a developer offering global services.
Jurisdiction: Both parties agree to submit disputes to the exclusive jurisdiction of the courts of England and Wales.
Dispute Resolution: Both parties agree to first attempt to resolve any disputes through informal negotiation, mediation, or arbitration before initiating litigation. While the laws of England can be chosen as the governing law for contractual obligations, the Terms of Service must acknowledge that consumer protection laws of the user's country of residence (e.g., EU, specific US states) may still apply and cannot be circumvented by a choice of law clause. This highlights the inherent complexity of cross-border e-commerce. Businesses must balance the pursuit of a single, predictable legal framework with the reality that consumer protection laws often have extraterritorial effect.
I. General Provisions
Entire Agreement: These Terms constitute the entire agreement between the user and Aspire Beyond 50 regarding the service and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Assignment: Users may not assign any rights or obligations under these Terms. The developer may assign these Terms at its sole discretion.
Force Majeure: The developer shall not be liable for any delay or failure to perform obligations caused by events beyond reasonable control (e.g., natural disasters, war, terrorism, government acts, internet or power outages).
Waiver: The failure of either party to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
Notices: All legal notices shall be sent in writing to the contact address listed in these Terms.