Terms and Conditions

Welcome to the Somi AI website. Please read these Terms of Service (the "Terms") carefully, as they govern your access to and use of the content writing website after logging into your Somi AI Account (as defined below), Somi AI, and any updates, upgrades, modified versions, extensions, improvements, and derivative works of the foregoing (collectively, the "Service"). These terms of service govern your use of our products and services, including our apps, websites, and software.

In addition to these terms, we publish a Privacy Policy that describes how we process, collect, use, and protect your information.

By agreeing to these Terms, you represent and warrant that: (i) you have the legal authority to bind your organisation to these Terms; (ii) you have read and understood these Terms; and (iii) you accept these Terms on behalf of your organisation. Your organisation is legally and financially responsible for your access to and use of the Service, as well as for using your Service account by others affiliated with your organisation, including employees, agents, and contractors. If you are accessing the Service for personal use only (i.e., not in connection with any organisation, business, or other legal entity) as indicated by using a personal email to sign up for your Somi AI Account, all references to "you" in these Terms apply to you as an individual.

PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY SOMI AI ("COMPANY"). BY VISITING THE WEBSITE OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED TO BE BOUND BY THESE TERMS OF SERVICE, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE APPS OR SERVICES. USE OF THE COMPANY'S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS WEBSITE OR THE APP.

Our Services

These Terms and Conditions govern the use of this website and the transactions related to our products and services. You may also be subject to additional agreements regarding your relationship with us or any products or services you receive from us. In the event of any conflict between the provisions of these Terms and those of any additional agreements, the latter will take precedence.

By accessing this Website, available at https://somi.ai/, you, you agree to comply with these Website Terms and Conditions of Use and acknowledge your responsibility to adhere to applicable local laws. If you do not agree with any of these terms, you are not permitted to use this site. The content on this Website is protected by copyright and trademark laws.

Electronic Communication

By using this website or communicating with us electronically, you consent to receive communications from us electronically, either via our website or through email. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically meet any legal requirements, including the requirement that such communications be in writing.

Account Registration and Use

To access and use the Service, you must create a Somi AI account and ensure your account information is accurate, up-to-date, and complete at all times. Once you successfully register and comply with these Terms, Somi AI grants you a worldwide, non-exclusive, non-transferable, and non-sublicensable license to use the service. This license is strictly for your internal business purposes and must align with the provided documentation.

Eligibility to Use the Services

To open and maintain a Somi AI Account, you must represent, warrant, and covenant that you have the legal capacity to enter into contracts under the law of your jurisdiction. You must be 18 years of age or older, an emancipated minor, or have legal parental or guardian consent. You must also be fully able and competent to enter into the terms of service and to accept the affirmations, obligations, representations, and warranties stated herein.

It is important to provide us with accurate, complete, and current account information and to keep this information up to date. Failure to do so may result in the suspension or termination of your account. To protect your account, keep your account details and password confidential, and notify us immediately of any unauthorised use. You are responsible for all activities that occur under your account.

Payment Service

We use Stripe as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By using the Services, you agree to be bound by Stripe's Privacy Policy:Privacy Policyand hereby consent and authorizse Somi AI and Stripe to share any information and payment instructions you provide with one or more third-party service provider(s) to the minimum extent required to complete your transactions. By making reservations on the Services, you also agree to be bound by Stripe's Seller Terms:Stripe Services Agreement - Australia

Intellectual Property Rights

All copyright and other intellectual property rights associated with our website, including its content, data, and accessible resources, belong to us or our licensors.

You are not granted any licenses or rights under Copyright, Trademark, Patent, or other Intellectual Property Rights unless explicitly stated otherwise for specific content. This restriction means that without our prior written consent, you may not:

  • Use, copy, or reproduce
  • Perform or display
  • Distribute or embed in any electronic medium
  • Alter or reverse engineer
  • Decompile, transfer, or download
  • Transmit, monetise, sell, market, or commercialise

Any resources from this website in any form. The only exceptions to these restrictions are those stipulated by mandatory law.

We welcome feedback, but you agree that we can use that feedback without restriction or any obligation to you.

User Data

We will retain certain data that you transmit to the Services to manage and optimise their performance, as well as data related to your usage of the Services. While we conduct routine backups of data, you are solely responsible for any data you transmit or any data associated with your activities while using the Services. You agree that we shall not be liable for any loss or corruption of such data, and you hereby waive any right to take action against us arising from such loss or corruption.

Content

a. Creating and Sharing Content

By using our services, you may upload or distribute various types of content, including text, files, documents, images, music, software, audio, and video (collectively referred to as "User Content"). You retain all ownership rights to your User Content. Somi AI does not claim any ownership rights over your User Content, and nothing in these Terms restricts any rights you may have to your User Content.

Account Registration

a. Account Registration and Use content

To access and use the Service, you must register for a Somi AI Account and provide and maintain accurate, current, and complete Account Information. Upon proper registration for a Somi AI Account and subject to these Terms, Somi AI grants you a worldwide, non-exclusive, non-transferable, and non-sublicensable right and license to use the Service during the applicable Subscription Term solely for your own internal business purposes and in accordance with the Documentation.

b. Permissions to Your User Content

By making any User Content available through the Services, you grant Somi AI, its licensors, and affiliates a fully paid, royalty-free, worldwide, non-exclusive, transferable, irrevocable, and perpetual license, with the right to sublicense, use, store, host, copy, modify, communicate, distribute, publish, publicly display, and publicly perform your User Content in connection with providing, operating, securing, and improving their services. For example, this may include using your User Content to generate and display AI-generated content. We do not use your content for any purpose other than operating and providing the Services. We also do not have rights to your content outside of this context—you retain full ownership of your content.

c. Your Responsibility for User Content

You are solely responsible for your User Content. You warrant that you possess (and will continue to possess) all necessary rights to grant us the license rights to your User Content under these Terms. You also warrant that neither your User Content nor its provision and use through the Services, nor Somi AI's use of your User Content on or through the Services will infringe, misappropriate, or violate any third party's intellectual property rights, rights of publicity or privacy, or result in a violation of any applicable law or regulation.

d. Deletion of User Content

You can delete your User Content by taking specific actions. However, please be aware that certain types of User Content, such as posts or comments, may not be completely removable and may persist on the Services in some form. To the maximum extent permitted by law, we are not responsible or liable for any failure to remove or delete your User Content or for any loss or damage resulting from such failure.

e. Your Use of Created Content

Subject to your compliance with these Terms, Somi AI grants you a non-exclusive, transferable, worldwide, perpetual license, with the right to sublicense, use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform Generated Content for your legitimate business purposes.

f. Ownership of Intellectual Property

We may make available through the Services content that is subject to intellectual property rights, including Generated Content. Somi AI retains all rights to such content.

g. Discontinuation and Modification of Products

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We are not obligated to update any information on our Site and also reserve the right to terminate or modify all or part of the Site without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not:

  • Transfer the Services or otherwise make them available to any third party
  • Provide any service based on the Services without prior written permission
  • Allow user licenses to be shared or used by more than one individual, except by way of reassigning the user license to a new user
  • Attempt to disassemble, reverse engineer, or decompile the Services, except as permitted under applicable law
  • Use third-party links to sites without agreeing to their website terms and conditions
  • Post links to third-party sites or use their logo, company name, etc., without their prior written permission
  • Attempt to gain unauthorised access to the Services or their related systems or networks
  • Use the Services in any manner that could damage, disable, overburden, impair, or harm any server, network, computer system, or resource of Somiai
  • Use the Services to send or store material containing software viruses, worms, or other harmful computer codes, files, scripts, or programs
  • Use the Services in any manner that interferes with or disrupts the integrity, security, or performance of the Services, their components, and the data contained therein
  • Create a false identity to mislead any person as to the identity or origin of any communication
  • Host, display, upload, modify, publish, transmit, store, update, or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity concerning which you do not have consent or permission from such person or entity
  • Use the Services for transmitting information that is false and untrue and is written or published in any form with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person
  • Violate any applicable local, state, national, or international law
  • Use the Services for any form of competitive or benchmarking purposes
  • Remove or obscure any proprietary or other notices contained in the Services

Copyright Policy

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon a copyright you own or control, please notify us immediately using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that, under applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Therefore, if you are unsure whether material located on or linked to the Site infringes on your copyright, you should consider consulting an attorney first.

Disclaimer of Warranty

The Company provides its services on an "as is" and "as available" basis without any express or implied representations or warranties regarding the operation of the services or the accuracy, content, or materials included therein. By using these services, their content, and any services or items obtained from the Company, you expressly acknowledge and agree that you assume all risks associated with such use.

The Company and any individuals associated with it do not warrant or represent the completeness, security, reliability, quality, accuracy, or availability of the services. Additionally, neither the Company nor any associated individuals guarantee that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted or that defects will be corrected. Furthermore, the Company does not make any warranties regarding whether the services or the server that makes them available are free of viruses or other harmful components or whether the services or any services or items obtained through them will meet your needs or expectations.

The Company hereby disclaims all warranties, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. However, the above disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation of Liability

To the fullest extent permitted by applicable law, neither Somi AI nor its affiliates, officers, directors, employees, agents, suppliers, or licensors will be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages, including but not limited to damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, or loss of business opportunity. This limitation applies regardless of how such damages may be caused under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if Somi AI has been advised of the possibility of such damages or could have foreseen them.

Except as prohibited by law, if there is any liability on our part, it will be limited to the amount you paid for the products and/or services. Under no circumstances will we be liable for consequential or punitive damages. Some jurisdictions do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so these limitations may not apply to you.

Somi AI makes no representation regarding the accuracy, completeness, or reliability of third-party data and shall not be liable for any claims, loss, or damages arising out of or related to any inaccuracy or error in such third-party data.

Somi AI shall not be liable for any claims or losses arising from (i) the use of the platform or services by users; (ii) the combination of the content with any hardware, software, graphics, data, or other materials not compatible with the content; and (iii) the customer's use of the content.

Changes to Terms

We may modify these Terms at any time by publishing the updated version on this website. It is your responsibility to regularly review the Terms.

Your continued use of the Platform after the updated Terms have been posted signifies your acceptance of and agreement to the changes. We expect you to frequently check this page to stay informed of any modifications, as they are legally binding.

By continuing to access or use our Service after the revisions take effect, you agree to be bound by the updated Terms. If you do not agree to the new Terms, you are no longer authorised to use the Service.

Your Indemnity Obligations

You agree, to the extent permitted by law, to defend, indemnify, and hold harmless Somi AI, its affiliates, officers, directors, agents, licensors, and employees from and against any claims, costs, damages, losses, liabilities, and expenses (including reasonable attorneys' fees and costs) arising from or related to (i) your violation of these Terms or (ii) your User Content.

Governing Law

The laws of the Country, excluding its conflict of law rules, shall govern these Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Dispute Resolution

If you have any concerns or disputes regarding the Service, you agree to first attempt to resolve the dispute informally by contacting the Company.

Privacy Policies

Please review our Privacy Policy, which also governs your use of the Services, for details on how we collect, use, and share your information. By using the Services, you agree to comply with our Acceptable Use Policy and Privacy Policy, both of which are incorporated into this Agreement.

Third-Party Links and Disclaimer

While this Site may provide links to other websites, we do not imply any endorsement, approval, association, sponsorship, or affiliation with any linked website unless explicitly stated otherwise. We do not assume responsibility for examining or evaluating the offerings or content of any businesses, individuals, or linked websites.

YOU ACKNOWLEDGE AND AGREE THAT SOMI AI SHALL NOT BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES OR SERVICES.

We strongly recommend that you review the terms of service and privacy policies of any third-party websites or services you visit.

Electronic Communications, Transactions, and Signatures

By using our service, sending emails to us, or filling out online forms, you are engaging in electronic communications. By doing so, you consent to receive communications from us electronically. You agree that any agreements, notices, disclosures, or other communications that we provide to you electronically—whether via email or through the Service—satisfy any legal requirement that such communications be in writing.

You further agree to the use of electronic signatures, contracts, orders, and other records in all interactions with us. You acknowledge and accept that notices, policies, and records of transactions initiated or completed by us or through the service may be delivered electronically.

Moreover, you waive any rights or requirements under any applicable laws, regulations, or ordinances that mandate an original (non-electronic) signature or the retention of non-electronic records. You also waive any requirements for payments or the granting of credits by any means other than electronic methods.

Miscellaneous

These Terms, along with any policies or operating rules posted by us on the Service, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. These Terms shall be enforced to the fullest extent permitted by law. We reserve the right to assign any or all of our rights and obligations to others at any time. We shall not be held responsible or liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control.

If any provision or part of a provision of these Terms is found to be unlawful, void, or unenforceable, that provision or part shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms or your use of the Service.

We may transfer or assign any of our rights and obligations under these Terms to any other person by any means, including by novation, and by accepting these Terms, you consent to any such assignment and transfer. Placing a version of these Terms on the Service that indicates another person as a party to the Terms shall constitute valid notice to you of the transfer of our rights and obligations under the Terms unless expressly stated otherwise.

You agree that these Terms will not be construed against us merely because we drafted them. You hereby waive any defences you may have based on the electronic form of these Terms and the lack of a physical signature by the parties to execute these Terms.

Contact Information

If you have any questions about these terms or the services, please contact us.
By Email:[email protected]