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.
You represent and warrant that (i) you have full legal authority to bind the Organization to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the Organization. Your Organization is legally and financially responsible for your access to and use of the Service, as well as for the use of your Service account by others affiliated with the Organization, including any employees, agents, or contractors. If you are accessing the Service for personal use only (i.e., not in connection with any organization, business, or other legal entity) as indicated by using a personal email to sign up for your Somi AI Account, then all references to “You” mean 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 AND BE A PARTY TO THE TERMS OF SERVICE OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH 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 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.
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. Eligibility use the Services
To open and maintain a Somi AI Account, you represent, warrant, and covenant that you have the legal capacity to enter into contracts under the law of the jurisdiction in which you reside, and that you are 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent. You must also be fully able and competent to enter into the terms of service, affirmations, obligations, representations, and warranties 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 the account details and password confidential and notify us immediately of any unauthorized use. You are responsible for all activities that occur under your account.
Fees Charges And Termination
a. Subscription and Auto-Renewal
We offer monthly and annual subscription plans. If you subscribe to Somi Pro or Somi Teams, you will be billed in advance on a recurring and periodic basis, known as the "Billing Cycle." The billing cycle depends on the type of subscription plan you choose when purchasing a Subscription. Your Subscription Term begins when you register for your Somi AI Account and corresponds to the billing cycle you selected. If you do not downgrade or cancel your subscription before the end of your current subscription term, your subscription will automatically renew for another term on the same plan for a period equal to your current subscription term. All renewals are subject to the Service continuing to be offered.
You can cancel or change your Subscription plan for the next renewal period either through your online account management page or by contacting Somi AI's customer support team at support@somi.ai If you cancel your subscription, you will not receive a refund for the fees you have already paid for your current Subscription period, but you will be able to access the Service until the end of your current subscription period.
A valid payment method, such as a credit card or PayPal, is required to process the payment for your subscription. You must provide accurate and complete billing information, including your full name, address, state, postcode, telephone number, and valid payment method information. By submitting your payment information, you authorize Somi AI to charge all Subscription fees incurred through your account to any such payment instrument.
If automatic billing fails to occur for any reason, Somi AI will issue an electronic invoice indicating that you must manually proceed, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
b. Refunds, Upgrading and Downgrading
Refund policy
We offer a 7-day money-back guarantee for your first subscription to Somi AI. If you are not satisfied with our AI writing software within 7 days of purchase, you are eligible for a full refund.
To request a refund, please contact our support team at support@somi.ai Please include the reason for the refund request, your account email, and any relevant details about the issue you experienced with Somi AI. Our team will review your request and process the refund if you are eligible.
We cannot provide refunds in the following cases:
- After 7 days of purchase
- If you have not given our support team the opportunity to assist you with any issues or if you forget to cancel your account.
- If we determine that you have violated our fair use policy
Refunds will be issued to the original payment method used during the purchase process. Please allow up 10 business days for the refund to reflect in your account.
We reserve the right to modify or update this refund policy without prior notice. Any changes will be posted on our website, and the updated policy will apply to any purchases made after the effective date.
If Somi AI suspends or terminates your Customer Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your Customer Account, or for anything else.
Any changes in your Service usage that result in new, increased, or decreased fees as specified in our current pricing policy available in the Service or on the Site will be charged at the next billing cycle. You acknowledge that downgrading your Service may cause the loss of features or other capabilities of your Somi AI Account, and that Somi AI does not accept any liability for such loss.
Somi AI only sells in US Dollars. All prices listed exclude local sales taxes like VAT or GST and are added at checkout.
c. Cancellation and Termination by You
You can cancel any paid plan under your Somi AI Account and downgrade at any time by selecting the applicable plan in the settings link in your Somi AI Account. You can also terminate your Somi AI Account at any time by deleting your account following the steps included in the settings link in your Somi AI Account. Somi AI will continue to bill you Fees and you shall continue to be responsible for such Fees until Somi AI has confirmed your cancellation or termination. The following do not constitute cancellation of a paid plan or termination of your Somi AI Account: (i) an email request to cancel your Somi AI Account; (ii) revoking or suspending any form of payment put on record with Somi AI to pay your Somi AI Account Fees; or (iii) any cancellation or termination confirmation from a party other than Somi AI. If you cancel your paid plan or terminate your Somi AI Account before the end of your current Subscription Term, your cancellation or termination will take effect immediately. Please note that we do not provide refunds for the remaining time if you cancel or downgrade during a Subscription Term.
You can stop using the Service and/or cancel your subscription at any time via your account settings. If you cancel your subscription you will not be entitled to a refund of any fees already paid and any outstanding fees will become immediately due and payable.
d. Cancellation and Suspension by Somi AI
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
e. Fee Changes
Somi AI, in its sole discretion and at any time, may modify subscription fees for the Subscriptions. Any subscription fee change will become effective at the end of the then-current billing cycle.
At any time and without notice, Somi AI reserves the right to modify the terms of service of a subscription offer or cancel any subscription offer.
Your continued use of the Service after a subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
f. Fair Use Policy
We strive to maintain high levels of quality for all our users while providing the Somi AI platform ('Service') in a fair manner. To achieve this, we have established a Fair Use Policy that applies to all users.
Somi AI is an AI writing platform designed to assist customers in delivering the most valuable and relevant content to improve the quality of the web. As long as you use Somi AI for legitimate purposes and do not overburden our infrastructure, it is considered fair use.
If we detect the use of automated scripts that generate a high volume of traffic beyond human capability, it is not deemed fair use. Additionally, spending an entire day manually creating random queries that serve no actual purpose other than testing the Somi AI platform is also not considered fair use. For any unreasonably high usage or sharing of login details outside of the original User with the Subscription, Somi AI reserves the right to block or permanently delete your account without any notice. No claim of any sort in this regard will be accepted, and no refunds will be issued. By using our Service, you commit to us that any claim/dispute in this regard raised by you or by your bank will be automatically rejected.
We appreciate your cooperation in using Somi AI in a fair manner to help us provide an excellent tool at an affordable cost to all users. If you have any questions or require further clarification, please do not hesitate to contact us.
g. 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 Policy and hereby consent and authorize 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
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Somi AI and its licensors.Our products or services are protected by copyright, trademark, and other laws. Except for this limited license, we reserve all right, title, and interest in our products or services, trademarks, logos, and other brand features. We welcome feedback, but you agree that we can use that feedback without restriction or any obligation to you.
Data and Privacy
Customer acknowledges and agrees that the Company shall have the right to use data relating to Customer’s use of the Services in a manner that will not identify the Customer, for its business purposes of improving the Services. All use of data will be in accordance with Company’s privacy policy.
Content
a. Creating and sharing content
By using our services, you may be able to upload or distribute various types of content, including text, files, documents, images, music, software, audio, and video. This content is collectively referred to as "User Content," and you retain all ownership rights to it. Somi AI does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
b. Permissions to Your User Content
By making any User Content available through the Services, you are granting Somi AI, its licensors, and their affiliates a fully paid-up, royalty-free, worldwide, non-exclusive, transferable, irrevocable, perpetual license with the right to sublicense, to 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, using your User Content to generate and display AI content. We do NOT use your content in any way other than for the purpose of operating and providing the Services. We also do NOT have the right to that content outside of this context. You own this content fully.
c. Your Responsibility for User Content
You are solely responsible for all your User Content. You guarantee that you possess (and will continue to possess) all the necessary rights to grant us the license rights to your User Content under these Terms. You guarantee that neither your User Content nor your provision and use of it to be made accessible 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 or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
d. Deletion of User Content
You have the ability to delete your User Content by taking specific action. However, please be aware that there may be situations where certain types of User Content, such as your posts or comments, cannot be completely eliminated and may remain present on the Services in some form. We cannot be held responsible or accountable, to the maximum extent permitted by law, 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 hereby grants you a non-exclusive, transferable, worldwide, perpetual license, with the right to sublicense, to use, copy, modify, create derivative works based upon, 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. We retain all rights to that 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. However, we are not obligated to update any information on our Site, and we also reserve the right to terminate or modify all or a portion of the Site without any notice at any time. 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: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user; (iv) except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Services; (v) use third party links to sites without agreeing to their website terms & conditions; (vi) post links to third party sites or use their logo, company name, etc. without their prior written permission; (vii) attempt to gain unauthorized access to the Services or its related systems or network; (viii) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Somi AI; (ix) use the Services to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs; (x) use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services, its components and the data contained therein; (xi) create a false identity to mislead any person as to the identity or origin of any communication; (xii) 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 with respect to which you do not have consent or permission from such person or entity; (xiii) 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; (xiv) violate any applicable local, state, national or international law; (xv) use the Services for any form of competitive or benchmarking purposes; and (xvi) 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 any copyright you own or control, please immediately notify us 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 pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
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 the Company 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 with respect to whether the services or the server that makes them available are free of viruses or other harmful components, or that 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, in no event will Somi AI, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable to any person for the following: 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 applies however 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 such damages.
To the maximum extent permitted by applicable law, the total liability of Somi AI and its affiliates, officers, directors, employees, agents, suppliers, and licensors regarding the services provided will be limited to an amount that is the greater of one hundred dollars or any amounts actually paid or payable by you to Somi AI during the six-month period prior to the first event or occurrence that gives rise to such liability.
Somi AI does not make any representation regarding the accuracy, completeness, or reliability of the third-party data and shall not be liable for any claims, loss, or damages arising out of or in relation to any inaccuracy or error of any third-party data.
Somi AI shall not be liable for any claims or losses arising from (i) the use of the platform or the 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
The Terms may be modified by us at any time by publishing the updated terms on this website. It is your responsibility to regularly review these Terms.
If you continue to use the Platform after the revised Terms have been posted, it means that you accept and agree to the changes. It is expected that you frequently check this page to stay informed about any modifications, as they are legally binding.
By continuing to access or use our Service once the revisions have taken effect, you consent to be bound by the updated terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Your Indemnity Obligations
You agree, to the extent permitted by law, to defend, indemnify and hold harmless Somi AI and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content.
Dispute Resolution
If you encounter a disagreement related to these Terms, please get in touch with us, and we will make an effort to collaborate with you in order to resolve the dispute. If we’re unable to resolve a dispute, you and Somi AI each agree to resolve any claim, dispute, or controversy (excluding any Somi AI claims for injunctive or other equitable relief) arising out of or in connection with these Terms (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Santa Clara County, California, unless you and Somi AI agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Somi AI are each waiving the right to a trial by jury or to participate in a class action.
Governing Law and Jurisdiction
The governing law and jurisdiction that will apply in case of any dispute or lawsuit arising out of or in connection with this Agreement, will depend on your billing address if you are a paid customer and your state or country of domicile in all other cases. Accordingly, each party agrees to the governing law (without regard to choice or conflicts of law rules) and to the exclusive jurisdiction of the courts mentioned herein in case of any dispute or lawsuit arising out of or in connection with this Agreement
Privacy Policies
Please review our Privacy Policies , which also governs your use of the Services, for information on how we collect, use and share your information.By using the Services, you are bound by our Acceptable Use of services and Privacy Policy, both of which are integrated into this Agreement.
Links To Other Websites
Although this Site may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Site. Your linking to any other off-site websites is at your own risk.
Electronic Communications, Transactions, And Signatures
When you use the service, send us emails, or fill out online forms, you are engaging in electronic communications. By doing so, you give your consent to receive electronic communications from us. You also agree that any agreements, notices, disclosures, or other communications we provide to you electronically, either via email or through the service, fulfill the legal requirement for written communication.
You agree to the use of electronic signatures, contracts, orders, and other records. You also acknowledge and accept that we may deliver notices, policies, and records of transactions initiated or completed by us or through the service electronically.
Additionally, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that demand an original signature or the delivery or 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 and any policies or operating rules posted by us at 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 shall not constitute a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Service.
We may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such assignment and transfer. You confirm that placing on the Service of a version of these Terms indicating 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 otherwise is expressly indicated).
You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Contact Information
If you have any questions about these terms or the services, please contact us.
By Email: support@somi.ai