Opinly.ai Terms of Service

Effective Date: September 23, 2023

1. Introduction

Welcome to Opinly.ai (“Opinly”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of Opinly’s website, platform, services, and any associated applications or features (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

2. Definitions

  • “Account” means the account you register to access the Services.
  • “Subscription” means a paid access plan to the Services for a specified billing interval (e.g., monthly or annually).
  • “Free Trial” means a time-limited trial of the Services offered at no charge, requiring a valid payment method, that converts to a paid Subscription unless cancelled before the trial ends.
  • “User Content” means content you upload, submit, transmit, or otherwise make available through the Services.
  • “Order” means your selection of a plan and billing interval through the checkout or subscription flow.

3. Eligibility and Account

3.1 Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

3.2 Registration and Accuracy

You may be required to create an Account to access certain features. You agree to provide accurate, current, and complete information and to keep your information up to date.

3.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You agree to notify us promptly if you suspect any unauthorised access to your Account.

4. Use of the Services

4.1 Compliance

You may use the Services only in compliance with these Terms and all applicable laws, regulations, and generally accepted industry practices.

4.2 Prohibited Uses

You agree not to use the Services:

  • In any way that violates any applicable law or regulation.
  • To transmit or procure the sending of advertising or promotional material, including “junk mail”, “chain letters”, “spam”, or similar solicitation.
  • To impersonate or attempt to impersonate Opinly, an Opinly employee, another user, or any other person or entity.
  • To interfere with, disrupt, damage, or impair the Services, including by using malware, bots, scraping at harmful rates, or denial-of-service techniques.
  • To reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying models, algorithms, or systems of the Services except to the extent such restriction is prohibited by law.
  • To use the Services to violate third-party rights, including intellectual property, privacy, or data protection rights.

4.3 Service Changes and Availability

We may withdraw, modify, or update the Services (or any part of them) at any time. We do not guarantee that the Services will always be available or uninterrupted. We may suspend access to the Services for maintenance, security, upgrades, or other operational reasons.

5. Subscriptions, Free Trial, and Billing

5.1 Subscription Service

Opinly operates as a subscription-based digital service. By placing an Order or subscribing to a plan, you agree to pay the fees associated with your selected plan and billing interval.

5.2 Free Trial (3 Days)

Opinly may offer a Free Trial lasting three (3) days. A valid payment method is required to start the Free Trial. Unless you cancel before the Free Trial ends, the Free Trial will automatically convert to a paid Subscription and the applicable subscription fee for your selected plan and billing interval will be charged immediately upon trial expiry.

5.3 Auto-Renewal and Billing Authorisation

Subscriptions renew automatically at the end of each billing period (including after Free Trial conversion) unless cancelled before renewal. By starting a Free Trial or purchasing a Subscription, you authorise Opinly (via its payment processors) to charge your selected payment method: (a) upon Free Trial expiry (if not cancelled), and (b) at the start of each subsequent renewal period, until you cancel.

5.4 Failed Payments

If a payment attempt fails, we (or our payment processor) may retry the charge using the same payment method in accordance with card network rules and processor practices. We may suspend or restrict access to the Services until payment is successfully processed.

5.5 No Refunds After Trial Conversion

All subscription fees charged following the conversion of a Free Trial to a paid Subscription are non-refundable. We do not provide refunds or credits for partial billing periods, unused Services, or cancellations made after the Free Trial has ended, regardless of usage.

5.6 Access Constitutes Delivery

Access to the Services, including dashboards, features, and functionality, constitutes delivery and performance of the digital service, regardless of whether the Services are actively used.

5.7 Cancellation

You may cancel your Subscription at any time through your account settings. Your cancellation prevents future renewals but does not affect the current billing period. You will retain access to the Services until the end of your paid subscription period.

5.8 Digital Services and Cooling-Off Rights

The Services constitute digital services. By starting a Free Trial and continuing beyond the Free Trial period, you expressly request immediate performance of the Services and acknowledge that, once the Free Trial converts to a paid Subscription and access continues, you lose any statutory right to cancel and receive a refund to the extent permitted by applicable law.

5.9 Chargebacks and Payment Disputes

If you believe a charge is incorrect, you must contact us at support@opinly.ai promptly so we can investigate. Initiating a chargeback or payment dispute without first contacting support may result in suspension or termination of access to the Services. We reserve the right to submit account records, system logs, and billing confirmations to payment processors and card networks to contest chargebacks.

5.10 Usage-Based Billing for Blog Credits and Image Credits

Opinly offers usage-based billing for Blog Credits and Image Credits (collectively, "Credits"). Credits are consumed when you perform specific actions within the Services, such as generating blog posts or images. Credits are not tied to time periods and are consumed immediately upon use.

All charges for Credits are non-refundable. This includes, without limitation, charges for partially used Credits, unused Credits, or Credits that have expired. Once a Credit is consumed through use of the Services, the consumption is final and cannot be reversed, regardless of whether you subsequently delete the generated content, cancel your Subscription, or otherwise discontinue use of the Services.

Cancelling your Subscription will prevent future billing for your subscription plan and any additional Credits, but cancellation does not entitle you to a refund of any charges already incurred for Credits that have been consumed, nor does it restore or reinstate any Credits that have been used. Credits are consumed at the moment the associated action is performed, and this consumption is permanent and irreversible.

6. User Content and Data

6.1 User Content

You are solely responsible for User Content. You represent and warrant that you have all rights necessary to submit User Content and that it does not violate any law or third-party rights.

6.2 Licence to Use User Content

You grant Opinly a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, modify, and display User Content solely to operate, provide, and improve the Services and as otherwise permitted by our Privacy Policy.

6.3 Privacy

Our collection and use of personal data is described in our Privacy Policy. By using the Services, you acknowledge and agree that your information will be handled in accordance with the Privacy Policy.

7. Intellectual Property

7.1 Ownership

The Services and their contents, features, and functionality (including software, text, displays, images, design, and arrangement) are owned by Opinly or its licensors and are protected by intellectual property laws.

7.2 Licence

Subject to these Terms and your compliance with them, Opinly grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business purposes.

8. Disclaimers

The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Opinly disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

9. Limitation of Liability

To the fullest extent permitted by law, Opinly will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunities arising out of or related to your use of (or inability to use) the Services. To the fullest extent permitted by law, Opinly’s total liability for all claims arising out of or relating to the Services will not exceed the total amounts paid by you to Opinly for the Services in the twelve (12) months immediately preceding the event giving rise to the claim.

10. Termination and Suspension

We may suspend or terminate your Account and access to the Services immediately, without prior notice or liability, if you breach these Terms, if we reasonably believe your use poses a security risk, or if required by law. You may stop using the Services and cancel your Subscription at any time as described in Section 5.7.

11. Indemnity

You agree to indemnify, defend, and hold harmless Opinly, its directors, officers, employees, and affiliates from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising from or related to: (a) your use of the Services, (b) your User Content, or (c) your violation of these Terms or any applicable law.

12. Changes to the Terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to provide notice. By continuing to access or use the Services after changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and cancel your Subscription.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Northern Ireland. The courts of Northern Ireland shall have exclusive jurisdiction to resolve any dispute arising out of or relating to these Terms or the Services.

14. Contact Us

If you have any questions about these Terms, please contact us at support@opinly.ai.

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