Itemtopia AI Terms and Conditions Agreement

The following Agreement forms part of the Terms of Service accepted as part of your continued use of itemtopia. The full Terms are viewable within your Account Info screen within Itemtopia.

Itemtopia AI Terms and Conditions

Itemtopia AI include functionalities based on artificial intelligence and machine learning data models (“Itemtopia AI”). Currently Itemtopia AI is offered to you by Itemtopia as a Pre-Released Beta Service. These Itemtopia AI Beta Terms and Conditions (“Itemtopia AI Terms”) together with the Itemtopia Terms of Service, incorporated herein by reference, cover enabling Itemtopia AI within your account, and/or any access or use of Itemtopia AI. Additional AI functionalities may be offered to you by Third Parties as Third Party Services, as further described herein. Please read carefully these Itemtopia AI Terms, and don’t accept the Itemtopia AI Terms, install or use Itemtopia AI if you don’t agree to be bound by these Itemtopia AI Terms now, and once Itemtopia removes the Beta distinction.

  1. Governing Terms. You agree and acknowledge that (i) you are not relying on any representation or statement other than as expressly set forth in these Itemtopia AI Terms; (ii) you accept and acknowledge that you read, understand, and agree to these Itemtopia AI Terms; and (iii) you have full legal authority to accept these Itemtopia AI Terms either on behalf of your organization, or on your behalf, as applicable;  and (iv) In case of any contradiction between these Itemtopia AI Terms and the Itemtopia Terms of Service, the Itemtopia AI Terms shall prevail.

  2. Nature of Itemtopia AI. You may provide or make available input to Itemtopia AI, which may include text, prompt or any other content (“Input”) and receive responses generated by Itemtopia AI which may include content, suggestions, formula or any other output (“Output”). You acknowledge that due to the nature of machine learning, other Customers and/or Users may use Itemtopia AI in a manner which may generate identical or similar Output. We make no representations or warranties with regards to Output, including of ownership thereof. 

  3. Usage of Itemtopia AI. Any use you make of Itemtopia AI, including by providing or making available Input or using Output must not violate any applicable law or Itemtopia Terms of Service, or infringe any third party rights, including but not limited to, intellectual property rights or privacy rights You are solely responsible for your use of Itemtopia AI and content generated through Itemtopia AI.

  4. Improving and Developing Itemtopia AI. Notwithstanding anything to the contrary in any applicable agreement between you and Itemtopia, we may collect and use data of your interaction with, or use of Itemtopia AI, including Input and/or Output in order to: (i) improve and develop Itemtopia AI; and (ii) provide you with Itemtopia AI functionalities. Itemtopia.com does not use your Input and/or Output to train machine learning data models and does not allow others to do so.  

  5. Monitoring. Itemtopia and/or its generative AI related Sub-Processors, may monitor your Inputs and/or Outputs in order to monitor and/or prevent and/or debug abusive, unlawful, harmful or unauthorized uses.

  6. Third Party Services. Itemtopia, including through the Itemtopia AI Assistant may enable you to install and use Third Party Services which provide AI functionalities. In accordance with our Terms of Service, your use of such Third Party Services will be subject to such Third Party Service terms.

  7. Additional Sub-Processor. Data processed in Itemtopia AI may also be processed by additional Sub-Processors, which means this could include other Third Parties providing answers or information.

  8. Acceptable Use Policy. You acknowledge and agree that your use of the Itemtopia AI is in accordance with our Terms and Privacy Policy.

  9. Disclaimer of Warranties. ITEMTOPIA DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING ITEMTOPIA AI, ITS FEATURES, FUNCTIONALITIES, OUTPUTS AND/OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITEMTOPIA AI AND/OR THE OUTPUT. USE OF ITEMTOPIA AI AND/OR OUTPUT IS MADE AT YOUR OWN RISK. ITEMTOPIA AI IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND ״AS AVAILABLE״, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED AND ITEMTOPIA EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, COMPLETENESS, NON-INFRINGEMENT, RELIABILITY, AVAILABILITY AND PERFORMANCE. ITEMTOPIA DO NOT WARRANT OR REPRESENT THAT ITEMTOPIA AI AND/OR OUTPUT WILL BE UNINTERRUPTED, ERROR OR BUG FREE, NON-OFFENSIVE, NON-INFRINGING, NON-HARMFUL ACCURATE, LAWFUL OR APPROPRIATE. 

  10. Indemnification. Our indemnity obligation under Section 16.2 of Itemtopia’s Terms of Service shall not apply in connection with Itemtopia AI.

  11. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THESE ITEMTOPIA AITERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL ITEMTOPIA, ITS AFFILIATES AND THIRD-PARTY PROVIDERS BE LIABLE FOR: (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, COSTS, BUSINESS, OR ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, INTELLECTUAL PROPERTY, REPUTATION, REVENUE OR GOODWILL; (IV) THE FAILURE OF SECURITY MEASURES AND PROTECTIONS; AND/OR (V) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON LIABILITY SET FORTH IN THESE ITEMTOPIA AI TERMS ‎SHALL APPLY: (I) EVEN IF ITEMTOPIA, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (II) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT). IN ANY EVENT, ITEMTOPIA’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES UNDER THESE ITEMTOPIA AI TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS.

  12. Term and Termination. You may access and use Itemtopia AI subject to your compliance with these Itemtopia AI Terms. Itemtopia may modify these Itemtopia AI Terms, terminate Itemtopia AI, or any part thereof, at its sole discretion and without liability to you. 

  13. Pricing. Itemtopia AI is currently offered at no cost, and also forms part of Itemtopia’s Premium application.  Additional costs may change, but these are listed in updates within the Itemtopia Application.

  14. Survival. Sections 1, 2, 3, 4, 5, 7, 9, 10, 11 and 12 will survive expiration or termination of these Itemtopia AI Terms.