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Terms and Conditions for OffensAI

Effective Date: 06/25/2025

Welcome to OffensAI Inc., a Delaware Corporation ("OffensAI," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of the OffensAI website located at https://www.offensai.com (the "Site") and any related software-as-a-service (SaaS) platform, products, or services (collectively, the "Services"). By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Site or Services.

2. Account Creation and User Responsibilities

2.1 Account Creation

To access certain features of the Services, you must create an account ("Account"). During registration, you agree to:

  • Provide accurate, current, and complete information.
  • Maintain and promptly update your Account information to keep it accurate and complete.
  • Safeguard your Account credentials and notify us immediately of any unauthorized access or breach of security.

2.2 User Responsibilities

You are solely responsible for:

  • All activities that occur under your Account.
  • Complying with all applicable laws and regulations.
  • Ensuring that your use of the Services does not violate any third-party rights.

You must not:

  • Use the Services for any unlawful or fraudulent purpose.
  • Share your Account credentials with others or allow unauthorized access to your Account.
  • Use the Services to harass, defame, or harm others.

3. User Content and Acceptable Use

3.1 User Content

You retain ownership of any content you upload, submit, or transmit through the Services ("User Content"). By submitting User Content, you grant OffensAI a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content for the purpose of providing and improving the Services.

3.2 Acceptable Use Policy

You agree not to use the Services to:

  • Upload or distribute harmful, unlawful, or infringing content.
  • Engage in spamming, phishing, or other malicious activities.
  • Interfere with the operation of the Services or disrupt other users' access.

4. Intellectual Property Rights

4.1 Ownership

OffensAI and its licensors own all intellectual property rights in the Site, Services, and their content, including but not limited to software, text, graphics, logos, and trademarks.

4.2 DMCA Safe Harbor

OffensAI complies with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been infringed, please submit a DMCA takedown notice to our designated Copyright Agent at:

  • Email: specialists@offensai.com

Your notice must include:

  • A physical or electronic signature of the copyright owner or authorized representative.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the infringing material and its location on the Services.
  • Your contact information and a statement of good faith belief that the use is unauthorized.

5. Privacy and Data Handling

5.1 Data Collection

We collect and process personal information as described in our Privacy Policy. By using the Services, you consent to such collection and processing.

5.2 California Privacy Rights

If you are a California resident, you have the right to:

  • Request disclosure of the categories and specific pieces of personal information we have collected about you.
  • Request deletion of your personal information.
  • Opt out of the sale of your personal information (if applicable).

To exercise these rights, please contact us at [Insert Contact Information].

5.3 GDPR Compliance (For EU and Applicable Jurisdictions)

If you are located in the European Union (EU), European Economic Area (EEA), or other jurisdictions where the General Data Protection Regulation (GDPR) applies:

  • Lawful Basis for Processing: We process your personal data based on your consent, contractual necessity, or other lawful bases as outlined in our Privacy Policy.
  • Data Subject Rights: You have the right to access, correct, or delete your personal data, restrict or object to processing, and exercise data portability. To exercise your GDPR rights, contact us at [Insert Contact Information].
  • Data Transfers: We ensure adequate safeguards for personal data transferred outside the EU/EEA, such as Standard Contractual Clauses (SCCs).

6. Indemnification

You agree to indemnify and hold harmless OffensAI Inc., and their affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Site or Services, your violation of these Terms, or your infringement of any third-party rights.

7. Limitation of Liability

To the fullest extent permitted by law, OffensAI Inc., and their affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or related to your use of the Site or Services.

8. Dispute Resolution

8.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

8.2 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the Site or Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

9. Termination

OffensAI may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to your violation of these Terms. Upon termination, your right to use the Services will immediately cease.

10. General Provisions

10.1 Changes to Terms

OffensAI reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on the Site or through other communication methods. Your continued use of the Site or Services after such changes constitutes your acceptance of the revised Terms.

10.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

10.3 Entire Agreement

These Terms constitute the entire agreement between you and OffensAI regarding your use of the Site and Services.

11. Contact Information

If you have any questions about these Terms, please contact us at:

  • Email: specialists@offensai.com