Terms of service
Users and License
Thank you for using Collegenie AI. These Terms of Service (“Terms”) govern your use of the Collegenie AI App and Website www. collegenie.ai and associated sub-domains (“Website”), software on our Website and mobile applications (“Software”), and AI & algorithm-based writing analysis, AI and human editor-based proofreading/editing services, and all other services offered via the App, Website and Software (collectively, “Services”).
These Terms represent an agreement between you ("you") and Collegenie AI Co., Ltd. ("the Company", "we" or "us"). By registering on the App or Website or for the use of the Software or Services, you agree that you will be bound by the terms. If you disagree with the terms, you can simply choose not to use the App, Website, Software, or Services.
Your acceptance of these Terms, and your payment for any paid Services where applicable, will grant you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use the App or Website and corresponding Software/Services for personal purposes only.
If we make any changes to these terms, we’ll inform you by posting a notice on the App, Website, or by sending an email to you. If you disagree to such changes, you may request the cancellation of your account by contacting us at support@EssayFit.com.
Permitted Users
This App or Website is only available to users who are 13 years of age or older. If you do not meet the above requirements, you may not register yourself on this App or Website or use the Software or Services.
Registration and Security
You must provide Collegenie AI with accurate and complete registration information and to promptly notify Collegenie AI if there is/are any changes to the information you provided. You are solely responsible for the security of all user IDs, passwords or other security measures used regarding the App, Website, Software and/or Services. You ensure that they will not be disclosed to or used by any other person or entity but yourself. If you encounter any security issues, you must inform us at support@EssayFit.com immediately. You agree that Collegenie AI has the right to require changes in your password(s) for the App, Website, Software and/or Services, and you will comply with our requests to be able to continue to use the App, Website, Software and/or Services. You are solely responsible for all activity regarding access to the App, Website, Software and/or Services through your account or the use of your password, and for the security of your computer systems, and agree that Collegenie AI will not be liable for any loss or damages relating to such activity.
Intellectual Property
The App, Website, Software, Services, and their contents, features and functionality (including but not limited to all information, algorithms, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All intellectual property rights in and to the App, Website, Software, Services and other Collegenie AI content, features and functionality remain the sole property of the Company and its corresponding affiliates and licensors, and that the Software constitutes confidential information of Collegenie AI.
These Terms permit you to use the App, Website, Software and/or Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App or Website, except as follows:
You may store files that are automatically cached by your app or web browser.
If we provide an option for downloading content, Software, and/or associated material, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, governed in all respects by these Terms.
You cannot:
Modify any materials, analysis, content and/or copies derived from the App, Website, Software and/or Services.
Attempt to access or derive the source code or algorithms or architecture of any Software. Systematically harvest data from the App, Website, Software and/or Services, or programmatically register accounts on the same.
Use any content, illustrations, photographs, video or audio content, information or any graphics from the App, Website, Software and/or Services without permission from the Company.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the App, Website, Software and/or Services.
Use any part of the App, Website, Software and/or Services, or contents or materials derived therefrom, for commercial purposes.
Transfer your accounts, Services, IDs, and other rights granted under these Terms to any third party.
Interfere with our App, Website, Software and/or Services by submitting malicious software or computer code or hacking or overloading (flooding, spamming, mail bombing, and/or crashing) regarding the App or Website.
Use or copy our App, Website, Software, Services, and contents to make a competitive product.
Use a false identity on the App or Website.
If you wish to make any use of material found on the App, Website, Software and/or Services, please contact us at: support@EssayFit.com.
If you breach these Terms, your right to use the App, Website, Software and/or Services will terminate immediately. Any subsequent use of the App, Website, Software and/or Services may violate copyright, trademark, and other laws.
Free Trial and Paid (Premium) Memberships
Collegenie AI offers a free trial access/membership regarding certain Software or Services (a “Free Trial”). By accessing or using the Free Trial, you agree to any terms governing the Free Trial and any changes thereto. Currently, our Free Trial does not automatically convert your account into paid (Premium) Services. All paid (Premium) Services will be chosen and initiated by your own intent and action.
If you have registered to use certain Services and/or Software on a Free Trial basis including the usage of our Promo Code(s) issued to you, you may only use them for non- commercial evaluation purposes during the trial period stated on the App or Website at the time of registration.
Your access to or use of the Services and/or Software that are indicated as paid Services will be only available to you upon making corresponding payment(s) stated on the App or Website at the time (“Fees”). Upon registering for paid (Premium) Services, you authorize Collegenie AI to charge to your designated account all Fees relating to the Services you select, and you agree to pay all associated Fees in accordance with the payment method terms and conditions.
Collegenie AI reserves the right to revise, increase, decrease and add additional components to its Fees at any given time on ten (10) days’ notice by sending an email to the address you provided or by posting a notice on the App, Website or by any other manner reasonably chosen by the Company. Your use of the Services after the ten (10) day notice period confirms your acceptance of the new or revised Fees. You have the choice of canceling your subscription to the paid Services. To cancel any subscription, please send a request to support@EssayFit.com.
Termination and Refund Policy
Collegenie AI may deny you access to all or any part of the App, Website, Software and/or Services, or terminate your account without prior notice, if you engage in any conduct or activities that the Company determines, in its sole discretion, violate these Terms or is otherwise inappropriate. Such conduct or activities include spamming or misusing Collegenie AI's content in a manner that could be perceived as suspicious activity with ill intent or motives that deviate from the proper and intended purpose.
Upon termination, your access to the App, Website, Software and/or Services, and any content associated with Collegenie AI, will immediately expire and your account(s) and/or all content in your account(s) will be deleted without notice.
Irrespective of any termination, the provisions of these Terms that by their nature should survive shall remain in effect even after termination. Such provisions include, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Except as may be expressly set forth herein, all Fees paid or accrued in connection with any completed Services are non-refundable. In addition, any Free Trial(s) and free services provided through the usage of promo codes is/are not subject to refund.
Cancellation of Subscription and Refund Policy
If you cancel your Subscription for a full refund within seven (7) calendar days of your initial purchase with no used services, including but not limited to PS Evaluation, Editing, Brainstorming, College Supp Essay Evaluation, and My Chances, we will give you a FULL refund. However, if you have requested for refund after 7 days from the initial purchase date OR if you have used any of PS Evaluation, Editing, Brainstorming, College Supp Essay Evaluation, and My Chances functionalities are used at the time of the request, you are NOT eligible for any refund. If you are eligible for a refund, you can request by contacting support@EssayFit.com.
You may cancel your Subscription at any time, but such cancellation will be effective at the end of the then-current Subscription period. If you cancel after your subscription renewal date, you will not receive a refund for any amounts that have been charged. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.
Changes to the Software and/or Services
You agree that Collegenie AI has the right at any given time to change any information, specifications, features or functions of the App, Website, Services and/or Software, including any Free Trial. We may suspend or discontinue, temporarily or permanently, any or all the Services or any Free Trial, including the availability of any feature, database, or content, with or without prior notice. We may choose to notify you of changes that, solely in our opinion, have the effect of diminishing the functionality of the Software and/or Services you are using.
User Content
All text, documents, and content you upload while you use our App, Website, Software and/or Services are defined as “User Content”. All intellectual property rights in and to the User Content remain your property, and Collegenie AI shall acquire no ownership with respect to your User Content.
Collegenie AI has no obligation to monitor any User Content and shall have no liability to you or any other person or entity with respect thereto, including, without limitation, liability with respect to any information (including your confidential information) contained in or apparent from any User Content. You retain all right, title, and interest in and to your User Content, and Collegenie AI does not sell your data to a third party.
Meanwhile, by uploading or entering any User Content, you grant Collegenie AI the right to use your User Content to improve Collegenie AI’s AI performance, algorithms, personalization functionality/marketing, and other technical elements we deem necessary underlying the App, Website, Software and/or Services.
You represent and warrant that you have the legal rights or license to all of your User Content, and that no User Content infringes upon or violates the rights (copyrights or other intellectual property rights) of anyone or entity. You warrant that your User Content does not infringe any applicable laws or government policies.
As some of our analysis and generative services use API provided by OpenAI, you also agree that you will following the OpenAI API Usage Guidelines. Collegenie AI and OpenAI may request your cooperation in providing information reduce safety risks if deemed necessary, and you agree to comply.
Collegenie AI is not responsible for any loss, corruption, or other changes to User Content. We may provide functionality to temporarily save or store User Content; however, you acknowledge that Collegenie AI does not guarantee that the User Content will be retrievable. You are solely responsible for saving or maintaining User Content including by maintaining backup copies on your own independent systems.
Generated Content
All text, documents, and content generated Collegenie’s AI and algorithm are defined as “Generated Content.” Examples of Generated Content include but are not limited to AI edited versions of your essays, AI brainstormed content, and automatically generated evaluations on your essays and extracurriculars. While Collegenie AI retains all rights to Generated Content, we will not sell such content to a third party.
You agree that you will use Generated Content only as a reference, and you will not copy or use Generated Content for your college application. Collegenie AI makes it clear that all Generated Content only serves the purpose of providing guidance and suggestions for the User. The Company doesn’t not guarantee nor is it responsible for the accuracy or effectiveness of Generated Content, especially regards to your college admissions process. Users agree that they will use such content as a reference at their own discretion and risk. Collegenie AI and the Company do not take any responsibility or liability from the damages, losses, or penalties that may result for your improper or unethical usage of Generated Content.
Links to Third Party
Links to third party companies, websites, services, or products are provided only for your convenience, and the Company is not responsible for what you choose to obtain or purchase from third parties, such as their services and/or products. Such transactions or interactions are between you and the third party, and we do not guarantee or represent the validity or legality of the services and/or products offered by third parties nor are we liable for such transactions.
Canceling your Account
You can cancel your account by sending an email to support@EssayFit.com. Upon canceling your account, your files will be deleted in sixty days. The files will not be recoverable after deletion.
Disclaimer of Warranties
Your use of the App, Website, Software and/or Services is provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied. All Services, content, and information you obtain through the App or Website and/or Software is at your own risk. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, merchantability, fitness for a particular purpose, non-infringement, accuracy or availability of the Website, Software and/or Services. We do not make any warranty that the App, Website, Software, and/or Services will meet your requirements or expectations, or that the use of the App, Website, Software, and/or Services will be uninterrupted, timely, secure, virus free or error free, or defect free.
Limitations of Liability
In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages, under any legal theory, arising out of or in connection with your use, or inability to use, the App, Website, Software, Services, any content on the App, Website or Software or any Services, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. In no event will the liability of the Company exceed the amount you paid for any paid Services.
You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Collegenie AI and you. You understand that the app, website, services and software would not be provided without such limitations.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You waive any comparable statute or doctrine if you are a resident of another jurisdiction.
Indemnity
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assignors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App, Website, Software and/or Services, including, but not limited to, your User Content, and your use of any information obtained from the App, Website, Software and/or Services.
Consent to Receive Email
By registering on the App or Website, you agree to receive emails from Collegenie AI. You may opt out of receiving emails, other than notifications about your account, your usage of the App, Website, Software and/or Services and other technical issues.
General
All matters relating to your use of the App, Website, Software and/or Services and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Korea without giving effect to any choice or conflict of law provision or rule. Any dispute resolution proceeding arising out of, or related to, the use of the App, Website, Software and/or Services shall be submitted for determination under the exclusive jurisdiction of the Korea Commercial Arbitration Board. Notwithstanding the foregoing, you recognize that in the event you fail to perform, observe, or discharge any or all of the obligations under these Terms, any remedy at law may prove to be inadequate relief to the Company. You therefore agree that the Company shall be entitled to temporary and permanent injunctive relief, or any other form of equitable relief brought before any court in any jurisdiction without the necessity of proving actual damages.
Any cause of action or claim you may have arisen out of or relating to the App, Website, Software and/or Services must be commenced within one (1) year after the cause of action accrues, otherwise, you agree that such cause of action or claim is permanently barred. No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
This document was last modified on June 20th, 2024
Thank you for using Collegenie AI. These Terms of Service (“Terms”) govern your use of the Collegenie AI App and Website www. collegenie.ai and associated sub-domains (“Website”), software on our Website and mobile applications (“Software”), and AI & algorithm-based writing analysis, AI and human editor-based proofreading/editing services, and all other services offered via the App, Website and Software (collectively, “Services”).
These Terms represent an agreement between you ("you") and Collegenie AI Co., Ltd. ("the Company", "we" or "us"). By registering on the App or Website or for the use of the Software or Services, you agree that you will be bound by the terms. If you disagree with the terms, you can simply choose not to use the App, Website, Software, or Services.
Your acceptance of these Terms, and your payment for any paid Services where applicable, will grant you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use the App or Website and corresponding Software/Services for personal purposes only.
If we make any changes to these terms, we’ll inform you by posting a notice on the App, Website, or by sending an email to you. If you disagree to such changes, you may request the cancellation of your account by contacting us at support@EssayFit.com.
Permitted Users
This App or Website is only available to users who are 13 years of age or older. If you do not meet the above requirements, you may not register yourself on this App or Website or use the Software or Services.
Registration and Security
You must provide Collegenie AI with accurate and complete registration information and to promptly notify Collegenie AI if there is/are any changes to the information you provided. You are solely responsible for the security of all user IDs, passwords or other security measures used regarding the App, Website, Software and/or Services. You ensure that they will not be disclosed to or used by any other person or entity but yourself. If you encounter any security issues, you must inform us at support@EssayFit.com immediately. You agree that Collegenie AI has the right to require changes in your password(s) for the App, Website, Software and/or Services, and you will comply with our requests to be able to continue to use the App, Website, Software and/or Services. You are solely responsible for all activity regarding access to the App, Website, Software and/or Services through your account or the use of your password, and for the security of your computer systems, and agree that Collegenie AI will not be liable for any loss or damages relating to such activity.
Intellectual Property
The App, Website, Software, Services, and their contents, features and functionality (including but not limited to all information, algorithms, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All intellectual property rights in and to the App, Website, Software, Services and other Collegenie AI content, features and functionality remain the sole property of the Company and its corresponding affiliates and licensors, and that the Software constitutes confidential information of Collegenie AI.
These Terms permit you to use the App, Website, Software and/or Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App or Website, except as follows:
You may store files that are automatically cached by your app or web browser.
If we provide an option for downloading content, Software, and/or associated material, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, governed in all respects by these Terms.
You cannot:
Modify any materials, analysis, content and/or copies derived from the App, Website, Software and/or Services.
Attempt to access or derive the source code or algorithms or architecture of any Software. Systematically harvest data from the App, Website, Software and/or Services, or programmatically register accounts on the same.
Use any content, illustrations, photographs, video or audio content, information or any graphics from the App, Website, Software and/or Services without permission from the Company.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the App, Website, Software and/or Services.
Use any part of the App, Website, Software and/or Services, or contents or materials derived therefrom, for commercial purposes.
Transfer your accounts, Services, IDs, and other rights granted under these Terms to any third party.
Interfere with our App, Website, Software and/or Services by submitting malicious software or computer code or hacking or overloading (flooding, spamming, mail bombing, and/or crashing) regarding the App or Website.
Use or copy our App, Website, Software, Services, and contents to make a competitive product.
Use a false identity on the App or Website.
If you wish to make any use of material found on the App, Website, Software and/or Services, please contact us at: support@EssayFit.com.
If you breach these Terms, your right to use the App, Website, Software and/or Services will terminate immediately. Any subsequent use of the App, Website, Software and/or Services may violate copyright, trademark, and other laws.
Free Trial and Paid (Premium) Memberships
Collegenie AI offers a free trial access/membership regarding certain Software or Services (a “Free Trial”). By accessing or using the Free Trial, you agree to any terms governing the Free Trial and any changes thereto. Currently, our Free Trial does not automatically convert your account into paid (Premium) Services. All paid (Premium) Services will be chosen and initiated by your own intent and action.
If you have registered to use certain Services and/or Software on a Free Trial basis including the usage of our Promo Code(s) issued to you, you may only use them for non- commercial evaluation purposes during the trial period stated on the App or Website at the time of registration.
Your access to or use of the Services and/or Software that are indicated as paid Services will be only available to you upon making corresponding payment(s) stated on the App or Website at the time (“Fees”). Upon registering for paid (Premium) Services, you authorize Collegenie AI to charge to your designated account all Fees relating to the Services you select, and you agree to pay all associated Fees in accordance with the payment method terms and conditions.
Collegenie AI reserves the right to revise, increase, decrease and add additional components to its Fees at any given time on ten (10) days’ notice by sending an email to the address you provided or by posting a notice on the App, Website or by any other manner reasonably chosen by the Company. Your use of the Services after the ten (10) day notice period confirms your acceptance of the new or revised Fees. You have the choice of canceling your subscription to the paid Services. To cancel any subscription, please send a request to support@EssayFit.com.
Termination and Refund Policy
Collegenie AI may deny you access to all or any part of the App, Website, Software and/or Services, or terminate your account without prior notice, if you engage in any conduct or activities that the Company determines, in its sole discretion, violate these Terms or is otherwise inappropriate. Such conduct or activities include spamming or misusing Collegenie AI's content in a manner that could be perceived as suspicious activity with ill intent or motives that deviate from the proper and intended purpose.
Upon termination, your access to the App, Website, Software and/or Services, and any content associated with Collegenie AI, will immediately expire and your account(s) and/or all content in your account(s) will be deleted without notice.
Irrespective of any termination, the provisions of these Terms that by their nature should survive shall remain in effect even after termination. Such provisions include, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Except as may be expressly set forth herein, all Fees paid or accrued in connection with any completed Services are non-refundable. In addition, any Free Trial(s) and free services provided through the usage of promo codes is/are not subject to refund.
Cancellation of Subscription and Refund Policy
If you cancel your Subscription for a full refund within seven (7) calendar days of your initial purchase with no used services, including but not limited to PS Evaluation, Editing, Brainstorming, College Supp Essay Evaluation, and My Chances, we will give you a FULL refund. However, if you have requested for refund after 7 days from the initial purchase date OR if you have used any of PS Evaluation, Editing, Brainstorming, College Supp Essay Evaluation, and My Chances functionalities are used at the time of the request, you are NOT eligible for any refund. If you are eligible for a refund, you can request by contacting support@EssayFit.com.
You may cancel your Subscription at any time, but such cancellation will be effective at the end of the then-current Subscription period. If you cancel after your subscription renewal date, you will not receive a refund for any amounts that have been charged. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.
Changes to the Software and/or Services
You agree that Collegenie AI has the right at any given time to change any information, specifications, features or functions of the App, Website, Services and/or Software, including any Free Trial. We may suspend or discontinue, temporarily or permanently, any or all the Services or any Free Trial, including the availability of any feature, database, or content, with or without prior notice. We may choose to notify you of changes that, solely in our opinion, have the effect of diminishing the functionality of the Software and/or Services you are using.
User Content
All text, documents, and content you upload while you use our App, Website, Software and/or Services are defined as “User Content”. All intellectual property rights in and to the User Content remain your property, and Collegenie AI shall acquire no ownership with respect to your User Content.
Collegenie AI has no obligation to monitor any User Content and shall have no liability to you or any other person or entity with respect thereto, including, without limitation, liability with respect to any information (including your confidential information) contained in or apparent from any User Content. You retain all right, title, and interest in and to your User Content, and Collegenie AI does not sell your data to a third party.
Meanwhile, by uploading or entering any User Content, you grant Collegenie AI the right to use your User Content to improve Collegenie AI’s AI performance, algorithms, personalization functionality/marketing, and other technical elements we deem necessary underlying the App, Website, Software and/or Services.
You represent and warrant that you have the legal rights or license to all of your User Content, and that no User Content infringes upon or violates the rights (copyrights or other intellectual property rights) of anyone or entity. You warrant that your User Content does not infringe any applicable laws or government policies.
As some of our analysis and generative services use API provided by OpenAI, you also agree that you will following the OpenAI API Usage Guidelines. Collegenie AI and OpenAI may request your cooperation in providing information reduce safety risks if deemed necessary, and you agree to comply.
Collegenie AI is not responsible for any loss, corruption, or other changes to User Content. We may provide functionality to temporarily save or store User Content; however, you acknowledge that Collegenie AI does not guarantee that the User Content will be retrievable. You are solely responsible for saving or maintaining User Content including by maintaining backup copies on your own independent systems.
Generated Content
All text, documents, and content generated Collegenie’s AI and algorithm are defined as “Generated Content.” Examples of Generated Content include but are not limited to AI edited versions of your essays, AI brainstormed content, and automatically generated evaluations on your essays and extracurriculars. While Collegenie AI retains all rights to Generated Content, we will not sell such content to a third party.
You agree that you will use Generated Content only as a reference, and you will not copy or use Generated Content for your college application. Collegenie AI makes it clear that all Generated Content only serves the purpose of providing guidance and suggestions for the User. The Company doesn’t not guarantee nor is it responsible for the accuracy or effectiveness of Generated Content, especially regards to your college admissions process. Users agree that they will use such content as a reference at their own discretion and risk. Collegenie AI and the Company do not take any responsibility or liability from the damages, losses, or penalties that may result for your improper or unethical usage of Generated Content.
Links to Third Party
Links to third party companies, websites, services, or products are provided only for your convenience, and the Company is not responsible for what you choose to obtain or purchase from third parties, such as their services and/or products. Such transactions or interactions are between you and the third party, and we do not guarantee or represent the validity or legality of the services and/or products offered by third parties nor are we liable for such transactions.
Canceling your Account
You can cancel your account by sending an email to support@EssayFit.com. Upon canceling your account, your files will be deleted in sixty days. The files will not be recoverable after deletion.
Disclaimer of Warranties
Your use of the App, Website, Software and/or Services is provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied. All Services, content, and information you obtain through the App or Website and/or Software is at your own risk. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, merchantability, fitness for a particular purpose, non-infringement, accuracy or availability of the Website, Software and/or Services. We do not make any warranty that the App, Website, Software, and/or Services will meet your requirements or expectations, or that the use of the App, Website, Software, and/or Services will be uninterrupted, timely, secure, virus free or error free, or defect free.
Limitations of Liability
In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages, under any legal theory, arising out of or in connection with your use, or inability to use, the App, Website, Software, Services, any content on the App, Website or Software or any Services, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. In no event will the liability of the Company exceed the amount you paid for any paid Services.
You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Collegenie AI and you. You understand that the app, website, services and software would not be provided without such limitations.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You waive any comparable statute or doctrine if you are a resident of another jurisdiction.
Indemnity
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assignors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App, Website, Software and/or Services, including, but not limited to, your User Content, and your use of any information obtained from the App, Website, Software and/or Services.
Consent to Receive Email
By registering on the App or Website, you agree to receive emails from Collegenie AI. You may opt out of receiving emails, other than notifications about your account, your usage of the App, Website, Software and/or Services and other technical issues.
General
All matters relating to your use of the App, Website, Software and/or Services and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Korea without giving effect to any choice or conflict of law provision or rule. Any dispute resolution proceeding arising out of, or related to, the use of the App, Website, Software and/or Services shall be submitted for determination under the exclusive jurisdiction of the Korea Commercial Arbitration Board. Notwithstanding the foregoing, you recognize that in the event you fail to perform, observe, or discharge any or all of the obligations under these Terms, any remedy at law may prove to be inadequate relief to the Company. You therefore agree that the Company shall be entitled to temporary and permanent injunctive relief, or any other form of equitable relief brought before any court in any jurisdiction without the necessity of proving actual damages.
Any cause of action or claim you may have arisen out of or relating to the App, Website, Software and/or Services must be commenced within one (1) year after the cause of action accrues, otherwise, you agree that such cause of action or claim is permanently barred. No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
This document was last modified on June 20th, 2024
