FORTUNE Analytics AI – Terms of Use

The following terms of use (the “AI Terms of Use”) govern your access to and use of AI-powered products and tools made available by Fortune Media (USA) Corporation or one of its affiliates (“Fortune” or “we” or “us” or “our”) (the “AI Products”). These AI Terms of Use are supplementary to Fortune’s Terms of Use, which are incorporated herein by reference and available at terms of use and any other agreements governing the use of Fortune’s products and services and made available by us to you (“General Terms” and together with the AI Terms of Use, the “Terms”). In the event of any conflict between any provisions of these AI Terms of Use and the provisions of the General Terms, the provisions of the AI Terms of Use shall prevail solely with respect to the AI Products.

We may change the Terms from time to time, at any time without notice to you, by posting such changes on terms of use. By using the AI Products, you accept and agree to the Terms. If you do not agree to the Terms, you may not access or otherwise use the AI Products.

Our Privacy Policy explains how we collect and use personal information, which can be accessed here: privacy policy.

1. Registered User Account, Password and Security.
   
   

   You must register for an account to use the AI Products (an “Account”). As part of the registration or Account creation process, you will create login credentials by providing an email address and selecting a password. You have to also give us certain registration information, all of which must be accurate and updated. You agree to provide true, accurate and complete information during the registration process and/or to promptly update your Account information with any changes as they occur. Only one person may use the username and password associated with an Account. You agree not to impersonate any person or company or use a name that you are not authorized to use. You must keep your login credentials strictly confidential; you may not allow anyone to use your registration; and you may not access the AI Products using any other person’s login credentials. We reserve the right to suspend and/or terminate your access at any time in our sole discretion. We shall not be responsible for losses incurred as the result of a user’s misuse of an email address, password or their registration. If you are under 21 years old, you are not authorized to use the AI Products. 

   
   
2. Proprietary Rights.
   
   

   The AI Products, including all content graphics, copy, text, software, code, data, and  materials generated by or from the AI Products (“Output”), the look and feel, design, and organization of the AI Products, and the compilation of the content, code, data, and materials on the AI Products, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein are the property of Fortune and/or third-party licensors. Your use of the AI Products does not grant you ownership of any Output generated by, the AI Products or the AI Products.

   
   

   Fortune shall own, and you hereby assign to Fortune Media IP Limited, all of your right, title and interest in and to all materials that you type in, upload, or otherwise input into the AI Products as a prompt, instruction or otherwise, including all text, information, data, code, video, images, software, music, sound, photographs, graphics, and messages (“Input”). You expressly waive the benefit of any law, doctrine or principle known as “droit moral,” moral rights, rights of artistic integrity or any similar law, doctrine or principle, however denominated, and warrant and represent that all such rights in the Input to which any individual is now or may be at any future time entitled in any jurisdiction have been waived.

   
   
3. Responsibility for Input and Use of Output.
   
   

   You are responsible at all times for your Input and use of the Output, including to ensure that they (i) comply at all times with the Terms; (ii) do not violate any applicable law or other applicable terms and conditions; (iii) do not infringe, violate, or misappropriate any of our rights or the rights of any third party, including intellectual property rights and privacy rights.

   
   

   You must not include any data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, biometric data, genetic data, health data or data concerning sex life or sexual orientation (“Sensitive Personal Data”) in any Input.

   
   

   In the event that any of your Input or the Output is alleged to be unlawful or otherwise in breach of the Terms, you acknowledge that Fortune may take any actions legally available to it, including to terminate your Account and disclose such content to law enforcement or other governmental authorities, or in response to a court order.

   
   

   Any use of the Output is at your sole risk. You acknowledge that the Output is generated by the AI Products on a non-exclusive basis and may be provided to other users. We cannot guarantee that the Output will be accurate, unique to you, or will not be similar to Output received by  other users. Any usage of the Output is at your own risk and you hereby waive any claim with respect to any Output. You expressly release Fortune from any and all liability arising from your use of any Input, Output and/or the AI Products. By using the AI Products you acknowledge that Output may inaccurately reflect people, places or facts or may generate out of date information.  While Fortune takes reasonable steps to achieve accurate Outputs , Fortune in no way represents or warrants the accuracy or completeness of any Output and you understand and agree that:

   • You should not rely on any Output as a source of accurate information or as a substitute for professional services,
   • You must independently evaluate Output for accuracy and appropriateness for your use case,
   • Output may reflect incomplete, inaccurate, or offensive information or facts that do not represent the views of Fortune. If Output references any third party products or services it does not mean that Fortune endorses or is affiliated with such third party.
   • Input will be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy Policy and/or as otherwise provided at the time of submission.
     
4. Limited License.
   
   

   Subject to your compliance with the Terms, Fortune grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable right to access and use the AI Products on your personal computer or mobile device and to use the Outputs, in each case solely for your personal, non-commercial use and educational or internal corporate purposes, presentations to clients, and similar uses for which a fee is not charged (“Permitted Uses”). You may also make single copies or prints of the Output for the Permitted Uses.  Following the expiration or termination of your Account, you may retain, for archival purposes only (but not use), copies of any Output to the extent contained in business records that have been archived in the ordinary course of business, or required under applicable law or regulation, in each case subject to the Terms.

   
   

   Except for as set forth in this Section 4, no permission or license is granted or implied to use any intellectual property owned by Fortune and made available through the AI Products, including the trademarks, logos, service marks and trade names displayed on the AI Products or the content made available through the AI Products. Other company, product, and service names and logos used and displayed via the AI Products may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Fortune.

   
   
5. User Information.
   
   

   In the course of your use of the AI Products, you may be asked to provide certain personal information to us, or we may automatically collect certain information (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information that you provide to us.

   
   

   Where we have made opt-in or opt-out settings available, we will honor the choices you make.

   
   
6. Prohibited User Conduct.
   
   

   You warrant and agree that, in connection with your use of the AI Products (including Input and any Output), you shall not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) attempt to gain unauthorized access to other computer systems through the AI Products; (iv) engage in spidering, screen scraping, database scraping, harvesting of email addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the AI Products, including without limitation any information residing on any server or database connected to the AI Products, save for as specifically intentionally provided for by the AI Products by entering Input; (v) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (vi) use the AI Products in any manner that could interrupt, damage, disable, overburden, or impair the AI Products, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (vii) use the AI Products in violation of our or any third party’s intellectual property or other proprietary or legal rights or a person’s privacy; (viii) rent, lease, loan, trade, sell/re-sell or otherwise monetize the AI Products, Output or related data or access to the same; or (ix) use the AI Products in violation of any applicable law or the Terms.

   
   

   You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the AI Products, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the AI Products in any manner that could interfere with any other party’s use and enjoyment of the AI Products. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the AI Products. Fortune reserves the right to investigate and take appropriate legal action against anyone who, in Fortune’s sole discretion, violates the Terms, including without limitation, suspending or terminating the Account of such violators, and reporting such violators to the law enforcement authorities. You further warrant and represent that you are not currently (nor will you be while you are an Account holder) the target or subject of any sanctions law and that you are not currently (nor will you be while you are an Account holder) located or resident in a country or territory that is, or whose government is, the target of sanctions imposed by any U.S. government Sanctions Authority.

   
   
7. Prohibited Use.
   
   

   Unless otherwise specifically indicated in the Terms or on the AI Products, any commercial or promotional distribution, publishing, or exploitation of the AI Products, the Output, or any content, code, data, or materials on the AI Products, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein or on the AI Products, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data, or materials on or available through the AI Products. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the Output, content, code, data, or other materials on or available through the AI Products, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any Output or copyrighted material from or through the AI Products. If you make other use of the AI Products, or the Output, content, code, data, or materials thereon or available through the AI Products, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use.

   
   

   It is prohibited to use the AI Products to: (i) mislead anyone that the content generated by the AI Products is human-generated; (ii) provide medical advice or any content regarding the treatment, prevention, diagnosis or transmission of diseases; (iii) provide legal or financial advice; (iv) generate contracts or legally binding obligations; (v) generate political content including for dissemination in electoral campaigns; (vi) generate spam, ransomware, keyloggers, viruses or other software; (viii) generate profane or shocking content; (ix) generate or disseminate information to be used for the administration of justice or other legal purposes; or to (x) implement fully-automated decision making.

   
   
8. Right to Monitor and Editorial Control.
   
   

   Under no circumstances will Fortune be liable in any way for any Input, Output, or content or materials (including information of Account holders) made available through the AI Product, including, but not limited to, for any errors or omissions in any such Input, Output, or content, or for any and all injury (including death), loss or damage of any kind incurred as a result of the use of any such Input, Output or content. Unless expressly indicated to the contrary, Fortune does not endorse any particular products or services. You agree that you must evaluate, and bear all risks associated with the use of any Input, Output and/or content, including any reliance on the accuracy, completeness, or usefulness of such Input, Output and/or content.

   
   

   We reserve the right at all times to disclose or delete from the AI Products any information as necessary to satisfy any law, regulation or government request. We may also impose limits on certain features of the AI Products or restrict your access to part or all of the AI Products without notice or penalty if we believe you are in breach of the Terms or applicable law, or for any other reason or no reason without notice or liability.

   
   

   You acknowledge that Fortune is under no obligation to maintain records or historic Inputs or Outputs and may delete any records associated with your Account for any reason or no reason without notice or liability.

   
   
9. Payment.
   
   

   To the extent an AI Product or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Fortune information regarding your credit card or other payment instrument acceptable to us. You represent and warrant to Fortune that such information is true, that you are authorized to use the payment instrument, and that you are 21 years old or older. You agree to pay to us the applicable fees and taxes associated with your Account. You also agree to the billing frequency stated at the time of your order. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the AI Products may be subject to additional terms and conditions presented to you at the time of such purchase or download. Your Account may not include access to all aspects of the AI Products, and you may have to pay additional fees for full access. These additional charges will be clearly stated. If you dispute any charges you must let Fortune know within sixty (60) days after the date that Fortune charges you. We reserve the right to change prices and fees at any time. Your continued use of the AI Products after the price change becomes effective constitutes your agreement to pay the changed amount when a charge is next imposed on you.

   
   

   [Automatic Renewal Program: Your initial Account membership fee will be established at the rate shown at time of order (which may be a free trial). If your Account membership was established under an automatic renewal program, after the initial membership period, we will automatically renew your membership for a new one-year term (or other applicable term) as described at the time you accepted the offer, charged to the payment mechanism you authorized at the time of your offer acceptance (which may be a credit or debit card, or third party payment device such as PayPal) until you tell us to stop. If your credit card expires or your payment method is otherwise invalid, your Account will not automatically be terminated. You will remain responsible for all charges. Each term we will send you a reminder notice with the rate for the next term and instructions on how to cancel and avoid further charges. We will notify you in advance if the regular rate of a product changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your Account from that point forward.]

   
   

   We reserve the right to suspend or terminate your Account for any reason, with or without notice and without further obligation.

   
   

   Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel an Account at any time, but if you cancel your Account before the end of the current period, we will not refund any fees already paid to us. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all Account holders (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.

   
   

   For all Accounts, if we are not able to charge your authorized payment mechanism for your renewal, we may attempt to charge you again before the end of your current billing term, update your Account information using information obtained from third parties, such as your credit card company, or if such efforts are not successful, we may bill you directly using your contact and Account information. You agree to keep all of your contact and Account information current and accurate and notify us immediately if such information changes at any time. You authorize us to maintain your Account billing information to charge your Account as described above until you cancel.

   
   
10. Copyright Agent.
    
    

    We respect the intellectual property rights of others and require that the people who use the AI Products do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

    Copyright Agent: Fortune Media (USA) Corporation 40 Fulton Street New York, NY 10038 Email: dmcanotice@fortune.com Phone: (646) 437-6828

    
    

    Counter-Notice: If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to the Copyright Agent:

    If a counter-notice is received by the Copyright Agent, Fortune will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, Account holder or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

    
    

    Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Fortune has adopted a policy of terminating, in appropriate circumstances and at Fortune’s sole discretion, users who are deemed to be repeat infringers. Fortune may also at its sole discretion limit access to the AI Products and/or terminate the Account of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

    
    

    Please Note: The Copyright Agent has no responsibility for and will not respond to usage/reprint permission requests or Account service inquiries.

    
    
    • Your address, telephone number, and email address;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the alleged infringing material is located;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; andA statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf
      
      
    • Your physical or electronic signature;
    • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
      
      
11. DISCLAIMER OF WARRANTIES.
    
    

    THE AI PRODUCTS, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE AI PRODUCTS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE AI PRODUCTS, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE AI PRODUCTS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE AI PRODUCTS WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE AI PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE AI PRODUCTS OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE AI PRODUCTS. IF YOU ARE DISSATISFIED WITH THE AI PRODUCTS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE AI PRODUCTS.

    
    

    WE TRY TO ENSURE THAT THE INFORMATION UNDERLYING THE AI PRODUCTS IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY SUCH INFORMATION AT ANY TIME AND WITHOUT ANY PRIOR WARNING. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OUTPUT, INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE AI PRODUCTS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY OUTPUT, SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

    
    

    PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE OUTPUT OR CONTENT OBTAINED THROUGH THE AI PRODUCTS. NOTHING CONTAINED IN THE AI PRODUCTS (INCLUDING OUTPUT) SHALL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.

    
    

    WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED FROM OR PROVIDED BY FORTUNE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE AI PRODUCTS OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED FROM OR PROVIDED BY FORTUNE ARE PROVIDED BY US “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER.

    
    
12. LIMITATION OF LIABILITY.
    
    

    IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE AI PRODUCTS, OUTPUT OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INPUT OR OTHER INFORMATION VIA THE AI PRODUCTS, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY INPUT OR CONTENT TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE AI PRODUCTS. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE AI PRODUCTS OR OUTPUT EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE AI PRODUCTS.

    
    
13. Indemnification.
    
    

    You agree to defend, indemnify and hold harmless us and our affiliates, and our directors, officers, employees, and agents and those of our affiliates, from any and all claims, liabilities, costs, and expenses, including attorneys’ fees, arising in any way from your use of the AI Products and/or the Output, from your placement or transmission of any Input, message, content, information, software, or other materials on or through the AI Products, or from your breach or violation of the law or of the Terms. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

    
    
14. Applicable Laws.
    
    

    We control and operate the AI Products from our offices in the United States of America. We do not represent that materials on the AI Products are appropriate or available for use in other locations. Persons who choose to access the AI Products from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to the Terms waive their respective rights to a trial by jury.

    
    
15. Termination.
    
    

    We may terminate, change, suspend or discontinue any aspect of the AI Products at any time. We may restrict, suspend or terminate your access to the AI Products if we believe you are in breach of the Terms or applicable law, or for any other reason or no reason without notice or liability.

    
    
16. Changes to Terms of Use.
    
    

    We reserve the right, at our sole discretion, to change, modify, add, or remove any portion of the Terms, in whole or in part, at any time. Changes in the Terms will be effective when posted. Your continued use of the AI Products after any changes to the Terms are posted will be considered acceptance of those changes.

    
    
17. Miscellaneous.
    
    

    The Terms constitute the entire agreement between you and Fortune and govern your use of the AI Products, superseding any prior agreements between you and Fortune with respect to the AI Products. The Terms, and the relationship between you and us, shall be governed by the laws of the State of New York, United States of America. You agree that any cause of action that may arise under the Terms shall be commenced and be heard in the appropriate court in the State of New York, County of New York, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign these Terms without the prior written consent of Fortune, but Fortune may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.

    
    
18. Supplemental Terms.
    
    

    [Getty Images Notice:
    Getty Images still images and visual representations (including, without limitation, from Getty Images wholly-owned Sport, MLB, NHLI, AFP Sport, and Bongarts Sports) may not be republished, retransmitted, reproduced, downloaded or otherwise used, except for downloading for personal, non-commercial use.

    
    

    S&P Dow Jones Notice:

    
    

    The Dow Jones Industrial Average is proprietary to and is calculated, distributed and marketed by DJI Opco, a subsidiary of S&P Dow Jones Indices LLC and have been licensed for use to S&P Opco, LLC. Standard & Poor’s and S&P are registered trademarks of Standard & Poor’s Financial Services LLC and Dow Jones is a registered trademark of Dow Jones Trademark Holdings LLC. All content of the Dow Jones Industrial Average © S&P Dow Jones Indices LLC 2014 and/or its affiliates.

    
    

    Certain icons are used with permission from Adrian, available at http://designmodo.com/linecons-free/. Entypo pictograms are by Daniel Bruce, available at http://www.entypo.com. Both are
    governed by the Creative Commons license available at https://creativecommons.org/licenses/by-sa/3.0/us/legalcode.]

    
    

    These AI Terms of Use were last updated on 06/04/2024.