January 2025
ELIXXER Legal Terms & Policies
Welcome to Elixxer, LLC ("Elixxer," "we," "us," "our"). This document outlines the terms and conditions for using our services and explains how we collect, use, and protect your information. By using our services, you, the “User” agree to the terms of this Agreement.
Table of Contents
Terms of Use
Effective January 5, 2025
Thank you for using Elixxer!
These Terms of Use apply to your use of any version of Elixxer along with any associated software applications and websites (all together, “Services”). These Terms form an agreement between you and Elixxer, LLC (“Elixxer”), a Delaware company, and they include our Service Terms and important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms.
If you reside in the European Economic Area, Switzerland, or the UK, your use of the Services is governed by these terms.
Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.
Who we are
Elixxer is an AI software as a service (SASS) company. Our mission is to help content creators achieve success through the use of vertically integrated AI tools. For more information about Elixxer, please visit https://elixxer.ai.
Registration and access
Minimum age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services.
Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
Using our Services
What you can do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our Sharing & Publication Policy, Usage Policies, and any other documentation, guidelines, or policies we make available to you.
What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:
Use our Services in a way that infringes, misappropriates or violates Elixxer’s or anyone’s rights.
Modify, copy, lease, sell, transfer or distribute any of our Services.
Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
Automatically or programmatically extract data or Output (defined below).
Represent that Output was human-generated when it was not.
Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
Use Output to develop models or services that compete with Elixxer.
Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licenses.
Third party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.
Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.
Content
Your content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.
Ownership of content. As between you and Elixxer, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Similarity of content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output.
Our use of content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.
Opt out. If you do not want us to use your Content to improve our services, you can opt out by contacting us. Please note that in some cases this may limit the ability of our Services to better address your specific use case.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.
When you use our Services you understand and agree:
We do not warrant the Output to be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
Our Services may provide incomplete, incorrect, or offensive Output that does not represent Elixxer’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Elixxer.
Our IP rights
We and our affiliates own all rights, title, and interest in and to the Services. You may only use our name and logo with our express written approval.
Paid accounts
Billing. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
Cancellation. You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory laws regarding your cancellation rights.
Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
Termination and suspension
Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:
You breached these Terms or our Usage Policies.
We must do so to comply with the law.
Your use of our Services could cause risk or harm to Elixxer, our users, or anyone else.
We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.
Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us.
Discontinuation of Services
We may decide to discontinue our Services, but if we do, we will give you advance notice and your sole remedy is a refund for any prepaid, unused Services.
Disclaimer of warranties
OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Limitation of liability
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY, IF ANY, UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE CURRENT PERIOD OR RENEWAL PERIOD IN WHICH THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
ELIXXER’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
Indemnity
If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.
Dispute resolution
YOU AND ELIXXER AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
MANDATORY ARBITRATION. You and Elixxer agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect. If you opt out of an update, the last set of agreed upon arbitration terms will apply.
Informal dispute resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.
Arbitration forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.
Arbitration procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Kentucky. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of Campbell County, Kentucky have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.
Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.
CLASS AND JURY TRIAL WAIVERS. You and Elixxer agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and Elixxer knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.
Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.
Copyright complaints
If you believe that your intellectual property rights have been infringed, please send notice. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed upon
A description of where the allegedly infringing material is located on our site so we can find it
Your address, telephone number, and e-mail address
A sworn 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
A sworn statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf
General Terms
Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.
Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:
Changes to the law or regulatory requirements.
Security or safety reasons.
Circumstances beyond our reasonable control.
Changes we make in the usual course of developing our Services.
To adapt to new technologies.
We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.
Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.
Entire agreement. These Terms contain the entire agreement between you and Elixxer regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and Elixxer.
Governing law. Kentucky law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Campbell County, Kentucky.
European Terms of Use
Effective January 5, 2025
Thank you for using Elixxer!
These Terms of Use apply if you reside in the European Economic Area (EEA), Switzerland, or UK. If you live outside of the EEA, Switzerland, or UK, these Terms of Use apply to you.
These Terms of Use (“Terms”) apply to your use of Elixxer, and Elixxer’s other services for individuals, along with any associated software applications, technology and websites (“Services”), including personal, non-commercial use of our Services by consumers. You form a contract with us when you confirm that you accept these Terms or when you otherwise use the Services.
Who we are
Elixxer is an AI software as a service (SASS) company. Our mission is to help content creators achieve success through the use of vertically integrated AI tools. For more information about Elixxer, please visit https://elixxer.ai. Our Services are provided to you by:
Elixxer, LLC, a Delaware company with its registered office.
Additional Service-specific Terms
Depending on the specific Service or features you use, additional Service-specific terms and policies may apply to your use of our Services. The key ones to be aware of, and which form part of these Terms, are described below:
Usage Policies: these policies explain how you may use our Services and Content.
Service Terms: these terms apply when you use certain Services or features;
Sharing & Publication Policy: this policy sets out rules for when you share Content;
Registration and access
Minimum age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18, you must have your parent or legal guardian’s permission to use the Services and ask them to read these Terms with you.
Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
Using our Services
What you can do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as the Service-specific terms and policies listed above.
What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you are prohibited from:
Use our Services in a way that infringes, misappropriates or violates Elixxer’s or anyone’s rights.
Modifying, copying, leasing, selling, transferring, or distributing any of our Services.
Attempting to or assisting anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
Automatically or programmatically extracting data or Output (defined below).
Representing that Output was human-generated when it was not.
Interfering with or disrupting our Services, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations we put on our Services.
Using Output to develop models and services that compete with Elixxer.
Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licences.
Third party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.
Feedback. We appreciate your feedback about our Services, but you agree that we may use it to provide, maintain, develop, and improve our Services, without compensation to you.
Content
Your content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content”. You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licences, and permissions needed to provide Input to our Services.
Ownership of content. As between you and Elixxer, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Similarity of content. Due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output.
Our use of content. We can use your Content worldwide to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies and keep our Services safe.
Opt out. If you do not want us to use your Content to enhance our services, you have the option to opt out by contacting us. Please note that in some cases this may limit the ability of our Services to better address your specific use case.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in Output that does not accurately reflect real people, places, or facts.
When you use our Services you understand and agree:
We do not warrant the Output to be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
Our Services may provide incomplete, incorrect, or offensive Output that does not represent Elixxer’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Elixxer.
Our IP rights
We and our affiliates own all rights, title, and interest in and to the Services. You may only use our name and logo with express written approval.
Paid accounts
Paid subscriptions. Some of our Services allow you to purchase paid subscriptions to benefit from enhanced features and functionalities (the “Benefits”). The exact nature of the Benefits differs between Services and will be made clear to you before purchase. You can manage your paid subscription from your account settings.
Fees: All charges, including subscription fees, will be made clear to you before purchase.
Billing. If you sign-up for a paid subscription or purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
Cooling off period. You are entitled to cancel your purchase and request a refund without stating the reason during the 14 days following the date of your purchase (the “Cooling Off Period”). The refund will cover the relevant subscription fee prorated from the date you request cancellation to the end of the relevant subscription period you have paid for. To cancel and request a refund please contact us.
Cancellation. Following the Cooling Off Period, you can cancel your paid subscription at any time by updating your account settings. You will not be charged after you cancel your paid subscription. You will continue to have access to the Benefits until the end of the subscription period you have paid for, at which point your cancellation will become effective. Unless we specify otherwise, you will not receive a refund or service credit for any days between the day you cancel and the last day of the subscription period you have paid for.
Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
Termination and suspension
Your rights. You can stop using our Services and end your relationship with Elixxer at any time by simply closing your account and stopping your use of the Services.
EEA consumer withdrawal right. If you are an EEA-based consumer, you can close your account and withdraw from these Terms within 14 days of accepting them by contacting us.
Elixxer rights. We may take action to suspend or terminate your access to our Services or close your account if we determine, acting reasonably and objectively:
You breached these Terms or our Usage Policies.
We must do so to comply with the law.
Your use of our Services could cause risk or harm to Elixxer, our users, or anyone else.
Your account has been inactive for over a year and you do not have a paid account.
Notice. If we terminate your account, we will make reasonable efforts to notify you in advance so you can export your Content or your data from the Services, unless it is not appropriate for us to do so, we reasonably believe that continued access to your account will cause damage to Elixxer or anyone else, or we are legally prohibited from doing so.
Appeals: If you believe we have suspended or terminated your account in error, you can file an appeal with us.
Our commitments to you
How we provide the Services. We commit to provide the Services to you with reasonable skill and care and to act with professional diligence. We do not promise to offer the Services forever or in their current form for any particular period of time.
Liability. We do not take responsibility for loss or damage caused by us, unless it is:
caused by our material breach of these Terms or reasonably foreseeable at the time of entering into these Terms.
We do not take responsibility for loss or damage caused by events beyond our reasonable control. We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You still have the full protections of the laws applicable to you.
Statutory rights. You have certain statutory rights that cannot be limited or excluded by a contract like these Terms or that you are legally entitled to, for example, by virtue of being a consumer. These Terms are in no way intended to affect or restrict those rights.
EEA consumer guarantee. If you are an EEA-based consumer, then EEA consumer laws provide you with a legal guarantee covering the Services. If you have any questions about your legal guarantee, please contact us.
Dispute resolution
Concerns. If we have a dispute, we would first like to understand and try to address your concerns before any formal legal action. To share your concerns you can contact us.
Court. If we cannot resolve our dispute, resolution will held in Campbell County Kentucky.
YOU AND ELIXXER AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
MANDATORY ARBITRATION. You and Elixxer agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect. If you opt out of an update, the last set of agreed upon arbitration terms will apply.
EEA consumer alternative dispute resolution. If you reside in the EEA, you can also raise the dispute with an alternative dispute resolution body via the European Commission’s Online Dispute Resolution (ODR) Platform, which you can access at https://ec.europa.eu/consumers/odr.
Copyright complaints
If you believe that your intellectual property rights have been infringed, please send notice. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the allegedly infringing material is located on our site so we can find it;
Your address, telephone number, and e-mail address;
A sworn statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
A sworn statement by you, that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
General terms
Assignment. You may not assign or transfer any rights or obligations under these Terms. We may assign or transfer our rights or obligations under these Terms to any affiliate or subsidiary or any successor in interest of any business associated with our Services. If we do, any rights you have as a consumer will not be affected. If you are not satisfied, you have the right to terminate your relationship with Elixxer and stop using our Services at any time.
Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:
Changes to the law or regulatory requirements.
Security or safety reasons.
Circumstances beyond our reasonable control.
Changes we make in the usual course of developing our Services.
To adapt to new technologies.
We will give you at least 30 days advance notice of changes that materially adversely impact you and the date that they will come into force either via email or an in-product notification. Any changes will only apply to our relationship going forward. If you do not agree to the changes, you must stop using our Services.
Delay in enforcing these Terms. If we or you delay enforcing a provision of these Terms, either of us can still enforce it later, and it will not prevent us or you from taking steps against the other at a later date. If any part of these Terms is determined to be invalid or unenforceable, it will not affect the enforceability of any other part of these Terms.
Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government licence for release or export.
Governing law. The law of the jurisdiction where you are a resident will govern these Terms.
Business use of the Services addendum
Commercial and business use. If you use our Services for commercial or business use, the following terms apply. In the event of a conflict between this Business Use of the Services Addendum and the rest of these Terms, this Addendum shall take precedence.
Limitation of liability. OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
ELIXXER’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS ADDENDUM.
Indemnity. If you are a business or organisation, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.
Governing law (business use). Kentucky law will govern these Terms except for its conflicts of laws principles. All claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Campbell County, Kentucky.
Private Policy
Effective January 5, 2025
For individuals in the European Economic Area, United Kingdom, and Switzerland, you can read this version of our Privacy Policy
We at Elixxer, LLC (together with our affiliates, “Elixxer”, “we”, “our” or “us”) respect your privacy and are strongly committed to keeping secure any information we obtain from you or about you. This Privacy Policy describes our practices with respect to Personal Data that we collect from or about you when you use our website, applications, and services (collectively, “Services”).
1. Personal Data we collect
We collect personal data relating to you (“Personal Data”) as follows:
Personal Data You Provide: We collect Personal Data if you create an account to use our Services or communicate with us as follows:
Account Information: When you create an account with us, we will collect information associated with your account, including your name, contact information, account credentials, date of birth, payment information, and transaction history, (collectively, “Account Information”).
User Content: We collect Personal Data that you provide in the input to our Services (“Content”), including your prompts and other content you upload, such as files, images, and audio, depending on the features you use.
Communication Information: If you communicate with us, such as via email or our pages on social media sites, we may collect Personal Data like your name, contact information, and the contents of the messages you send (“Communication Information”).
Other Information You Provide: We collect other information that you may provide to us, such as when you participate in our events or surveys or provide us with information to establish your identity or age (collectively, “Other Information You Provide”).
Personal Data We Receive from Your Use of the Services: When you visit, use, or interact with the Services, we receive the following information about your visit, use, or interactions (“Technical Information”):
Log Data: We collect information that your browser or device automatically sends when you use our Services. Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interact with our Services.
Usage Data: We collect information about your use of the Services, such as the types of content that you view or engage with, the features you use and the actions you take, as well as your time zone, country, the dates and times of access, user agent and version, type of computer or mobile device, and your computer connection.
Device Information: We collect information about the device you use to access the Services, such as the name of the device, operating system, device identifiers, and browser you are using. Information collected may depend on the type of device you use and its settings.
Location Information: We may determine the general area from which your device accesses our Services based on information like its IP address for security reasons and to make your product experience better, for example to protect your account by detecting unusual login activity or to provide more accurate responses. In addition, some of our Services allow you to choose to provide more precise location information from your device, such as location information from your device’s GPS.
Cookies and Similar Technologies: We use cookies and similar technologies to operate and administer our Services, and improve your experience. If you use our Services without creating an account, we may store some of the information described in this policy with cookies, for example to help maintain your preferences across browsing sessions. For details about our use of cookies, please contact us.
Information We Receive from Other Sources: We receive information from our trusted partners, such as security partners, to protect against fraud, abuse, and other security threats to our Services, and from marketing vendors who provide us with information about potential customers of our business services.
We also collect information from other sources, like information that is publicly available on the internet, to develop tools that power our Services.
2. How we use Personal Data
We may use Personal Data for the following purposes:
To provide analyze, and maintain our Services, for example to respond to your questions for Elixxer;
To improve and develop our Services and conduct research, for example to develop new product features;
To communicate with you, including to send you information about our Services and events, for example about changes or improvements to the Services;
To prevent fraud, illegal activity, or misuses of our Services, and to protect the security of our systems and Services;
To comply with legal obligations and to protect the rights, privacy, safety, or property of our users, Elixxer, or third parties.
We may also aggregate or de-identify Personal Data so that it no longer identifies you and use this information for the purposes described above, such as to analyze the way our Services are being used, to improve and add features to them, and to conduct research. We will maintain and use de-identified information in de-identified form and not attempt to re-identify the information, unless required by law.
As noted above, we may use Content you provide us to improve our Services.
3. Disclosure of Personal Data
We may disclose your Personal Data in the following circumstances:
Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may disclose Personal Data to vendors and service providers, including providers of hosting services, customer service vendors, cloud services, content delivery services, support and safety monitoring services, email communication software, web analytics services, payment and transaction processors, and other information technology providers. Pursuant to our instructions, these parties will access, process, or store Personal Data only in the course of performing their duties to us.
Business Transfers: If we are involved in strategic transactions, reorganization, bankruptcy, receivership, or transition of service to another provider (collectively, a “Transaction”), your Personal Data may be disclosed in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.
Government Authorities or Other Third Parties: We may share your Personal Data, including information about your interaction with our Services, with government authorities, industry peers, or other third parties in compliance with the law (i) if required to do so to comply with a legal obligation, or in the good faith belief that such action is necessary to comply with a legal obligation, (ii) to protect and defend our rights or property, (iii) if we determine, in our sole discretion, that there is a violation of our terms, policies, or the law; (iv) to detect or prevent fraud or other illegal activity; (v) to protect the safety, security, and integrity of our products, employees, users, or the public, or (vi) to protect against legal liability.
Affiliates: We may disclose Personal Data to our affiliates, meaning an entity that controls, is controlled by, or is under common control with Elixxer. Our affiliates may use this Personal Data in a manner consistent with this Privacy Policy.
Other Users and Third Parties You Interact or Share Information With: Certain features allow you to interact or share information with other users or third parties. For example, you may be able to share Elixxer conversations, profiles, and agents with other users via shared links and connections within the Services. You can also send information to third-party applications, such as via custom actions and automations through third parties, or for searching the web to help answer questions that benefit from more recent information. Information you share with third parties is governed by their own terms and privacy policies, and you should make sure you understand those terms and policies before sharing information with them.
4. Retention
We’ll retain your Personal Data for only as long as we need in order to provide our Services to you, or for other legitimate business purposes such as resolving disputes, safety and security reasons, or complying with our legal obligations. How long we retain Personal Data will depend on a number of factors, such as:
Our purpose for processing the data (such as whether we need to retain the data to provide our Services);
The amount, nature, and sensitivity of the information;
The potential risk of harm from unauthorized use or disclosure;
Any legal requirements that we are subject to.
In some cases, the length of time we retain data depends on your settings.
5. Your rights
Depending on where you live, you may have certain statutory rights in relation to your Personal Data. For example, you may have the right to:
Access your Personal Data and information relating to how it is processed.
Delete your Personal Data from our records.
Update or correct your Personal Data.
Transfer your Personal Data to a third party (right to data portability).
Restrict how we process your Personal Data.
Withdraw your consent—where we rely on consent as the legal basis for processing at any time.
Object to how we process your Personal Data.
Lodge a complaint with your local data protection authority.
A note about accuracy: Services like Elixxer generate responses by reading a user’s request and, in response, predicting the words most likely to appear next. In some cases, the words most likely to appear next may not be the most factually accurate. For this reason, you should not rely on the factual accuracy of output.
Elixxer processes your Personal Data for the purposes described in this Privacy Policy on servers located in various jurisdictions, including processing and storing your Personal Data in our facilities and servers in the United States. While data protection law varies by country, we apply the protections described in this policy to your Personal Data regardless of where it is processed, and only transfer that data pursuant to legally valid transfer mechanisms.
6. Children
Our Services are not directed to, or intended for, children under 13. We do not knowingly collect Personal Data from children under 13. If you have reason to believe that a child under 13 has provided Personal Data to Elixxer through the Services, please email us at hello@elixxer.ai. We will investigate any notification and, if appropriate, delete the Personal Data from our systems. Users under 18 must have permission from their parent or guardian to use our Services.
7. Security
We implement commercially reasonable technical, administrative, and organizational measures designed to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you provide to the Services. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third-party websites.
8. Additional U.S. state disclosures
Some U.S. state privacy laws require specific disclosures. The following table provides additional information about the categories of Personal Data we collect and how we use and disclose that information. You can read more about the Personal Data we collect and where we collect it from in “Personal Data we collect” above, how we use Personal Data in “How we use Personal Data” above, and how we retain Personal Data in “Security and Retention” below.
Category of Personal Data
Use of Personal Data
Disclosure of Personal Data
We collect the following information, as described above:
Identifiers, such as your name, contact details, IP address, and other device identifiers
Commercial information, such as your transaction history
Network activity information, such as Content and how you interact with our Services
Communication information, such as your contact information when you send us email
Geolocation data, such as the general area from which your device accesses our Services based on information like its IP address, or precise location information you choose to provide
Your account credentials and payment information
We use this information for the following purposes, as described above:
Provide, analyze, and maintain our Services
Improve and develop our Services and conduct research
Communicate with you, including to send you information about our Services and events
Prevent fraud, illegal activity, or misuses of our Services, and to protect the security of our systems and Services
Comply with legal obligations and protect the rights, privacy, safety, or property of our users, Elixxer, or third parties
We may disclose this information in the following circumstances, as described above:
Vendors, service providers, and affiliates to process in accordance with our instructions
Government authorities or other third parties for the legal reasons described above
Parties involved in Transactions
Business account administrators for the reasons described above
Other users and third parties you interact or share information with
Depending on where you live and subject to applicable exceptions, you may have the following privacy rights in relation to your Personal Data:
The right to know information about our processing of your Personal Data, including the right to access your Personal Data, often in a portable format;
The right to request deletion of your Personal Data;
The right to correct your Personal Data; and
The right to be free from discrimination relating to the exercise of any of your privacy rights.
We do not “sell” Personal Data or “share” Personal Data for cross-contextual behavioral advertising, and we do not process Personal Data for “targeted advertising” purposes (as those terms are defined under state privacy laws). We also do not process sensitive Personal Data for the purposes of inferring characteristics about a consumer.
Exercising Your Rights. You can exercise privacy rights described in this section by submitting a request through hello@elixxer.ai.
Verification. In order to protect your Personal Data from unauthorized access, change, or deletion, we may require you to verify your credentials before you can submit a request to know, correct, or delete Personal Data. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Data for verification. If we cannot verify your identity, we will not be able to honor your request.
Authorized Agents. You may also submit a rights request through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity with us.
Appeals. Depending on where you live, you may have the right to appeal a decision we make relating to requests to exercise your rights.
9. Changes to the privacy policy
We may update this Privacy Policy from time to time. When we do, we will publish an updated version and effective date on this page, unless another type of notice is required by applicable law.
10. How to contact us
Please contact support at hello@elixxer.ai if you have any questions or concerns not already addressed in this Privacy Policy.
Sharing & publication policy
Effective January 5, 2025
Social media, livestreaming, and demonstrations
To mitigate the possible risks of AI-generated content, we have set the following policy on permitted sharing.
Posting your own prompts or completions to social media is generally permissible, as is livestreaming your usage or demonstrating our products to groups of people. Please adhere to the following:
Manually review each generation before sharing or while streaming.
Attribute the content to your name or your company.
Indicate that the content is AI-generated in a way no user could reasonably miss or misunderstand.
Do not share content that violates our Content Policy or that may offend others.
If taking audience requests for prompts, use good judgment; do not input prompts that might result in violations of our Content Policy.
If you would like to ensure the Elixxer team is aware of a particular completion, you may email us.
Recall that you are interacting with the raw model, which means we do not filter out biased or negative responses.
Content co-authored using our Services
Creators who wish to publish their first-party written content (e.g., a book, compendium of short stories) created in part with the Elixxer are permitted to do so under the following conditions:
The published content is attributed to your name or company.
The role of AI in formulating the content is clearly disclosed in a way that no reader could possibly miss, and that a typical reader would find sufficiently easy to understand.
Topics of the content do not violate our Policies or Terms of Use, e.g., are not related to adult content, spam, hateful content, content that incites violence, or other uses that may cause social harm.
We kindly ask that you refrain from sharing outputs that may offend others.
For instance, one must detail in a Foreword or Introduction (or some place similar) the relative roles of drafting, editing, etc. People should not represent API-generated content as being wholly generated by a human or wholly generated by an AI, and it is a human who must take ultimate responsibility for the content being published.
Here is some stock language you may use to describe your creative process, provided it is accurate:
The author generated this text in part with AI tools such as large-scale language-generation models. Upon generating draft language, the author reviewed, edited, and revised the language to their own liking and takes ultimate responsibility for the content of this publication.
In some cases, we may want to highlight your work internally and/or externally.
In others, such as publications that pertain to security or misuse of Elixxer, we may want to take appropriate actions to protect our users.
Usage Policies
Effective January 5, 2025
We’ve updated our usage policies to be more readable and added service-specific guidance. Customers may sign up to receive notifications of new updates to our usage policies by filling out this form(opens in a new window).
We aim for our tools to be used safely and responsibly, while maximizing your control over how you use them. By using our services, you agree to adhere to our policies.
We have established universal policies applicable to all our services. Violating our policies could result in action against your account, up to suspension or termination. We also work to make our models safer and more useful, by training them to refuse harmful instructions and reduce their tendency to produce harmful content.
We believe that learning from real-world use is a critical component of creating and releasing increasingly safe AI systems. We cannot predict all beneficial or abusive uses of our technology, so we proactively monitor for new abuse trends. Our policies will evolve based on what we learn over time.
Universal Policies
To maximize innovation and creativity, we believe you should have the flexibility to use our services as you see fit, so long as you comply with the law and don’t harm yourself or others. When using any Elixxer service these rules apply:
Comply with applicable laws – for example, don’t compromise the privacy of others, engage in regulated activity without complying with applicable regulations, or promote or engage in any illegal activity, including the exploitation or harm of children and the development or distribution of illegal substances, goods, or services.
Don’t use our service to harm yourself or others – for example, don’t use our services to promote suicide or self-harm, develop or use weapons, injure others or destroy property, or engage in unauthorized activities that violate the security of any service or system.
Don’t repurpose or distribute output from our services to harm others – for example, don’t share output from our services to defraud, scam, spam, mislead, bully, harass, defame, discriminate based on protected attributes, sexualize children, or promote violence, hatred or the suffering of others.
Respect our safeguards - don’t circumvent safeguards or safety mitigations in our services unless supported by Elixxer or related to research conducted in accordance with our Sharing & Publication Policy.
We report apparent child sexual abuse material (CSAM) to the National Center for Missing and Exploited Children.
January 2025
ELIXXER Legal Terms & Policies
Welcome to Elixxer, LLC ("Elixxer," "we," "us," "our"). This document outlines the terms and conditions for using our services and explains how we collect, use, and protect your information. By using our services, you, the “User” agree to the terms of this Agreement.
Table of Contents
Terms of Use
Effective January 5, 2025
Thank you for using Elixxer!
These Terms of Use apply to your use of any version of Elixxer along with any associated software applications and websites (all together, “Services”). These Terms form an agreement between you and Elixxer, LLC (“Elixxer”), a Delaware company, and they include our Service Terms and important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms.
If you reside in the European Economic Area, Switzerland, or the UK, your use of the Services is governed by these terms.
Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.
Who we are
Elixxer is an AI software as a service (SASS) company. Our mission is to help content creators achieve success through the use of vertically integrated AI tools. For more information about Elixxer, please visit https://elixxer.ai.
Registration and access
Minimum age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services.
Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
Using our Services
What you can do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our Sharing & Publication Policy, Usage Policies, and any other documentation, guidelines, or policies we make available to you.
What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:
Use our Services in a way that infringes, misappropriates or violates Elixxer’s or anyone’s rights.
Modify, copy, lease, sell, transfer or distribute any of our Services.
Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
Automatically or programmatically extract data or Output (defined below).
Represent that Output was human-generated when it was not.
Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
Use Output to develop models or services that compete with Elixxer.
Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licenses.
Third party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.
Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.
Content
Your content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.
Ownership of content. As between you and Elixxer, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Similarity of content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output.
Our use of content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.
Opt out. If you do not want us to use your Content to improve our services, you can opt out by contacting us. Please note that in some cases this may limit the ability of our Services to better address your specific use case.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.
When you use our Services you understand and agree:
We do not warrant the Output to be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
Our Services may provide incomplete, incorrect, or offensive Output that does not represent Elixxer’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Elixxer.
Our IP rights
We and our affiliates own all rights, title, and interest in and to the Services. You may only use our name and logo with our express written approval.
Paid accounts
Billing. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
Cancellation. You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory laws regarding your cancellation rights.
Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
Termination and suspension
Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:
You breached these Terms or our Usage Policies.
We must do so to comply with the law.
Your use of our Services could cause risk or harm to Elixxer, our users, or anyone else.
We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.
Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us.
Discontinuation of Services
We may decide to discontinue our Services, but if we do, we will give you advance notice and your sole remedy is a refund for any prepaid, unused Services.
Disclaimer of warranties
OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Limitation of liability
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY, IF ANY, UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE CURRENT PERIOD OR RENEWAL PERIOD IN WHICH THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
ELIXXER’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
Indemnity
If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.
Dispute resolution
YOU AND ELIXXER AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
MANDATORY ARBITRATION. You and Elixxer agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect. If you opt out of an update, the last set of agreed upon arbitration terms will apply.
Informal dispute resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.
Arbitration forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.
Arbitration procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Kentucky. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of Campbell County, Kentucky have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.
Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.
CLASS AND JURY TRIAL WAIVERS. You and Elixxer agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and Elixxer knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.
Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.
Copyright complaints
If you believe that your intellectual property rights have been infringed, please send notice. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed upon
A description of where the allegedly infringing material is located on our site so we can find it
Your address, telephone number, and e-mail address
A sworn 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
A sworn statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf
General Terms
Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.
Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:
Changes to the law or regulatory requirements.
Security or safety reasons.
Circumstances beyond our reasonable control.
Changes we make in the usual course of developing our Services.
To adapt to new technologies.
We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.
Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.
Entire agreement. These Terms contain the entire agreement between you and Elixxer regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and Elixxer.
Governing law. Kentucky law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Campbell County, Kentucky.
European Terms of Use
Effective January 5, 2025
Thank you for using Elixxer!
These Terms of Use apply if you reside in the European Economic Area (EEA), Switzerland, or UK. If you live outside of the EEA, Switzerland, or UK, these Terms of Use apply to you.
These Terms of Use (“Terms”) apply to your use of Elixxer, and Elixxer’s other services for individuals, along with any associated software applications, technology and websites (“Services”), including personal, non-commercial use of our Services by consumers. You form a contract with us when you confirm that you accept these Terms or when you otherwise use the Services.
Who we are
Elixxer is an AI software as a service (SASS) company. Our mission is to help content creators achieve success through the use of vertically integrated AI tools. For more information about Elixxer, please visit https://elixxer.ai. Our Services are provided to you by:
Elixxer, LLC, a Delaware company with its registered office.
Additional Service-specific Terms
Depending on the specific Service or features you use, additional Service-specific terms and policies may apply to your use of our Services. The key ones to be aware of, and which form part of these Terms, are described below:
Usage Policies: these policies explain how you may use our Services and Content.
Service Terms: these terms apply when you use certain Services or features;
Sharing & Publication Policy: this policy sets out rules for when you share Content;
Registration and access
Minimum age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18, you must have your parent or legal guardian’s permission to use the Services and ask them to read these Terms with you.
Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
Using our Services
What you can do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as the Service-specific terms and policies listed above.
What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you are prohibited from:
Use our Services in a way that infringes, misappropriates or violates Elixxer’s or anyone’s rights.
Modifying, copying, leasing, selling, transferring, or distributing any of our Services.
Attempting to or assisting anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
Automatically or programmatically extracting data or Output (defined below).
Representing that Output was human-generated when it was not.
Interfering with or disrupting our Services, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations we put on our Services.
Using Output to develop models and services that compete with Elixxer.
Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licences.
Third party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.
Feedback. We appreciate your feedback about our Services, but you agree that we may use it to provide, maintain, develop, and improve our Services, without compensation to you.
Content
Your content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content”. You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licences, and permissions needed to provide Input to our Services.
Ownership of content. As between you and Elixxer, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Similarity of content. Due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output.
Our use of content. We can use your Content worldwide to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies and keep our Services safe.
Opt out. If you do not want us to use your Content to enhance our services, you have the option to opt out by contacting us. Please note that in some cases this may limit the ability of our Services to better address your specific use case.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in Output that does not accurately reflect real people, places, or facts.
When you use our Services you understand and agree:
We do not warrant the Output to be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
Our Services may provide incomplete, incorrect, or offensive Output that does not represent Elixxer’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Elixxer.
Our IP rights
We and our affiliates own all rights, title, and interest in and to the Services. You may only use our name and logo with express written approval.
Paid accounts
Paid subscriptions. Some of our Services allow you to purchase paid subscriptions to benefit from enhanced features and functionalities (the “Benefits”). The exact nature of the Benefits differs between Services and will be made clear to you before purchase. You can manage your paid subscription from your account settings.
Fees: All charges, including subscription fees, will be made clear to you before purchase.
Billing. If you sign-up for a paid subscription or purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
Cooling off period. You are entitled to cancel your purchase and request a refund without stating the reason during the 14 days following the date of your purchase (the “Cooling Off Period”). The refund will cover the relevant subscription fee prorated from the date you request cancellation to the end of the relevant subscription period you have paid for. To cancel and request a refund please contact us.
Cancellation. Following the Cooling Off Period, you can cancel your paid subscription at any time by updating your account settings. You will not be charged after you cancel your paid subscription. You will continue to have access to the Benefits until the end of the subscription period you have paid for, at which point your cancellation will become effective. Unless we specify otherwise, you will not receive a refund or service credit for any days between the day you cancel and the last day of the subscription period you have paid for.
Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
Termination and suspension
Your rights. You can stop using our Services and end your relationship with Elixxer at any time by simply closing your account and stopping your use of the Services.
EEA consumer withdrawal right. If you are an EEA-based consumer, you can close your account and withdraw from these Terms within 14 days of accepting them by contacting us.
Elixxer rights. We may take action to suspend or terminate your access to our Services or close your account if we determine, acting reasonably and objectively:
You breached these Terms or our Usage Policies.
We must do so to comply with the law.
Your use of our Services could cause risk or harm to Elixxer, our users, or anyone else.
Your account has been inactive for over a year and you do not have a paid account.
Notice. If we terminate your account, we will make reasonable efforts to notify you in advance so you can export your Content or your data from the Services, unless it is not appropriate for us to do so, we reasonably believe that continued access to your account will cause damage to Elixxer or anyone else, or we are legally prohibited from doing so.
Appeals: If you believe we have suspended or terminated your account in error, you can file an appeal with us.
Our commitments to you
How we provide the Services. We commit to provide the Services to you with reasonable skill and care and to act with professional diligence. We do not promise to offer the Services forever or in their current form for any particular period of time.
Liability. We do not take responsibility for loss or damage caused by us, unless it is:
caused by our material breach of these Terms or reasonably foreseeable at the time of entering into these Terms.
We do not take responsibility for loss or damage caused by events beyond our reasonable control. We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You still have the full protections of the laws applicable to you.
Statutory rights. You have certain statutory rights that cannot be limited or excluded by a contract like these Terms or that you are legally entitled to, for example, by virtue of being a consumer. These Terms are in no way intended to affect or restrict those rights.
EEA consumer guarantee. If you are an EEA-based consumer, then EEA consumer laws provide you with a legal guarantee covering the Services. If you have any questions about your legal guarantee, please contact us.
Dispute resolution
Concerns. If we have a dispute, we would first like to understand and try to address your concerns before any formal legal action. To share your concerns you can contact us.
Court. If we cannot resolve our dispute, resolution will held in Campbell County Kentucky.
YOU AND ELIXXER AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
MANDATORY ARBITRATION. You and Elixxer agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect. If you opt out of an update, the last set of agreed upon arbitration terms will apply.
EEA consumer alternative dispute resolution. If you reside in the EEA, you can also raise the dispute with an alternative dispute resolution body via the European Commission’s Online Dispute Resolution (ODR) Platform, which you can access at https://ec.europa.eu/consumers/odr.
Copyright complaints
If you believe that your intellectual property rights have been infringed, please send notice. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the allegedly infringing material is located on our site so we can find it;
Your address, telephone number, and e-mail address;
A sworn statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
A sworn statement by you, that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
General terms
Assignment. You may not assign or transfer any rights or obligations under these Terms. We may assign or transfer our rights or obligations under these Terms to any affiliate or subsidiary or any successor in interest of any business associated with our Services. If we do, any rights you have as a consumer will not be affected. If you are not satisfied, you have the right to terminate your relationship with Elixxer and stop using our Services at any time.
Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:
Changes to the law or regulatory requirements.
Security or safety reasons.
Circumstances beyond our reasonable control.
Changes we make in the usual course of developing our Services.
To adapt to new technologies.
We will give you at least 30 days advance notice of changes that materially adversely impact you and the date that they will come into force either via email or an in-product notification. Any changes will only apply to our relationship going forward. If you do not agree to the changes, you must stop using our Services.
Delay in enforcing these Terms. If we or you delay enforcing a provision of these Terms, either of us can still enforce it later, and it will not prevent us or you from taking steps against the other at a later date. If any part of these Terms is determined to be invalid or unenforceable, it will not affect the enforceability of any other part of these Terms.
Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government licence for release or export.
Governing law. The law of the jurisdiction where you are a resident will govern these Terms.
Business use of the Services addendum
Commercial and business use. If you use our Services for commercial or business use, the following terms apply. In the event of a conflict between this Business Use of the Services Addendum and the rest of these Terms, this Addendum shall take precedence.
Limitation of liability. OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
ELIXXER’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS ADDENDUM.
Indemnity. If you are a business or organisation, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.
Governing law (business use). Kentucky law will govern these Terms except for its conflicts of laws principles. All claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Campbell County, Kentucky.
Private Policy
Effective January 5, 2025
For individuals in the European Economic Area, United Kingdom, and Switzerland, you can read this version of our Privacy Policy
We at Elixxer, LLC (together with our affiliates, “Elixxer”, “we”, “our” or “us”) respect your privacy and are strongly committed to keeping secure any information we obtain from you or about you. This Privacy Policy describes our practices with respect to Personal Data that we collect from or about you when you use our website, applications, and services (collectively, “Services”).
1. Personal Data we collect
We collect personal data relating to you (“Personal Data”) as follows:
Personal Data You Provide: We collect Personal Data if you create an account to use our Services or communicate with us as follows:
Account Information: When you create an account with us, we will collect information associated with your account, including your name, contact information, account credentials, date of birth, payment information, and transaction history, (collectively, “Account Information”).
User Content: We collect Personal Data that you provide in the input to our Services (“Content”), including your prompts and other content you upload, such as files, images, and audio, depending on the features you use.
Communication Information: If you communicate with us, such as via email or our pages on social media sites, we may collect Personal Data like your name, contact information, and the contents of the messages you send (“Communication Information”).
Other Information You Provide: We collect other information that you may provide to us, such as when you participate in our events or surveys or provide us with information to establish your identity or age (collectively, “Other Information You Provide”).
Personal Data We Receive from Your Use of the Services: When you visit, use, or interact with the Services, we receive the following information about your visit, use, or interactions (“Technical Information”):
Log Data: We collect information that your browser or device automatically sends when you use our Services. Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interact with our Services.
Usage Data: We collect information about your use of the Services, such as the types of content that you view or engage with, the features you use and the actions you take, as well as your time zone, country, the dates and times of access, user agent and version, type of computer or mobile device, and your computer connection.
Device Information: We collect information about the device you use to access the Services, such as the name of the device, operating system, device identifiers, and browser you are using. Information collected may depend on the type of device you use and its settings.
Location Information: We may determine the general area from which your device accesses our Services based on information like its IP address for security reasons and to make your product experience better, for example to protect your account by detecting unusual login activity or to provide more accurate responses. In addition, some of our Services allow you to choose to provide more precise location information from your device, such as location information from your device’s GPS.
Cookies and Similar Technologies: We use cookies and similar technologies to operate and administer our Services, and improve your experience. If you use our Services without creating an account, we may store some of the information described in this policy with cookies, for example to help maintain your preferences across browsing sessions. For details about our use of cookies, please contact us.
Information We Receive from Other Sources: We receive information from our trusted partners, such as security partners, to protect against fraud, abuse, and other security threats to our Services, and from marketing vendors who provide us with information about potential customers of our business services.
We also collect information from other sources, like information that is publicly available on the internet, to develop tools that power our Services.
2. How we use Personal Data
We may use Personal Data for the following purposes:
To provide analyze, and maintain our Services, for example to respond to your questions for Elixxer;
To improve and develop our Services and conduct research, for example to develop new product features;
To communicate with you, including to send you information about our Services and events, for example about changes or improvements to the Services;
To prevent fraud, illegal activity, or misuses of our Services, and to protect the security of our systems and Services;
To comply with legal obligations and to protect the rights, privacy, safety, or property of our users, Elixxer, or third parties.
We may also aggregate or de-identify Personal Data so that it no longer identifies you and use this information for the purposes described above, such as to analyze the way our Services are being used, to improve and add features to them, and to conduct research. We will maintain and use de-identified information in de-identified form and not attempt to re-identify the information, unless required by law.
As noted above, we may use Content you provide us to improve our Services.
3. Disclosure of Personal Data
We may disclose your Personal Data in the following circumstances:
Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may disclose Personal Data to vendors and service providers, including providers of hosting services, customer service vendors, cloud services, content delivery services, support and safety monitoring services, email communication software, web analytics services, payment and transaction processors, and other information technology providers. Pursuant to our instructions, these parties will access, process, or store Personal Data only in the course of performing their duties to us.
Business Transfers: If we are involved in strategic transactions, reorganization, bankruptcy, receivership, or transition of service to another provider (collectively, a “Transaction”), your Personal Data may be disclosed in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.
Government Authorities or Other Third Parties: We may share your Personal Data, including information about your interaction with our Services, with government authorities, industry peers, or other third parties in compliance with the law (i) if required to do so to comply with a legal obligation, or in the good faith belief that such action is necessary to comply with a legal obligation, (ii) to protect and defend our rights or property, (iii) if we determine, in our sole discretion, that there is a violation of our terms, policies, or the law; (iv) to detect or prevent fraud or other illegal activity; (v) to protect the safety, security, and integrity of our products, employees, users, or the public, or (vi) to protect against legal liability.
Affiliates: We may disclose Personal Data to our affiliates, meaning an entity that controls, is controlled by, or is under common control with Elixxer. Our affiliates may use this Personal Data in a manner consistent with this Privacy Policy.
Other Users and Third Parties You Interact or Share Information With: Certain features allow you to interact or share information with other users or third parties. For example, you may be able to share Elixxer conversations, profiles, and agents with other users via shared links and connections within the Services. You can also send information to third-party applications, such as via custom actions and automations through third parties, or for searching the web to help answer questions that benefit from more recent information. Information you share with third parties is governed by their own terms and privacy policies, and you should make sure you understand those terms and policies before sharing information with them.
4. Retention
We’ll retain your Personal Data for only as long as we need in order to provide our Services to you, or for other legitimate business purposes such as resolving disputes, safety and security reasons, or complying with our legal obligations. How long we retain Personal Data will depend on a number of factors, such as:
Our purpose for processing the data (such as whether we need to retain the data to provide our Services);
The amount, nature, and sensitivity of the information;
The potential risk of harm from unauthorized use or disclosure;
Any legal requirements that we are subject to.
In some cases, the length of time we retain data depends on your settings.
5. Your rights
Depending on where you live, you may have certain statutory rights in relation to your Personal Data. For example, you may have the right to:
Access your Personal Data and information relating to how it is processed.
Delete your Personal Data from our records.
Update or correct your Personal Data.
Transfer your Personal Data to a third party (right to data portability).
Restrict how we process your Personal Data.
Withdraw your consent—where we rely on consent as the legal basis for processing at any time.
Object to how we process your Personal Data.
Lodge a complaint with your local data protection authority.
A note about accuracy: Services like Elixxer generate responses by reading a user’s request and, in response, predicting the words most likely to appear next. In some cases, the words most likely to appear next may not be the most factually accurate. For this reason, you should not rely on the factual accuracy of output.
Elixxer processes your Personal Data for the purposes described in this Privacy Policy on servers located in various jurisdictions, including processing and storing your Personal Data in our facilities and servers in the United States. While data protection law varies by country, we apply the protections described in this policy to your Personal Data regardless of where it is processed, and only transfer that data pursuant to legally valid transfer mechanisms.
6. Children
Our Services are not directed to, or intended for, children under 13. We do not knowingly collect Personal Data from children under 13. If you have reason to believe that a child under 13 has provided Personal Data to Elixxer through the Services, please email us at hello@elixxer.ai. We will investigate any notification and, if appropriate, delete the Personal Data from our systems. Users under 18 must have permission from their parent or guardian to use our Services.
7. Security
We implement commercially reasonable technical, administrative, and organizational measures designed to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you provide to the Services. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third-party websites.
8. Additional U.S. state disclosures
Some U.S. state privacy laws require specific disclosures. The following table provides additional information about the categories of Personal Data we collect and how we use and disclose that information. You can read more about the Personal Data we collect and where we collect it from in “Personal Data we collect” above, how we use Personal Data in “How we use Personal Data” above, and how we retain Personal Data in “Security and Retention” below.
Category of Personal Data
Use of Personal Data
Disclosure of Personal Data
We collect the following information, as described above:
Identifiers, such as your name, contact details, IP address, and other device identifiers
Commercial information, such as your transaction history
Network activity information, such as Content and how you interact with our Services
Communication information, such as your contact information when you send us email
Geolocation data, such as the general area from which your device accesses our Services based on information like its IP address, or precise location information you choose to provide
Your account credentials and payment information
We use this information for the following purposes, as described above:
Provide, analyze, and maintain our Services
Improve and develop our Services and conduct research
Communicate with you, including to send you information about our Services and events
Prevent fraud, illegal activity, or misuses of our Services, and to protect the security of our systems and Services
Comply with legal obligations and protect the rights, privacy, safety, or property of our users, Elixxer, or third parties
We may disclose this information in the following circumstances, as described above:
Vendors, service providers, and affiliates to process in accordance with our instructions
Government authorities or other third parties for the legal reasons described above
Parties involved in Transactions
Business account administrators for the reasons described above
Other users and third parties you interact or share information with
Depending on where you live and subject to applicable exceptions, you may have the following privacy rights in relation to your Personal Data:
The right to know information about our processing of your Personal Data, including the right to access your Personal Data, often in a portable format;
The right to request deletion of your Personal Data;
The right to correct your Personal Data; and
The right to be free from discrimination relating to the exercise of any of your privacy rights.
We do not “sell” Personal Data or “share” Personal Data for cross-contextual behavioral advertising, and we do not process Personal Data for “targeted advertising” purposes (as those terms are defined under state privacy laws). We also do not process sensitive Personal Data for the purposes of inferring characteristics about a consumer.
Exercising Your Rights. You can exercise privacy rights described in this section by submitting a request through hello@elixxer.ai.
Verification. In order to protect your Personal Data from unauthorized access, change, or deletion, we may require you to verify your credentials before you can submit a request to know, correct, or delete Personal Data. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Data for verification. If we cannot verify your identity, we will not be able to honor your request.
Authorized Agents. You may also submit a rights request through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity with us.
Appeals. Depending on where you live, you may have the right to appeal a decision we make relating to requests to exercise your rights.
9. Changes to the privacy policy
We may update this Privacy Policy from time to time. When we do, we will publish an updated version and effective date on this page, unless another type of notice is required by applicable law.
10. How to contact us
Please contact support at hello@elixxer.ai if you have any questions or concerns not already addressed in this Privacy Policy.
Sharing & publication policy
Effective January 5, 2025
Social media, livestreaming, and demonstrations
To mitigate the possible risks of AI-generated content, we have set the following policy on permitted sharing.
Posting your own prompts or completions to social media is generally permissible, as is livestreaming your usage or demonstrating our products to groups of people. Please adhere to the following:
Manually review each generation before sharing or while streaming.
Attribute the content to your name or your company.
Indicate that the content is AI-generated in a way no user could reasonably miss or misunderstand.
Do not share content that violates our Content Policy or that may offend others.
If taking audience requests for prompts, use good judgment; do not input prompts that might result in violations of our Content Policy.
If you would like to ensure the Elixxer team is aware of a particular completion, you may email us.
Recall that you are interacting with the raw model, which means we do not filter out biased or negative responses.
Content co-authored using our Services
Creators who wish to publish their first-party written content (e.g., a book, compendium of short stories) created in part with the Elixxer are permitted to do so under the following conditions:
The published content is attributed to your name or company.
The role of AI in formulating the content is clearly disclosed in a way that no reader could possibly miss, and that a typical reader would find sufficiently easy to understand.
Topics of the content do not violate our Policies or Terms of Use, e.g., are not related to adult content, spam, hateful content, content that incites violence, or other uses that may cause social harm.
We kindly ask that you refrain from sharing outputs that may offend others.
For instance, one must detail in a Foreword or Introduction (or some place similar) the relative roles of drafting, editing, etc. People should not represent API-generated content as being wholly generated by a human or wholly generated by an AI, and it is a human who must take ultimate responsibility for the content being published.
Here is some stock language you may use to describe your creative process, provided it is accurate:
The author generated this text in part with AI tools such as large-scale language-generation models. Upon generating draft language, the author reviewed, edited, and revised the language to their own liking and takes ultimate responsibility for the content of this publication.
In some cases, we may want to highlight your work internally and/or externally.
In others, such as publications that pertain to security or misuse of Elixxer, we may want to take appropriate actions to protect our users.
Usage Policies
Effective January 5, 2025
We’ve updated our usage policies to be more readable and added service-specific guidance. Customers may sign up to receive notifications of new updates to our usage policies by filling out this form(opens in a new window).
We aim for our tools to be used safely and responsibly, while maximizing your control over how you use them. By using our services, you agree to adhere to our policies.
We have established universal policies applicable to all our services. Violating our policies could result in action against your account, up to suspension or termination. We also work to make our models safer and more useful, by training them to refuse harmful instructions and reduce their tendency to produce harmful content.
We believe that learning from real-world use is a critical component of creating and releasing increasingly safe AI systems. We cannot predict all beneficial or abusive uses of our technology, so we proactively monitor for new abuse trends. Our policies will evolve based on what we learn over time.
Universal Policies
To maximize innovation and creativity, we believe you should have the flexibility to use our services as you see fit, so long as you comply with the law and don’t harm yourself or others. When using any Elixxer service these rules apply:
Comply with applicable laws – for example, don’t compromise the privacy of others, engage in regulated activity without complying with applicable regulations, or promote or engage in any illegal activity, including the exploitation or harm of children and the development or distribution of illegal substances, goods, or services.
Don’t use our service to harm yourself or others – for example, don’t use our services to promote suicide or self-harm, develop or use weapons, injure others or destroy property, or engage in unauthorized activities that violate the security of any service or system.
Don’t repurpose or distribute output from our services to harm others – for example, don’t share output from our services to defraud, scam, spam, mislead, bully, harass, defame, discriminate based on protected attributes, sexualize children, or promote violence, hatred or the suffering of others.
Respect our safeguards - don’t circumvent safeguards or safety mitigations in our services unless supported by Elixxer or related to research conducted in accordance with our Sharing & Publication Policy.
We report apparent child sexual abuse material (CSAM) to the National Center for Missing and Exploited Children.