Effective Date: December 9, 2023

Bit's AI Genius Writer are services that include features, applications, bots, and other functionalities based on artificial intelligence and machine learning data models (“Bit AI Genius”). Currently Bit AI Genius is offered to you by Bit.ai as a paid service. These Bit AI Genius Terms and Conditions (“Bit AI Genius Terms”) bound by the Terms for the Services provided by Bit.ai, Bit Tech Labs Inc. (“Bit,” "us," or “we”). Terms of Service, incorporated herein by reference, cover installing, enabling or using Bit AI Genius in your account, and/or any access or use of Bit AI Genius. Additional AI functionalities may be offered to you by Third Parties as Third Party Services, as further described herein. Please read carefully these Bit AI Genius Terms, and don’t accept the Bit AI Genius Terms, install or use Bit AI Genius if you don’t agree to be bound by these Bit AI Genius Terms. 

• Governing Terms. You agree and acknowledge that (i) you are not relying on any representation or statement other than as expressly set forth in these Bit AI Genius Terms; (ii) you accept and acknowledge that you read, understand, and agree to these Bit AI Genius Terms; and (iii) you have full legal authority to accept these Bit AI Genius Terms either on behalf of your organization, or on your behalf, as applicable;  and (iv) In case of any contradiction between these Bit AI Genius Terms and the Bit.ai Terms of Service, the Bit AI Genius Terms shall prevail. In a case where an agreement other than the Bit.ai Terms of Service had been executed between you and Bit.ai for the provision Bit.ai Services, such agreement shall not be in effect with regards to Bit AI Genius.
• Nature of Bit AI Genius. You may provide or make available input to Bit AI Genius, which may include text, prompt or any other content (“Input”) and receive responses generated by Bit AI Genius which may include content, suggestions, formula or any other output (“Output”). You acknowledge that due to the nature of machine learning, other Customers and/or Users may use Bit AI Genius in a manner which may generate identical or similar Output. We make no representations or warranties with regards to Output, including of ownership thereof. 
• Usage of Bit AI Genius. Any use you make of Bit AI Genius, including by providing or making available Input or using Output must not violate any applicable law or Bit.ai Terms of Service, or infringe any third party rights, including but not limited to, intellectual property rights or privacy rights You are solely responsible for your use of Bit AI Genius and content generated through Bit AI Genius.
• Improving and Developing Bit AI Genius. Notwithstanding anything to the contrary in any applicable agreement between you and Bit.ai, we may collect and use data of your interaction with, or use of Bit AI Genius, including Input and/or Output in order to: (i) improve and develop Bit AI Genius; and (ii) provide you with Bit AI Genius functionalities. Bit.ai does not use your Input and/or Output to train machine learning data models and does not allow others to do so.  
• Monitoring. Bit.ai and/or its generative AI related Sub-Processors, may monitor your Inputs and/or Outputs in order to monitor and/or prevent and/or debug abusive, unlawful, harmful or unauthorized uses.
• Third Party Services. Bit.ai, may enable you to install and use Third Party Services which provide AI functionalities. In accordance with our Terms of Service, your use of such Third Party Services will be subject to such Third Party Service terms.
• Acceptable Use Policy. You acknowledge and agree that your use of the Bit AI Genius is in accordance with our Privacy Policy.
• Disclaimer of Warranties. BIT.AI DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING BIT AI GENIUS, ITS FEATURES, FUNCTIONALITIES, OUTPUTS AND/OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BIT AI GENIUS AND/OR THE OUTPUT. USE OF BIT AI GENIUS AND/OR OUTPUT IS MADE AT YOUR OWN RISK. BIT AI GENIUS IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND ״AS AVAILABLE״, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED AND BIT.AI EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, COMPLETENESS, NON-INFRINGEMENT, RELIABILITY, AVAILABILITY AND PERFORMANCE. BIT.AI DOES NOT WARRANT OR REPRESENT THAT BIT AI GENIUS AND/OR OUTPUT WILL BE UNINTERRUPTED, ERROR OR BUG FREE, NON-OFFENSIVE, NON-INFRINGING, NON-HARMFUL ACCURATE, LAWFUL OR APPROPRIATE. 
• LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THESE BIT AI GENIUS TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL BIT.AI, ITS AFFILIATES AND THIRD-PARTY PROVIDERS BE LIABLE FOR: (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, COSTS, BUSINESS, OR ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, INTELLECTUAL PROPERTY, REPUTATION, REVENUE OR GOODWILL; (IV) THE FAILURE OF SECURITY MEASURES AND PROTECTIONS; AND/OR (V) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON LIABILITY SET FORTH IN THESE BIT.AI TERMS ‎SHALL APPLY: (I) EVEN IF BIT.AI, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (II) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT). IN ANY EVENT, BIT.AI’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES UNDER THESE BIT AI GENIUS TERMS WILL NOT EXCEED FIFTY DOLLARS.
• Term and Termination. You may access and use Bit AI Genius subject to your compliance with these Bit AI Genius Terms. Bit.ai may modify these Bit AI Genius Terms, terminate Bit AI Genius, or any part thereof, at its sole discretion and without liability to you. 
• Pricing. Bit AI Genius is included in all paid plans with a limit of 10,000 words per month per organization. A tier based add on is also provided to increase the word limit for your organization.

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