Terms and Conditions for Alhambra AI

Effective Date:

1.0 Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you" or "User"), and Alhambra AI ("Alhambra AI," "we," "us," or "our"), concerning your access to and use of the website www.alhambraai.io and its associated services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference into these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Service and must discontinue use immediately.  

2.0 Definitions

• "Account" means the account you create to access and use the Service.

• "Alhambra AI IP" means the Service, our proprietary AI models, software, algorithms, websites, documentation, branding, trademarks, and all other intellectual property owned by or licensed to Alhambra AI.

• "Generated Content" means the output, including text and other data, generated and returned by the Service based on your User Content.

• "Service" refers to the website www.alhambraai.io, all associated applications, software, AI models, and services provided by Alhambra AI.

• "Subscriber" means a User who has subscribed to a paid plan for the Service.

• "User Content" means any and all data, including text, prompts, documents, or other information, that you submit, upload, or otherwise provide to the Service.  

3.0 User Accounts and Responsibilities

3.1 Registration

To access certain features of the Service, you must register for an Account. You agree to provide true, accurate, current, and complete information during the registration process and to update such information to keep it true, accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your Account password and for any and all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account. We are not liable for any loss or damage arising from your failure to comply with this security obligation.  

3.3 Age Requirement

The Service is not intended for use by individuals under the age of 13 (or a higher age of digital consent in your jurisdiction). By using the Service, you represent and warrant that you meet this age requirement.  

4.0 License and Use Rights

4.1 Grant of License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your personal or internal business purposes.  

4.2 License Tiers

Alhambra AI may offer various subscription plans or license tiers (e.g., Free, Professional, Enterprise). The specific rights, features, usage limits, and restrictions applicable to your use of the Service will be determined by the tier you select. This tiered structure allows for a scalable legal framework that can accommodate different customer needs, from individual users to large organizations, ensuring that the terms of use align with the scope and value of the service provided.  

4.3 Acceptable Use Policy / Prohibited Activities

You agree not to use the Service for any purpose that is prohibited by these Terms or by law. You shall not (and shall not permit any third party to):

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service or any Alhambra AI IP.  

• Use any automated means, such as robots, spiders, or scrapers, to access, monitor, or copy any part of the Service, except as expressly permitted by us in writing.

• Use the Service to develop a competing product or service.

• Use the Service for any illegal, fraudulent, harmful, or abusive purpose, or in a way that infringes upon the rights of others.

• Generate or disseminate content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable. This includes hate speech, content that promotes violence, or content that exploits or harms children.

• Interfere with or disrupt the integrity or performance of the Service or impose an unreasonable or disproportionately large load on our infrastructure.  

• Resell, sublicense, or otherwise make the Service available to any third party without our express written consent.

• Remove or obscure any proprietary notices or labels on the Service.

Violation of this section may result in the immediate suspension or termination of your Account.  

5.0 Intellectual Property Rights

The treatment of intellectual property is a foundational element of a generative AI service. A clear and favorable IP policy is not merely a legal formality but a critical product feature that determines the service's viability for commercial and professional use. To attract and retain users who intend to leverage AI-generated content for business purposes—such as marketing copy, code, or creative works—it is essential to provide them with unambiguous ownership of the output. A restrictive policy would create legal uncertainty, rendering the tool unsuitable for anything beyond personal experimentation. Therefore, the following framework is designed to grant users maximum ownership rights over the content they create, transforming a potential legal hurdle into a competitive advantage.

5.1 Alhambra AI's Intellectual Property

We and our licensors own all right, title, and interest in and to the Alhambra AI IP. These Terms do not grant you any rights to our trademarks, logos, or other brand features. Except for the limited license granted in Section 4.1, we reserve all other rights in the Alhambra AI IP.  

5.2 Your User Content

You retain all ownership rights, title, and interest in and to your User Content. We do not claim any ownership over the materials you provide to the Service.

5.3 Ownership of Generated Content

Subject to your compliance with these Terms, Alhambra AI hereby assigns to you all its right, title, and interest in and to the Generated Content. This means you own the output created by the Service from your User Content and are free to use it for any purpose, including commercial purposes such as selling or publishing the content, provided it complies with our Acceptable Use Policy and applicable law.

5.4 License to Us

To enable us to operate and provide the Service, you grant Alhambra AI a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, store, reproduce, modify, and create derivative works from your User Content and Generated Content. This license is for the limited purpose of operating, providing, securing, and improving the Service. This license terminates when you delete your content or your Account, except to the extent your content has been used to train our AI models (if you have not opted out) or is retained in our backup systems for a limited period.

5.5 Feedback

If you provide us with any feedback, ideas, or suggestions regarding the Service ("Feedback"), you grant us an unlimited, irrevocable, perpetual, royalty-free license to use and exploit such Feedback for any purpose without any obligation or compensation to you.

6.0 Fees, Payment, and Subscriptions

6.1 Subscription Plans

The Service may be provided on a subscription basis with one or more plans. We will provide details about the features, fees, and billing cycles for each plan on our website.

6.2 Billing and Payment

By selecting a paid plan, you authorize us to charge your designated payment method for the applicable subscription fees. All fees are quoted in U.S. Dollars unless otherwise specified. Fees are non-refundable, except as required by law or as expressly stated in our refund policy.  

6.3 Automatic Renewal

Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for a successive period of the same duration. You authorize us to charge the applicable subscription fees for the renewal term to your payment method on file. We will notify you in advance of any changes to the subscription fees for any renewal period.  

6.4 Taxes

You are responsible for paying all applicable taxes, levies, or duties associated with your subscription to the Service, excluding only taxes based on our net income.

7.0 Confidentiality

Each party ("Receiving Party") agrees to keep confidential all non-public information of the other party ("Disclosing Party") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). The Receiving Party will not use the Disclosing Party's Confidential Information except for the purpose of exercising its rights or performing its obligations under these Terms. This obligation of confidentiality will not apply to information that is or becomes publicly known through no fault of the Receiving Party, is rightfully received from a third party without a duty of confidentiality, or is required to be disclosed by law.

8.0 Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by Alhambra AI. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.  

9.0 Termination and Suspension

9.1 Termination by User

You may terminate your Account and these Terms at any time by following the instructions within the Service.

9.2 Termination by Alhambra AI

We reserve the right, in our sole discretion, to suspend or terminate your Account and access to the Service, with or without notice, for any reason, including, without limitation, for a breach of these Terms. This right is a critical mechanism to protect the integrity of the Service and our user community from abuse.  

9.3 Effect of Termination

Upon termination of these Terms, your right to use the Service will immediately cease. Sections 5 (Intellectual Property Rights), 7 (Confidentiality), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 13 (Governing Law and Dispute Resolution), and 14 (Miscellaneous Provisions) shall survive any termination or expiration of these Terms.

10.0 Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, Alhambra AI, its affiliates, and its licensors expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  

We make no warranty that the Service will be uninterrupted, timely, secure, or error-free. Specifically, we make no warranty or representation regarding the accuracy, completeness, reliability, or quality of any Generated Content. The outputs of the AI models may be factually incorrect, incomplete, or offensive. You are solely responsible for evaluating the accuracy and appropriateness of any Generated Content and for any reliance you place on it.

11.0 Limitation of Liability

This clause serves as a financial safeguard, capping potential damages to a predictable and reasonable amount. This is essential for a technology startup to manage risk and prevent a single user claim from posing an existential threat to the business.

To the maximum extent permitted by applicable law, in no event shall Alhambra AI, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; or (iv) unauthorized access, use, or alteration of your transmissions or content.  

In no event shall the aggregate liability of Alhambra AI for all claims relating to the Service exceed the greater of one hundred U.S. dollars ($100) or the total amount paid by you to Alhambra AI for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.  

12.0 Indemnification

You agree to defend, indemnify, and hold harmless Alhambra AI and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.  

13.0 Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.  

13.2 Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, will be resolved by binding arbitration, rather than in court. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in. You and Alhambra AI each waive the right to a trial by jury or to participate in a class action.  

14.0 Miscellaneous Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and Alhambra AI regarding the Service.

• Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

• Waiver: The failure of Alhambra AI to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

• Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction.

• Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

• Notices: Any notices or other communications provided by us under these Terms will be given by posting to the Service or by email to the address associated with your Account.