End-User License Agreement

Please read carefully before accessing or using Glows.ai ("Glows.ai") service ("Service"):

This end-user license agreement ("EULA") is a legal agreement between (a) you (either an individual or a single entity) and (b) Glows.ai. that governs your use of any product, installed on or made available by glows for use as a standalone product or with your Glows.ai product ("Product") that is not otherwise subject to a separate license agreement between you and Glows.ai or its suppliers. The product includes application software, firmware, operating systems, drivers, and any other types of software and may include associated media, printed materials, and online or electronic documentation.

An amendment or addendum to this EULA may accompany the Glows.ai product or the Product. In the event of a conflict between any such amendment or addendum and this EULA, the terms of the amendment or addendum shall control.

Rights in the Product are offered only on the condition that you agree to all terms and conditions of this EULA. By creating an account, accessing, installing, copying, downloading, using the Service or otherwise using the Product, you agree to be bound by the terms of this EULA. If you do not accept these license terms, your sole remedy is to return the entire unused product (hardware and software), to cancel your subscription or cease using the Service within 14 days for a refund subject to the refund policy of your place of purchase.

This EULA is a global agreement and is not specific to any particular country, state or territory. If you acquired the Glows.ai product or the Product as a consumer within the meaning of relevant consumer legislation in your country, state or territory, then despite anything to the contrary in this EULA, nothing in this EULA affects any non-excludable statutory rights or remedies that you may have under such consumer legislation; this EULA is subject to those rights and remedies.

1. Grant of License

Glows.ai grants you the following rights provided you comply with all terms and conditions of this EULA:

1.1. Use

If the Service is provided through our website or other platform, and your subscription or license is designated for a specific number of user accounts or instances, you may access and use the Service only through those authorized accounts or instances.

You may not:

(a). Separate or redistribute any component of the Service or its output for use beyond the authorized accounts or instances;
(b). Repackage or sublicense the Service or any portion thereof to third parties without our prior written consent;
(c). Circumvent technical limits (including but not limited to API call limits or concurrent-user restrictions) specified in your plan;
(d). Introduce, upload, or transmit any malicious code, virus, worm, Trojan horse, or other harmful software through or to the Service, or attempt to gain unauthorized access to, disrupt, degrade, or otherwise interfere with the Service or any related systems or networks, including by launching or facilitating any denial-of-service (DoS), distributed denial-of-service (DDoS), or similar attack.

Except as expressly permitted in your subscription or license agreement, you have no right to copy, modify, distribute, or create derivative works of the Service.

1.2 Storage

You may not copy or install the underlying software to any local device except for temporary caching necessary for ordinary browser or application use.

1.3 Copying

You may export or back up your own output or content generated through the Service, but you may not copy or reproduce the underlying software or models.

1.4 Reservation of Rights

To the maximum extent permitted by applicable law, Glows.ai and its suppliers reserve all rights not expressly granted to you in this EULA.

1.5 Freeware

Notwithstanding the terms and conditions of this EULA, all or any portion of the Product which constitutes non-proprietary Glows.ai software or software provided under public license by third parties ("Freeware"), is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Freeware by you shall be governed entirely by the terms and conditions of such license.

2. Upgrades

If you wish to access a service plan or version identified as an upgrade (the "Upgraded Plan"), you must first hold a valid subscription or account for the original plan that Glows.ai designates as eligible for the upgrade. Upon the effective date of the upgrade:

(a) Replacement of Original Plan: The Upgraded Plan supersedes and replaces the original plan, and you may not continue to use the original plan as a separate or concurrent service.
(b) Transfer of Remaining Benefits: Any unused service credits, hours, or other entitlements under the original plan may not be transferred, split, or carried forward unless Glows.ai provides written consent.
(c) Compliance with New Terms: Your use of the Upgraded Plan is subject to the then-current terms of service, pricing, and policies applicable to that plan.

3. Transfer Restrictions

You may not rent, lease, or lend the Product or use the Product for commercial timesharing or bureau use. You may not sublicense, assign, or transfer the license or product except as expressly provided in this EULA.

4. Proprietary Rights

All intellectual property rights in the product and user documentation are owned by Glows.ai or its suppliers and are protected by applicable law, including but not limited to copyright, trade secret, and trademark laws of US, the EU, and other relevant jurisdictions, as well as international treaty provisions. You shall not remove any Product identification, copyright notices, or proprietary restrictions from the Product.

5. Limitation on Reverse Engineering

You may not reverse engineer, decompile, or disassemble the product, except and only to the extent that the right to do so is mandated under applicable law notwithstanding this limitation or it is expressly provided for in this EULA.

6. Term

This EULA is effective unless terminated or rejected. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if you fail to comply with any term or condition of this EULA.

7. Notice of Data Collection

7.1 Data Collection

Glows.ai and its affiliates may collect, combine, and use device and individual user information you provide (including input and output data) in relation to providing, maintaining, and improving the Service and support services related to the Product. Glows.ai will not use this information to market to you without your consent. Learn more about Glows data collection practices at our Cookie Policy.

7.2 Payment Processing

Payments for products are facilitated through third-party payment processors (e.g. Stripe, PayPal, NewebPay). Glows.ai does not store or directly process your financial information, such information is handled exclusively by the third-party service providers.

By using the products, you agree to the third-party payment processor's terms and conditions. Glows is not responsible for any issues arising from the payment process.

7.3 Your Content

You are responsible for any and all software, data, text, audio, video, or images you process, host, and/or store on Glows.ai Products ("Your Content"). You will ensure that Your Content and your end users' use of Your Content will not violate any of Glow.ai's policies or any applicable law.

7.4 Data Privacy

Glows.ai will not access or use Your Content except as necessary to maintain or provide its products, or as necessary to comply with the law or a binding order of a governmental body (specific processing details are set forth in the Data Processing Addendum). We will not (a) disclose Your Content to any government or third party or (b) move Your Content from the country where it is stored; except in each case as necessary to comply with the law or a binding order of a governmental body. Unless it would violate the law or a binding order of a governmental body, we will give you notice of any legal requirement or order referred to in this Section 7.4. The Privacy Policy does not apply to Your Content.

8. Disclaimer of Warranties

To the maximum extent permitted by applicable law, Glows.ai and its suppliers provide the product "as is" and with all faults, and hereby disclaim all other warranties, duties and conditions, either express, implied, or statutory, including, but not limited to, warranties: (a) of fitness for a particular purpose; (b) of merchantability; (c) of title, (d) of noninfringement, (e) that the product will function with non-glows supplies or accessories; and (f) of lack of viruses all with regard to the Product. Any refund application not caused by fault of Glows.ai shall not be accepted. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety.

9. Credits Purchase

(a) Subject to your prior express consent, upon purchasing credits, the credits are deemed consumed and are non-refundable. Credits may be used on the platform to purchase corresponding services, including but not limited to GPU instance type, datadrive, space management, and mesh clustering. Glows.ai reserves the right to interpret and manage the usage of credits.

(b) All services require credits. All services provided by Glows.ai must be accessed through the use of credits, and no refunds will be issued for credits consumed or unused.

(c) Credits expiration: Purchased credits must be used within one year from the date of purchase. Any unused credits after this period will expire and cannot be refunded or extended.

10. Refund Policy

(a) No refunds: Subject to your prior express consent, all cloud computing services purchased from Glows.ai are final sales. Once payment is made, no refunds will be provided. Due to the on-demand nature of the service, system resources are allocated immediately upon purchase and cannot be reclaimed. Therefore, unless explicitly required by law or in cases where Glows.ai is unable to provide the service, Glows.ai does not offer any form of refunds or fee reversals.

(b) SLA compensation: If Glows.ai fails to meet the availability standards outlined in the service level agreement ("SLA"), customers are entitled to request an extension of service time or additional resources as compensation, instead of a refund. The exact compensation will be subject to Glows.ai's compensation policy.

(c) Customer responsibility: Customers are responsible for managing their use of cloud resources. Glows.ai is not liable for any losses caused by customer error or mismanagement, and no refunds will be issued for such cases.

(d) Statutory refund rights: Nothing in this refund policy limits or excludes any mandatory statutory rights you may have as a consumer under applicable law, including the EU Consumer Rights Directive and California consumer protection laws.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Glows.ai or its suppliers be liable for (a) any loss of profits, business, revenue, anticipated savings, goodwill, data, or contracts, (b) any type of special, incidental, indirect, or consequential damages whatsoever, (c) business interruption, (d) personal injury, or (e) loss of privacy, arising out of or in any way related to the use of or inability to use the Product, or otherwise in connection with any provision of this EULA, even if Glows.ai or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental, consequential, product liability, or certain direct damages, so the above limitation or exclusion may not apply to you.

12. Capacity and Authority to Contract

You represent that you are of the legal age of majority in your state or country of residence. If you are under the age of majority in your jurisdiction, you may use the Product only with verified parental consent, who must review and agree to this EULA on your behalf.

13. Entire Agreement

This EULA (including any addendum or amendment to this EULA which is included with the Glows.ai product) is the entire agreement between you and Glows.ai relating to the product, and this EULA supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Glows policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. Should any term, condition or provision of this EULA be held invalid or unenforceable as to any party or circumstance, such ruling shall not affect the validity and enforceability of the remaining terms, conditions, and provisions of this EULA.

14. Consumer Rights

Consumers in some countries, states, or territories may have the benefit of certain statutory rights, remedies, localizations, and limitations under consumer legislation in respect of which Glows.ai's liability cannot lawfully be excluded or limited. Notwithstanding anything to the contrary in this EULA, if you acquired the Glows.ai product or licensed the Product as a consumer within the meaning of relevant consumer legislation in your country, state, or territory, the provisions of this EULA (including the disclaimers of warranties, limitations and exclusion of liability) must be read subject to applicable law and apply only to the maximum extent permitted by such applicable law.

15. Governing Law

This EULA shall be governed by and construed in accordance with the laws of Taiwan, without regard to its conflict of law principles.

16. Changes to This EULA

Glows.ai may update this EULA at any time to reflect improvements or changes in our services. We will notify you of any significant updates, and the revised terms will take effect after a reasonable notice period. Your continued use of the product after such notice means your acceptance of the updated terms.

17. Contact Information

For any questions about this EULA, please contact Glows.ai at hi@glows.ai.