Terms and Conditions

1. Introduction and Acceptance

These terms of use (hereinafter referred to as the "Terms") set forth the legally binding terms and conditions which govern the access to and use of any websites, windows applications, mobile applications, products or services under the umbrella of "Shorz", a video creation platform available at https://shorz.ai, and on Google Play Store and App Store as Shorz Studio, Shorz AI, (collectively referred to as the "Services") offered by Talentscreener OÜ (Registered in Estonia Tartu maakond, Tartu linn, Tartu linn, Kooli tn 24 with number 16894956) (hereinafter collectively referred to as "Shorz"/"us"/"our"/"we"). The terms "Customer", "you", "your" shall refer to any natural person or entity and its authorized users that subscribes to or uses the Services. Certain features of the Services may be subject to additional guidelines, terms, or rules which are incorporated by reference into these Terms. By accessing or using the Services, you are accepting these Terms (on behalf of yourself or the entity/individual that you may represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity/individual that you may represent). You may not access or use the Services or accept the Terms if you are not at least 13 (thirteen) years old. If you are under 18 (eighteen), you must have your parent or legal guardian's permission to use the Services. If Shorz becomes aware that a Customer under 13 (thirteen) years of age has created an account, or that a user or visitor under 13 years of age has used the Services, including sharing their personally identifiable information or other content, Shorz shall be entitled to terminate such account and/or remove any information or other content shared by such user. Furthermore, it is agreed that any past or present claims relating to these Terms or the use of the Services shall be resolved through an informal dispute resolution process or through final and binding arbitration, as more particularly mentioned hereinbelow under clause 15 of these Terms. If you do not agree with all of the provisions of these Terms, do not access and/or use the Services.

2. Customer Content, Output and AI Based Output

“Customer Content” shall mean any and all information and content (including but not limited to text, images, photos, videos, audio, reviews, comments and documents) that a Customer provides or makes available to Shorz in connection with the use of the Services. “Output” shall refer to the content created, generated and returned by the Services based on the Customer Content. Customers may access and use certain types of content that we make generally available through the Services, such as our Avatars, images, audio clips, and video templates. Using content together with the features and functionalities of the Services, including the artificial intelligence components, Customers can build scenes and direct Avatars to read scripts and act them out in realistic manners (“Avatar Output”). For the sake of these Terms, “Avatars” shall mean and include digital representations of humans and include both those created for, and made generally available to Customers (“Stock Avatars”) and any digital representations of the Customers, as may be created by the Customers themselves (“Custom Avatars”). For the purposes of these Terms, any reference to Output includes but is not limited to Avatar Output, unless any specific reference is made explicitly to Avatar Output or unless it is repugnant to the context thereof. Shorz also offers artificial intelligence services as a part of its Services (“AI”) which allows you to create/ generate text, data, information, files, images, graphics, sounds, music, videos, audio clips, links, and/or other similar materials, hereinafter referred to as “AI Based Output”. Specific guidelines/ rules in relation to such AI Based Output has been mentioned hereinbelow under clause 8 of these Terms. For the purposes of these Terms, any reference to Output includes but is not limited to AI Based Output, unless any specific reference is made explicitly to AI Based Output or unless it is repugnant to the context thereof.

3. Changes to Terms

Shorz reserves the right from time to time and at its sole and absolute discretion, to make any changes/ modifications/ additions/ deletions to these Terms as may be necessary (“Revised Terms”). It is your responsibility to ensure that you are aware of the Revised Terms, by visiting this page regularly. Any continued use of these Services after the Revised Terms have been published constitute a valid and binding acceptance by you of such Revised Terms.

4. Access to the Services and Output

License: Subject to these Terms, Shorz grants you a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, sub-license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your Output (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed. Shorz also grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services in accordance with clause 13. Certain Restrictions: The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law); (b) you shall not access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms; and (c) you shall not employ unauthorized methods to access the Services, including but not limited to bots or other automated tools, to exceed the usage limits allowed by your Account, as per the subscription model chosen. Any breach of clause 5.2 above by the Customer shall entitle Shorz to terminate and/or suspend the Account. Any such termination or suspension of the Account shall result in an automatic forfeiture of any subscription fees paid by the Customer. Shorz may additionally restrict such Customer from accessing the Services in the future. This is without limitation to any legal remedies that Shorz is entitled to under law. Modification: Shorz reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Shorz will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof. No support or maintenance: You acknowledge and agree that Shorz will have no obligation to provide you with any support or maintenance in connection with the Services. Ownership: You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services are owned by Shorz or its suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in clause 5.1. Shorz and its suppliers reserve all rights not granted in these Terms, and there are no implied licenses granted under these Terms.

5. Customer Content and Output Generation Guidelines

Customer Content and Output: You are solely responsible for your Customer Content and any Output generated using your Customer Content, or any Customer Content/ Output which has been provided/ generated using your Account by any affiliate/ entity/ representative which you may be related to. You assume all risks associated with use of your Customer Content or any Output generated using your Customer Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Customer Content or any Output generated using your Customer Content, that personally identifies you or any third party. You hereby represent and warrant that your Customer Content will not violate our Acceptable Use Policy. You may not represent or imply to others that your Customer Content is in any way provided, sponsored or endorsed by Shorz. Shorz is not obligated to backup any Customer Content, or any Output generated using your Customer Content, and the same may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your Customer Content or any Output generated using your Customer Content if you desire. You have the written consent, release, and/or permission of each and every identifiable individual person in your Consumer Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Output in any manner contemplated by Shorz and these Terms. Right to Use Your Customer Content and Output: You hereby grant (and you represent and warrant that you have the right to grant) to Shorz an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license (with the right to sublicense) to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the Customer Content/ Output generated using your Customer Content for the purpose of supporting your use of the Services and providing Services to you. We may also use Customer Content/ Output generated using your Customer Content for the purpose of supporting and developing and further improving the Services. This term and the rights and licenses granted hereunder do not apply to enterprise customers, who are subject to a separate set of terms and conditions specifically tailored to enterprise agreements. Acceptable Use Policy: The following terms constitute our “Acceptable Use Policy”: - You agree not to use the Services to collect, upload, transmit, display, or distribute any Customer Content/ Output (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful or attempts to harm minors in any way, including by representing or portraying them with Avatars, or exposing them to inappropriate content; (iv) that is in violation of any law, regulation, statute, ordinance, rule, judgement, rule of law, order, decree, clearance, approval, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or administration of any of the foregoing by, any governmental authority as may be required as per the jurisdiction within which the Customer intends to exploit the Output; or (v) that adversely impacts an individual’s legal rights or otherwise which creates or modifies a binding, enforceable obligation. - With respect to the Stock Avatars, in addition to clause 6.3.1, you shall not be permitted (i) to promote or advertise age restricted goods, services or venues, including alcohol, tobacco, vaping products, psychoactive substances, firearms, gambling, sex toys, escort services and dating services; and (ii) to transmit any conspiracy theories, propaganda or data or information that is in furtherance of any ‘misinformation’ or ‘disinformation’ campaigns or activities; - The Services are intended for use by individuals and businesses of all sizes, across diverse industries and geographies. As a processor and provider of the Services, Shorz offers features and controls to help Customers meet their unique compliance obligations as set forth in these Terms, however, it is ultimately the Customers’ responsibility to deploy and use the Services in accordance with applicable laws within the territory the Services or Output is being used and exploited by the Customer. It is therefore clarified that Shorz shall not be liable or held responsible for any claims arising out of the exploitation of the Output or for any violation of any applicable law by the Customer in connection with the Output. - In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other Customers, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services); or (vi) harass or interfere with any other Customer’s use and enjoyment of the Services. Any use of Shorz in violation of the foregoing violates these Terms and may result in, among other penalties, termination or suspension of your Account. Enforcement: We reserve the right (but have no obligation) to review any Customer Content/ Output, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Customer Content/ Output, terminating your Account in accordance with clause 13, and/or taking appropriate action in accordance with applicable law, such as reporting you to law enforcement authorities. We may, but have no obligation to, edit or remove any Output that we determine in our sole discretion is unlawful, offensive, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. Feedback: If you provide Shorz with any feedback, reviews or suggestions regarding the Services and/or Outputs (“Feedback”), you hereby assign to Shorz all rights in such Feedback and you hereby irrevocably and unconditionally waive any and all intellectual property rights or moral rights you may have in such Feedback. You hereby agree that Shorz shall have the right to fully use your Feedback for the purpose of supporting and developing and further improving the Services. Furthermore, Shorz shall have the absolute right and discretion to utilise your Feedback for marketing/ promoting/ advertising Shorz and/ or the Services in any media formats and through any media channels, whether now known or existing in the future throughout the world, without Shorz seeking further permission from you. Shorz will treat any Feedback you provide to Shorz as non-confidential and non-proprietary. You agree that you will not submit to Shorz any information or ideas that you consider to be confidential or proprietary.

6. Third-Party Services and products

Shorz provides tools through the Services that enable you to import and export information, including Customer Content/ Output, to and from third party services, including through features that allow you to link your account on Shorz with an account on a third party service (such as YouTube or Tiktok) using multiple project keys for their application programming interface (“API”). These third party services are governed by their own API. By using one of these tools, you agree that Shorz may transfer that information to and from the applicable third party service. Third party services are not under Shorz’s control, and Shorz is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites, and such linked websites are not under Shorz’s control, and Shorz is not responsible for their content. These third party services are governed by their own terms of service and privacy policies (eg: Google Privacy Policy). Third-Party Services: You acknowledge that the Service will enable or assist you to access, interact with, and/or purchase services from several supported platforms and other third parties via third-party websites or applications (collectively, “Third-Party Services”). Such Third-Party Services are not under the control of Shorz and Shorz does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and is not responsible for any Third-Party Services. You use all Third-Party Services at your risk and discretion and Shorz shall not be liable for any interaction/ decision/ contract/ arrangement/ service you have availed from such Third-Party Service or on the basis of such Third-Party Service. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not with Shorz. You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with the Services. If at any time any Third-Party Services cease to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to any notice, refund, credit, or other compensation. Other Customers: Each Customer is solely responsible for any and all of its own Customer Content/ Output. Because we do not control Customer Content, you acknowledge and agree that we are not responsible for any Customer Content, whether provided by you or by others. Shorz is not liable or responsible for any Customer Content/ Output which you may view/ access while using the Services, including the accuracy, currency, suitability, or quality of any such Customer Content/ Output. Furthermore, your interactions with other Customers are solely between you and such Customers, and Shorz will not be responsible for any loss (including monetary loss), damage and/ or any reputational harm incurred as the result of any such interactions. If there is a dispute between you and any Customer, we are under no obligation to become a party to such dispute or provide any information/ testimony in relation to such dispute, save and except as may be mandated by a court of law. Please note that Other Customers may search for, see, use, modify and reproduce any of your Customer Content / Output that you submit to any “Public” area of the Services. Shorz is not liable for the disclosure of your Confidential Information due to your failure to secure these settings. You warrant that the holder of any worldwide intellectual property right, in your Customer Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Release: You hereby release and forever discharge Shorz (and our officers, affiliates, partners, employees, agents, successors, and assigns) from, and hereby waive and relinquish each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Customers or any Third-Party Services and products).

7. AI Based Output

Suitability of Output: Use of Shorz may produce Output that is unexpected or unsuitable for you. The Output may not be unique and Other Customers of Shorz may generate the same or similar Output. The Output may not be protectable by Intellectual Property Rights. No AI/ML Training: You must not, and must not allow third parties to, use any content, data, output or other information received or derived from Shorz, including any Outputs, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems, including any architectures, models, or weights. Improving artificial intelligence and technologies: You grant Shorz all rights to use your AI Based Output to improve our artificial intelligence safety efforts, to develop and improve our technologies and to improve our products and Services. Limitation on liability: Shorz is not responsible or liable in any way, for any AI Based Output which may, solely as a result of the use of the Services (without any human intervention or involvement) and the inherently probabilistic characteristics of machine learning algorithms produce an error, mistake, inaccuracy, technological inadvertency which can display an AI Based Output which (a) is incorrect, (b) does not accurately reflect real people, places, or facts, (c) may be harmful, defamatory, disparaging and/ or offensive to any particular race, minority, ethnicity, gender, caste, creed or sex, or (d) may be offensive to one’s religious, ethical or moral beliefs. No infringing or harmful use: You may not use the Services in a way that is unlawful and/or may harm a person or infringe their rights. No license or rights to use the name, image, likeness, voice, or biographical information of any person, celebrity or otherwise, is granted hereunder, and as such, any use of a work or creation of any Custom Avatar that contains any images of any persons with or without their consent is done at your own risk. You may not use the AI or Avatars to generate harmful/ defamatory/ illegal AI Based Output and Shorz reserves the right to prohibit you using the Services, and to take any appropriate action as may be permitted by law. You may not seek to reverse engineer the Services, use the Services to attempt to build a competitive product or service. You will indemnify us for your use of Services as outlined in these Terms. Disclosure: If required as per applicable law within the territory the Customer intends to use the Services, the Customer must indicate that the Output posted, published and/or shared is AI-generated in a way that could not be reasonably misunderstood (for example, by including an introduction that discloses that some or all of the Output was AI-generated).

8. Disclaimers

WE (AND OUR SUPPLIERS WHO PROVIDE THIRD-PARTY SERVICES) MAKE NO WARRANTY THAT THE SERVICES AND/OR OUTPUTS WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES AND/OR OUTPUTS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 (NINETY) DAYS FROM THE DATE OF FIRST USE. SHORZ DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT AND/ OR OUTPUT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD-PARTY SERVICES. SHORZ DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. SHORZ IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES AND/OR OUTPUTS, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. IN NO EVENT WILL THE COMPANY (OR SUPPLIERS PROVIDING THIRD-PARTY SERVICES), ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF SHORZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY USE OF THIRD PARTY CONTENT AND/OR (VII) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE THAT YOU WILL NOT HOLD THE COMPANY RESPONSIBLE OR LIABLE FOR ANY CONTENT YOU ACCESS THROUGH THE SERVICES AND YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS AND WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. Indemnification

You and/ or any entity/ individual who you may represent or may be represented by you (“Indemnifier”) agree to indemnify and hold harmless Shorz, its subsidiaries, officers, affiliates, partners, directors, employees, and agents (hereinafter collectively referred to as “Indemnified Parties”) from any and all claims, demands, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) made by any third party due to or arising out of (a) Indemnifier’s use of the Services and/or Outputs (b) Indemnifier’s violation of these Terms, (c) Indemnifier’s violation of applicable laws or regulations, (d) Indemnifier’s Customer Content/ Output, (e) Indemnifier’s use of Third-Party Services (f) Indemnifier’s violation of any third party right, including without limitation any intellectual property or privacy right, or (iv) your actions/ decisions which for any reason has prejudiced or materially/ adversely affected the Indemnified Parties. Shorz reserves the right, at the Indemnifier’s expense, to assume the exclusive defence and control of any matter for which the Indemnifier is required to indemnify us, and the Indemnifier agrees to cooperate with our defence of these claims. The Indemnifier agrees not to settle any matter without the prior written consent of Shorz. Any claim made by the Indemnified Parties hereunder shall be conclusive evidence that such claim has arisen and the notice given by the Indemnified Parties shall be conclusive proof of the amount payable by the Indemnifier towards their indemnity obligations. Further, prior to making any claim hereunder, the Indemnified Parties shall not be required to take any step, make any demand upon, exercise any remedies or obtain any judgment against the Indemnifier or any other person. For the avoidance of doubt, it is clarified that the Indemnifier’s obligation to indemnify the Indemnified Parties pursuant to these Terms shall arise immediately upon the Indemnified Parties incurring or suffering any loss on institution of any claim, suit or action, irrespective of any defence or right to appeal available to them. The failure of the Indemnified Parties to notify the Indemnifier of a claim shall not relieve the Indemnifier of their indemnification obligations hereunder. The rights of the Indemnified Parties to indemnification shall not be impacted or limited by any knowledge that the Indemnified Parties may have acquired, or would have acquired, whether before or after the date hereof, nor by any investigation or diligence conducted by the Indemnified Parties. The indemnification rights of the Indemnified Parties under these Terms are without prejudice to, independent of, and in addition to, such other rights and remedies as the Indemnified Parties may have at law or in equity or otherwise, including the right to seek specific performance, rescission, restitution or other injunctive relief, none of which rights or remedies shall be affected or diminished hereby.

10. Limitation on Liability

ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $50 (FIFTY US DOLLARS). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, OUR SERVICES; OR USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SERVICES. PLEASE NOTE THAT WE SHALL NOT BE LIABLE FOR INDIRECT LOSS OR DAMAGE INCLUDING LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL, OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR APPLICATIONS OR TO YOUR DOWNLOADING OF ANY CONTENT ON THEM, OR ON ANY WEBSITE LINKED TO THEM. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11. Payments and Refunds

Payment: Our Services can only be purchased directly from Shorz as a one-time payment. You must provide us with a valid credit card or other payment method to process the payment. The payment is non-refundable once the service is activated. Shorz shall not be responsible or liable for any losses or damages incurred by you relating to any payments made to any unauthorised third parties. Changes to pricing: We may change our prices from time to time, and will communicate any price changes to you in advance. These changes will only affect future purchases and will not impact any services you have already paid for. Refunds: All sales are final and non-refundable once the service is activated. In case you believe an unauthorized payment has been made, please reach out to us at info@shorz.ai and we will respond to you within 48 (forty eight) working hours.

12. Terms and Termination

These Terms shall continue to apply to you until your Account/Activation code is terminated by either you or Shorz, and you cease to use the Services. However, you acknowledge and agree that the perpetual license granted by you in relation to the Customer Content/ Output, including Feedback, is irrevocable and will therefore continue after expiry or termination of your Account and your discontinuation of using the Services for any reason. We may terminate your Account or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services and/or Customer Content/ Output, or non-compliance with these Terms. If you or Shorz terminate your Account, or if we suspend your access to the Services, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Account, you may contact us through the customer service contact form, which is available on our help and support page. This clause will be enforced to the extent permissible by applicable law. You may terminate your Account and cease to use our Services at any time. Any provision of these Terms which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of these Terms.

13. Entire agreement

These Terms constitute the entire agreement between the parties, and no other agreement, written or oral, precedes this agreement between you and Shorz. By using the Information on Shorz, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. Shorz does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed through the use of our Services and/ or Third Party Services, and we do not provide investment advice, and do not advocate the purchase or sale of any security or investment by you or any other individual. Our Services are not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Information. Our Services do not constitute a solicitation by the information providers, Shorz or any other person for the purchase or sale of securities. By using or accessing the Services, you confirm that you have read, understood, and agreed to be bound by these Terms.

14. Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Estonia. Subject to clause 15.4 below, you hereby consent to the jurisdiction of the courts and tribunals of Estonia in all disputes arising out of or relating to the use of the Services. Nothing contained in this clause 15 shall limit the right of Shorz to take proceedings in any other court or tribunal of competent jurisdiction, nor shall the taking of proceedings in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not and you hereby irrevocably submit to and accept, generally and unconditionally, the jurisdiction of such court or tribunal, and you irrevocably waive any objection they may have now or in the future to the laying of the venue of any proceedings and any claim that any such proceedings have been brought in an inconvenient forum. You agree to resolve any dispute, controversy, claim or disagreement of any kind whatsoever in connection with or arising out of the use of the Services, including in relation to a breach of these Terms or a suspension of your Account and prohibition of your use of these Services, or in relation to any complaint or dispute which you may have with Shorz and the Services offered (hereinafter referred to as a "Dispute") through an informal dispute resolution mechanism or through a settlement process with Shorz. A Dispute may be raised either by you or Shorz ("Claimant"). The Claimant must first send to the other a written notice of dispute ("Notice"), which must (a) include the Claimant's name, residence, email address and phone number; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. The recipient of the Notice shall be given 30 (thirty) days after receipt of a complete Notice to investigate the claim and/ or to respond to such Notice. Any arbitration proceeding cannot be commenced until after the informal resolution period of 60 (sixty) days from the receipt of the Notice ("Informal Resolution Period"). It is hereby clarified that Shorz shall not be obligated to resolve any Dispute it may initiate through the process laid down in this clause 15.3.

15. Dispute Resolution

At the end/ completion of the Informal Resolution Period any Dispute shall be referred to and finally resolved by arbitration irrespective of the amount in Dispute or whether such Dispute would otherwise be considered justifiable or ripe for resolution by any court. The Parties agree and confirm that the arbitration proceedings shall be conducted in accordance with the Estonian Code of Civil Procedure and the rules applicable thereto or any statutory modification or alteration thereof for the time being in force ("Civil Procedure Code"), irrespective of your place of residence and from where you have accessed the Services. Seat and Venue of Arbitration: The venue and seat of the arbitration shall be Tallinn, Estonia. The arbitration proceedings shall be carried out in accordance with the Civil Procedure Code, which shall be deemed to have been incorporated in this clause. Number of Arbitrators: The number of arbitrators shall be 3 (three) wherein Shorz shall appoint 1 (one) arbitrator and you shall appoint 1 (one) arbitrator, which arbitrators shall be appointed within 30 (thirty) days of either you or Shorz serving a notice with respect to the Dispute. The 2 (two) arbitrators so appointed shall appoint the 3rd (third) arbitrator within 30 (thirty) days of their appointment, who shall act as the presiding arbitrator. Language of Arbitration: The proceedings of the arbitration shall be conducted in English language. Time: The arbitral tribunal shall render its final award within 6 (six) months from the date of appointment of the complete arbitral tribunal, unless it is agreed that such limit be extended. Award and Apportionment of Costs: The award rendered shall be in writing and shall set out the reasons for the arbitral tribunal's decision. The costs and expenses of the arbitration, including, without limitation, the fees of the arbitration and the arbitration tribunal, shall be borne by you. You shall pay your own fees, disbursements and other charges of his counsel, except as may be determined by the arbitration tribunal. The arbitration tribunal would have the power to award interest on any sum awarded pursuant to the arbitration proceedings and such sum would carry interest, if awarded, until the actual payment of such amounts. Award final and binding: The Parties agree that the arbitration award shall be final and binding on the Parties. Judgment upon the arbitration award may be rendered in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. Confidentiality: You shall not, directly or indirectly, disclose the existence, content or results of the Dispute or any arbitration conducted under these Terms in relation to that Dispute and save as required in order to enforce the arbitration and/ or any award made pursuant to these Terms. The existence or subsistence of a Dispute, or the commencement or continuation of arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations of Parties under these Terms which are not in dispute, the arbitrators shall give due consideration to such performance, if any, in making a final award. It is hereby clarified that Shorz shall not be required to expend or risk its own funds or otherwise incur any financial liability in initiation of arbitration proceedings.

16. Severability

In case any part of these Terms is inapplicable or unenforceable in any particular jurisdiction, due to any court order or otherwise, or for any other reason, the remaining provisions of these Terms shall remain in full force and effect.

17. No Partnership

Your use of the Services creates no partnership, client, fiduciary or other professional relationship.

18. Force Majeure

Shorz will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control, including but not limited to labour disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order.