Elementor AI Terms and Conditions

These Terms of Service (the “AI Terms”) govern your access to and use of Elementor’s AI-powered products and tools which create code, text, and images, templates, webpages etc. (the “AI Products”). We reserve the right to update the AI Terms from time to time.

The AI Terms are incorporated by reference into Elementor’s Terms & Conditions available at https://elementor.com/terms/ (the “General Terms”) or other agreements governing the use of Elementor’s services.

Capitalized terms not defined herein shall have the meanings assigned to such terms in the General Terms. In the event of any conflict between certain provisions of the AI Terms and the provisions of the General Terms, the provisions of the AI Terms shall prevail over the conflicting provisions of the General Terms, solely with respect to the AI Products.

1.   Technology Partners

Elementor uses technology provided by third-party service providers to provide the AI Products (the “Technology Partners”). Elementor solely serves as a platform to such services offered by the Technology Partners, and such services are not vetted, endorsed, or controlled by Elementor. Elementor does not hold any responsibility with respect to your use or access to the services provided by the Technology Partners, including with respect to its availability or its results. Elementor will not be a party to any interaction between you and the Technology Partner. 

You acknowledge that any use of the services provided by the Technology Partners, such as such as OpenAI, LLC, Stability AI Ltd., Azure, Anthropic, etc., are governed by policies, terms and conditions of such Technology Partners and which may change from time to time at the sole discretion of the Technology Partners, which you must review prior to your use of Technology Partners’ platforms.

You acknowledge that any text you type in, images, or other content you upload to the AI Products (the “Input”), including any personal data you choose to include within that Input, will be shared with the Technology Partners, in order to provide you with the Technology Partner services. The Technology Partners may use such Input to train and improve their services. You acknowledge and agree that our Privacy Policy applies to Elementor’s use of your personal data, however, You understand that the use of your personal data included in the Input transferred to our Technology Partners shall be subject to the Technology Partners’ policies, if and as applicable, and that Elementor is not responsible to their use of your personal data.

2.   Acceptable Use Policy

You hereby agree, when using the AI Products, not to create any harmful content. All limitations which apply in these AI Terms, including with respect to the content, will apply to your usage of the AI Products, mutatis mutandis.  We will not allow any use of AI Products that violates these Terms or Elementor’s Acceptable Use Policy, and we may suspend or terminate your account and/or usage if we find that you are using it in this way, or if we are investigating suspected misconduct.

3.   Restrictions

In addition to the matters listed in our Acceptable Use Policy, it is prohibited to use the AI Products to: (i) mislead anyone that the content generated by AI Products is human-generated; (ii) provide medical advice or any content regarding the treatment, prevention, diagnosis or transmission of diseases; (iii) provide legal or financial advice; (iv) generate contracts or legally binding obligations; (v) generate political content including for dissemination in electoral campaigns; (vi) generate spam, ransomware, keyloggers, viruses or other software; (viii) generate nudity or shocking content including obscene gestures, bodily fluids or other profane subjects; (ix) generate or disseminate information to be used for the administration of justice or other legal purposes; or to (x) implement fully-automated decision making.

4.   Legal notice

You are responsible for any Input, as well as the resulting material you generate, such as images, code, or text (“Output”). Any use of the Output is at your sole risk, under the terms set forth herein and the terms of the specific Technology Partner who provided the services with respect to an Output.

You acknowledge that the Outputs are generated by the AI Product of the Technology Partners on a non-exclusive basis and may be provided to other users as well. We cannot guarantee that the Outputs will be unique or will not be similar to Outputs of other users. We highly recommend that you receive legal advice regarding the usage of the Output, and you do so at your own risk. You hereby waive any claim with respect to any similar or identical outputs that may be generated by other users.

You are responsible for ensuring that your Input and Output (i) comply at all times with the AI Terms and our Acceptable Use Policy; (ii) do not violate any applicable law or other applicable terms and conditions; (iii) do not infringe, violate, or misappropriate any of our rights or the rights of any third party, including intellectual property rights. We strongly recommend you consult and receive legal advice with respect to your use of the Outputs, and assure that the Output is free of any adverse claims and is not subject to any third-party rights.

In addition to the foregoing, if you use our Web Based Containers services, you can identify certain websites, website structures and sections which you would like and they may be used as a reference. You will also have the ability to give additional instructions with respect to your requested layout. As with other Outputs, you shall be responsible for verifying that your output does not infringe the intellectual property of others. You acknowledge that the use of the Web Based Containers services shall be at your own and sole risk, including with respect to third party intellectual property rights.

You shall not include any sensitive personal data (including data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, health data or data concerning your sex life or sexual orientation) in any Input to the AI Products. In the event that any of your Input or Output is alleged to be unlawful or otherwise in breach of the AI Terms, you acknowledge that Elementor may disclose such content to law enforcement or other governmental authorities, or in response to a court order. Elementor may impose limits on the number of Outputs you can create with the AI Products. To the extent necessary, you will be notified when you have reached the maximum number of Outputs for your account. The AI Product may not be available in all languages.

You give Elementor the right to host your Input and Output on our platform and use it to market and improve our products and services.

5.   Free Trial

We may make one or more aspects of the AI Products available for a trial period at no charge at our sole discretion. The right to access and use the AI Products will be terminated upon you reaching the usage limit, which may change from time to time subject to our sole discretion. Following the free trial, and unless you purchase a subscription to the applicable AI Products, you will no longer be able to access the AI Products.

6.       Disclaimer

   I. General. The Output is generated by artificial intelligence, and you use it at your sole risk. You understand that the Output may be inaccurate or offensive, may infringe third parties’ intellectual property rights and is not unique. You should not rely on the Output without independently checking its accuracy with a lawyer, and its potential infringement on third parties’ rights. You acknowledge that Elementor has not verified the accuracy of the Output and it does not represent Elementor’s views. Elementor makes no warranty or guarantee as to the accuracy, completeness, or reliability of the Output, nor the legal possibility to use the Output or whether it infringes on third parties’ rights and shall not have any liability or responsibility arising in any way from the Output or any omissions or errors contained in the Output. We recommend that you obtain professional and independent advice before you act on any advice contained in the Output, rely on the accuracy of the Output, or Use of the Output, in any way. YOU ACKNOWLEDGE AND AGREE THAT ELEMENTOR IS NOT RESPONSIBLE FOR ANY ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE OF THE AI PRODUCTS OR ITS OUTPUTS, INCLUDING IN CASE THAT A THIRD PARTY WILL HAVE A CLAIM AGAINST YOU FOLLOWING THE USAGE OF SUCH AI PRODUCTS.
   
   II. Compliance with Applicable Laws. You are responsible for using the AI Products in compliance with all applicable laws and regulations of the jurisdictions in which such users are domiciled, reside, or are located at the time of such access or use, as well as these ai terms and the applicable technology partners terms with respect to the AI product.

   III. No Warranties. The AI Product and the services that are available to you are provided to you on an “as is” basis, without warranties or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. You are solely responsible for determining the appropriateness of using or redistributing the AI Product and the Output, and assume any risks associated with use of the Technology Partners’ services.

   IV. Beta Disclaimer. The AI Products are currently released as beta, which means that they may contain bugs, errors, or other issues that may affect AI Products’ performance or functionality. We are constantly working to improve and refine the AI Products, but please be aware that AI Products  are provided “as-is” and are not yet fully stable or reliable. By using the AI Products during the beta phase, you understand and accept that: (a) the AI Products may produce unexpected or inaccurate results; (b) the AI Products may not function as expected or advertised; (c) the AI Products may require further training and optimization; (d) Your data may be at risk of loss or corruption. We strongly encourage users to report any issues or bugs they encounter so that we can address them promptly. Please note that (i) we reserve the right to make changes to the AI Products, including adding or removing features, with or without prior notice; (ii) the performance of the AI Products may vary depending on the quality and quantity of the input data. We cannot guarantee that the AI Products will always provide accurate or useful results.

   V.  IN NO EVENT SHALL ELEMENTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM THE USE OR INABILITY TO USE THE BETA FEATURES. THIS LIMITATION OF LIABILITY APPLIES EVEN IF ELEMENTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   VI. Removal Requests. If Elementor receives a removal request related to your content or to your website, Elementor may, at its sole discretion, remove such content in whole or in part, with or without providing you with a prior notice, and without having to investigate such claim. Elementor reserves the right to notify the person or entity providing the infringement notice of such removal at its discretion.
   
   

7. Limitation of Liability

   YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER ELEMENTOR NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AND AGENTS, IN NO EVENT, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ELEMENTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE AI PRODUCTS OR ANY RELATED INFORMATION; (B) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE AI PRODUCTS; OR (C) ANY OTHER MATTER RELATING TO THE AI PRODUCTS. IN NO EVENT WILL ELEMENTOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100), OR THE AMOUNT YOU PAID US IN THE PRECEDING 12 MONTHS, WHICHEVER IS LOWER. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE AI PRODUCTS OR WITH THESE AI TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE AI PRODUCTS.

   You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the AI Product.

   8.   Intellectual Property Rights

   Except for the limited rights expressly granted hereunder, no license or other rights (express or implied) in or to the AI Products or the Output are granted, assigned, licensed or conveyed to you.

   9.   Feedback

   We welcome feedback on our AI Products. Elementor may also share your feedback with our Technology Partners.

   10.   No Refund Policy

   Elementor offers a free trial period for the AI Products to allow you to test the AI Products before committing to a purchase. As such, there will be no refunds provided for any fees paid by you, including but not limited to subscription fees or one-time purchase fees, once you made the purchase.

   11.   Fair Use Policy

   Users are granted unlimited access to Elementor AI, subject to fair use limitations. Fair use is defined as the use of the service in a manner that does not exceed reasonable and customary levels of usage. If the user’s usage exceeds reasonable and customary levels, Elementor reserves the right to may ask the user to upgrade to a more suitable plan that better accommodates their usage needs or take other appropriate action, including suspending or terminating access.

   12.   Eligibility and Identification

   When registering for the Services, we may authenticate your identity through different third-party services and may require additional identification.

   The Services are intended for use by users of at least eighteen (18) years old. If you register for our services, you hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that no minors under that age have access to the Services.

   13.   Adhering to your local laws & regulations

   By using the AI Product, you agree to adhere to all local laws and regulations applicable to your use of the product. In the event that one of our Technology Partners is no longer permitted in your country, your use of the AI Product is entirely at your own risk, and Elementor shall not be liable for any damages or losses arising from such use. Elementor reserves the right to discontinue the services of any Technology Partner, or the AI Product as deemed necessary, and you acknowledge and agree that you have no recourse against Elementor should such action be taken.

   14.   Copy Right Removal Request

   If you believe that your copyright-protected work was used through Elementor’s Services without your authorization, you can contact [email protected] to request that the content be removed.