Terms of Use
Last updated on January 8, 2025
This is a template terms of use. Please consult a lawyer for your own terms of use.
Table of Contents
- Agreement to Terms
- Changes to Terms
- Privacy Policy
- User Registration
- Fees and Payment
- Free Trial
- Cancellation
- Intellectual Property Rights
- User Content
- AI Features and Services
- Prohibited Activities
- User Representations
- API Terms
- Service Availability
- Term and Termination
- Modifications and Interruptions
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Dispute Resolution
- Governing Law
- Corrections
- Miscellaneous
- Contact Us
Agreement to Terms
These Terms of Use (the “Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and Contentzilla (“Contentzilla”, “we”, “us”, or “our”) governing your access to and use of our website, services, and related applications (collectively, the “Services”).
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.
You represent that you are at least 16 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms.
Changes to Terms
We reserve the right to modify these Terms at any time at our sole discretion. We will notify you of any material changes by:
- Posting the updated Terms on this page
- Updating the “Last updated” date at the top of this page
- Sending you an email notification (if we have your email address)
- Posting a notice on our website
Your continued use of the Services after any changes to the Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.
We may change, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content, without prior notice or liability.
Privacy Policy
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. Please review our Privacy Policy carefully: Privacy Policy.
By using the Services, you consent to the collection and use of your information as described in our Privacy Policy.
User Registration
Account Creation
To access certain features of the Services, you may be required to create an account. When you create an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
- Use a strong, unique password
- Not share your account credentials with others
- Log out of your account when using shared devices
- Immediately notify us of any suspected unauthorized access
We are not liable for any loss or damage arising from your failure to comply with these security obligations.
Account Termination
We reserve the right to suspend or terminate your account at any time, with or without cause or notice, for any reason, including if you violate these Terms.
Fees and Payment
Subscription Fees
Some features of the Services may require payment of fees. We offer various subscription plans with different features and pricing. Current pricing is available on our website.
Payment Terms
- Billing Cycle: Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan
- Payment Methods: We accept payment via credit card, debit card, or other payment methods we make available
- Automatic Renewal: Unless you cancel your subscription, it will automatically renew at the end of each billing period
- Price Changes: We reserve the right to change our pricing at any time. We will provide you with at least 30 days’ notice of any price increases
- Refunds: Refund requests are handled in accordance with our Refund Policy
Payment Processing
All payments are processed by third-party payment processors. By making a payment, you agree to the terms and conditions of the applicable payment processor.
Failed Payments
If a payment fails, we may suspend or terminate your access to paid features until payment is successfully processed. We are not responsible for any fees charged by your financial institution.
Taxes
You are responsible for paying all applicable taxes, duties, and government charges related to your use of the Services, unless otherwise specified.
Free Trial
We may offer free trial periods for certain subscription plans. Free trials are subject to the following terms:
- Free trials are available to new users only (unless otherwise specified)
- At the end of the free trial period, your subscription will automatically convert to a paid subscription unless you cancel
- You may cancel your subscription at any time during the free trial period without being charged
- We reserve the right to modify or discontinue free trials at any time
Cancellation
You may cancel your subscription at any time through your account settings or by contacting us at contact@contentzilla.com.
- Cancellation Effective Date: Your cancellation will be effective at the end of your current billing period
- Access After Cancellation: You will continue to have access to paid features until the end of your current billing period
- No Refunds: Unless otherwise specified in our Refund Policy, we do not provide refunds for partial billing periods
Intellectual Property Rights
Our Content
The Services and all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software) are owned by Contentzilla, its licensors, or other providers and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes, subject to these Terms.
Restrictions
You may not:
- Copy, modify, distribute, sell, or lease any part of the Services
- Reverse engineer or attempt to extract the source code of the Services
- Remove any copyright, trademark, or other proprietary notices
- Use the Services for any commercial purpose without our express written consent
User Content
Definition
“User Content” means any content, information, or materials that you submit, post, upload, or otherwise make available through the Services, including but not limited to text, images, videos, comments, reviews, and other materials.
Your Rights
You retain all ownership rights in your User Content. You are solely responsible for your User Content and the consequences of posting it.
Your Representations
By posting User Content, you represent and warrant that:
- You own or have the necessary rights to use and authorize us to use your User Content
- Your User Content does not violate any third-party rights, including intellectual property, privacy, or publicity rights
- Your User Content does not violate any applicable laws or regulations
- Your User Content is accurate and not misleading
License to Us
By posting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license (for the duration of your use of the Services) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content solely for the following purposes:
- Operating and Providing Services: To display, process, and deliver the Services you requested
- Improving Services: To develop, test, and improve our Services and user experience
- Ensuring Security: To protect against abuse, fraud, and violations of these Terms
- Complying with Legal Obligations: To meet legal, regulatory, and compliance requirements
- Marketing (with limitations): To showcase features and functionality in marketing materials, only with your explicit prior consent or if you make content publicly available
License Limitations
This license does NOT allow us to:
- Prohibited - Sell or license your User Content to third parties for their independent use
- Prohibited - Use your User Content for purposes unrelated to providing and improving our Services
- Prohibited - Claim ownership of your User Content
License Termination
This license terminates when you:
- Delete your User Content from the Services
- Terminate your account
- Request deletion of specific content
Exceptions:
- We may retain copies in backup systems for up to 30 days after deletion
- We may retain anonymized, de-identified versions for analytics and service improvement
- We may retain content where legally required (e.g., for legal compliance, dispute resolution)
Content Moderation
We reserve the right, but are not obligated, to:
- Monitor, review, edit, or remove User Content at any time
- Remove or refuse to post any User Content that violates these Terms
- Terminate your access to the Services for posting prohibited content
DMCA Compliance
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact us with the following information:
- A description of the copyrighted work
- The location of the allegedly infringing material
- Your contact information
- A statement of good faith belief that the use is not authorized
- A statement that the information is accurate and you are authorized to act on behalf of the copyright owner
AI Features and Services
This section governs your use of our artificial intelligence (AI) features and services. By using any AI features, you acknowledge and agree to these additional terms.
AI-Generated Content Ownership
You Own Your Inputs and Outputs
- Input Ownership: You retain all rights, title, and interest in and to the content you submit to our AI services (“Input”)
- Output Ownership: You own the AI-generated content we produce for you based on your Input (“Output”)
- No Claims by Us: We do not claim any ownership rights in your Input or Output
- Your Responsibility: You are solely responsible for your Input and Output, including ensuring they comply with applicable laws
Non-Exclusivity of AI Outputs
YOU ACKNOWLEDGE AND AGREE THAT:
- Outputs May Not Be Unique: Due to the nature of AI technology and machine learning, Outputs generated for you may be similar or identical to content generated for other users
- No Exclusive Rights: The similarity of Outputs does not create shared ownership, intellectual property rights, or any claims between users
- Independent Generation: Other users may independently generate similar or identical Outputs without violating your rights
- Your Risk: You are responsible for verifying the uniqueness of Outputs if uniqueness is important for your intended use
Example: If you input “Write a blog post about digital marketing trends” and another user inputs a similar prompt, the resulting Outputs may be substantially similar. This is expected behavior and does not constitute copyright infringement.
AI Content Processing License
By submitting Input to our AI services, you grant us a limited, non-exclusive, worldwide, royalty-free license (for the duration of your use of the Services) to:
- Process Your Input: Analyze, process, and use your Input to generate Output
- Provide Services: Use your Input solely to deliver the AI services you requested
- Improve Services: Use anonymized versions of your Input for service improvement and AI model training (only if you opt-in via your account settings)
- Ensure Security: Monitor for and prevent abuse, fraud, and violations of these Terms
- Comply with Law: Retain content as required by applicable legal obligations
License Limitations
This license is strictly limited and does NOT allow us to:
- Prohibited - Use your Input or Output for other commercial purposes
- Prohibited - Sell or license your Input or Output to third parties
- Prohibited - Use identifiable content for marketing without your permission
- Prohibited - Share your content with third-party AI providers for their own model training
License Termination
This license terminates when you:
- Delete your content from your account
- Terminate your account
- Withdraw your consent for AI training (for training-related uses)
Exception: We may retain anonymized, de-identified versions of content you opted-in for training, and backups for up to 30 days for disaster recovery.
AI Accuracy and Limitations
CRITICAL: AI IS NOT PERFECT
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
No Guarantees of Accuracy
- AI Outputs May Contain Errors: AI-generated content is probabilistic and may be factually incorrect, misleading, or nonsensical
- Hallucinations: AI may generate false information presented confidently as fact
- Outdated Information: AI training data may be outdated, and AI may not have access to current events or recent information
- Bias: AI outputs may reflect biases present in training data
- No Verification by Us: We do not verify, fact-check, or guarantee the accuracy of AI-generated content
Unsuitable for Critical Decisions
OUR AI SERVICES ARE NOT SUITABLE FOR AND SHOULD NOT BE RELIED UPON FOR:
- Not Suitable - Legal Decisions: Legal advice, contract drafting, regulatory compliance without professional review
- Not Suitable - Medical Decisions: Medical diagnosis, treatment recommendations, health advice
- Not Suitable - Financial Decisions: Investment advice, financial planning, tax guidance without professional consultation
- Not Suitable - Academic Use: Plagiarism detection, student misconduct determination, academic evaluation
- Not Suitable - Safety-Critical Applications: Applications where errors could result in injury, death, or significant harm
- Not Suitable - Automated Decision-Making: Decisions about individuals without human review (hiring, lending, etc.)
Verification Requirement
YOU MUST VERIFY AI OUTPUTS
You agree that you will:
- Required - Independently verify all AI-generated content before using it for important purposes
- Required - Review and edit AI outputs to ensure accuracy, appropriateness, and compliance with your needs
- Required - Consult qualified professionals when AI outputs relate to legal, medical, financial, or other specialized matters
- Required - Take responsibility for all content you publish, distribute, or rely upon, regardless of whether it was AI-generated
Example: If you use our AI to draft a contract, you must have a qualified attorney review it before use. If you use AI to generate medical content, it must be reviewed by a licensed healthcare professional.
Prohibited AI-Related Uses
You may NOT use our AI services to:
Competitive Uses
- Prohibited - Develop Competing Services: Build, train, or improve competing AI models, services, or products
- Prohibited - Reverse Engineer: Attempt to discover, extract, or reverse-engineer our AI models, algorithms, or training data
- Prohibited - Benchmark Without Permission: Conduct competitive benchmarking or analysis without our prior written consent
Training Other AI Models
- Prohibited - Train Your Own Models: Use our AI Outputs to train, fine-tune, or improve your own AI or machine learning models (without a separate commercial agreement)
- Prohibited - Create Training Datasets: Systematically collect our Outputs to create datasets for AI training
Harmful or Illegal Content
- Prohibited - Illegal Content: Generate content that violates applicable laws or regulations
- Prohibited - Harmful Content: Create content intended to harm, abuse, harass, or deceive individuals or groups
- Prohibited - Misinformation: Deliberately generate false or misleading information for malicious purposes
- Prohibited - Impersonation: Generate content impersonating real individuals without disclosure
Violation of Third-Party Rights
- Prohibited - Copyright Infringement: Use AI to infringe copyrights, trademarks, or other intellectual property rights
- Prohibited - Privacy Violations: Generate content that violates privacy rights or discloses personal information without authorization
Deceptive Practices
- Prohibited - Undisclosed AI Content: Present AI-generated content as human-created where disclosure is legally required or ethically necessary
- Prohibited - Academic Dishonesty: Submit AI-generated content as your own original work in academic settings without disclosure (where prohibited by academic institution policies)
AI Service Limitations and Changes
No Guarantee of Availability
- We do not guarantee that AI features will be available at all times
- AI services may experience downtime, errors, or degraded performance
- We may change, suspend, or discontinue AI features at any time
Model Updates
- We may update, change, or replace AI models at any time to improve performance, accuracy, or efficiency
- Model updates may result in different Outputs for the same Inputs
- We do not guarantee backward compatibility of AI Outputs
Rate Limits and Quotas
- AI services are subject to rate limits, usage quotas, and fair use policies
- We may throttle or restrict access if usage exceeds reasonable limits or violates these Terms
- Enterprise and API users may have different limits as specified in their agreements
Feedback and Improvements
If you provide feedback, suggestions, or ideas about our AI services:
- We may use your feedback to improve our services without compensation to you
- You grant us a perpetual, worldwide, royalty-free license to implement your suggestions
- We have no obligation to implement any feedback you provide
Disclaimer Specific to AI Services
IN ADDITION TO THE GENERAL DISCLAIMERS IN THESE TERMS:
WE SPECIFICALLY DISCLAIM ANY WARRANTIES THAT:
- AI OUTPUTS WILL BE ACCURATE, COMPLETE, OR ERROR-FREE
- AI SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS
- AI OUTPUTS WILL BE UNIQUE OR NOT GENERATED FOR OTHER USERS
- AI SERVICES WILL ALWAYS BE AVAILABLE OR PERFORM AT ANY PARTICULAR SPEED
YOU USE AI FEATURES ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM YOUR USE OF AI-GENERATED CONTENT.
Prohibited Activities
You agree not to use the Services to:
Illegal Activities
- Violate any applicable laws, regulations, or rules
- Infringe upon the rights of others
- Engage in fraudulent, deceptive, or illegal activities
Abuse of Service
- Attempt to gain unauthorized access to the Services or related systems
- Interfere with or disrupt the Services or servers
- Use automated systems (bots, scrapers, crawlers) to access the Services without permission
- Overload, flood, spam, or mail bomb the Services
- Introduce viruses, malware, or other harmful code
Content Restrictions
- Post content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Post content that violates any third-party rights
- Post spam, unsolicited communications, or chain letters
- Impersonate any person or entity or falsely state or misrepresent your affiliation
Other Restrictions
- Use the Services for any purpose that is harmful, illegal, or violates these Terms
- Reverse engineer, decompile, or disassemble the Services
- Remove, circumvent, or disable any security features
- Use the Services to compete with us or to build a similar service
We reserve the right to investigate violations of these Terms and may involve law enforcement authorities in prosecuting violators.
User Representations
By using the Services, you represent and warrant that:
- You are at least 16 years of age (or the age of majority in your jurisdiction)
- You have the legal capacity to enter into these Terms
- You will comply with all applicable laws and regulations
- You will not use the Services for any illegal or unauthorized purpose
- Your use of the Services will not violate any third-party rights
- All information you provide is accurate and current
API Terms
If we provide an API (Application Programming Interface) for accessing our Services, the following additional terms apply:
- API access is subject to rate limits and usage restrictions
- You may not use the API in a manner that exceeds reasonable request volume or constitutes abuse
- We reserve the right to suspend or terminate API access at any time
- You may not use the API to create a competing service
- API usage must comply with these Terms and any additional API-specific terms we provide
Service Availability
We strive to provide reliable Services but do not guarantee that the Services will be available at all times or free from errors, interruptions, or defects. We may:
- Perform scheduled or unscheduled maintenance
- Experience technical difficulties
- Suspend or discontinue features or functionality
We are not liable for any loss or damage resulting from the unavailability of the Services.
Term and Termination
Term
These Terms remain in effect while you use the Services or until terminated by either party.
Termination by You
You may terminate your account at any time by canceling your subscription or contacting us at contact@contentzilla.com.
Termination by Us
We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including if you:
- Violate these Terms
- Engage in fraudulent or illegal activities
- Fail to pay required fees
- Otherwise engage in conduct that we determine is harmful to us or other users
Effect of Termination
Upon termination:
- Your right to use the Services will immediately cease
- We may delete your account and User Content
- You remain liable for all amounts due up to and including the date of termination
- Provisions that by their nature should survive termination will survive
Modifications and Interruptions
We reserve the right to:
- Modify, update, or discontinue the Services at any time
- Change, suspend, or discontinue any feature or functionality
- Perform maintenance that may temporarily interrupt access
We will attempt to provide reasonable notice of material changes but are not obligated to do so.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
WE DO NOT WARRANT THAT:
- THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
- DEFECTS WILL BE CORRECTED
- THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS
YOU USE THE SERVICES AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONTENTZILLA, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
- PERSONAL INJURY OR PROPERTY DAMAGE
- EMOTIONAL DISTRESS
ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless Contentzilla, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Your User Content
Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
Jurisdiction
Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
Informal Resolution
Before filing a formal legal proceeding, you agree to first contact us at contact@contentzilla.com to attempt to resolve the dispute informally.
Class Action Waiver
You agree that any disputes will be resolved on an individual basis and that you will not participate in or be represented in any class, consolidated, or representative action or proceeding.
Corrections
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not warrant that any information on the Services is accurate, complete, or current.
Miscellaneous
Entire Agreement
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Contentzilla regarding the Services and supersede all prior agreements and understandings.
Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver
Our failure 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 or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
Relationship
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Contentzilla.
Contact Us
If you have any questions about these Terms, please contact us:
Email: contact@contentzilla.com
Postal Address:
Contentzilla
Ballarat, Victoria, Australia, 3350