The Invincibility Collective Terms of Use
These Terms of Use, together with the Invincibility Collective’s Privacy Policy, set forth the terms and conditions (“Terms”) that apply to your access and use of the Invincibility Collective website, located at https://www.invincibilitycollective.org/, and other products, applications, and services offered by The Invincibility Collective, including beta versions and the Art of Peace.ai extension/bot (together, the “Services”). “The Invincibility Collective” includes the Invincibility Collective, Art of Peace LLC, and Peace Holdings Inc., and their respective officers, directors, employees, consultants, affiliates, subsidiaries, and agents. The Invincibility Collective’s Services may include, but are not limited to, communications coaching, providing learning and development tools, educational services and programs relating to media literacy, critical thinking, social and emotional learning, and the prevention of violence and extremism.
By using or accessing the Services, you agree to indemnify and hold harmless “The Invincibility Collective” including the Invincibility Collective, Art of Peace LLC, and Peace Holdings Inc., and their respective officers, directors, employees, consultants, affiliates, subsidiaries, and agents. Note that these Terms maybe updated from time to time in accordance with Section 9 below. THESE TERMS STATE THAT ANY DISPUTES BETWEEN YOU AND THE INVINCIBILITY COLLECTIVE MUST BE RESOLVED IN ARBITRATION OR SMALL CLAIMS COURT.
1. Access to Services. To use the Services, you must (i) be at least eighteen (18) years of age or at least thirteen (13) years of age or the minimum age required in your country to consent to use the Services, and if you are under eighteen (18), you must have the permission of your parent or legal guardian to use the Services; (ii) have not previously been suspended or removed from the Services; (iii) register for and use the Services in compliance with any and all applicable laws and regulations, and (iv) agree to and comply with these Terms, as well as any other documentation, guidelines, or policies we make available to you. Because the Invincibility Collective, Art of Peace LLC, and Peace Holdings Inc. provide a wide range of services, we may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. We may also release products and features that we are still testing and evaluating, which may be marked “beta,” “preview,” “early access,” “evaluation,” or with words or phrases with similar meanings. Please remember that these products may not be as reliable or as thoroughly tested as our other products and may contain errors. To improve and evaluate our Services, including these products, we will log and analyze information about how you use and interact with the Services, as described in our Privacy Policy.
2. Account Registration. To access some features of the Services, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from the Invincibility Collective for any purpose. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share your Registration Information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at https://www.invincibilitycollective.org/contact-us.
3. Payments. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You are responsible for all applicable taxes, and we will charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received. In the course of making a purchase of the Services, a third-party payment provider may receive and implement your credit card information from your credit card issuer. Our obligation to provide the Services arises when we take receipt of your purchase of Services from the third-party payment provider. You agree that you will not hold the Invincibility Collective responsible for any banking charges incurred due to payments made on your account. You further agree that all purchases are non-refundable, and we may change the fees or charges (and add new ones) in relation to any of the Services at any time at our discretion. If we increase our subscription prices, any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
4. Prohibited Conduct. You may not use our Services for any illegal, harmful, or abusive activity. You agree not to:
A. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
B. Violate, infringe or misappropriate or encourage others to violate, infringe or misappropriate the rights of third parties, including intellectual property rights;
C. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
D. Interfere in any way with security-related features of the Services;
E. Interfere with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
F. Access, monitor or copy any content or information of the Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without the Invincibility Collective’s express written permission;
G. Represent or mislead any third party that any output from the Invincibility Collective’s artificial intelligence, including generative artificial intelligence, machine learning or other algorithms and models (collectively, “Generative AI”) was solely human-generated;
H. Use any output relating to a person from the Invincibility Collective’s Generative AI for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them;
I. Use the Services to develop models, including foundation or large language models, that compete with the Invincibility Collective;
J. Reverse engineer, decompile or discover the source code or underlying components of the Services, including models, algorithms or systems, or assist anyone in doing so (except to the extent allowable by applicable law);
K. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
L. Modify, copy, lease, sell, otherwise transfer the access granted herein, or distribute any of our Services.
5. Third Party Content. The Services may contain links to third party websites and services. The Invincibility Collective provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that the Invincibility Collective has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content. The Invincibility Collective shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services. You also understand and agree that if any Generative AI output references any third party products or services, it does not mean the third party endorses or is affiliated with the Invincibility Collective.
6. Intellectual Property.
A. Your User Content and Your Licenses to the Invincibility Collective. You may provide text, documents or other materials to the Invincibility Collective through the Services (collectively, “User Content”). You represent and warrant that you have all rights, licenses, and permissions needed to provide User Content to our Services. As between you and the Invincibility Collective, you retain your ownership rights in your User Content and you grant the Invincibility Collective a worldwide, non-exclusive, royalty-free, perpetual license to store, reproduce, use, publish, publicly display, distribute, perform, modify, and create derivative works of your User Content in order to:
i. Operate, provide, customize, improve, and develop our Services and new features, including to help to train our Generative AI; and
ii. Troubleshoot, debug, and protect our Services.
We welcome your feedback and you acknowledge and agree that you relinquish all ownership rights in any feedback that you submit to the Invincibility Collective through the Services and that we can use that feedback without restriction, compensation or any obligation to you.
B. Our Ownership of the Services and License to You. The Services are protected by applicable copyright and other intellectual property laws, and no materials from the Services may be stored, used, copied, reproduced, republished, uploaded, posted, transmitted, modified, displayed, performed or distributed in any way without our express permission. All trademarks and service marks on the Services belong to the Invincibility Collective, except third-party trademarks or service marks, which are the property of their respective owners. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use our Services. You acknowledge that due to the nature of artificial intelligence and machine learning generally, our Generative AI outputs may not be unique and other users may receive the same or similar Generative AI outputs from our Services.
7. Indemnification. You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless the Invincibility Collective from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. The Invincibility Collective reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
8. Termination. If you violate these Terms, your permission to use the Services will automatically terminate. In addition, the Invincibility Collective, in its sole discretion, may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting the Invincibility Collective at https://www.invincibilitycollective.org/contact-us. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but the Invincibility Collective may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.
Upon termination for any reason, all the sections one would expect to survive will survive, including, but not limited to, “Disclaimers of Warranties,” “Limitation of Liability,” “Dispute Resolution by Binding Arbitration,” “General,” and “Intellectual Property.” Termination does not affect any amounts owed before that termination.
9. Modification of the Terms. The Invincibility Collective reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our application or website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
10. Disclaimers of Warranties. THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALTHOUGH THE INVINCIBILITY COLLECTIVE SEEKS TO MAINTAIN SAFE, SECURE, ACCURATE, AND WELL-FUNCTIONING SERVICES, WE CANNOT GUARANTEE THE CONTINUOUS OPERATION OF OR ACCESS TO OUR SERVICES, AND THERE MAY AT TIMES BE INADVERTENT TECHNICAL OR FACTUAL ERRORS OR INACCURACIES. THE INVINCIBILITY COLLECTIVE SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ANY/ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY GENERATIVE AI OUTPUTS IS DONE AT YOUR SOLE RISK. THE INVINCIBILITY COLLECTIVE DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE OUTPUT THAT MAY BE GENERATED FROM THE USE OF GENERATIVE AI FEATURES. DUE TO THE RAPIDLY EVOLVING AND PROBABILISTIC NATURE OF GENERATIVE AI TECHNOLOGY, THE INVINCIBILITY COLLECTIVE’S GENERATIVE AI MAY PRODUCE OUTPUTS THAT DO NOT ACCURATELY REFLECT FACTUAL INFORMATION AND YOU SHOULD NOT RELY ON THE INVINCIBILITY COLLECTIVE’S GENERATIVE AI AS A SINGLE SOURCE OF FACTUAL INFORMATION OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE INVINCIBILITY COLLECTIVE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11. Limitation of Liability. IN NO EVENT WILL THE INVINCIBILITY COLLECTIVE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE INVINCIBILITY COLLECTIVE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
THE INVINCIBILITY COLLECTIVE’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
12. Governing Law. These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Subject to Section 13, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and the Invincibility Collective agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within San Francisco County, California, for the purpose of litigating all such disputes.
13. Dispute Resolution by Binding Arbitration. In the interest of resolving disputes between you and the Invincibility Collective in the most expedient and cost effective manner, you and the Invincibility Collective agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration or litigation under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
14. Modification of the Services. The Invincibility Collective reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. If we discontinue any paid Services and do not replace with services of equal of higher functionality, we will give you advance notice and a refund for any prepaid, unused Services. You agree that the Invincibility Collective will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
15. General.
A. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and the Invincibility Collective regarding your use of and access to the Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
B. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
C. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
D. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
16. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Last updated: February 1, 2024