Terms of Service

Updated July 2024

At Highlight AI, we provide an online Platform that enables our Users to create and share applications that can act on context, and access the best applications made by us and our community within a safe and friendly environment, via our Products, and related services (together: the Services). We offer our Services via our Desktop app (App) and our Website: highlight.ing.

These Terms of Service (the Terms) apply to the relationship between Highlight AI and the Users of the Services. Use of the Services is conditional upon acceptance of and compliance with these Terms. Highlight AI may amend these Terms from time to time. The latest version of the Terms applies to the relationship between Highlight AI and the User.

Please read these Terms carefully, and contact us if you have any questions. In addition, please take note of our Community Standards.

1. WHO CAN USE HIGHLIGHT AI

1.1

You may use our Services only if you can form a binding contract with Highlight AI, and only in compliance with these Terms and all applicable laws.

1.2

When you create your Highlight AI account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 (thirteen) is prohibited.

2. REGISTRATION AND ACCOUNT

2.1

You can use our Services with or without an account. If you sign up for an Account, you can do so via your e-mail address or phone number. Please note that an Account gives you access to more features on the Platform.

2.2

We require you to choose a password that is at least 8 (eight) characters long and we recommend you to include letters, symbols and numbers and not use it for other services. You are fully responsible for not disclosing your login credentials and the use of your Account to anyone.

2.3

When you create your Account, you agree to only provide correct and complete information. You are responsible for the accuracy of the data in your Account and Highlight AI cannot be held liable in that respect.

2.4

If, for whatsoever reason, your Account is blocked or deleted, you are no longer entitled to use the Platform in any way (whether through that Account, another Account, or without an Account).

2.5

You may not allow use of your Account by any unauthorised third party nor others that do not have the authority to represent you. You guarantee that any third party that uses your Account is authorised to represent you.

2.6

If you use our Services on behalf of a company, organization, or other entity, then "you" includes you and that entity, and you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

2.7

The Services, Platform and our Apps are continuously updated. You agree that these Terms will apply to all (future) versions thereof, unless we have stated otherwise.

2.8

We reserve the right to refuse Services to anyone. We are entitled to suspend, block or delete your Account, including but not limited to cases where Highlight AI receives a legitimate notice-and-take-down or DMCA request, in case of violation of one or more of the applicable Terms, any form of fraud, intentional abuse or any willful misconduct (or attempt thereto) in using any of our Services or disruption of a proper functioning of the Platform.

3. (PROHIBITED) USE OF THE PLATFORM

3.1

Before using our Platform, we ask you to take note of our Community Standards, that describe Highlight’s policies on various important topics. The Community Standards form an integral part of these Terms and can be accessed via the link at the top of these terms. Make sure your use of the Platform is in accordance with these policies, including the Community Standards.

3.2

You must ensure that your use of the Services is in accordance with these Terms and for the purpose for which AI intended the Platform/Services. You may not use the Services in any way that impairs the integrity or continuity of Highlight’s systems and/or the Services.

3.3

It is your responsibility to use the Services in compliance with applicable law and with any third party rights. More specifically (without limitation), you are not allowed to use the Services:

3.4

If you act contrary to this provision, we reserve the right to block and/or terminate your Account and/or use of the Services at any time and to remove all information relating to your misconduct.

3.5

You are not permitted to disclose, reproduce or otherwise exploit (parts of) the Services, including the content related therein, such as, but not limited to, music or other auditory functions made available through the Platform. The Services are for personal use only. Unless otherwise expressly authorized herein or by us, you agree not to display, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services.

4. INTELLECTUAL PROPERTY AND USER GENERATED CONTENT

4.1

Highlight AI is the exclusive owner of all intellectual property rights vested in and/or arising from the Platform (including the underlying source and object code) and Services, including, but not limited to, patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know how, property rights and processes (the Intellectual Property Rights).

4.2

As long as you comply with these Terms and our policies (including our Community Standards), we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use our Platform and Services.

4.3

Highlight AI allows you to post content, including applications and other materials on the Platform. Anything that you post or otherwise make available, in the broadest sense, on the Platform is referred to as User Generated Content. You retain all (Intellectual Property) rights in, and are solely responsible for, the User Generated Content you post on the Platform. By uploading any User Generated Content, you represent and warrant that:

4.4

You grant Highlight AI, and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (perpetually, if permitted under applicable law), a non-exclusive, unrestricted, irrevocable, royalty-free, transferable, fully sublicensable, worldwide license to use, store, display, reproduce, save, modify, adapt, publish, translate, create derivative works from, perform distribute and/or redistribute, all or a part of your User Generated Content, in any form, format (digitally or otherwise), media, or media channels now known or later created, for the purposes of, including but not limited to, operating, developing, providing, using, promoting, and marketing the Platform, the Products, the Services, the App and/or the Website. Nothing in these Terms shall restrict other legal rights Highlight AI may have to User Generated Content, for example under other licenses.

4.5

The license granted in section 2.4 includes but is not limited to the (re)distribution of a part or all of the User Generated Content, to and/or through third parties.

4.6

Unless otherwise required by applicable law, Highlight AI will not monitor the User Generated Content uploaded or shared via the Platform. However, we reserve the right to remove or modify any User Generated Content if we are notified that the content or information violates these Terms or our policies, or otherwise is unlawful or inappropriate. You can notify us of such content via the Report-button on the Platform, a Notice-and-Take-Down request or (for copyright issues) via a DMCA-request. In this respect, please read our DMCA-policy.

4.7

Highlight AI takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for users, or otherwise unsuited to your purpose.

4.8

Following termination or deactivation of your account, or if you remove any User Generated Content from Highlight AI, we may retain your User Generated Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, copies of content shared with others may remain outside the Platform, even after you delete the content from your account. Highlight AI and its Users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Generated Content that other users have stored or shared through Highlight AI.

4.9

We value hearing from our users, and are always interested in learning about ways we can make Highlight AI more awesome. If you choose to submit comments, ideas or feedback (example via discord.gg/hlai), you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Highlight AI does not waive any rights to use similar or related Feedback previously known to Highlight AI, or developed by its employees, or obtained from sources other than you.

5. PRIVACY

5.1

When you use our Services, we will process certain personal data about you. We will process your personal data in accordance with our Privacy Policy, which can be found on highlight.ing/privacy.

5.2

By publicly posting content on the Platform, you are directing Highlight AI to disclose that information as broadly as possible, including through our APIs and via its partners (such as Microsoft).

6. AVAILABILITY OF THE SERVICES, DISCLAIMER OF WARRANTIES

6.1

The Platform is available through the Website and via our Apps.

6.2

The Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

6.3

We will make reasonable efforts to ensure the availability of the Services at all times. However, we do not make any commitments with regard to the availability, continuity, functionality or usability of the Services, nor do we make any other commitments other than those expressly set out in these Terms. You acknowledge that the Services are provided over the internet and mobile networks and thus the quality and availability of the Services may be affected by factors outside our reasonable control.

6.4

We have the right to partially or entirely terminate, suspend or alter the provision of the Services at any time, without prior notification, and for any reason at its sole discretion, for example (without limitation) if we have reason to believe that you act in violation of these Terms, applicable law or the rights of a third party, or we decide to cease or alter one or more of our services in general.

6.5

We care about the security of our users. While we work to protect the security of your content and account, Highlight AI cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

6.6

We reserve the right to modify the Services at any time.

6.7

We reserve the right to wholly or partially use third parties to supply the Platform at any time.

6.8

HIGHLIGHT AI SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

7. TERM AND TERMINATION

7.1

The agreement between you and Highlight AI reflected by these Terms is effective when you access the Platform or use other Services, for example by creating an Account, and remains in effect for as long as you use our Services (and are allowed to do so).

7.2

You may terminate this agreement at any time by deleting your Account and stopping to use our Services. We may terminate this agreement immediately and without notice and stop providing access to the Services if you breach these Terms, our Community Standards, you violate applicable laws, or we reasonably believe termination is necessary to protect us, other Users or other third parties. In such case, the license provided by Highlight AI is also terminated.

7.3

If your Account has been inactive for more than two (2) years, we may terminate your Account after we have sent you a reminder and you have not taken any action within the time frame specified by us.

8. LIMITATION OF LIABILITY

8.1

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIGHLIGHT AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

8.2

IF HIGHLIGHT AI IS LIABLE FOR ANY REASON, THIS LIABILITY SHALL BE LIMITED TO AN AMOUNT OF ONE HUNDRED EURO (€ 100).

8.3

Nothing in these Terms will exclude or limit our liability if this cannot be excluded or limited under the applicable law.

9. INDEMNITY

9.1

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Highlight AI and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including, but not limited to, costs of defense), arising out or in any way connected with:

10. THIRD-PARTY LINKS, SITES, AND SERVICES

Our Platform and Website may contain (back)links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by ighlight AI. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from ighlight AI, you do so at your own risk and you agree that ighlight AI will have no liability arising from your use of or access to any third-party website, service, or content.

11. MISCELLANEOUS

11.1

ighlight AI reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose.

11.2

We may revise these Terms from time to time and the most current version will always be posted on our Website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

11.3

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ighlight AI without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

11.4

These Terms, together with any amendments and any additional agreements you may enter into with ighlight AI in connection with the products, shall constitute the entire agreement between you and ighlight AI concerning the Services.

11.5

If any provision of these Terms is deemed unlawful, void, voidable or otherwise unenforceable, this does not affect the validity and enforceability of the remaining provisions of these Terms. The unlawful, void, voidable or otherwise unenforceable part shall be deemed replaced by a valid and enforceable provision that achieves the aim and scope of the replaced provision closely.

11.6

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ighlight AI’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12. DISPUTE RESOLUTION, LAW AND JURISDICTION

12.1

These Terms shall be governed by the laws of the United States.

12.2

For any dispute you have with Highlight AI, you agree to first contact us and attempt to resolve the dispute with us informally. If Highlight AI has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms under the jurisdiction of the Courts in California, The United States, except as otherwise provided by mandatory law.

12.3

Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.


Highlight US Inc, trading under the name Highlight AI
6 W 83rd St.
New York, New York 10024
United States
Website: highlight.ingSupport: discord.gg/hlaiTwitter: @tryhighlight