Last Updated: January 26, 2025
Welcome to Elyn.ai. These Terms of Service (“Terms”) form a legal agreement between you and Wanot AI (“Wanot AI,” “Company,” “we,” or “us”) and apply to your use of the Elyn.ai website (“Website”) and mobile application (“App”). Together with any content, tools, features, or functionality offered through the Website or App, these constitute our “Services.”
Please read these Terms carefully, as they affect your legal rights. By accessing or using the Services, you agree to be bound by these Terms. If you do not understand or agree to any part of these Terms, please stop using the Services.
In these Terms, “you” or “user” means the individual who uses the Services. If you use the Services on behalf of a company or other entity, then “you” includes both you as an individual and that entity. You represent and warrant that (a) you have the authority to bind that entity to these Terms, and (b) you agree to these Terms on behalf of that entity.
These Terms include a provision requiring individual arbitration of disputes. By agreeing to these Terms, you waive any right to a jury trial or to participate in any class or representative actions, as further described below.
When creating an account to use the Services, you agree to provide accurate, current, and complete information. If you are under the age of 13 (or under 16 for certain EU residents), you are not authorized to sign up for or use the Services.
You are responsible for maintaining the confidentiality of your account and password, as well as for all activity occurring under your account. You must immediately notify Wanot AI if you suspect any unauthorized use or security breach, and make sure to log out after each session. Wanot AI is not liable for any loss or damage arising from failure to comply with these security requirements.
Wanot AI may set guidelines and limits for the general use of the Services, such as how long data will be stored and how much storage space is allocated to you on our servers. You agree that Wanot AI is not liable for any deletion or failure to store data or content uploaded to the Services. We reserve the right to close accounts that remain inactive for a prolonged period and may change these guidelines at our sole discretion.
You consent to receiving notifications via the email address you provide. These may include updates about your account, changes to our services, marketing information, or other messages related to the Services.
In addition to complying with our Community Rules (incorporated herein by reference), you agree to the following conditions. You are solely responsible for any content you submit or share through the Services. The Services may be subject to the CreativeML Open RAIL-M License, and you agree to adhere to any applicable license terms and usage restrictions.
You agree not to submit any content that:
Additionally, you agree not to:
If the Services support voice or audio features in the future, you further agree not to:
Wanot AI reserves the right to investigate and take appropriate action if it believes, in its sole discretion, that you have violated any part of these Terms. Such action may include content removal, account suspension or termination, and reporting to law enforcement.
By submitting content to the Services, you represent and warrant that you own or have secured all necessary rights to do so. You retain ownership of your content. However, you grant Wanot AI, to the fullest extent permissible under law, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable license to copy, display, perform, distribute, store, modify, and otherwise use or commercialize your content in any manner or medium (existing now or developed in the future) for any purpose related to Elyn.ai. This includes the right to share it with third parties that have contractual relationships with Wanot AI.
While Wanot AI is not obligated to do so, we may review, edit, block, or remove content at any time if we believe it violates these Terms or the law.
Creating a Character: If you create an automated AI character (“Character”) using the Services, you own the rights to that Character as between you and Wanot AI. Likewise, the text, images, audio, or video outputs generated by the Character based on your inputs (“Generations”) belong to you. However, by using the Services, you grant Wanot AI a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable license to use, access, store, modify, display, distribute, and commercialize both the Character and all Generations for any purpose (e.g., allowing other users to interact with the Character, marketing the Services, etc.).
Interacting with Other Characters: When you interact with a Character created by Wanot AI or another user, you own any Generations produced in response to your prompts. However, you do not own the Character itself or any Generations created by others. You also grant Wanot AI the same license for any Generations you produce, allowing them to be used, displayed, distributed, modified, or commercialized.
The Services may contain content and features protected by copyright, patent, trademark, or other rights. You agree not to use data mining, robots, or similar methods to gather data from the Services. If your access is blocked (e.g., via your IP address), you will not attempt to override such measures.
All rights not expressly granted in these Terms are reserved by Wanot AI. The Elyn.ai name and logos are Wanot AI trademarks (“Wanot AI Trademarks”). Other marks on the Services may belong to third parties. No right or license to any trademark is granted under these Terms, and any goodwill generated by the use of Wanot AI Trademarks inures solely to Wanot AI.
Wanot AI is not responsible for third-party content, including third-party-generated Characters and Generations. Such content may be unpredictable or offensive, and you bear all risk associated with relying on it. Wanot AI reserves the right (but has no obligation) to remove any content at its discretion, including content it deems objectionable or in violation of these Terms.
Any ideas, suggestions, or feedback you provide to Wanot AI regarding the Services are considered non-confidential, and Wanot AI may use them without acknowledgment or compensation.
We may preserve and disclose content and associated metadata to the extent required by law, our Privacy Policy, or as we deem necessary to enforce these Terms or protect the rights, property, or safety of our users or the public.
Wanot AI respects intellectual property rights and asks users to do the same. If you believe your work has been used in a way that violates your copyrights or other IP rights, you may notify us as outlined below.
Wanot AI responds to valid notices of alleged infringement under the Digital Millennium Copyright Act (DMCA) and other applicable laws.
If your content was removed or disabled due to a DMCA notice and you believe this was in error, you may send a counter-notice that includes:
Wanot AI will send a copy of your counter-notice to the original complainant, and may restore the removed content after 14 business days unless the complainant files a lawsuit regarding the content.
In accordance with the DMCA and other laws, Wanot AI may, at its sole discretion, terminate or limit Services access for users who repeatedly infringe the intellectual property rights of others.
The Services or third parties may provide links or other access to external websites, resources, or applications. Wanot AI has no control over such third-party content or services and assumes no responsibility for them. Any interactions with such third parties are solely between you and the third party, and Wanot AI is not liable for any damages or disputes arising from those interactions.
You agree to release, indemnify, and hold harmless Wanot AI, its affiliates, and their respective officers, employees, directors, and agents from and against any losses, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to your use of the Services, any content you submit, your violation of these Terms, or infringement of any third-party rights.
Your use of the Services is at your own risk. The Services are provided “AS IS” and “AS AVAILABLE.” Wanot AI disclaims all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from a course of dealing or usage of trade. We do not warrant that the Services will meet your requirements, operate uninterrupted or error-free, or that any information obtained through the Services will be accurate or reliable.
Under no circumstances will Wanot AI be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, resulting from:
In no event will Wanot AI’s total liability to you exceed the greater of (i) USD $100, or (ii) the amount you have paid Wanot AI in connection with your use of the Services, if any.
Some jurisdictions do not allow certain warranty disclaimers or liability limitations, so some of the above may not apply to you. Your sole remedy if dissatisfied with the Services or these Terms is to discontinue use of the Services.
Any dispute or claim arising out of or relating to these Terms or your use of the Services shall be resolved exclusively by final, binding arbitration, rather than in court, except for claims eligible for small claims court. This arbitration agreement does not prevent you from contacting federal, state, or local agencies. By agreeing to these Terms, you and Wanot AI each waive the right to a jury trial or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this provision.
You and Wanot AI agree that each may bring claims against the other only in an individual capacity and not as a class member or representative. Unless you and Wanot AI agree otherwise, the arbitrator may not consolidate multiple claims or preside over any form of class or representative proceeding.
We encourage you to first contact our support to resolve disputes informally. Should that fail, either party must send a written Notice of Dispute to the other (e.g., via contact@wanot.ai). If a resolution is not reached within 60 days, either party may commence arbitration.
All aspects of the arbitration, including any ruling or award by the arbitrator, are strictly confidential for the benefit of both parties.
Wanot AI may suspend or terminate your account or access to the Services at its sole discretion, including for extended inactivity or if it believes you have violated the letter or spirit of these Terms. Wanot AI may also discontinue providing the Services at any time, with or without notice.
Termination of your account does not affect Wanot AI’s rights to the content you have provided or licensed to us. You agree that Wanot AI will not be liable for any damages or losses resulting from such suspension or termination.
These Terms constitute the entire agreement between you and Wanot AI regarding the Services and supersede all prior agreements.
If any provision of these Terms is found invalid by a court of competent jurisdiction, the parties intend that the court give effect to their intentions, and the remaining provisions will remain in full force and effect.
Wanot AI’s failure to exercise or enforce any right or provision under these Terms does not constitute a waiver of that right or provision.
Any claim or cause of action related to the Services or these Terms must be filed within one (1) year after it arises or be forever barred.
You may not assign these Terms without Wanot AI’s prior written consent. Wanot AI may assign or transfer these Terms without restriction.
We may provide notices to you via email, postal mail, or by posting information on the Services.
We reserve the right to modify or update any part of these Terms at our sole discretion. If changes are made, we will post the revised Terms and indicate the “last revised” date. Unless the changes address new legal requirements or functionalities and must take effect immediately, they will become effective 14 days after being posted. Your continued use of the Services after that date signifies acceptance of the new Terms.
For any questions regarding the Services or to report a violation of these Terms, please contact us atcontact@wanot.ai.
Thank you for choosing Elyn.ai. We appreciate your cooperation in abiding by these Terms.
Last Updated: January 26, 2025
This Privacy Policy (referred to as the “Policy” or “Privacy Policy”) explains how Wanot AI (“Elyn.ai,” “we,” “us,” or “our”) and its affiliates collect, use, and process personal information from or about you.
When you access or use our Services, we may gather various forms of information. The specific data we collect depends on how you interact with the Services. Please note that certain information is necessary for us to deliver the Services, and if you choose not to provide it or request its deletion, some functionality might become unavailable.
We and certain third-party service providers (including advertising networks and analytics companies) may use cookies, web beacons, and other tracking technologies to gather information about your devices (e.g., computers, mobile phones). Such automatically collected data may include, but is not limited to: browser type, ISP or operating system, domain name, access time, referring/exit pages, page views, IP address, unique device identifiers, and more...
We may acquire information about you from other individuals (e.g., referrals) or via third-party social platforms (e.g., Facebook, Instagram) when you interact with our social media profiles. If you connect your account to a third-party account (“Third-Party Account”), you enable us to receive certain information allowed by that platform’s policies...
We may use the information collected for the following purposes, among others: provide and operate the Services, personalize user experiences, communicate with you about the Services, respond to inquiries, analyze and enhance our Services (including AI model training), develop new products, detect and prevent fraud, comply with legal obligations, and fulfill any other purpose disclosed at the time of collection...
We may share the information we collect as follows: with affiliates, vendors and service providers, to protect Elyn.ai and others (e.g., legal process), with advertising and analytics partners, in business transactions (mergers, acquisitions), for user content visibility (e.g., group chats), or with your consent or direction...
We may use third-party analytics tools like Google Analytics to understand how users interact with our Services. We also allow third-party advertising networks to place cookies or similar technologies on your device to display targeted ads. You can opt out of such tracking through various industry opt-out pages...
You have certain choices regarding how we collect, use, and share your information. For example, you can adjust profile information in your account settings, opt out of marketing emails, manage cookies, or exercise data rights depending on your location (e.g., request deletion, correction, or access to your data)...
A. Residents of the EEA and UK: Elyn.ai is the “data controller” under GDPR/UK law. We identify our legal grounds (contractual necessity, consent, legitimate interests, or legal compliance). You have the right to lodge a complaint with your local data protection authority.
B. Residents of Nevada: You may opt out of the sale of certain personal information.
C. Residents of California: We comply with the CCPA by disclosing categories of data collected and whether it is sold or shared. You can exercise additional rights described under CCPA...
Our Services are not intended for individuals under 13 (or under 16 in certain jurisdictions), and our Terms of Service prohibit use by those minors. If we discover that a child under 13 has provided personal information without parental consent, we will delete that data in accordance with COPPA.
We implement technical, administrative, and physical measures to protect information against unauthorized access. However, no method of transmission or storage is 100% secure, so we cannot guarantee absolute security.
A. General Policy: We retain personal information only as long as necessary for the purposes collected and for legal or compliance needs. B. Exception for Popular Characters: If you create a highly popular public character, we may keep its attributes active even if you delete your account, to avoid disrupting other users.
Because Elyn.ai operates globally, your information may be transferred to countries with different data protection laws. By using our Services, you consent to such transfers.
Our Services may contain links to external websites or services. We are not responsible for their content or data practices. We encourage you to review their respective privacy policies.
We may revise this Policy to reflect changes in laws, our data practices, or our Services. The “Last Updated” date indicates when changes were made. Continuing to use the Services indicates your acceptance of these changes.
If you have any questions about this Privacy Policy or our data handling practices, please reach out to us atcontact@wanot.ai.
This Privacy Policy governs the collection, use, and sharing of personal data when using Elyn.ai Services. For any matters not covered here, please see our Terms of Service and applicable laws.
Last Updated: January 26, 2025
At Elyn.ai, we strive to provide the best possible experience for our users. If you are not completely satisfied with your purchase, we offer a refund policy under the following conditions:
Please note that once Orbs or other virtual currency have been used, they cannot be refunded. For any questions regarding our refund policy, please contact us at contact@wanot.ai.