1. OUR SERVICES
We offer a self-help program based on communication with your
personal chatbot through a text and voice interface.
1.1. Medical disclaimer
We are a provider of software and content designed to improve
your mood and emotional wellbeing. However we are not a
healthcare or medical device provider, nor should our Services
be considered medical care, mental health services or other
professional services. Only your physician or other healthcare
providers can do that. While there is third party evidence from
research that certain conversation techniques implemented in our
app can assist in the recovery process for a wide array of
conditions, we make no claims, representations or guarantees
that the Services provide a therapeutic benefit.
1.2. Emergencies
Use of the Services is not for emergencies. If you think you
have a medical or mental health emergency, call 911 or go to the
nearest open clinic or emergency room.
If you are considering or committing suicide or feel that you
are a danger to yourself or others, you must discontinue use of
the Services immediately, call 911 or notify appropriate police
or emergency medical personnel.
1.3. Modifications to the Services
We reserve the right to modify or discontinue, temporarily or
permanently, the Services (or any part thereof) with or without
notice. You agree that we will not be liable to you or to any
third party for any modification, suspension or discontinuance
of any Services.
2. CONDITIONS OF USE
2.1. User conduct
You are solely responsible for all code, video, images,
information, data, text, software, music, sound, photographs,
graphics, messages or other materials (“content”) that you
upload, post, publish or display (hereinafter, “upload”) or
email or otherwise use via the Services. The following are
examples of the kind of content and/or use that is illegal or
prohibited by us. We reserve the right to investigate and take
appropriate legal action against anyone who, in our sole
discretion, violates this provision, including without
limitation, removing the offending content from the Services,
suspending or terminating the account of such violators and
reporting you to the law enforcement authorities. You agree to
not use the Services to:
· Email or otherwise upload any content that (i) infringes any
intellectual property or other proprietary rights of any party;
(ii) you do not have a right to upload under any law or under
contractual or fiduciary relationships; (iii) contains software
viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; (iv) poses
or creates a privacy or security risk to any person; (v)
constitutes unsolicited or unauthorized advertising, promotional
materials, commercial activities and/or sales, “junk mail,”
“spam,” “chain letters,” “pyramid schemes,” “contests,”
“sweepstakes,” or any other form of solicitation; (vi) is
unlawful, harmful, threatening, abusive, harassing, tortious,
excessively violent, defamatory, vulgar, obscene, pornographic,
libelous, invasive of another’s privacy, hateful racially,
ethnically or otherwise objectionable; or (vii) in the sole
judgment of us, is objectionable or which restricts or inhibits
any other person from using or enjoying the Services, or which
may expose us or its users to any harm or liability of any
type;
· Interfere with or disrupt the Services or servers or networks
connected to the Services, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Services; or Violate any applicable local, state, national or
international law, or any regulations having the force of
law;
· Impersonate any person or entity, or falsely state or
otherwise misrepresent your affiliation with a person or
entity;
· Solicit personal information from anyone under the age of
18;
· Harvest or collect email addresses or other contact
information of other users from the Services by electronic or
other means for the purposes of sending unsolicited emails or
other unsolicited communications;
· Advertise or offer to sell or buy any goods or services for
any business purpose that is not specifically authorized;
· Further or promote any criminal activity or enterprise or
provide instructional information about illegal activities;
or
· Obtain or attempt to access or otherwise obtain any materials
or information through any means not intentionally made
available or provided for through the Services.
2.2. Special notice for international use; Export controls
Software (defined below) available in connection with the
Services and the transmission of applicable data, if any, is
subject to United States export controls. No Software may be
downloaded from the Services or otherwise exported or
re-exported in violation of U.S. export laws. Downloading or
using the Software is at your sole risk. Recognizing the global
nature of the Internet, you agree to comply with all local rules
and laws regarding your use of the Service, including as it
concerns online conduct and acceptable content.
2.3. Commercial use
The Service is for your personal use only. Unless otherwise
expressly authorized herein or in the Services, you agree not to
display, distribute, license, perform, publish, reproduce,
duplicate, copy, create derivative works from, modify, sell,
resell, exploit, transfer or upload for any commercial purposes,
any portion of the Services, use of the Services, or access to
the Services.
2.4. Use of minors
If you are under 18, you are not authorized to use the Services,
with or without registering.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. We own licenses or otherwise retain all intellectual
property rights in the Service, absolutely. Those rights
include, but are not limited to, database rights, copyright,
design rights (whether registered or unregistered), patents,
trademarks (whether registered or unregistered) and other
similar rights, wherever existing in the world, together with
the right to apply for protection of the same. The Service is
protected by copyright, trademark, and other laws of both the
United States and foreign countries. Our trademarks and trade
dress may not be used in connection with any product or service
without our prior written consent.
By your use of our Service you automatically grant, represent
and warrant that You have the right to grant to our app an
irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute such
information and content and to prepare derivative works of, or
incorporate into other works, such information and content, and
to grant and authorize sublicenses of the foregoing.
3.2. Copyright policy. You may not post, distribute, or
reproduce in any way any copyrighted material, trademarks, or
other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights. Without
limiting the foregoing, if you believe that your work has been
copied and posted on the Service in a way that constitutes
copyright infringement, please supply our copyright agent with
the following information: an electronic or physical signature
of the person authorized to act on behalf of the owner of the
copyright interest; a description of the copyrighted work that
you claim has been infringed; a description of where the
material that You claim is infringing on such copyright is
located on our app; Your address, telephone number, and email
address; a written statement by You that You have a good faith
belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; a statement by you, made under
penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
3.3. User content transmitted through the Services.With respect
to the content or other materials you upload through the
Services or share with other users or recipients (collectively,
“User Content”), you represent and warrant that you own all
right, title and interest in and to such User Content,
including, without limitation, all copyrights and rights of
publicity contained therein. By uploading any User Content you
hereby grant and will grant our app and its affiliated companies
a nonexclusive, worldwide, royalty-free, fully paid up,
transferable, sublicensable, perpetual, irrevocable license to
copy, display, upload, perform, distribute, store, modify and
otherwise use your User Content in connection with the operation
of the Services or the promotion, advertising or marketing
thereof in any form, medium or technology now known or later
developed.
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback or other information about the
Services (“Submissions”), provided by you to us are
non-confidential and we will be entitled to the unrestricted use
and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation
to you.
You acknowledge and agree that we may preserve content and may
also disclose content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process, applicable laws or
government requests; (b) enforce these Terms of Service; ©
respond to claims that any content violates the rights of third
parties; or (d) protect the rights, property, or personal safety
of our , our users and the public. You understand that the
technical processing and transmission of the Services, including
your content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical
requirements of connecting
4. LINKS TO OTHER WEBSITES
Our Service may contain links to third party web sites or
services that are not owned or controlled by us. We have no
control over, and assume no responsibility for the content,
privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these
entities/individuals or their websites.
You acknowledge and agree that we 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 use of or reliance
on any such content, goods or services available on or through
any such third party web sites or services.
We strongly advise you to read the terms and conditions and
privacy policies of any third party web sites or services that
you visit.
5. INDEMNIFICATION
You agree to defend, indemnify and hold us and our licensee and
licensors, and their employees, contractors, agents, officers
and directors, harmless from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees),
resulting from or arising out of a) your use and access of the
Service, by you or any person using your account and password,
or b) a breach of these Terms. This indemnity shall be
applicable without regard to the negligence of any party,
including any indemnified person.
6. LIMITATION OF LIABILITY
Except in jurisdictions where such provisions are restricted, in
no event shall we, nor our directors, employees, be liable for
any indirect, incidental, special, consequential or punitive
damages, including without limitation, loss of profits, data,
use, goodwill, or other intangible losses, cost of procurement
of substitute Service or Service interruptions, even if we know
or have been advised of the possibility of such damages
resulting from (i) your access to or use of or inability to
access or use the Service; (ii) any conduct or content of any
third party on the Service; (iii) any content obtained from the
Service; and (iv) unauthorized access, use or alteration of your
transmissions or content, whether based on warranty, contract,
tort (including negligence) or any other legal theory, whether
or not we have been informed of the possibility of such damage,
and even if a remedy set forth herein is found to have failed of
its essential purpose. Notwithstanding anything to the contrary
contained herein, our liability to you for any cause whatsoever,
and regardless of the form of the action, will at all times be
limited to the amount paid, if any, by you to us for the Service
during the term of use of your account.
7. Subscription and Paid Services
7.1. We provide you with different subscription packages, such
as basic package, advanced package, monthly subscription, annual
subscription, etc. We will modify or update the subscription
service based on product development needs. Where permitted by
the App Market, you may subscribe to the Service through in-app
purchases.
You can only access a paid subscription while it is active and
ongoing.
7.2. We can also purchase diamonds to enjoy other
non-subscription functions of the App, such as listening to
voice messages, setting alarms, giving gifts, etc.
7.3. Renewal subscription fees will continue to be automatically
charged to the payment method you provide through the
Marketplace until cancellation. If you do not wish to renew your
subscription, you should cancel your subscription before
renewing each billing cycle to avoid being charged the next
subscription fee to your provided payment method. You may not
request a refund for any part of your subscription term. You can
only modify or cancel a paid subscription through the app store
where you originally obtained the subscription. To view, modify,
or cancel your subscription, the marketing partner may require
you to authenticate using the same user ID.
7.4. If you purchase a subscription through the Apple iTunes
Store, the sale is final and no refunds will be provided. Your
purchase will be subject to Apple's applicable payment policies,
which may not provide refunds.
8. DISCLAIMER
Your use of the Service is at your sole risk. The Service is
provided on an "AS IS" and "AS AVAILABLE" basis and is provided
without warranties of any kind, whether express, statutory or
implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose,
non-infringement or course of performance.
We and our subsidiaries, affiliates, and licensors do not
warrant that a) the Service will function uninterrupted, secure
or available at any particular time or location; b) any errors
or defects will be corrected; c) the Service is free of viruses
or other harmful components; d) the results of using the Service
will meet your requirements and expectations or success.
Although each user must agree to the Terms, we cannot guarantee
that each user is at least the required minimum age, nor do we
accept responsibility or liability for any content,
communication or other use or access of the Service by persons
under the age of 18 in violation of this Terms. In addition, it
is possible that other users (including unauthorized users, or
“hackers”) may post or transmit offensive or obscene materials
through the Service and that you may be involuntarily exposed to
such offensive or obscene materials. It also is possible for
others to obtain personal information about you due to your use
of the Service. Those others may use your information for
purposes other than what you intended. We are not responsible
for the use of any personal information that you disclose on the
Service. Please carefully select the type of information that
you post on the Service or release to other users. WE DISCLAIM
ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR
OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER
SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR
OTHERWISE. Under no circumstances will we be responsible for any
loss or damage, including personal injury or death, resulting
from anyone’s use of the Service, any content posted or
transmitted to users, or any interactions between users, whether
online or offline.
9.Contact us
If you have any questions about these Terms, please contact us
at ops@aifriend.dating
