Terms of service
These Terms of Services (“Terms”, “Agreement”) govern your access to and use of the services provided by SuperChatCompany OÜ, a limited liability company registered in Estonia at the address Harju maakond, Tallinn, Kesklinna linnaosa, Harju tn 3 // Vana-Posti tn 2 (“AmigoChat”, “We” and its derivatives) and form a legally binding Terms between AmigoChat and you or the entity you represent (“you”, "your"). Before using the services, please read these Terms carefully.
AmigoChat provides services which are described in Section 3 of these Terms via its website https://www.amigochat.io/, related desktop, mobile and other applications (collectively the “Site”).
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AND JURY TRIAL AS DESCRIBED IN SECTION 16.
PLEASE ALSO NOTE THAT ACCORDING TO SECTION 4 BELOW, THESE TERMS DO NOT GOVERN ANY INTERACTIONS YOU MAY HAVE WITH OUR THIRD PARTY SERVICE PROVIDERS. EVERY THIRD PARTY SERVICE PROVIDER HAS ITS OWN TERMS.
1. TERMS BINDINGNESS
You are considered a party to this Agreement and deemed to have agreed with the Terms by using the Services and/or browsing the Site i.e you have provided a legally valid consent to become a party to the Agreement.
By using the Services and browsing the Site, you acknowledge that:
any use of the Services is subject to these Terms;
you have carefully read, understand and agree with these Terms;
you are of a legal age;
you have the authority to enter into the Terms personally or on behalf of the legal entity for whom you are using the Service.
AmigoChat reserves the right to modify these Terms at any time and at our sole discretion. In case of any change, we will amend the date of the last update at the beginning of these Terms. By continuing using our Services, you are agreeing to new changes and will be legally bound by the new changes. Please check this page regularly for updates.
IF YOU DO NOT AGREE TO THE TERMS, YOU SHALL NOT USE THE SERVICE OR THE SITE.
2. ELIGIBILITY CRITERIA
You can only use the Service if you are considered to be of legal age to be able to conclude the agreement and use such Service. If you are not of a legal age, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of legal majority, you agree to be fully responsible for the acts or omissions of such user in connection with the Services.
You may use our Services for lawful purposes only. You agree not to use our products and services for any illegal, harmful, or unauthorized purposes.
3. SERVICES
AmigoChat provides software related to artificial intelligence and data analytics to allow you access neural network models (“Models”) such as Stable Diffusion, Realistic vision, GPT4, Dalle-3, Whisper, and other AI models (the “Services”).
AmigoChat is a front-end interface between you and the Models allowing you to carry on different assignments. You can interact with the Models by sending a message i.e. submitting texts, images, audio recordings, or other information (“Content”) via WhatsApp or Telegram. The Models may assist you with finding answers to your questions and with generating some results (e.g. making summarries, images, videos, voice notes, etc.). We integrate different third parties AI Models that will be assisting you with carrying out your assignments.
We save your prompts on our servers for as long as they are necessary to give context to the Models and to allow them to perform your assignments. Once the assignment has been completed, all the prompts are erased permanently from our servers.
Please note that by interacting with the Models, you may encounter content that you may see as inappropriate for you. Please contact us at [email protected] if you find any of the content to be offensive or inappropriate to you. We will promptly take the action and it will help us to train the algorithm better.
4. THIRD PARTY SERVICES
AmigoChat may integrate or may allow you to access services developed by third parties (“Third Party Service”). AmigoChat retains the exclusive right to add to, modify, or cancel the availability of any Third Party Service. In the event that a Third-Party Service, which is integral to the functionality of our Service, is closed down or ceases operation for any reason, thereby affecting your usage of our Service, we shall not be held liable for any damages, losses, or inconveniences arising from such termination.
5. FEES
Fees, if applicable to the Services or any part of the Services, shall be displayed on the Site and/or in the AmigoChat desktop or mobile applications.
AmigoChat offers you some free of charge functionalities and also subscription plans for a fee. Subscription plans provide access to enhanced services and additional features which you can only use on a limited, personal, non-transferable and non-sublicensable basis.
If you plan to cancel your subscription, you shall do it before it renews to avoid paying the subscription fees for the next billing period. We reserve the right to modify, terminate, or otherwise amend the subscription plans.
You can cancel your subscription plan by signing in to your Account and following the instructions for canceling your subscription.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
6. YOUR ACCOUNT
AmigoChat may require you to register an account (“Account”). By creating an Account, you agree to: (i) provide accurate, current, and complete information for your Account, (ii) maintain and promptly update, as necessary, your Account information, (iii) maintain the security of your Account login information, (iv) be responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent, and (v) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. You are entirely responsible for maintaining the confidentiality, security and control of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
7. CONTENT, YOUR RIGHTS AND OBLIGATIONS
You may submit Content, such as text, images, and other materials, to our products and Services. By submitting content, you grant us a non-exclusive, transferable, royalty-free license to use, modify, and distribute your Content. You are also responsible for the Content that you submit and/or post to the Service, including its legality, reliability, and appropriateness.
You warrant that: (i) you own the Content you submit or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) your Contents do not violate any applicable laws or any other rights of any person.
You shall not submit, edit, create, store or share any Content that violates these Terms. You agree to indemnify, defend and hold AmigoChat harmless for any unauthorized use of third-party user Content you might commit (both intentionally or unintentionally).
You agree that you will not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights, and you are solely responsible for the Content and for all activity that occurs while using our Services. You represent, warrant and agree that you will not use AmigoChat by uploading the Content or otherwise (all of the following conduct includes any attempts to perform any of the following):
To engage in any harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking or otherwise objectionable conduct including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
For sale or to the benefit of any third party or in any manner not permitted by these Terms.
To decipher, decompile, disassemble or reverse engineer any aspect of AmigoChat such as the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas or algorithms), do anything that might discover the source code, bypass or circumvent measures employed to prevent or limit your access to any part of AmigoChat.
To circumvent any content-filtering techniques we employ or to access any feature or area of AmigoChat that you are not authorized to access.
To develop or to use any third-party applications that interact with AmigoChat without our prior written consent, including any scripts designed to scrape or extract data from AmigoChat.
To display, mirror or frame AmigoChat, or any individual element within AmigoChat, the our name, our trademark, logo or other proprietary information without our express written consent.
To use any meta tags or other hidden text or metadata utilizing our trademark, logo URL, product or services name without our express written consent.
To gain unauthorized access to, interfere with, damage, or disrupt any server, computer or database connected to AmigoChat.
To copy, modify, host, stream, sublicense, or resell AmigoChat.
For any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
To place an advertisement of any products or services in AmigoChat except with our prior written approval.
To violate any applicable law or regulation.
To encourage, assist or enable any other party to do any of the foregoing.
To create Content such as spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
You may only share the Content that is non-confidential and you have all necessary rights to disclose. You may not upload, edit, create, store or share any Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent.
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or otherwise create liability or violate any local, state, national or international law.
Sexualizes other people. including minors, or that is intended to facilitate inappropriate interactions with minors, other users or the public.
May infringe, misappropriate or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person.
Contains any private or personal information of any person without such person’s consent.
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.
Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying AmigoChat, or that may expose us or others to any harm or liability of any type.
Due to the fact that we connect to Stable Diffusion AI technology via AIMLAPI, you additionally represent, warrant and agree that you will not use AmigoChat feature with Stable Diffusion AI technology and (or) Stable Diffusion AI technology (Copyright (c) 2022 Robin Rombach and Patrick Esser and contributors) in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license, and, in particular:
In any way that violates any applicable national, federal, state, local or international law or regulation.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way.
To generate or disseminate verifiably false information and/or content with the purpose of harming others.
To generate or disseminate personal identifiable information that can be used to harm an individual.
To defame, disparage or otherwise harass others.
For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation.
For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics.
To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm.
For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories.
To provide medical advice and medical results interpretation.
To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
You, furthermore, agree to abide by the Stable Diffusion AI technology license. We have the right to monitor your use of AmigoChat to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects us. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the applicable law.
We also reserve the right, but not the obligation, to, in our sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. We further reserve the right to make formatting and edits and change the manner of any Content. As we cannot control all content submitted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances we will be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. Please contact us at [email protected] ]if you find any of the content to be offensive or inappropriate to you, we will promptly take the action and it will help us to train the algorithm better.
You are liable in full to AmigoChat for any damage caused by You to AmigoChat by breaching any of these obligations.
8. AMIGOCHAT’S RIGHTS AND OBLIGATIONS
AmigoChat may, in its sole discretion and without cost to you and at any time, modify or discontinue, temporarily or permanently, any portion of the Services.
We may close, suspend or limit your access to AmigoChat for a reason or without reason. Without limiting the foregoing, we may close, suspend or limit your access to AmigoChat if you violate these Terms.
You agree that we have the right at any time and on our sole discretion without prior notice to you to change, expand, improve or stop providing parts or all the Services to you.
9. COPYRIGHT INFRINGEMENT
We commit to respecting legitimate rights of copyright owners and complying with applicable laws. Once we are aware that any materials including your Content constitutes copyright infringement, we will take actions and/or remove such materials or Content. For more information or further requests, please contact us at [[email protected]].
10. INTELLECTUAL PROPERTY
The Service and its original content (except Content provided by you or other users), features and functionality are and will remain the exclusive property of AmigoChat. The Service is protected by copyright, trademark, and other European and international laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
11. DISCLAIMER OF WARRANTIES
The Services are provided to you “as-is” and without any warranty whatsoever, to the maximum extent permissible by law. Without limiting the generality of the foregoing, AmigoChat does not warrant that our Service is fit for your purpose, even if you have previously provided notice of your intended purpose, and does not warrant that AmigoChat will operate in a virus free manner.
12. LIMITATION OF LIABILITY
IN NO EVENT WILL AMIGOCHAT OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE TO YOU FOR: ANY DIRECT DAMAGES OR ANY LOST PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THE CONTENT, WHETHER OR NOT AMIGOCHAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY ASSERTED, WHICH HAVE RESULTED FROM: (I) YOUR USE OF, OR CONDUCT IN CONNECTION WITH, OUR SERVICES; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION).
IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU HAVE BEEN PAID TO USE AMIGOCHAT PAID FEATURES. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.
13. RELEASE OF LIABILITY
To the fullest extent permitted by applicable law, you release AmigoChat from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the users and the acts or omissions of third parties.
If you are a California user, you expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
14. INDEMNITY
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors, from and against any and all claims, damages, obligations, losses, liabilities, tort, costs or debt, and expenses (including, but not limited to, attorney’s fees or other legal costs) arising from: (a) your use of and access to the Services; (b) any feedback or Content you provide to us; (c) violation of any third party content (d) your violation of the Terms; or (e) your violation of any law, rule, or regulation, or the rights of any third party.
15. TERM AND TERMINATION
The Terms commence on the date when you accept them and remain in full force and effect for so long as you access or use the Service or the Site. The contents of the terms may change from time to time as prescribed in these Terms.
We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. In the event of termination, your obligations under this Agreement will still continue.
16. ARBITRATION, WAIVER OF CLASS ACTION AND JURY TRIAL AND GOVERNING LAW
This Agreement is governed by the laws of the Republic of Estonia. Any disputes arising from or in relation with this Agreement shall be first tried to be settled by negotiations between you and AmigoChat. In the case we do not reach consensus with you, you agree that ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. YOU HEREBY WAIVE TRIAL BY JURY.
Any dispute, controversy or claim arising out of or in connection with this Agreement or your use of the Services on an individual basis shall be finally settled in arbitration conducted in accordance with the rules of the Arbitration Court of the Estonian Chamber of Commerce and Industry in Tallinn, Estonia, by a sole arbitrator, in the English language, with limited discovery. At your request the hearings may be conducted in person or virtually, and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings.The arbitration shall be kept confidential and you shall not disclose to any person, other than those necessary to the proceedings, the existence of the arbitration, any information submitted during the arbitration, any documents submitted in connection with it, any oral submissions or testimony, transcripts, or any award unless disclosure is required by law or is necessary for permissible court proceedings, such as proceedings to recognize or enforce an award. In case arbitration is excluded by relevant applicable law, the court for any disputes shall be the Harju District Court (Harju Maakohus) in Estonia.
Other than procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO LEGAL COSTS AND ATTORNEYS’ FEES. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE NOT TO COMMENCE A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.
17. PRIVACY
By using the Service, you agree that AmigoChat may collect some information about you as You agree with these Terms. Please read carefully our Privacy Policy for more information.
18. MISCELLANEOUS
18.1. Term. This Agreement shall govern the relations between you and AmigoChat during or while you use (or misuse) the Services.
18.2. Waiver. No action or inaction on the part of AmigoChat shall be considered a waiver of any right or obligation by AmigoChat.
18.3. Force Majeure. AmigoChat shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any acts of God, acts of civil or military authorities, acts of terrorism, civil or industrial disturbances, blockages, embargoes, war, strikes or other labor disputes, fire, earthquakes, storms or other nature-related events, interruption in electrical telecommunications or Internet services or network provider services, failure of hardware equipment and/or software or other utility failures, smart contract bugs or weaknesses, technological changes, changes in interest rates or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol, other catastrophe, or any other occurrences which are beyond our reasonable control, and shall not affect the validity and enforceability of any remaining provisions. If we are unable to perform our Services outlined in the Terms due to factors beyond our control, including, but not limited to, the aforementioned force majeure events or changes in applicable laws and/or sanctions policies, we shall not be liable for the Services provided under these Terms during the time period coincident with the event in question.
18.4. Assignment. You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms without any notice or consent from you. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
18.5. Notices. Any notices or other communications provided by us under these Terms, including those regarding modifications to it will be given by posting to the Services and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your use of the Services and will be legally bound by these notices.
AmigoChat provides services which are described in Section 3 of these Terms via its website https://www.amigochat.io/, related desktop, mobile and other applications (collectively the “Site”).
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AND JURY TRIAL AS DESCRIBED IN SECTION 16.
PLEASE ALSO NOTE THAT ACCORDING TO SECTION 4 BELOW, THESE TERMS DO NOT GOVERN ANY INTERACTIONS YOU MAY HAVE WITH OUR THIRD PARTY SERVICE PROVIDERS. EVERY THIRD PARTY SERVICE PROVIDER HAS ITS OWN TERMS.
1. TERMS BINDINGNESS
You are considered a party to this Agreement and deemed to have agreed with the Terms by using the Services and/or browsing the Site i.e you have provided a legally valid consent to become a party to the Agreement.
By using the Services and browsing the Site, you acknowledge that:
any use of the Services is subject to these Terms;
you have carefully read, understand and agree with these Terms;
you are of a legal age;
you have the authority to enter into the Terms personally or on behalf of the legal entity for whom you are using the Service.
AmigoChat reserves the right to modify these Terms at any time and at our sole discretion. In case of any change, we will amend the date of the last update at the beginning of these Terms. By continuing using our Services, you are agreeing to new changes and will be legally bound by the new changes. Please check this page regularly for updates.
IF YOU DO NOT AGREE TO THE TERMS, YOU SHALL NOT USE THE SERVICE OR THE SITE.
2. ELIGIBILITY CRITERIA
You can only use the Service if you are considered to be of legal age to be able to conclude the agreement and use such Service. If you are not of a legal age, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of legal majority, you agree to be fully responsible for the acts or omissions of such user in connection with the Services.
You may use our Services for lawful purposes only. You agree not to use our products and services for any illegal, harmful, or unauthorized purposes.
3. SERVICES
AmigoChat provides software related to artificial intelligence and data analytics to allow you access neural network models (“Models”) such as Stable Diffusion, Realistic vision, GPT4, Dalle-3, Whisper, and other AI models (the “Services”).
AmigoChat is a front-end interface between you and the Models allowing you to carry on different assignments. You can interact with the Models by sending a message i.e. submitting texts, images, audio recordings, or other information (“Content”) via WhatsApp or Telegram. The Models may assist you with finding answers to your questions and with generating some results (e.g. making summarries, images, videos, voice notes, etc.). We integrate different third parties AI Models that will be assisting you with carrying out your assignments.
We save your prompts on our servers for as long as they are necessary to give context to the Models and to allow them to perform your assignments. Once the assignment has been completed, all the prompts are erased permanently from our servers.
Please note that by interacting with the Models, you may encounter content that you may see as inappropriate for you. Please contact us at [email protected] if you find any of the content to be offensive or inappropriate to you. We will promptly take the action and it will help us to train the algorithm better.
4. THIRD PARTY SERVICES
AmigoChat may integrate or may allow you to access services developed by third parties (“Third Party Service”). AmigoChat retains the exclusive right to add to, modify, or cancel the availability of any Third Party Service. In the event that a Third-Party Service, which is integral to the functionality of our Service, is closed down or ceases operation for any reason, thereby affecting your usage of our Service, we shall not be held liable for any damages, losses, or inconveniences arising from such termination.
5. FEES
Fees, if applicable to the Services or any part of the Services, shall be displayed on the Site and/or in the AmigoChat desktop or mobile applications.
AmigoChat offers you some free of charge functionalities and also subscription plans for a fee. Subscription plans provide access to enhanced services and additional features which you can only use on a limited, personal, non-transferable and non-sublicensable basis.
If you plan to cancel your subscription, you shall do it before it renews to avoid paying the subscription fees for the next billing period. We reserve the right to modify, terminate, or otherwise amend the subscription plans.
You can cancel your subscription plan by signing in to your Account and following the instructions for canceling your subscription.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
6. YOUR ACCOUNT
AmigoChat may require you to register an account (“Account”). By creating an Account, you agree to: (i) provide accurate, current, and complete information for your Account, (ii) maintain and promptly update, as necessary, your Account information, (iii) maintain the security of your Account login information, (iv) be responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent, and (v) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. You are entirely responsible for maintaining the confidentiality, security and control of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
7. CONTENT, YOUR RIGHTS AND OBLIGATIONS
You may submit Content, such as text, images, and other materials, to our products and Services. By submitting content, you grant us a non-exclusive, transferable, royalty-free license to use, modify, and distribute your Content. You are also responsible for the Content that you submit and/or post to the Service, including its legality, reliability, and appropriateness.
You warrant that: (i) you own the Content you submit or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) your Contents do not violate any applicable laws or any other rights of any person.
You shall not submit, edit, create, store or share any Content that violates these Terms. You agree to indemnify, defend and hold AmigoChat harmless for any unauthorized use of third-party user Content you might commit (both intentionally or unintentionally).
You agree that you will not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights, and you are solely responsible for the Content and for all activity that occurs while using our Services. You represent, warrant and agree that you will not use AmigoChat by uploading the Content or otherwise (all of the following conduct includes any attempts to perform any of the following):
To engage in any harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking or otherwise objectionable conduct including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
For sale or to the benefit of any third party or in any manner not permitted by these Terms.
To decipher, decompile, disassemble or reverse engineer any aspect of AmigoChat such as the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas or algorithms), do anything that might discover the source code, bypass or circumvent measures employed to prevent or limit your access to any part of AmigoChat.
To circumvent any content-filtering techniques we employ or to access any feature or area of AmigoChat that you are not authorized to access.
To develop or to use any third-party applications that interact with AmigoChat without our prior written consent, including any scripts designed to scrape or extract data from AmigoChat.
To display, mirror or frame AmigoChat, or any individual element within AmigoChat, the our name, our trademark, logo or other proprietary information without our express written consent.
To use any meta tags or other hidden text or metadata utilizing our trademark, logo URL, product or services name without our express written consent.
To gain unauthorized access to, interfere with, damage, or disrupt any server, computer or database connected to AmigoChat.
To copy, modify, host, stream, sublicense, or resell AmigoChat.
For any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
To place an advertisement of any products or services in AmigoChat except with our prior written approval.
To violate any applicable law or regulation.
To encourage, assist or enable any other party to do any of the foregoing.
To create Content such as spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
You may only share the Content that is non-confidential and you have all necessary rights to disclose. You may not upload, edit, create, store or share any Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent.
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or otherwise create liability or violate any local, state, national or international law.
Sexualizes other people. including minors, or that is intended to facilitate inappropriate interactions with minors, other users or the public.
May infringe, misappropriate or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person.
Contains any private or personal information of any person without such person’s consent.
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.
Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying AmigoChat, or that may expose us or others to any harm or liability of any type.
Due to the fact that we connect to Stable Diffusion AI technology via AIMLAPI, you additionally represent, warrant and agree that you will not use AmigoChat feature with Stable Diffusion AI technology and (or) Stable Diffusion AI technology (Copyright (c) 2022 Robin Rombach and Patrick Esser and contributors) in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license, and, in particular:
In any way that violates any applicable national, federal, state, local or international law or regulation.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way.
To generate or disseminate verifiably false information and/or content with the purpose of harming others.
To generate or disseminate personal identifiable information that can be used to harm an individual.
To defame, disparage or otherwise harass others.
For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation.
For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics.
To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm.
For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories.
To provide medical advice and medical results interpretation.
To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
You, furthermore, agree to abide by the Stable Diffusion AI technology license. We have the right to monitor your use of AmigoChat to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects us. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the applicable law.
We also reserve the right, but not the obligation, to, in our sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. We further reserve the right to make formatting and edits and change the manner of any Content. As we cannot control all content submitted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances we will be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. Please contact us at [email protected] ]if you find any of the content to be offensive or inappropriate to you, we will promptly take the action and it will help us to train the algorithm better.
You are liable in full to AmigoChat for any damage caused by You to AmigoChat by breaching any of these obligations.
8. AMIGOCHAT’S RIGHTS AND OBLIGATIONS
AmigoChat may, in its sole discretion and without cost to you and at any time, modify or discontinue, temporarily or permanently, any portion of the Services.
We may close, suspend or limit your access to AmigoChat for a reason or without reason. Without limiting the foregoing, we may close, suspend or limit your access to AmigoChat if you violate these Terms.
You agree that we have the right at any time and on our sole discretion without prior notice to you to change, expand, improve or stop providing parts or all the Services to you.
9. COPYRIGHT INFRINGEMENT
We commit to respecting legitimate rights of copyright owners and complying with applicable laws. Once we are aware that any materials including your Content constitutes copyright infringement, we will take actions and/or remove such materials or Content. For more information or further requests, please contact us at [[email protected]].
10. INTELLECTUAL PROPERTY
The Service and its original content (except Content provided by you or other users), features and functionality are and will remain the exclusive property of AmigoChat. The Service is protected by copyright, trademark, and other European and international laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
11. DISCLAIMER OF WARRANTIES
The Services are provided to you “as-is” and without any warranty whatsoever, to the maximum extent permissible by law. Without limiting the generality of the foregoing, AmigoChat does not warrant that our Service is fit for your purpose, even if you have previously provided notice of your intended purpose, and does not warrant that AmigoChat will operate in a virus free manner.
12. LIMITATION OF LIABILITY
IN NO EVENT WILL AMIGOCHAT OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE TO YOU FOR: ANY DIRECT DAMAGES OR ANY LOST PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THE CONTENT, WHETHER OR NOT AMIGOCHAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY ASSERTED, WHICH HAVE RESULTED FROM: (I) YOUR USE OF, OR CONDUCT IN CONNECTION WITH, OUR SERVICES; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION).
IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU HAVE BEEN PAID TO USE AMIGOCHAT PAID FEATURES. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.
13. RELEASE OF LIABILITY
To the fullest extent permitted by applicable law, you release AmigoChat from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the users and the acts or omissions of third parties.
If you are a California user, you expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
14. INDEMNITY
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors, from and against any and all claims, damages, obligations, losses, liabilities, tort, costs or debt, and expenses (including, but not limited to, attorney’s fees or other legal costs) arising from: (a) your use of and access to the Services; (b) any feedback or Content you provide to us; (c) violation of any third party content (d) your violation of the Terms; or (e) your violation of any law, rule, or regulation, or the rights of any third party.
15. TERM AND TERMINATION
The Terms commence on the date when you accept them and remain in full force and effect for so long as you access or use the Service or the Site. The contents of the terms may change from time to time as prescribed in these Terms.
We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. In the event of termination, your obligations under this Agreement will still continue.
16. ARBITRATION, WAIVER OF CLASS ACTION AND JURY TRIAL AND GOVERNING LAW
This Agreement is governed by the laws of the Republic of Estonia. Any disputes arising from or in relation with this Agreement shall be first tried to be settled by negotiations between you and AmigoChat. In the case we do not reach consensus with you, you agree that ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. YOU HEREBY WAIVE TRIAL BY JURY.
Any dispute, controversy or claim arising out of or in connection with this Agreement or your use of the Services on an individual basis shall be finally settled in arbitration conducted in accordance with the rules of the Arbitration Court of the Estonian Chamber of Commerce and Industry in Tallinn, Estonia, by a sole arbitrator, in the English language, with limited discovery. At your request the hearings may be conducted in person or virtually, and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings.The arbitration shall be kept confidential and you shall not disclose to any person, other than those necessary to the proceedings, the existence of the arbitration, any information submitted during the arbitration, any documents submitted in connection with it, any oral submissions or testimony, transcripts, or any award unless disclosure is required by law or is necessary for permissible court proceedings, such as proceedings to recognize or enforce an award. In case arbitration is excluded by relevant applicable law, the court for any disputes shall be the Harju District Court (Harju Maakohus) in Estonia.
Other than procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO LEGAL COSTS AND ATTORNEYS’ FEES. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE NOT TO COMMENCE A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.
17. PRIVACY
By using the Service, you agree that AmigoChat may collect some information about you as You agree with these Terms. Please read carefully our Privacy Policy for more information.
18. MISCELLANEOUS
18.1. Term. This Agreement shall govern the relations between you and AmigoChat during or while you use (or misuse) the Services.
18.2. Waiver. No action or inaction on the part of AmigoChat shall be considered a waiver of any right or obligation by AmigoChat.
18.3. Force Majeure. AmigoChat shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any acts of God, acts of civil or military authorities, acts of terrorism, civil or industrial disturbances, blockages, embargoes, war, strikes or other labor disputes, fire, earthquakes, storms or other nature-related events, interruption in electrical telecommunications or Internet services or network provider services, failure of hardware equipment and/or software or other utility failures, smart contract bugs or weaknesses, technological changes, changes in interest rates or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol, other catastrophe, or any other occurrences which are beyond our reasonable control, and shall not affect the validity and enforceability of any remaining provisions. If we are unable to perform our Services outlined in the Terms due to factors beyond our control, including, but not limited to, the aforementioned force majeure events or changes in applicable laws and/or sanctions policies, we shall not be liable for the Services provided under these Terms during the time period coincident with the event in question.
18.4. Assignment. You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms without any notice or consent from you. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
18.5. Notices. Any notices or other communications provided by us under these Terms, including those regarding modifications to it will be given by posting to the Services and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your use of the Services and will be legally bound by these notices.
