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Terms of Service

Last modified: March 2, 2023

1. Introduction

These Terms of Service (“Terms”, “Terms of Service”) are used to determine the rules of the Service and to clarify the legal relationship between the entity using the Service and chatimage.ai (“Company”). The Company operates web pages located at chatimage.ai (“Website”) and offers the Service.

Using the Website and/or the Service in any manner means that the User or Guest declares that they have read, understood and accepted these Terms and the Privacy Policy, have the legal capacity to conclude an agreement with the Company, and have the right to act on behalf of the entity they represent. If the User does not agree to these Terms, they should not use the Service and may contact the Company at contact@chatimage.ai.

2. Definitions

Unless otherwise indicated, the following capitalized terms have the following meanings:

Account – means individualized panel serving the User to exploit the Service and/or the Website.

Agreement – means a subscription agreement that may be concluded between User and the Company, that specifies the scope and the price for using the Service.

API – means chatimage.ai application programming interface to be integrated with the User’s software.

Company – means chatimage.ai.

Content – means texts, pictures and other materials which the Guest or User publishes, presents or sends on the Website or with the use of Service.

Device – means devices such as a computer, telephone, smartphone, tablet or other electronic equipment which allows browsing web pages.

Guest – means an entity browsing the Website.

Intellectual Property – means any designations, inventions, utility models, industrial designs, works and other externalized expressions of creative activity that are the subject of exclusive rights of the Company.

Privacy Policy – means the Privacy Policy, which defines the rules of personal data processing by the Company.

Service – means together the Website, Widget and/or API depending on the scope dedicated to a given User.

Terms – means these terms of service available under https://www.chatimage.ai/terms.

User – means an entity who owns the Account.

Website – means web pages located at chatimage.ai.

Widget – means a chatimage.ai widget that may be implemented to the User’s website.

These definitions retain their meaning regardless of whether they are expressed in the singular or plural.

3. General Rules

Using the Service means full acceptance of the Terms. Each entity using the Service and/or Website is obliged to use it in accordance with its intended purpose and these Terms.

Using the Website requires a Device with Internet access, JavaScript enabled, and a current version of Chrome, Opera, Firefox, Safari, or Microsoft Edge.

  • Using the API requires Internet access and software that enables sending HTTP requests.
  • Using the Widget requires Internet access, JavaScript enabled, and a supported modern browser.
  • It is recommended to install anti-virus software on the Device or Mobile Device.

4. Account

Account setup is possible through the Website. Account setup may require logging in using a Google account or registering with an email and password. You must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your Account and for all activities that occur under your Account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

5. Communications

By creating an Account, you may agree to subscribe to newsletters, marketing or promotional materials, and other information we may send.

6. Contests, Sweepstakes and Promotions

Any contests, sweepstakes, or other promotions made available through the Service or Website may be governed by rules that are separate from these Terms. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

7. Subscriptions

Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis. Billing cycles are set either monthly or annually, depending on the subscription plan selected when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or the Company cancels it. A valid payment method is required to process the payment for your Subscription. We reserve the right to refuse or cancel orders where fraud, unauthorized, or illegal transactions are suspected.

8. Fee Changes

The Company may modify Subscription fees at any time. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Your continued use of the Service after the fee change comes into effect constitutes your agreement to pay the modified fee amount.

9. Refunds

Except when required by law, paid Subscription fees are non-refundable.

10. Content

The Service and Website may allow you to post, link, store, share, and otherwise make available text, graphics, images, videos, or other material (“Content”). You are responsible for Content that you post on or through the Service, including its legality, reliability, and appropriateness.

You retain your rights to Content you submit, post, or display through the Service or Website. You represent that you own or have the right to use the Content and that posting it does not violate the rights of any person or entity.

11. Prohibited Uses

You may use the Service or Website only for lawful purposes and in accordance with these Terms. You agree not to use the Service or Website:

  • in any way that violates any applicable national or international law or regulation;
  • to exploit, harm, or attempt to exploit or harm minors;
  • to transmit spam, chain letters, junk mail, or similar solicitation;
  • to impersonate the Company, a Company employee, another User, or any other person or entity;
  • in any way that infringes upon the rights of others or is illegal, threatening, fraudulent, or harmful;
  • to interfere with the proper working, security, or availability of the Service or Website.

12. Analytics

We may use third-party service providers to monitor and analyze the use of our Service and Website.

Google Analytics may be used to track and report website traffic. For more information, visit Google Privacy Terms.

Mixpanel may be used for analytics. To opt out, visit https://mixpanel.com/optout.

13. Intellectual Property

The Service, Website, original content, features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service and Website are protected by copyright, trademark, and other laws. The User is not entitled to modify, reverse engineer, decompile, disassemble, or attempt to derive source code from the Service or Website.

14. Copyright Policy

We respect the intellectual property rights of others. If you believe Content posted through the Service or Website infringes copyright or other intellectual property rights, submit a claim to contact@chatimage.ai with the subject line “Copyright Infringement”.

15. DMCA Notice and Procedure for Copyright Infringement Claims

A DMCA notification should include:

  • an electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • a description of the copyrighted work claimed to be infringed;
  • identification of the URL or location where the allegedly infringing material is located;
  • your address, telephone number, and email address;
  • a good-faith statement that the disputed use is not authorized;
  • a statement that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

16. Error Reporting and Feedback

You may provide feedback, suggestions, complaints, and error reports at contact@chatimage.ai. You agree that the Company may use Feedback without restriction and without any obligation of confidentiality, compensation, or attribution.

17. Links to Other Websites

The Service and Website may contain links to third-party websites that are not owned or controlled by the Company. We assume no responsibility for the content, privacy policies, or practices of any third-party websites.

18. Disclaimer of Warranty

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

19. Limitation of Liability

EXCEPT AS PROHIBITED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICE. IF LIABILITY IS FOUND, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES.

20. The Guest’s/User’s Liability

The Guest and/or User is fully liable for the consequences of authorized or unauthorized distribution of any content available on the Website or the Service, including Intellectual Property. The User is solely liable for Content published, presented, sent, or otherwise provided through the Service.

21. Service Breaks

The Company does not guarantee permanent accessibility of the Service or Website and reserves the right to introduce breaks in operation. Acceptance of these Terms means acknowledgement that the Services may not be 100% reliable.

22. Personal Data Protection and Security

The Company processes personal data with due diligence and appropriate technical and organizational security measures. Detailed information can be found in the Privacy Policy. The Company is not responsible for privacy practices of third-party websites linked from the Service.

23. Termination

We may terminate or suspend your Account and access to the Service immediately, without prior notice or liability, at our sole discretion, including for breach of these Terms. Provisions that by their nature should survive termination shall survive.

24. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Singapore, without regard to conflict of law provisions. If any provision is held invalid or unenforceable, the remaining provisions remain in effect.

25. Changes To Service

We reserve the right to withdraw or amend the Service, and any service or material provided through it, in our sole discretion without notice. We will not be liable if all or part of the Service is unavailable at any time.

26. Amendments To Terms

We may amend these Terms at any time by posting the amended terms on this site. Your continued use of the Service after revised Terms become effective means you accept and agree to the changes.

27. Waiver And Severability

No waiver by the Company of any term or condition shall be deemed a further or continuing waiver. If any provision is held invalid, illegal, or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary.

28. Acknowledgement

BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

29. Contact Us

Any time you wish to contact the Company, please send email to contact@chatimage.ai.

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