Terms & Conditions
General Terms and Disclaimer
By accessing and using CaiChat.AI, You confirm that You are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire Service and any email or other type of communication between You and CaiChat.AI
Under no circumstances shall CaiChat.AI team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if CaiChat.AI team or an authorized representative has been advised of the possibility of such damages. CaiChat.AI is not responsible for any content, code or any other imprecision. If Your use of materials from this site results in the need for servicing, repair or correction of equipment or data, You assume any costs thereof.
CaiChat.AI will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy at any moment.
CaiChat.AI is a distributor and not a publisher of the content supplied by third parties; as such, CaiChat.AI exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the CaiChat.AI Service.
CaiChat.AI is not responsible for content created by third parties, including any errors, omissions, or any resulting loss or damage. AI-generated chats can be unpredictable, and You should evaluate and bear the risks of using any content. If You rely on this content, You do so at Your own risk.
License
CaiChat.AI grants You a revocable, non-exclusive, non-transferable, limited license to use the Service strictly in accordance with the terms of this Agreement and the Community Guidelines (the "License").
These Terms & Conditions are a contract between You and CaiChat.AI (referred to in these Terms & Conditions as "CaiChat.AI", "us", "we" or "our"), the provider of the CaiChat.AI Website and App (which are collectively referred to in these Terms & Conditions as the "Service"). CaiChat.AI is owned and operated by PAYPLAYSOFT LIMITED. HE 454356. Giannou Kranidioti & Pargas 9, Floor 1, Flat/Office 102, 1065, Nicosia, Cyprus.
You agree to be bound by these Terms & Conditions. If You do not agree to these Terms & Conditions, please do not use the CaiChat.AI Service. In these Terms & Conditions, "You" refers both to You as an individual and to the entity You represent. If You violate any of these Terms & Conditions, we reserve the right to cancel Your account or block access to Your account without notice.
Definitions and key terms
To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:
- App: CaiChat.AI.AI's mobile applications allowing You to gain access to use the License and access CaiChat.AI's Service.
- Chat: an interactive exchange of messages between You and a Chatbot on CaiChat.AI, where You input commands, and the Chatbot generates responses.
- Chatbot(s): an AI character created by using the Services, allowing Chat conversations powered by CaiChat.AI technologies using varied AI Models, including but not limited to Large Language Models. The Chats, avatars and conversations are fictional and shouldn't be taken as real life situations and advice.
- Cookie: small amount of data generated by a website and saved by Your web browser. It is used to identify Your browser, provide analytics, remember information about You such as Your language preference or login information.
- Community Guidelines: refers to the Community Guidelines of the Service, including the guidance to create, interact and use the License in regards to chatbots.
- Company: when this terms mention "Company," "we," "us," or "our," it refers to CaiChat.AI, (Corporate Office), that is responsible for Your information under this Terms & Conditions.
- Country: where CaiChat.AI or the owners/founders of CaiChat.AI are based, in this case is Cyprus.
- Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit CaiChat.AI and use the services.
- Generations: refers to the individual outputs or responses that the Chabots produces based on the input it receives from the use, such as a text response, an image, or another form of output.
- Service: refers to the service provided by CaiChat.AI through providing a License for the personal use of the Website and/or the App.
- Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest You.
- Website: CaiChat.AI's website (located at caichat.ai) allowing You to gain access to use the License and access CaiChat.AI's Service.
- You/Your: a person or entity that is registered and/or visiting with CaiChat.AI to use the Services.
Restrictions
You agree not to, and You will not permit others to:Provide a license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Service or make the platform available to any third party.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Service and its associated technologies.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of CaiChat.AI or its affiliates, partners, suppliers or the licensors of the Service
Payment
CaiChat.AI uses third party solutions to process payments for subscriptions. We work with known providers who offer high quality security infrastructure to protect financial information. We work with them to implement all reasonable steps to prioritize the security of Your personal and payment information.
If You register to any of our recurring payment plans, You agree to pay all fees or charges to Your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, You must provide CaiChat.AI with a valid credit card (Visa, MasterCard, Discover, Amex) or any other issuer accepted by us ("Payment Provider") as a condition to signing up for one of our paid subscription plans. Your Payment Provider agreement governs Your use of the designated credit card account, and You must refer to that agreement and not these Terms to determine Your rights and liabilities with respect to Your Payment Provider. By providing CaiChat.AI with Your credit card number and associated payment information, You agree that CaiChat.AI is authorized to verify information immediately, and subsequently invoice Your account for all fees and charges due and payable to CaiChat.AI. AI hereunder and that no additional notice or consent is required. You agree to immediately notify CaiChat.AI of any change in Your billing address or the credit card used for payment hereunder. CaiChat.AI reserves the right at any time to change its prices and billing methods, either immediately upon posting on our Website or App or by e-mail delivery to You.
Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by You.
By accessing, using, or visiting the Service, any of its Content, functionalities, and services, You signify Your agreement to these Terms and Conditions including its policies and related guidelines (for instance, Community Guidelines), and our Privacy Policy, and incorporated herein by reference.
You are responsible for any third-party fees that You may incur when using the Service.
Taxes
Value-Added Tax or VAT, sales tax or other excise tax may be included in, or added to, the price for Service made available to You for this Service depending on Your country, state, territory, city, or on other applicable local regulations. Tax rates may vary accordingly.
In the event the CaiChat.AI Service becomes taxable in Your jurisdiction during an ongoing subscription, You agree CaiChat.AI is allowed to change the total amount of the Payment that You owe for Your subscription, so that it covers the original amount of Your chosen subscription, plus the appropriate taxes as required by tax authorities.
Data Accessibility and Retention
At CaiChat.AI, we take the privacy and security of Your personal information and chats seriously. Our commitment to protecting Your data is reflected in our internal policies and procedures.
Employee and Contractor Access:
- Our employees and contractors strictly adhere to CaiChat.AI's internal policy, which prohibits unauthorized access to users' personal information and chats.
- All employees and contractors are required to sign a data protection agreement, ensuring they understand and commit to these stringent privacy measures.
Continuous Improvement in Data Protection:
- We continuously enhance our data protection strategies, including implementing advanced encryption techniques and anonymization processes where appropriate.
- Our security protocols are regularly reviewed and updated to safeguard against emerging threats and to maintain the highest standards of data protection.
Data Retention Policy:
- CaiChat.AI retains personal information and chats for as long as necessary to provide our services, comply with legal obligations, resolve disputes, and enforce our agreements.
- Once personal data is no longer needed for these purposes, we securely delete or anonymize it to prevent unauthorized access and ensure Your privacy. CaiChat.AI reserves the right to change its Data Retention Policy at any time, including the right to delete the Generations and Chat content without notice.
- Users have the right to request the deletion of their personal data and chat history, subject to any legal obligations that may require us to retain certain information for a specified period.
By using CaiChat.AI, You trust us with Your data, and we are committed to honoring that trust with the utmost integrity and care.
Refund Policy
Thanks for shopping at CaiChat.AI. We appreciate the fact that You like to buy the stuff we build. We also want to make sure You have a rewarding experience while You're exploring, evaluating, and purchasing our products.
By placing an order or making a purchase at CaiChat.AI, You agree to the terms along with CaiChat.AI's Refund Policy.
If, for any reason, You are not completely satisfied with any good or service that we provide, don't hesitate to contact us and we will discuss any of the issues You are going through with our product.
Your Suggestions and Complaints
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by You to CaiChat.AI with respect to the Service shall remain the sole and exclusive property of CaiChat.AI.
CaiChat.AI shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.
All Reports and Complaints are handled within 7 days of submission.
Your Consent
We've updated our Terms & Conditions to provide You with complete transparency into what is being set when You visit our site and how it's being used. By using our Service, registering an account, or making a purchase, You hereby consent to our Terms & Conditions.
Communication Preferences
By registering for an account, You consent to receive electronic communications from the CaiChat.AI relating to Your account. Communications may involve sending emails to Your email address provided during registration or posting communications on the Service. Communications will include notices about Your account (e.g., payment authorizations, change in password or payment method, confirmation emails, and other transactional information) and are part of Your relationship with the CaiChat.AI. You acknowledge that any notices, agreements, disclosures, or other communications that the CaiChat.AI sends You electronically will satisfy any legal communication requirements, including that these communications be in writing. The CaiChat.AI recommends that You keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from the CaiChat.AI, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications You receive from the CaiChat.AI may contain sexually explicit material unsuitable for minors. If You no longer want to receive certain non-transactional communications, please review the Privacy Policy regarding opting out of marketing communications.
Links to Other Websites
This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by CaiChat.AI. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when You use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website's own rules and policies. Such third parties may use their own cookies or other methods to collect information about You.
Cookies
CaiChat.AI uses "Cookies" to identify the areas of our Service that You have visited. A Cookie is a small piece of data stored on Your computer or mobile device by Your web browser. We use Cookies to enhance the performance and functionality of our Service but are non-essential to their use. However, without these cookies, certain functionality may become unavailable or You would be required to enter Your login details every time You visit the Service as we would not be able to remember that You had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if You disable Cookies, You may not be able to access functionality on our Service correctly or at all. We never place Personally Identifiable Information in Cookies.
Changes To The Services
You acknowledge and agree that CaiChat.AI may stop (permanently or temporarily) providing the Service (or any features within the Service) to You or to users generally at CaiChat.AI's sole discretion, without prior notice to You. You may stop using the Service at any time. You do not need to specifically inform CaiChat.AI when You stop using the Service. You acknowledge and agree that if CaiChat.AI disables access to Your account, You may be prevented from accessing the Service, Your account details or any files or other materials which is contained in Your account.
Updates to Our Service
CaiChat.AI reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service or any service to which it connects, with or without notice and without liability to You.
CaiChat.AI may from time to time provide enhancements or improvements to the features/ functionality of the Service, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Service. You agree that CaiChat.AI has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Service to You.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Service, and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that CaiChat.AI shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. CaiChat.AI does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such third parties' terms and conditions.
Submissions and Privacy
In the event that You submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, You expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and CaiChat.AI will be allowed to use as per these Terms and Conditions without any compensation or credit to You whatsoever. CaiChat.AI and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Term and Termination
This Agreement shall remain in effect until terminated by You or CaiChat.AI.
CaiChat.AI may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from CaiChat.AI, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Service and all copies thereof from Your computer.
Upon termination of this Agreement, You shall cease all use of the Service and delete all copies of the Service from Your computer.
Termination of this Agreement will not limit any of CaiChat.AI rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the present Agreement.
Copyright Infringement Notice
If You are a copyright owner or such owner's agent and believe any material on our Service constitutes an infringement on Your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) Your contact information, including Your address, telephone number, and an email; (d) a statement by You that You have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the statement that the information in the notification is accurate, and, under penalty of perjury You are authorized to act on behalf of the owner.
Indemnification
You agree to indemnify and hold CaiChat.AI and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Your: (a) use of the Service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, CaiChat.AI, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, CaiChat.AI provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither CaiChat.AI nor any CaiChat.AI 's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of CaiChat.AI are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You.
Exclusion of Damages; Exclusive Remedy and Limitation of Liability
Unless caused by gross negligence or intentional misconduct, the CaiChat.AI, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to You for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to Your access or Your inability to access the Service or its content. This exclusion applies regardless of the theory of liability and even if You told the CaiChat.AI or it knew or should have known about the possibility of damages.
The CaiChat.AI, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to You for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to Your access of or Your inability to access the Service or the content. This exclusion applies regardless of the theory of liability and even if You told the CaiChat.AI or it knew or should have known about the possibility of damages.
If You are dissatisfied with the Services or have any other complaint, Your exclusive remedy is to stop using the the Services. The CaiChat.AI 's maximum liability to You for any claim will not exceed the greater of $200 and the amount You have paid to the CaiChat.AI for the applicable purchase out of which liability arose, even if that remedy fails of its essential purpose.
Scope of Disclaimers, Exclusions, and Limitations. The disclaimers, exclusions, and limitations stated in the previous sections apply to the greatest extent allowed by law, but no more. CaiChat.AI does not intend to deprive You of any mandatory protections provided to You by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limitations might not apply to You.
Notwithstanding any damages that You might incur, the entire liability of CaiChat.AI and any of its suppliers under any provision of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Service.
To the maximum extent permitted by applicable law, in no event shall CaiChat.AI or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Agreement), even if CaiChat.AI or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices published by CaiChat.AI on the Services, shall constitute the entire agreement between You and CaiChat.AI concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and CaiChat.AI's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND CaiChat.AI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
CaiChat.AI reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use CaiChat.AI.
Intellectual Property Rights
Content You Submit
When You submit content to CaiChat.AI, You are confirming that You either own the content (including all copyrights and rights of publicity) or have obtained all necessary permissions to submit it.
You retain ownership of Your content, but by submitting it, You give CaiChat.AI permission to use it in various ways, such as copying, displaying, selling, distributing, and modifying it, across any medium or technology now known or developed in the future. This permission is nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, and irrevocable. We may also share, sell this permission with others we have contracts with, and disclose the content to third parties if necessary.
We may access, review, edit, and delete Your content at any time and for any reason, especially to improve our services or if we believe the content violates our terms or any laws.
Chatbots & Generations
When You create a Chatbot using our services, You own that Chatbot. You also own any content (avatar, text, images, audio, or video) generated by Your own interactions with that Chatbot.
By using our services, You grant CaiChat.AI the right to use Your Chatbot and Generations and Chats from that Chatbot in any way, including copying, displaying, selling, distributing, and modifying it, for any purpose, in any form or medium. This permission is nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, and irrevocable.
When You interact with a Chatbot created by CaiChat.AI or another user, the Chatbot itself and other content remain the property of CaiChat.AI or the original creator. You grant CaiChat.AI the same broad rights to use the content generated from these Chats.
While CaiChat.AI has the right to and will use, sell, license the content generated through chats for the proper working of the Service, promotion and this License, CaiChat.AI does NOT own the said Chats and Generations.
Services Content, Software, and Trademarks
The content and features of CaiChat.AI are protected by intellectual property laws. You agree not to use any automated methods to gather data from our services. If You are blocked from accessing our services, You agree not to attempt to bypass this block.
Third-Party Material
CaiChat.AI is not responsible for content created by third parties, including any errors, omissions, or any resulting loss or damage. AI-generated chats can be unpredictable, and You should evaluate and bear the risks of using any content. If You rely on this content, You do so at Your own risk.
We have the right to refuse or remove any content at our discretion, especially if it violates our terms or is deemed objectionable.
Legal Compliance and Data Preservation
While we do not offer and disclose content, data and chats without an official request from the authorities, CaiChat.AI may preserve and disclose content and metadata to comply with laws, enforce our terms, respond to claims, or protect the rights and safety of CaiChat.AI, our users, and the public.
These terms are designed to protect both Your rights and the operational needs of CaiChat.AI. You maintain ownership of Your content and generated content, while granting CaiChat.AI broad rights to use it. We set clear guidelines to ensure responsible use of our services and handling of third-party content.
Agreement to Arbitrate
You agree to an arbitration on an individual basis. In any dispute, neither You nor CaiChat.AI will be entitled to join or consolidate claims by or against other Users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal will not consolidate more than one person's claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Notice of Dispute
In the event of a dispute, You or CaiChat.AI must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: support@caichat.ai CaiChat.AI will send any Notice of Dispute to You by mail to Your address if we have it, or otherwise to Your email address. You and CaiChat.AI will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, You or CaiChat.AI may commence arbitration.
Governing Law and Jurisdiction
Cyprus law governs all adversarial proceedings arising out of this agreement or access or use of the Service. This agreement's predominant purpose is providing services and licensing access to intellectual property and not a "sale of goods." The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.
Each party waives its right to a jury trial in proceedings arising out of or relating to this agreement.
Miscellaneous
Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of CaiChat.AI.
The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the CaiChat.AI Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the CaiChat.AI Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between You and CaiChat.AI concerning its subject matter, and cannot be changed or modified by You. The section headings used in this Agreement are for convenience only and will not be given any legal import.
Notices
(a) Notice to CaiChat.AI.
You may notify CaiChat.AI by email at support@caichat.ai unless a specific email address is given for providing notice. CaiChat.AI may change its contact information on one or more occasions by posting the change on the Service. Please check the Service for the most current information for notifying the Company.
(b) Notice to You-Electronic Notice.
You consent to receive any notice from CaiChat.AI in electronic form either (1) by email to the last known email address CaiChat.AI has for You or (2) by posting the notice on a place on the Service chosen for this purpose. You state that any email address You gave CaiChat.AI for contacting You is a valid email address for receiving notice.
(c) Written notices can be sent to:
i. support@caichat.ai
Force Majeure
CaiChat.AI is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
Relationship of the Parties
This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither party is the agent for the other, and neither party may bind the other on any agreement with a third party.
Binding Effect
This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
Electronic Communications Not Private
CaiChat.AI does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to CaiChat.AI or from CaiChat.AI as open communications readily accessible to the public. You should not use the Service to send or receive messages that You only intend the sender and named recipients to read. Users or operators of the Service may read all messages You send to the Service regardless of whether they are intended recipients.
Electronic Signatures
Any affirmation, assent, or agreement You send through the Service will bind You. You acknowledge that when You click on an "I agree," "I consent," or other similarly worded "button" or entry field with Your mouse, keystroke, or other device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
Complaint Policy
CaiChat.AI has a complaint process that allows You or anyone to report to CaiChat.AI any conduct of a user that may be illegal or that otherwise violates this agreement. If You have a complaint about the Service, please send Your complaint to support@caichat.ai, including Your name, address, contact details, a description of Your complaint. If You cannot contact CaiChat.AI by email, please write to CaiChat.AI at the address identified in this agreement. After receiving Your complaint, (a) CaiChat.AI will take those steps as CaiChat.AI considers to be appropriate to investigate Your complaint within a timeframe that is appropriate to the nature of Your complaint (CaiChat.AI will review and resolve all reported complaints regarding content that may be illegal or otherwise violate credit card association standards within seven business days); (b) if CaiChat.AI requires further information or documents from You, CaiChat.AI will contact You to let You know; and (c) CaiChat.AI will in good faith take those actions as it considers appropriate to deal with the issue that Your complaint has raised. CaiChat.AI is not required to inform You of the outcome of Your complaint. You state that You will not make any complaint under this agreement that is wholly unjustified, abusive, or made in bad faith. If CaiChat.AI.AI determines that You have breached this warranty, CaiChat.AI may suspend or terminate Your account.
Entire Agreement
The Agreement constitutes the entire agreement between You and CaiChat.AI regarding Your use of the Service and supersedes all prior and contemporaneous written or oral agreements between You and CaiChat.AI.
You may be subject to additional terms and conditions that apply when You use or purchase other CaiChat.AI services, which CaiChat.AI will provide to You at the time of such use or purchase.