Terms of use

By using the AAI Alive website (the “Website”), including all Content (as defined below) available through the Website, the AAI Alive mobile application for customers provided through Apple’s App Store (the “App”), or by accessing any associated content such as email feeds, feeds through apps or other related services provided by AAI Alive (collectively the “Service”), the person or entity downloading or using the Service (“You”) signify (a) that You have read and understood these Terms of Use (“TOU”) (which include the Privacy Policy); and (b) that these TOU have the same force and effect as a signed agreement. The Service is provided by AAI ALIVE LTD (“AAI Alive” or “We”).

The Service allows people to create characters and chat with the characters they created and characters created by other users, using a generative artificial intelligence (AI) chat functionality. The basic Service is free to use for customers and message credits can be purchased for full use as described on our website and mobile apps. AAI Alive offers in-app purchases to enhance your experience using the Service.

You affirm that You are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these TOU, and to abide by and comply with these TOU. In addition, You affirm that You have not been previously suspended or removed from the Service.

ATTENTION: PLEASE READ THESE TOU, OUR PRIVACY POLICY, AND OUR COMMUNITY GUIDELINES CAREFULLY BEFORE USING THE SERVICE. DOWNLOADING OR ACCESSING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TOU AND CONSENT TO THE PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THESE TOU AND PRIVACY POLICY, DO NOT USE THE WEBSITE AND DO NOT USE AND DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS IMMEDIATELY.

We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Service. YOU AGREE THAT AAI ALIVE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to these TOU.

We may change these TOU at any time. Please review the TOU each time You visit the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TOU. If we materially change these TOU, we will let You know by showing them to You again when You access the Service and sending an email notifying You of the changes to the email address We have on file for You. If we do not have Your email address, We will update this page to reflect any changes to the TOU.

These TOU include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by You, and a class action waiver in Sections relating to warranties, liabilities, indemnification, and Apple required terms. Please review those sections carefully.

Privacy Policy

Our Privacy Policy describes the information AAI Alive collects when You and others use the Service. It also describes how AAI Alive uses and shares any personal information You share with it. Our Privacy Policy is part of these TOU. By agreeing to these TOU, You are also consenting to our collection, use, and sharing of Your personal information in accordance with our Privacy Policy.

Links to and from the Service

The Service may contain links to third party websites and online services that are not owned or controlled by AAI Alive. AAI Alive has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk.

BY USING THE SERVICE, YOU EXPRESSLY RELEASE AAI ALIVE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE AAI ALIVE PARTIES”) AND APPLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE.

User Submissions

You and other users may submit feedback, notes, text, graphics, photos, videos, material, information, comments, messages, ideas, concepts, know-how, techniques, or other content through the Service (“User Submissions”).

You remain the owner of your User Submissions, as AAI Alive does not claim ownership. However, by submitting content to the Service, you grant AAI Alive and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, offer to sell, sell, and otherwise transfer and exploit the copyrights, inventions, and other intellectual property rights contained in Your User Submissions in connection with operation of the Service and AAI Alive’s business.

You understand that when using the Service, You may be exposed to User Submissions from a variety of sources, and that AAI Alive is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.

Restrictions on Use of the Service

In Your use of the Service, You will not:

  • use the Service for any unlawful purpose;
  • copy, download or distribute any part of the Service without prior written authorization;
  • modify, reverse engineer, decompile, or create derivative works from any part of the Service;
  • resell, sublicense, or commercially exploit the Service;
  • upload unlawful, abusive, defamatory, obscene, pornographic, or infringing material;
  • impersonate another person or entity;
  • collect personal information of other users;
  • upload malicious software, viruses, or harmful code;
  • interfere with the operation or security of the Service;
  • use bots, crawlers, scrapers, or automated systems to access the Service;
  • harass, threaten, stalk, or abuse other users;
  • harm minors in any way.

Intellectual Property

Everything You see, hear, or otherwise experience on the Service, including but not limited to graphics, videos, audio recordings, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to AAI Alive and are protected by copyright and intellectual property laws.

For Your personal use, You may view, copy, and print pages from the Service. Otherwise, the Service and Content may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited without prior written consent.

Refund Policy

Before purchasing any subscription or credits, carefully review the financial terms and other policies. We do not issue refunds for subscription fees, message credits, or unused portions of services except where required by applicable law.

Recurring Billing and Cancellation Policy

By subscribing to the Service, you acknowledge and agree to the following:

  • Subscription fees are automatically charged monthly to your selected payment method.
  • Charges renew automatically unless canceled before the next billing cycle.
  • You may cancel at any time through your Apple subscription settings.
  • Access to paid features continues until the end of the current billing period.
  • No partial refunds or credits are provided for unused subscription periods.

Disclaimers

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE AAI ALIVE PARTIES AND APPLE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY.

AAI ALIVE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL THE AAI ALIVE PARTIES OR APPLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

THE MAXIMUM LIABILITY OF AAI ALIVE ARISING OUT OF OR RELATING TO THESE TOU SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO AAI ALIVE DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnity

You agree to indemnify, defend, and hold harmless AAI Alive, its affiliates, officers, directors, employees, agents, licensors, suppliers, and Apple from and against any claims, liabilities, damages, losses, and expenses arising from:

  • Your use or misuse of the Service;
  • Your violation of these TOU;
  • Your violation of any third-party rights;
  • Any content or User Submissions You provide through the Service.

Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Export Control

You agree to comply with all applicable export laws and regulations of the United States and other jurisdictions in connection with Your use of the Service.

General

These TOU constitute the entire agreement between You and AAI Alive regarding the Service and supersede all prior agreements and understandings.

If any provision of these TOU is found unenforceable, the remaining provisions will remain in full force and effect.

These TOU shall be governed by and construed in accordance with the laws applicable in the jurisdiction where AAI Alive operates, without regard to conflict of law principles.

Apple Required Terms

  • Acknowledgement: These TOU are concluded between AAI Alive and You only, and not with Apple. AAI Alive, not Apple, is solely responsible for the Service.
  • Scope of License: The license granted to You is limited to a non-transferable license to use the App on Apple-branded products that You own or control.
  • Maintenance and Support: AAI Alive is solely responsible for maintenance and support services for the Service.
  • Warranty: AAI Alive is solely responsible for any product warranties.
  • Product Claims: AAI Alive, not Apple, is responsible for addressing claims relating to the Service.
  • Intellectual Property Rights: AAI Alive is solely responsible for investigation and defense of intellectual property infringement claims.
  • Legal Compliance: You represent that You are not located in a country subject to a U.S. Government embargo.
  • Developer Contact: [email protected]
  • Third Party Terms: You must comply with applicable third-party terms when using the Service.
  • Third Party Beneficiary: Apple and Apple’s subsidiaries are third party beneficiaries of these TOU.