User
Agreement
Welcome to AmoreChat!
These Terms of Service
("Terms") govern your utilization of AmoreChat and the software,
content, and services (collectively referred to as "Services")
provided through our website, AmoreChat-ai.com, and its subdomains (the "Website"), as well as our
mobile app, AmoreChat, available on iOS and Android (the "Apps").
Please carefully review these terms
before commencing your use of the Services.
The term "device" pertains
to the apparatus used to access the Services, encompassing, but not limited to,
computers, smartphones, and tablets.
The term "you" designates
the user of the Services.
Upon signing up for any of the
Services or engaging in their use or access in any manner, you are agreeing to
be bound by these Terms, as well as all applicable laws, rules, and
regulations. Through your use of the Services, you signify your acceptance of
these Terms and your commitment to adhere to them. If you do not consent to
these Terms, kindly refrain from using the services.
AmoreChat provides [an interactive
program that enables self-help through communication with your personal chatbot
via text and voice interfaces.]
1.1. Alteration of the Service
We retain the right to modify or
discontinue, temporarily or permanently, the Services (or any part thereof)
with or without prior notice. You acknowledge that AmoreChat shall not be
held liable to you or any third party for any modifications, suspensions, or
discontinuations of the Services.
1.2. Suspension or Termination of
Services
Your use of the Services may be
suspended or terminated due to fraudulent activities or a breach of any
obligations outlined in these Terms. Such suspension or termination may occur
immediately and without prior notice.
1.3. General Practices Regarding Use
and Storage
You recognize that we may establish
general practices and limitations concerning the use of the Services,
including, but not limited to, the maximum duration for which data or other
content will be retained by the Services and the maximum storage space allocated
on our servers on your behalf. You agree that AmoreChat bears no
responsibility or liability for the deletion or failure to store any data or
content maintained or uploaded by the Services. You acknowledge our right to
terminate accounts that remain inactive for an extended period. Furthermore,
you acknowledge our right to modify these general practices and limitations at
our discretion, with or without notice.
1.4. Fees and Payment
To access or use the Services or
specific features, you may be required to pay fees. You are responsible for
paying any applicable fees as listed on the Services. Unless expressly provided
otherwise in these Terms, all fees are non-refundable to the fullest extent
permitted by applicable law.
Fees may be recurring or based on
usage. If specified as recurring or usage-based, you agree that we may charge
these fees periodically to the Payment Method you specify during your initial
purchase. By using a Payment Method to pay fees, you expressly authorize us to
charge the Payment Method for the fees, along with any applicable taxes.
Unless expressly agreed otherwise in a
separate contract, you acknowledge and agree that fees for access to or use of
the Services may increase at any time. Additional fees may apply for additional
Services or features that AmoreChat may introduce. In such cases, we will
provide notice before charging additional fees. If you do not accept these
additional fees, we may discontinue your access to the Services or features.
You also acknowledge that we will not be held liable for errors caused by
third-party payment processors we may employ.
1.5. Subscription
Once you create a AmoreChat Account
(defined below), you can choose one of the subscription programs offered in
AmoreChat:
1.5.1. "Free Use": a
free-of-charge program. The "Free Use" is aimed at users who cannot
afford any of our subscription-fee based programs. We reserve the right to deny
the free use to anyone at any time on our own discretion.
1.5.2. "AmoreChat +": a
subscription-fee based program, which gives full access to the Services.
You can become a subscriber to a paid
subscription program (the "Paid Subscriptions") by purchasing a
subscription to the Services within the Apps, where allowed by the App
marketplace partners (e.g. Apple iTunes Store and Google Play store).
Any of our paid subscriptions shall be
paid in monthly installments and processed by the App marketplace partner
through which you originally acquired the subscription.
You will only have access to a paid
subscription while it is active and subsisting. Should you fail to pay your
subscription after due date, you will automatically downgrade to "Free
Use".
The renewal subscription fees will
continue to be billed to the Payment Method you provided through the
marketplace, automatically until canceled. You must cancel your subscription
before it renews each billing period to avoid billing of the next subscription
fee to the Payment Method you provided. Refunds cannot be claimed for any
partial-month subscription period. You can modify or cancel your paid
subscription only through the App marketplace where you originally acquired the
subscription.
2.1. User conduct
You bear full responsibility for all
code, video, audio, images, information, data, text, software, music, sound,
photographs, graphics, messages, or other materials ("content") that
you upload, post, publish, or display (hereinafter referred to as
"upload") or send via email or use in any way through the Services.
The following outlines examples of content and/or usage that are deemed illegal
or prohibited by AmoreChat. We retain the right to investigate and take
appropriate legal action against anyone who, at our sole discretion, violates
this provision. This may include, but is not limited to, removing the offending
content from the Services, suspending or terminating the account of such
violators, and reporting them to law enforcement authorities.
You agree not to use the Services to:
a. Submit, transmit, email, or
otherwise upload any content that
(i)
infringes on the intellectual property or other proprietary rights of any
party;
(ii) you do not have the right to
upload under any law or under contractual or fiduciary relationships;
(iii) contains software viruses or any
other computer code, files, or programs designed to interrupt, destroy, or
limit the functionality of any computer software, hardware, or
telecommunications equipment;
(iv) poses or creates a privacy or
security risk to any person;
(v) constitutes unsolicited or
unauthorized advertising, promotional materials,commercial
activities, and/or sales, "junk mail," "spam," "chain
letters," "pyramid schemes," "contests,"
"sweepstakes," or any other form of solicitation;
(vi) is unlawful, harmful,
threatening, abusive,
harassing, tortious, excessively
violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of
another's privacy, racially or ethnically offensive, or otherwise
objectionable;
(vii) in the sole judgment of AmoreChat, is objectionable or restricts or inhibits any other person from using or
enjoying the Services, or may expose AmoreChat or its users to any harm or
liability of any type;
b. Interfere with or disrupt the
Services, servers, or networks connected to the Services, or disobey any
requirements, procedures, policies, or regulations of networks connected to the
Services; or
c. Violate any applicable local,
state, national, or international law or any regulations having the force of
law;
d. Impersonate any person or entity,
or falsely state or otherwise misrepresent your affiliation with a person or
entity;
e. Solicit personal information from
anyone under the age of 18;
f. Harvest or collect email addresses
or other contact information of other users from the Services by electronic or
other means for the purposes of sending unsolicited emails or other unsolicited
communications;
g. Advertise or offer to sell or buy
any goods or services for any business purpose that is not specifically
authorized;
h. Further or promote any criminal
activity or enterprise or provide instructional information about illegal
activities; or
i. Obtain or attempt to access or
otherwise obtain any materials or information through any means not
intentionally made available or provided for through the Services.
Content Moderation and User
Interaction Mechanisms
2.1.1 Filtering Objectionable Content
To ensure a positive and safe user
experience, AmoreChat employs a method for filtering objectionable content.
This method involves the use of advanced algorithms and content moderation
techniques to identify and restrict content that violates our community
guidelines or is deemed inappropriate. While our filtering system aims to be
effective, it may not catch every instance of objectionable content, and users
are encouraged to utilize additional mechanisms for reporting such content.
2.1.2 Flagging Objectionable Content
We provide users with a mechanism to
flag objectionable content they encounter within the platform. This feature
enables our community to actively participate in content moderation by
reporting material that may violate our terms of service. Upon receiving a
flag, our moderation team will review the reported content and take appropriate
actions, which may include removal or other moderation measures.
2.1.3. Blocking Abusive Users
In our commitment to fostering a
respectful and secure online environment, users have the ability to block
abusive individuals. This mechanism empowers users to control their interaction
experience by preventing communication from specific users who engage in
abusive behavior. When a user is blocked, they will no longer be able to send
messages or interact with the user who initiated the block.
These mechanisms collectively
contribute to maintaining a positive and secure community within AmoreChat.
We appreciate our users' cooperation in flagging objectionable content and
utilizing the tools provided to enhance their overall experience on our
platform.
If any of the above violations are
found, the content will be deleted and the user who provided the violating
content will be expelled.
2.2. Commercial use
The Service is for personal use only.
Unless otherwise expressly authorized herein or in the Services, you agree not
to display, distribute, license, perform, publish, reproduce, duplicate, copy,
create derivative works from, modify, sell, resell, exploit, transfer, or
upload for any commercial purposes, any portion of the Services, use of the
Services, or access to the Services.
2.3. Use by minors
These Services are not intended for
individuals under the age of 16. If you are above 16 but below 18, you must
obtain permission from your parent or legal guardian to use the Services. If
you are using the Services on behalf of another person or entity, you must have
the authorization to accept the Terms on their behalf.
To register for an account, you are
required to provide accurate and complete information. Your access credentials
or account should not be shared with individuals outside your organization, and
you are accountable for all activities conducted using your credentials.
We do not knowingly collect personally
identifiable information from individuals under the age of 13. In the event
that we become aware that a minor under 13 has furnished us with personal
information, we promptly delete such information from our servers. If you are a
parent or guardian and you discover that your child has provided us with
personal information, please contact us so that we can take the necessary
actions.
2.4. Account Registration and Security
To utilize certain features of AmoreChat's Services, you are required to create an account ("Account").
During the account registration process, you agree to provide accurate,
current, and complete information as prompted by the registration form
("Registration Data").
You are solely responsible for
maintaining the confidentiality of your login credentials, including but not
limited to your username, password, and any other piece of information used as
part of our security procedures. You must not disclose your login credentials
to any third party, and you are entirely responsible for any and all activities
that occur under your Account.
You are responsible for implementing
adequate security and backup features, including appropriate encryption
methods, to protect your Account and any content related to it from
unauthorized access. It is strongly recommended that you routinely archive or
backup your content and Registration Data.
AmoreChat shall not be liable for
any loss, damage, or other security incidents that may occur from your failure
to comply with this section. Any activities performed under your Account will
be deemed as your own actions and will be subject to terms and conditions as
stipulated in this Agreement.
You may delete your Account at any
time by deactivating your account. We reserve the right to suspend or terminate
your Account, in accordance with Section 1.2, if we have reasonable grounds to
believe that the information provided is inaccurate, not current, incomplete,
or if your use of the Account is in breach of any of these Terms.
2.5. Mobile network
If you're using the app outside of an
area with Wi-Fi, you should remember that your terms of the agreement with your
mobile network provider will still apply. As a result, you may be charged by
your mobile provider for the cost of data for the duration of the connection
while accessing the app, or other third party charges.
In using the app, you're accepting responsibility for any such charges,
including roaming data charges if you use the app outside of your home
territory (i.e. region or country) without turning off data roaming. If you are
not the bill pay er for the device on which you're using the app, please be
aware that we assume that you have received permission from the bill pay er for
using the app.
2.6. Mobile services
Some of our Services are available via
a mobile device, including (i) the ability to upload
content to the Services via a mobile device, (ii) the ability to browse the
Services and the Website from a mobile device and (iii) the ability to access
certain features through an application downloaded and installed on a mobile
device (collectively, the "Mobile Services"). To the extent you
access the Services through a mobile device, your wireless service carrier's
standard charges, data rates, and other fees may apply.
In addition, downloading, installing,
or using certain Mobile Services may be prohibited or restricted by your
carrier, and not all Mobile Services may work with all carriers or devices.
By using the Mobile Services, you
agree that we may communicate with you regarding AmoreChat and other entities
by SMS, MMS, text message or other electronic means to your mobile device and
that certain information about your usage of the Mobile Services may be
communicated to us. In the event you change or deactivate your mobile telephone
number, you agree to promptly update your AmoreChat account information to
ensure that your messages are not sent to the person that acquires your old
number.
2.7. Special notice for international
use; Export controls
Software (defined below) available in
connection with the Services and the transmission of applicable data, if any,
is subject to United States export controls. No Software may be downloaded from
the Services or otherwise exported or re-exported in violation of U. S. export
laws. Downloading or using the Software is at your sole risk. Recognizing the
global nature of the Internet, you agree to comply with all local rules and
laws regarding your use of the Service, including as it concerns online conduct
and acceptable content.
3.1. Service content, software, and
trademarks
You acknowledge and agree that the
Services may contain content or features ("Service Content") that are
protected by copyright, patent, trademark, trade secret, or other proprietary
rights and laws. Except as expressly authorized by AmoreChat, you agree not
to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create
derivative works based on the Services or the Service Content, in whole or in
part, except that the foregoing does not apply to your own User Content (as
defined below) that you legally upload to the Services.
In connection with your use of the
Services, you will not engage in or use any data mining, robots, scraping or
similar data gathering or extraction methods. If you are blocked by AmoreChat
from accessing the Services (including by blocking your IP address), you agree
not to implement any measures to circumvent such blocking (e. g., by masking
your IP address or using a pro xy IP address). Any
use of the Services or the Service Content other than as specifically
authorized herein is strictly prohibited.
The technology and software underlying
the Services or distributed in connection therewith are the property of AmoreChat, our affiliates and our partners (the "Software").You agree not to copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, or otherwise transfer any right in the
Software. Any rights not expressly granted herein are reserved by AmoreChat.
3.2. Third party material
Under no circumstances will AmoreChat be liable in any way for any content or materials of any third parties
(including users), including, but not limited to, any errors or omissions in
any content, or any loss or damage of any kind incurred as a result of the use
of such content. You acknowledge that AmoreChat does not pre-screen content,
but AmoreChat and its designees will have the right (but not the obligation)
in their sole discretion to refuse or remove any content that is available via
the Services. Without limiting the foregoing, AmoreChat and its designees
will have the right to remove any content that violates these Terms of Service
or is deemed by AmoreChat, in its sole discretion, to be objectionable. You
agree that you must evaluate and bear all risks associated with the use of any
content, including any reliance on the accuracy, completeness, or usefulness of
such content.
3.3. User content transmitted through
the Services
3.3.1. Ownership and Warranties
Any text, images, videos, data, or
other materials that you create, upload, or generate using AmoreChat Services
shall collectively be referred to as "User-Generated Content." You
retain complete ownership of all User-Generated Content that you produce
through AmoreChat Services, including intellectual property rights and other
proprietary rights. To the extent you create derivative works, you own all
rights in those derivative works as permissible under applicable law.
With respect to the content or other
materials you upload through the Services or share with other users or
recipients (collectively, "User Content"), you represent and warrant
that you own all rights, title, and interest in and to such User Content,
including, without limitation, all copyrights and rights of publicity contained
therein.
By uploading any User Content, you
hereby grant and will grant AmoreChat and its affiliated companies a
non-exclusive, worldwide, royalty-free, fully paid-up, transferable,
sublicensable, perpetual, irrevocable license to copy, display, upload, perform,
distribute, store, modify, and otherwise use your User Content in connection
with the operation of the Services or the promotion, advertising, or marketing
thereof in any form, medium, or technology now known or later developed.
You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback, or other information about
the Services ("Submissions"), provided by you to AmoreChat, are
non-confidential and AmoreChat will be entitled to the unrestricted use and
dissemination of these Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to you. You acknowledge and agree that
AmoreChat may preserve content and may also disclose content if required to
do so by law or in the good faith belief.
You further acknowledge that you, and
not AmoreChat, are entirely responsible for all User Content that you upload,
post, e-mail, transmit or otherwise make available through AmoreChat's
Services, and that you and other Registered Users of AmoreChat, and not AmoreChat, are similarly responsible for all Content that you and they make
available through AmoreChat's Services.
For avoidance of doubt, violations of
AmoreChat's Terms of Use unrelated to intellectual property issues does not
affect the user's intellectual property rights in any characters or their
generations.
3.3.2. Similarity of Content
Due to the machine learning algorithms
deployed by AmoreChat, the output generated by the Services may resemble
outputs for other users. Such outputs are not considered your exclusive
content.
3.3.1. Accuracy of Output
The Services are based on rapidly
evolving fields of AI and machine learning. You acknowledge that our outputs
may contain inaccuracies or errors. You are responsible for evaluating the
accuracy of outputs for your use case.
3.4. Copyright complaints
AmoreChat respects the intellectual
property of others, and we ask our users to do the same. If you believe that
your work has been copied in a way that constitutes copyright infringement, or
that your intellectual property rights have been otherwise violated, you should
notify AmoreChat of your infringement claim in accordance with the procedure
set forth below.
We will process and investigate
notices of alleged infringement and will take appropriate actions under the
Digital Millennium Copyright Act ("DMCA") and other applicable
intellectual property laws with respect to any alleged or actual infringement.
A notification of claimed copyright infringement should be emailed to AmoreChat's Copyright Agent at customerservice@amoreverse.com(Subject
line: "DMCA Takedown Request"). To be effective, the notification
must be in writing and contain the following information:
a. Electronic or Physical Signature:
An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
b. Proof of Copyright Ownership: A
description of the copyrighted work or other intellectual property that you
claim has been infringed, accompanied by proof of copyright ownership such as a
copy of the copyrighted work itself or a copy of the registration form for said
work.
c. Infringing Material: A description
of where the material that you claim is infringing is located on the Services,
with enough detail that we may find it on the Services;
d. Contact Details: Your address,
telephone number, and email address;
e. Good Faith Statement: A statement
by you that you have a good faith belief that the disputed use is not
authorized by the copyright or intellectual property owner, its agent, or the
law;
f. Accuracy Affidavit: A statement by
you, made under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner's behalf.
3.5. Counter-notice
If you believe that your User Content
that was removed (or to which access was disabled) is not infringing, or that
you have the authorization from the copyright owner, the copyright owner's
agent, or pursuant to the law, to upload and use the content in your User
Content, you may send a written counter-notice containing the following
information to the Copyright Agent:
a. Physical or Electronic Signature:
Your electronic or physical signature;
b. Identification and Proof of
Ownership: Identification of the User Content that has been removed or to which
access has been disabled, including the location where the content appeared
before its removal or disabling. Accompany this with proof of ownership or
authorization, such as a copy of the copyrighted work itself or a copy of the
registration form for said work.;
c. Good Faith Statement: A statement
that you have a good faith belief that the content was removed or disabled as a
result of mistake or a misidentification of the content; and
d. Contact Details: Your name,
address, telephone number, and email address;
f. Jurisdiction Consent and Acceptance
of Service of Process: A statement that you consent to the jurisdiction of the
federal court located within Northern District of California and a statement
that you will accept service of process from the person who provided
notification of the alleged infringement.
If a counter-notice is received by the
Copyright Agent, AmoreChat will send a copy of the counter-notice to the
original complaining party informing that person that it may replace the
removed content or cease disabling it in 10 business days. Unless the copyright
owner files an action seeking a court order against the content provider,
member or user, the removed content may be replaced, or access to it restored,
in 10 to 14 business days or more after receipt of the counter-notice, at our
sole discretion.
Repeat Infringer Policy: In accordance
with the DMCA and other applicable law, AmoreChat has adopted a policy of
terminating, in appropriate circumstances and at its sole discretion, users who
are deemed to be repeat infringers. AmoreChat may also at its sole discretion
limit access to the Services, whether or not there is any repeat infringement.
3.6. Monitoring and Enforcement
AmoreChat may, but not obligated to:
(a) remove or refuse to post any of your Content that we deem necessary or
appropriate in our sole discretion, including if we believe that such Content
violates this Terms of Use, infringes any intellectual property right or other
right of any person or entity, or could create liability for the Company; (b)
take appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Services; and/or (c)
terminate or suspend your access to all or part of the Services for any reason
or no reason, including any violation of this Terms of Use.
Please note that the successful
uploading of Content does not constitute an endorsement by AmoreChat of the
legality or appropriateness of said Content.
3.7. Other Intellectual Property
Rights
You represent and warrant that the
User Content does not infringe upon the trademark, patent, trade secret or
other intellectual property rights of any third party.
If you believe that any content
infringes third party rights or does not comply with these Terms, you can send
us an email at customerservice@amoreverse.comwith
the required documents and information under this Section.
The Services may provide links or
other access to other sites and resources on the Internet. We have no control
over such sites and resources and we are not responsible for and do not endorse
such sites and resources. You further acknowledge and agree that AmoreChat
will not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance
on any content, events, goods or services available on or through any such site
or resource. Any dealings you have with third parties found while using the
Services are between you and the third party, and you agree that AmoreChat is
not liable for any loss or claim that you may have against any such third
party.
You may enable, connect or log in to
the Services via various online third party services,
such as social media and social networking services like Facebook, Instagram or
Twitter ("Social Networking Services"). By logging in or directly
integrating these Social Networking Services into the Services, we make your
online experiences richer and more personalized. To take advantage of this
feature and capabilities, we may ask you to authenticate, register for or log
into Social Networking Services on the websites of their respective providers.
As part of such integration, the Social Networking Services will provide us
with access to certain information that you have provided to such Social
Networking Services, and we will use, store and disclose such information in
accordance with our Privacy Policy. However, please remember that the manner in
which Social Networking Services use, store and disclose your information is
governed solely by the policies of such third parties, and AmoreChat shall
have no liability or responsibility for the privacy practices or other actions
of any third party site or service that may be enabled
within the Service.
In addition, AmoreChat is not
responsible for the accuracy, availability or reliability of any information,
content, goods, data, opinions, advice or statements made available in
connection with Social Networking Services. As such, AmoreChat is not liable
for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Social Networking Services. AmoreChat enables
these features merely as a convenience and the integration or inclusion of such
features does not imply an endorsement or recommendation.
YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"AND "AS
AVAILABLE" BASIS.COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
AmoreChat MAKES NO WARRANTY THAT (I)
THE SERVICE WILL MEET YOUR REQUIREMENTS,(II)THE
SERVICE WILL BE UNINTERRUPTED,TIMELY, SECURE,OR ERROR-FREE,(III)THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
OR (IV)THE QUALITY OF ANY PRODUCTS, SERVICES,INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT AmoreChat WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
GOODWILL, USE,DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES),WHETHER BASED ON CONTRACT, TORT,NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO
USE THE SERVICE;(II)THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROMANY GOODS,DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(III)UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;OR (V)ANY OTHER MATTER
RELATING TO THE SERVICE. IN NO EVENT WILL AmoreChat' TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID
COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE
DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH
RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR
WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USE OF THE SERVICES.
IF YOU ARE A USER FROM NEW JERSEY, THE
FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND
"LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS
PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE
SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE
INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING
PORTIONS OF THE APPLICABLE SECTIONS.
8.1 Indemnification
You agree to defend, indemnify, and
hold harmless AmoreChat, its subsidiaries, affiliates, officers, directors,
employees, agents, and licensors (collectively referred to as the "AmoreChat Parties") from and against any claims, actions, losses, damages,
expenses, including reasonable attorneys' fees, resulting from or relating to:
a. Your use of the AmoreChat
Services, including any user-generated content or activities under your AmoreChat account;
b. Any breach of this Agreement,
including violations of any applicable laws or rights of a third party; or
c. Any disputes between you and other
users of the AmoreChat Services.
8.2 Equitable Relief
You acknowledge that your violation of
this Agreement may cause irreparable harm to AmoreChat. Therefore, AmoreChat shall have the right to seek injunctive or other equitable relief against
you in addition to any other legal remedies available. You waive any
requirement that AmoreChat post a bond or other security in connection with
such relief.
PLEASE READ THIS SECTION CAREFULLY
BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE
YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY
DECIDE YOUR CASE. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW MANDATORY
ARBITRATION PROVISIONS OR CLASS ACTION WAIVERS, SO SOME OR ALL OF THIS SECTION
8 MAY NOT APPLY TO YOU.
In order to expedite and control the
cost of disputes, AmoreChat and you agree that any legal or equitable claim,
dispute, action, or proceeding arising from or related to your use of the
Services or these Terms ("Dispute") will be resolved as follows to
the fullest extent permitted by applicable law. This applies to all Disputes,
whether based in contract, tort, statute, fraud, misrepresentation, or any
other legal theory, even if the Dispute arises after the termination of these
Terms.
YOU UNDERSTAND AND AGREE THAT YOU AND
AmoreChat ARE HEREBY WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO
JOIN AND PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER
THE LAW.
a. Opt-Out of Arbitration Agreement.
If you are an individual consumer, you can opt out of arbitration within 30
days of the date that you first agreed to these Terms (including any earlier
version). If you are an individual consumer and have previously agreed to
arbitration, then you may opt out of any future revisions to the arbitration
provision within 30 days of receiving notice of the updated arbitration
provision, in which case the prior version of the arbitration provision will
apply. To opt out of arbitration (or revisions to this arbitration provision),
you must send your name, residence address, username, email or phone number you
use for your Services account, and a clear statement that you want to opt out
of this arbitration agreement (or of the revisions to it), and you must send
them here: customerservice@amoreverse.com.
b. Notice of Dispute. In the event of
a Dispute, you or AmoreChat must give the other 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 a proposed solution (a "Notice of
Dispute"). You must send any Notice of Dispute by first class U. S. Mail
to AmoreChat at 20 EMERALD HILL ROAD, Singapore, 229302, Singapore and also
via email to customerservice@amoreverse.com.
AmoreChat will send any Notice of Dispute to you by first class U. S. Mail to
your address if AmoreChat has it, or otherwise to your email address. You and
AmoreChat will attempt to resolve any Dispute through informal negotiation
within 45 days from the date the Notice of Dispute is sent. After 45 days, you
or AmoreChat may commence arbitration. An arbitrator will decide any disputes
over whether this subsection has been violated, and has the power to enjoin the
filing or prosecution of arbitrations. Unless prohibited by applicable law, the
arbitrator will not administer any arbitration unless the requirements of this
subsection have been met.
c. Mediation, Binding Arbitration, and
Governing Law. You and AmoreChat will endeavor to settle any Dispute by
mediation under the Mediation Rules of Judicial Arbitration and Mediation
Services, Inc. ("JAMS"). The place of mediation will be Singapore.
Any Dispute which has not been resolved by mediation as provided herein within
30 days after appointment of a mediator or such time period as you or AmoreChat may otherwise agree, will be finally resolved by binding arbitration as
described in this Section 8. You are giving up the right to litigate (or
participate in as a party or class member) all Disputes in court before a judge
or jury. Instead, all Disputes will be resolved before a neutral arbitrator,
whose decision will be final except for a limited right of appeal under the
Federal Arbitration Act. The arbitrator will decide all issues pertaining to
arbitrability, including his or her own jurisdictional validity and
enforceability of the Agreement (e.g., unconscionability). For the avoidance of
doubt, this is not meant to reduce any powers granted to the arbitrator under
the applicable JAMS rules. The place of arbitration will be Singapore. Any
court with jurisdiction over the parties may enforce the arbitrator's award.
d. Class Action Waiver. TO THE FULL
ESTEXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AND AmoreChat AGREE THAT ANY
PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED
SOLELY ON AN INDIVIDUAL BASIS, AND NEITHER YOU NOR AmoreChat WILL SEEK TO
HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH
EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No
arbitration or proceeding will be combined with another without the prior
written consent of all parties to all affected arbitrations or proceedings.
CLASS ACTIONS AND CLASS ARBITRATIONS ARE NOT PERMITTED; for example, you may
bring a claim only on your own behalf and cannot seek relief that would affect
other Services users. Nor may an arbitrator consolidate arbitrations unless all
parties agree. If there is a final judicial determination that the limitations
of this paragraph are unenforceable as to a particular claim or a particular
request for relief (such as a request for injunctive relief), then the parties
agree that such a claim or request for relief will be decided by a court after
all other claims and requests for relief are arbitrated.
e. Mass Arbitrations. If 10 or more
claimants submit similar Notices of Dispute or file similar arbitrations and
are represented by the same or coordinated counsel, all of the cases must be
resolved in arbitration in stages using staged bellwether proceedings. You
agree to do this even though the resolution of some claims might be delayed. In
the first stage, the parties will select up to 5 cases to be filed in
arbitration and resolved by separate arbitrators. In the meantime, no other
cases may be filed in arbitration. Nor may the arbitration provider accept,
administer or demand payment for fees for other arbitrations. If the remaining
cases are not settled after the first stage is done, the parties will repeat
the process. These staged bellwether proceedings will continue until all cases
are resolved. If this subsection applies to a Notice of Dispute, any statute of
limitations applicable to the listed claims will be tolled from the time the
first cases are selected for bellwether proceedings until the claimant's Notice
of Dispute is selected for a bellwether proceeding or otherwise resolved. A
court will have the authority to en force this
subsection, including the power to enjoin the filing or prosecution of
arbitrations or assessment of related fees.
f. Arbitration Procedures. Any
arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration
Rules and Procedures ("JAMS Rules") in effect at the time the Dispute
is filed. You may request a telephonic or in-person hearing by following the
JAMS Rules. In a dispute involving $10,000 or less, any hearing will be
telephonic unless the arbitrator finds good cause to hold an in-person hearing
instead. To the extent the forum provided by JAMS is unavailable, AmoreChat
and you agree to select a mutually agreeable alternative dispute resolution
service and that such alternative dispute resolution service will apply the
JAMS Rules. Subject to the limitations of liability contained herein, the
arbitrator may award the same damages to you individually as a court could. The
arbitrator may award declaratory or injunctive relief only to you individually,
and only to the extent required to satisfy your individual claim.
g. Arbitration Fees. Whoever files the
arbitration will pay the initial filing fee. If AmoreChat files, then AmoreChat will pay; if you file, then you will pay unless you get a fee waiver
under the applicable arbitration rules. Each party will bear the expense of
that party's attorneys, experts, and witnesses, and other expenses, regardless
of which party prevails, but a party may recover any or all expenses (including
attorney's fees) from another party if the arbitrator, applying applicable law,
so determines.
h. Filing Period. TO THE FULLEST
EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ANY DISPUTE UNDER THESE TERMS MUST BE
FILED WITHIN ONE (1)YEAR IN AN ARBITRATION PROCEEDING.
The one-year period begins on the earliest date when any of the events giving
rise to the Dispute first occurs. If a claim is not submitted within one year,
it is permanently barred. This period can only be extended by the written
consent of both parties. No statutes or provisions of law that would toll or
otherwise affect the time in which a party may bring a claim will operate to
extend the period limited in this Section 8, and any such statutes and
provisions are hereby waived, to the fullest extent permissible under
applicable law.
i. Enforceability. If the waiver of
class actions above is found unenforceable, or this entire section is found
unenforceable, then this entire section will be null and void. If that happens,
you and AmoreChat agree that our Terms will be governed by and construed and
interpreted in accordance with the laws of Singapore, without giving effect to
conflict of law principles. If a lawsuit or court proceeding is permitted under
our Terms notwithstanding Section 8, you and AmoreChat agree that any such dispute
will be litigated in the state or federal courts located in Singapore, and you
and AmoreChat submit to the personal and exclusive jurisdiction of those
courts. By using the Services, you waive any claims that may arise under the
laws of other jurisdictions.
j. Confidentiality. All aspects of the
arbitration proceeding, and any ruling, decision, or award by the arbitrator,
will be strictly confidential for the benefit of all parties.
10. USER DISPUTES
You agree that you are solely
responsible for your interactions with any other user in connection with the
Service and AmoreChat will have no liability or responsibility with respect
there to. AmoreChat reserves the right but has no obligation, to become
involved in any way with disputes between you and any other user of the
Service.
11. CHANGES TO TERMS OF SERVICE
We may update our Terms of Service
from time to time. Thus, you are advised to review this page periodically for
any changes. We will notify you of any changes by posting the new Terms and
Conditions on this page.
12. YOUR PRIVACY
At AmoreChat, we respect the privacy
of our users. For details please see our Privacy
Policy. By using the Service, you consent to our collection and use of personal
data as outlined therein.
13. Miscellaneous
13.1. Relationship of the Parties
These Terms do not establish a
partnership, joint venture, or agency relationship between you and AmoreChat
or any of AmoreChat's affiliates. AmoreChat and you are regarded as
independent contractors, and neither party has the authority to bind the other
or assume obligations on the other's behalf without the prior written consent
of the other party.
13.2. Entire Agreement
These Terms constitute the complete
agreement between you and AmoreChat, governing your use of our Services and
replacing any prior agreements between you and AmoreChat regarding the
Services.
13.3. Severance
If any provision of these Terms is
deemed invalid by a court of competent jurisdiction, the parties agree that the
court should strive to uphold the parties' intentions as reflected in the
provision, and the remaining provisions of these Terms shall remain fully valid
and enforceable.
13.4. Assignment and Delegation
You are not permitted to assign or
delegate any rights or obligations under these Terms, including in connection
with a change of control. Any attempted assignment and delegation will be
deemed void. We may assign these Terms in the event of a merger, acquisition,
or sale of all or substantially all of our assets, or to any affiliate, or as
part of a corporate reorganization.
Contact Us
If you have any questions or
suggestions about our Terms and Conditions, do not hesitate to contact us at customerservice@amoreverse.com.