Introduction
These Terms of Use and End User License Agreement (collectively referred to as the “Agreement”), along with all accompanying documents, establish a legally binding contract between you, a natural person (“you,” “your,” or “user”), and ChatBot AI (Media Ape Ventures LLC) (“we,” “us,” or “our”). This Agreement pertains to your access to and utilization of the “ ChatBot AI” software application for mobile devices (referred to as the “App”). Please note that the App’s title may vary in different countries, and changes might occur without prior notice. All documents associated with the App are expressly integrated into this Agreement by reference. Before downloading, installing, or using the App, carefully review this Agreement.
By downloading, installing, or using the App, you affirm that you have read, understood, and agreed to the terms of this Agreement. This Agreement takes effect upon your download, installation, or use of the App, and your continued use signifies your adherence to this Agreement.
If you disagree with any part of this Agreement or do not agree with any provision herein, you are not authorized to access, download, install, or use the App. In such cases, you must immediately cease downloading, installing, and removing the App from any mobile device under your control.
Changes to this Agreement
We reserve the right to modify this Agreement at our discretion, and such changes will be effective immediately upon posting. You are responsible for staying informed about any updates to this Agreement, as continued use of the App after such changes constitutes your acceptance.
User Restrictions
To access, install, or use the App, you must be at least eighteen (18) years old. Minors aged between thirteen (13) and seventeen (17) must have parental or guardian consent to use the App. If you are under thirteen (13) years old, you are not allowed to use the App.
By using the App, you confirm that you are at least eighteen (18) years old, an emancipated minor, or possess appropriate parental or guardian consent to use the App. You agree to abide by this Agreement and comply with its terms.
In-app Purchase and Payment Information
Accessing Paid Features: ChatBot AI, available on the Apple App Store, offers premium features through in-app purchases. To unlock these features, users are required to make a payment before accessing them.
In-app Purchase and Payment Information
Accessing Paid Features: ChatBot AI, available on the Apple App Store, offers premium features through in-app purchases. To unlock these features, users are required to make a payment before accessing them.
Subscription Model: In-app purchase features are available on a Weekly and Yearly, subscription basis. These subscriptions are auto-renewable and will be automatically billed by the Apple App Store unless canceled by the user. Account will be charged for renewal within 24 hours prior to the end of the current period. • Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
Free Trials
The App is available for free. Upon downloading the App, you will gain access to its fundamental functionalities.
Certain services and/or additional features within the App (“Premium features”) necessitate In-App Purchases, including paid subscriptions.
The complete roster of Premium features and their pricing is accessible on the App’s page. During the signup process, you may be offered the chance to explore Premium features during a complimentary trial period.
By purchasing a subscription, you agree that the purchase is not dependent on any future functionality or features, nor is it dependent on any oral or written public comments made by ChatBot AI regarding future functionality or features.
A subscription that includes a trial period will automatically transition into a paid subscription. If there’s any remaining unused trial time, it will be forfeited upon purchasing a subscription, where relevant. We retain the right to adjust, conclude, or otherwise modify our subscription plans as needed.
Subscriptions that come with a trial phase will renew as paid subscriptions automatically. Any unused portion of the trial, if provided, will be lost upon subscription purchase, if applicable. We maintain the right to change, terminate, or otherwise revise our subscription offerings at any point.
Subscriptions featuring a trial period will renew as paid subscriptions automatically. If a trial period is offered and any part of it remains unused, it will not carry over when a subscription is purchased, where relevant. We hold the authority to adjust, terminate, or make alterations to our subscription plans as necessary.
Subscriptions that incorporate a free trial will convert into paid subscriptions on auto-renewal. Any remaining unused trial time, if available, will be voided upon subscription purchase, where applicable. We retain the discretion to modify, terminate, or otherwise adjust our subscription packages.
Billing and Refunds: In-app purchases are billed by the Apple App Store, not ChatBot AI. These transactions are subject to the terms and conditions of the respective platform. Any inquiries related to billing or refunds should be directed to the Apple App Store. ChatBot AI (Media Ape Ventures LLC) does not have access to these accounts or transaction details.
Faulty Purchases: In the event that an in-app purchase is not successfully downloaded or malfunctions after download, ChatBot AI (Media Ape Ventures LLC) will investigate and, if necessary, provide a replacement or patch at no additional cost. If replacement or repair is not feasible within a reasonable timeframe, users may be eligible for a refund, authorized by the Apple App Store
Platform Governance: Billing and transaction processes are managed by the Apple App Store and they are governed by the respective platform’s terms and conditions and end-user license agreement. Users encountering payment-related issues should contact the Apple App Store support teams directly. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
Incorporation of Third-Party Materials and Tools
The App integrates the OpenAI API, accessible at HTTPS://BETA.OPENAI.COM/DOCS/API-REFERENCE. You may access a copy of the API TERMS & POLICIES at HTTPS://OPENAI.COM/API/POLICIES/SERVICE-TERMS/.
Because we utilize the OpenAI API to process and generate AI-generated User Content, you hereby consent to be bound by and adhere to the terms outlined in the OpenAI Sharing & Publication Policy when sharing and/or publishing any User Content.
For the purposes of this Agreement, the term “User Content” encompasses both the text you input into the message field and send through the App, as well as any text or other content generated by AI through the App.
PROHIBITED BEHAVIOUR
You agree not to utilize the App in any manner that:
- Is unlawful, unauthorized, or in violation of the law.
- Constitutes defamation of any individual.
- Contains offensive or obscene content.
- Infringes upon the copyrights, database rights, or trademarks of others.
- Advocates promote, or aid in unlawful activities, such as copyright infringement or computer misuse, to provide an illustrative example.
Furthermore, you are prohibited from uploading, inputting, creating, generating via the App, sharing, or distributing the following types of User Content:
- Content that expresses, incites, or promotes hatred based on identity.
- Content with the intent to harass, threaten, or bully any individual.
- Content that promotes or glorifies violence or celebrates the suffering or humiliation of others.
- Content that promotes, encourages, or portrays acts of self-harm, including suicide, cutting, and eating disorders.
- Content designed to elicit sexual excitement, such as explicit descriptions of sexual activity or the promotion of sexual services (excluding sexual education and wellness).
- Content aimed at influencing the political process or for use in campaign purposes.
- Unsolicited bulk content.
- False or misleading content, including attempts to defraud individuals or spread disinformation.
- Content attempting to create ransomware, keyloggers, viruses, or other harmful software.
- Any content that could be reasonably regarded as illegal, defamatory, libelous, immoral, harmful, deceptive, fraudulent, indecent, hateful, racially or religiously biased, offensive, slanderous, obscene, pornographic, sexually explicit, or encouraging others to violate local, state, national, or international laws.
General Terms
The App is designed for entertainment purposes, offering AI-based chat functionality for answering user queries. It is intended solely for personal, non-commercial use, and users must adhere to the App’s intended purposes.
Privacy Policy
Your privacy is of utmost importance. Our Privacy Policy outlines how we process, use, and store information, including personal data. Use of the App and its Services is governed by the PRIVACY POLICY. Your continued use of the App implies acceptance of the Privacy Policy. We reserve the right to amend the Privacy Policy, and any disagreement with it requires cessation of App use.
End User License Agreement
By using the App, you commit to respecting our Intellectual Property Rights as well as those of third parties. The App is provided under a limited, non-exclusive, and revocable license, exclusively for non-commercial purposes. Unauthorized use of copyrighted or trademarked materials is prohibited.
Availability, Security, and Accuracy
The App requires a compatible mobile device and internet access. Compatibility and quality of service are subject to factors beyond our control. The App may be updated to add new features, and we may suspend or close access as needed.
You affirm that any submitted information is accurate and agree to keep it current. You can discontinue use by adjusting settings or uninstalling the App.
Third Party Websites and Resources
The App may link to external websites and third-party services. We disclaim responsibility for content on linked websites and mobile applications. You are solely responsible for using third-party resources and any associated risks.
For queries, concerns, or complaints related to third-party websites or mobile applications, direct your inquiries to the relevant operator.
Disclaimer of Warranties
Using the App and its services is at your own risk. We provide materials, information, and content within the App “as is” and “as available.” We make no warranties, express or implied, regarding merchantability, technical compatibility, or fitness for a specific purpose. We do not guarantee uninterrupted or error-free service.
Limitation of Liability
We are not liable for any type of damage arising from the App’s use or services. We are not liable for special, consequential, or incidental damages, or loss of profit, revenue, or data. We are not responsible for damages arising from third-party products, services, or information accessed through the App. Your App use, content generation, and sharing are at your own risk.
You agree to indemnify us against claims, liabilities, expenses, and damages arising from your App use or non-compliance with this Agreement.
Legal Compliance
You must confirm you are not in a U.S. embargoed country and not listed on U.S. prohibited party lists.
Third-Party Beneficiary
Apple and its subsidiaries are third-party beneficiaries of this Agreement, enabling Apple to enforce its terms upon your acceptance.
Class Action Waiver
You waive the right to pursue or participate in class action lawsuits or proceedings against us.
Dispute Resolution
Disputes should be communicated in writing, and parties will attempt resolution for sixty (60) days before seeking further action.
Termination
We may terminate this Agreement at any time, which would result in the termination of your access rights. Upon termination, you must cease App use.
Severability
If any provision becomes illegal, invalid, or unenforceable, it shall be narrowed, modified, or deleted. The remaining terms remain in effect. Assignment of this contract is prohibited.
HOW TO CONTACT US
If you have any questions about this Privacy policy, please feel free to contact us via support@mediapeventures.com