1. Introduction
Welcome to AiPal, a ChatGPT in WhatsApp that gives you the fastest responses and provides AI-based solutions to businesses and individuals to enhance their productivity, efficiency, and decision-making abilities. These Terms of Service (“Terms”) are a legal agreement between you (“User,” “you,” or “your”) and AiPal (“we,” “us,” or “our”), governing your use of our website and other services (collectively, the “Services”).
By accessing or using the Services, you agree to these Terms, as well as our Privacy Policy, and any other policies or guidelines we may provide from time to time. If you do not agree with these Terms or our Privacy Policy, you won’t be able to use our Services.
2. Description of Services
Our Services include a wide range of AI-based solutions designed to help businesses and individuals improve their operations and achieve their goals. These services may include but are not limited to, machine learning algorithms and natural language processing.
We reserve the right to modify, suspend, or discontinue our Services, or any part thereof, at any time and without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.
3. Eligibility
You must be at least 18 years old to use our Services. If you are under 18 years old, you may only use our Services with the consent and supervision of a parent or legal guardian.
4. User
The user is in charge of overseeing all activities that take place on their accounts, including compliance with this Agreement and all Content and User Data. User shall use reasonable efforts to prevent unauthorized access to, or use of, the Services, and promptly notify AiPal of any such unauthorized access or use; (ii) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Data; and (iii) comply with all applicable local, provincial, state, federal, and foreign laws related to the Services.
5. User Content
Our Services may allow you to send input and receive output, including text, and images. (“User Content”). You retain all ownership rights to your User Content, and you grant us a non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, publish, and distribute your User Content in connection with our Services.
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and share your User Content and that your User Content does not infringe the intellectual property or other rights of any third party.
You agree not to send input any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, invasive of privacy, or otherwise objectionable, or that infringes the intellectual property or other rights of any third party.
We reserve the right to remove any User Content that violates these Terms or our policies, or that we determine is otherwise objectionable.
6. User Conduct
You agree to use our Services only for lawful purposes and in compliance with these Terms and any applicable laws and regulations. You agree not to
• Harass, bully, or defame others.
• Impersonate others or misrepresent yourself or your affiliation with any person or entity.
• Use our Services to violate any laws or regulations, including but not limited to, intellectual property laws and data privacy laws.
• Attempt to gain unauthorized access to our Services or to other users’ accounts or data.
• Interfere with or disrupt the operation of our Services or any networks or systems connected to our Services.
We reserve the right to terminate your access to our Services or to take other appropriate action if we determine that you have violated these Terms or any applicable laws or regulations.
7. Third-Party Content and Links
Our Services may contain links to third-party websites, products, or services, or may include third-party content such as advertisements or promotional materials. We do not endorse, warrant, or guarantee the accuracy, reliability, or quality of any third-party content or links, and we are not responsible for any content, products, or services provided by third parties.
Your use of third-party content or links is at your own risk, and you should review the terms and policies of any third-party websites or services before using them.
8. Disclaimers and Limitations of Liability
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY INFORMATION OR CONTENT OBTAINED THROUGH OUR SERVICES.
IN NO EVENT SHALL AIPAL, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF YOUR USE OR INABILITY TO USE OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES, SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR YOUR USE OF OUR SERVICES.
9. Indemnification
You agree to indemnify and hold AiPal, our officers, directors, employees, agents, and affiliates, harmless from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including without limitation, reasonable attorneys’ fees, arising out of or in connection with your use of our Services, your User Content, or your violation of these Terms or any applicable laws or regulations.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice of law or conflict of law provisions.
Any dispute arising out of or in connection with these Terms or your use of our Services shall be resolved through binding arbitration, conducted in accordance with the rules of the American Arbitration Association. The arbitration shall take place in city of Wilmington, and the arbitration award may be entered as a judgment in any court of competent jurisdiction.
11. Fees and Payment
The Services may be provided on a subscription basis under specific subscription plans offered by AiPal from time to time (a “Subscription Plan”). Fees are payable in U.S. dollars and Payments are nonrefundable except as provided in this Agreement. AiPal reserves the right to amend the fees on not less than 14 days advance notice in writing to User.
12. Taxes
Please note that unless we expressly state otherwise, the fees for our services do not include any federal, state, local, or foreign taxes, duties, or similar assessments (collectively, "Taxes"). You are responsible for paying any Taxes associated with your purchase of our services, except for Taxes based on our net income. In some cases, we may invoice you separately for such Taxes.
13. Pricing Error
If you have already paid for the product or service but we did not receive the correct payment due to a technical issue, or some other issues, we will make reasonable efforts to rectify the situation and ensure that you are charged the correct price. We may need to cancel your order or purchase and ask you to place a new order at the correct price.
We will notify you of any such pricing error as soon as possible and give you the option to cancel your order or purchase the product or service at the correct price. If we are unable to contact you, or if you do not respond to our notification within a reasonable time period, we reserve the right to cancel your order or purchase it automatically.
14. Refund Policy
We strive to provide our customers with the best service possible. If you are not satisfied with our services, please contact us at hello@getaipal.com to discuss the issue.
If a refund is warranted, we will process the refund within 15-20 business days of receiving your request. Please note that we reserve the right to deny a refund for any reason.
Refunds will be issued in the same form of payment that was used for the original purchase. If you paid by credit card, refunds will be issued to the original credit card used for the purchase.
If you received a promotional discount or free trial period, the value of the discount or trial period will not be refunded.
We reserve the right to modify this refund policy at any time, so please review it periodically. Your continued use of our services after any such modifications constitutes your acceptance of the modified refund policy.
15. Miscellaneous
These Terms constitute the entire agreement between you and AiPal with respect to your use of our Services, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
You may not assign or transfer these Terms or your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent.
We may assign these Terms, in whole or in part, at any time without notice to you.
Nothing in these Terms shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and AiPal.
These Terms are for the benefit of AiPal, our officers, directors, employees, agents, and affiliates, and are not intended to confer any rights or benefits upon any third party.
16. Contact Us
If you have any questions about these Terms or our Services, please contact us at hello@getaipal.com
By using our Services, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.
