Last Updated: October 23th, 2024
These Terms of Service ("Terms", "Terms of Service") are entered into by and between Smart AI Tools L.L.C ("Company","Us", "chatiki.ai"), and its Users and visitors to the website or service "chatiki.ai", and together with the Privacy Policy, govern those persons' access to the Services, as well as any content or functionality of the Services, whether as a visitor or a User. By accessing or using the chatiki.ai website or service ("the Service"), including any content or functionality thereof, you agree to be bound by these Terms, which also incorporate our Privacy Policy.
In the context of these Terms, references to "customer", "client", "you", or "your" shall mean the individual who accesses, uses, and/or participates in the Website in any manner, including their heirs, assigns, and successors. If you are using the Website on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, your acceptance of the Terms will be considered as acceptance by the respective entity, and the terms "you" and "your" herein shall refer to that entity.
YOUR CONTENT. YOU MAY PROVIDE INPUT TO THE SERVICES ("INPUT"), AND RECEIVE OUTPUT FROM THE SERVICES BASED ON THE INPUT ("OUTPUT"). INPUT AND OUTPUT ARE COLLECTIVELY"CONTENT." YOU ARE RESPONSIBLE FOR CONTENT, INCLUDING ENSURING THAT IT DOES NOT VIOLATE ANY APPLICABLE LAW OR THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL RIGHTS, LICENSES, AND PERMISSIONS NEEDED TO PROVIDE INPUT TO OUR SERVICES.
ACCURACY. THE FIELDS OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ARE ADVANCING RAPIDLY. WE ARE CONTINUOUSLY STRIVING TO ENHANCE OUR SERVICES TO MAKE THEM MORE PRECISE, DEPENDABLE, SAFE, AND BENEFICIAL. HOWEVER, DUE TO THE INHERENT PROBABILISTIC NATURE OF MACHINE LEARNING, THE USE OF OUR SERVICES MAY OCCASIONALLY PRODUCE OUTPUT THAT DOES NOT ACCURATELY REPRESENT REAL PEOPLE, PLACES, OR FACTS.
OUR USE OF CONTENT. WE MAY UTILIZE CONTENT TO DELIVER, MAINTAIN, ENHANCE, AND IMPROVE OUR SERVICES. THIS INCLUDES COMPLYING WITH APPLICABLE LAWS, ENFORCING OUR TERMS AND POLICIES, AND ENSURING THE SAFETY OF OUR SERVICES.
By accessing or using the Service, you agree to comply with and be bound by these Terms of Service outlined in this user agreement ("the Terms" or "the Agreement"), regardless of whether you become a registered user of the Service. Failure to adhere to these Terms and the accompanying Privacy Policy may subject you to civil and criminal penalties.
By using our Services, you acknowledge and agree that:
1. Service. Chatiki.ai offers a service ("Service") that enables users to ask questions to AI and receive specific answers. The interaction process is facilitated through our advanced technology. The accuracy and quality of the results depend on the input provided by the users. Users are responsible for ensuring the suitability and clarity of their questions for these interactions.
2. Accounts and Security. To access the Services, you must have an account. You must maintain and are responsible for the confidentiality of your login and password. If requested, you must provide us with a form of identification to verify your identity.
You may not use our Services if:
3. Conditions Of Access.
4. Paid Features. You may purchase a paid Membership for one or more of the products offered by the Company. Your paid Membership will only give you access to the particular Company product for which you have registered. You will not be a Member of those other Services without registering for them specifically.
5. Trial Period. Chatiki.ai provides users with a 1-day free trial to access all features, which include but are not limited to interacting with PDF content, fast processing, and utilizing available tools.
6. Automatic Renewal. We automatically renew all paid Memberships before the expiration of the term of the paid Membership (where permitted by applicable law). When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the cost indicated to you at your initial purchase. Where required by applicable law, the renewal date will be specified in a renewal notice provided to you. IF YOU DO NOT WANT YOUR PAID MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST CANCEL YOUR PAID MEMBERSHIP IN ACCORDANCE WITH THE PROCESS SET OUT BELOW IN THESE TERMS OF USE.
7. Cancellation Of Automatic Renewal. If you are a paying Member and you did not cancel your subscription you may apply for cancellation at the latest 24 hours before the date of renewal of the subscription. If you cancel your paid membership less than 24 hours before the expiry of the term of your paid Membership, YOUR PAID MEMBERSHIP WILL BE AUTOMATICALLY RENEWED IN ACCORDANCE WITH THESE TERMS OF USE (WHERE ALLOWED BY APPLICABLE LAW).
8. Cancellation Of Your Membership by The Company. If we cancel a Member’s Membership for that Member’s breach of these Terms of Use, the Member shall not be entitled to a refund for the period remaining to elapse until the expiry of the account, without prejudice to any damages sought by us as compensation for the loss suffered.
9. Your Personal Data Rights & General Data Protection Regulation (GDPR), CCPA (California), DPA (United Kingdom), LGPD (Brazil), DCIA (Canada), NZPA (New Zealand), APA (Australia), LPDP (Turkey). How we use your data and your data privacy rights are covered under our Privacy Policy and are hereby integrated into these Terms of Service. If you have questions concerning your data rights and our obligations under the GDPR please consult our Privacy Policy. Our Privacy Policy covers a variety of information about your data rights including but not limited to our obligations and rights as a processor, obligations and rights of the controller, subject matter of data processing, duration of data processing, nature and purpose of data processing, type of personal data collected, categories of data subjects collected, and special categories of personal data collected.
In case of a personal data removal request, please contact us at support@chatiki.ai. Once the data removal request is processed, you will receive a confirmation message to your email address.
10. Content Rights and Licenses. The Services, and all Content other than User Content and all software available on the Services or used to create and operate the Services, is and remains the property of the Company, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Services are accessed, and all rights to the Services, such Content, and such software are expressly reserved.
11. Limited License to Copy Content. Company grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy, and print the portions of the Content available to Users on the Services.
12. Intellectual Property. Users may not engage in any activity on or through the Services, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights.
13. Third-Party Integration. In providing the Service, Company may make available various third-party tools to process payments. These are processed respectively by Apple Pay (App Store) and Google Pay and are subject to their respective terms and conditions. The company is not responsible for the performance of any third-party services or the security of their service. chatiki.ai does store payment processing information and such billing data may be stored by our payment processor (Stripe). Please review Stripe’s Terms of Services for any questions regarding the storing of your billing information.
14. Changes. The Company may update and amend these Terms of Service at any time and the Company will make the updated Terms of Service available through the Services. You understand and agree that you will be deemed to have accepted the updated Terms of Service if you use the Services after the updated Terms of Service are made available to you. If at any point you do not agree to any part of the Terms of Service in operation, you should immediately stop using the Services.
15. Permitted and Restricted Uses.
DISPUTE PROCESS
16. Assumption of Risk. You are solely responsible for ensuring that your use of the Services complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits, or grievances filed against you, including, but not limited to, all damages related to your use of the Services.
17. Process
18. Communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Service, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service.
19. Disclaimer of Warranties. THE COMPANY DOES NOT WARRANT THAT ANY CONTENT ON THE SERVICE, DOCUMENT, OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE CONTENT OF THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE.
20. Limitation of Liability. To the fullest extent permitted by applicable law, in no event shall the Company parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets, or damages for business interruption) arising out of or in any way related to the access to or use of the Services or content (including, but not limited to, user content, third party content and links to third party Services), or the order, receipt or use of any product, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any Company party, or from events beyond the Company parties’ reasonable control, such as Service interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Company parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable). To the extent that a Court of Law decides the Company is responsible for any damages, users agree that any award for damages shall not exceed the total amount of payments paid by the user during the previous one-year period to the Company in connection with the services relating to such liability.
21. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged Company Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:
22. Entire Agreement. These Terms of Service incorporate by reference any notices contained in the Services, including within the Privacy Policy and Earning Disclaimer, and constitute the entire agreement with respect to access to and use of the Services, Services, and Content.
23. Severability. If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
24. No Waiver. No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
25. No Class Actions. You and Company agree that there will be no class arbitration or arbitration in which individual attempts to resolve a Dispute as a representative of another individual or group of individuals.
26. Governing Law. This Agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the United Arab Emirates.
27. Contact Us:
Smart AI Tools L.L.C
Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba,
Dubai, U.A.E