AI Chat Assistant PRO Terms of Service and End User License Agreement
I. INTRODUCTION
These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Polaric Core Interactive Inc. (“we,” “us” or “our”), concerning your access to and use of the “AI Chat Assistant PRO“ software application for mobile devices (the “App”). The App’s title may vary in countries other than the U.S. and is subject to change without specific notice.
All the documents that relate to the App are hereby expressly incorporated herein by reference.
Please read this Agreement carefully before you download, install, or use the App.
It is important that you read and understand this Agreement as by downloading, installing, or using the App, you indicate that you have read, understood, agreed, and accepted the Agreement which takes effect on the date on which you download, install, or use the App. By using the App, you agree to abide by this Agreement.
If you do not agree with (do not accept) this Agreement, or if you do not agree with at least one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install, or use the App, and you must promptly discontinue downloading and installing the App and remove (delete) the App from any mobile device in your possession or under your control.
II. CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.
III. RESTRICTIONS ON WHO CAN USE THE APP
In order to download, install, access, or use the App, you must be eighteen (18) years of age or older.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the App. If you are between the ages of thirteen (13) and seventeen (17) years and wish to use, download, install, or access the App, before doing so you must: (a) ensure and confirm (if needed) that your parent or guardian has read and agrees (get your parent or guardian’s consent) to this Agreement prior to your use of the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
Parents and guardians must directly supervise any use of the App by minors. It is the sole responsibility of parents and guardians to prevent any unauthorized, irrelevant, indecent, and/or immoral use of the App by minors who have not reached the age of majority or legal age in the applicable jurisdiction.
Any person under the age of thirteen (13) years is not permitted to download, install, access, or use the App.
You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
IV. GENERAL TERMS
The App is developed for entertainment purposes. The App offers tools based on Artificial Intelligence models and technologies that allow you to chat with Artificial Intelligence and get answers to your questions. See the full list of features on the App’s page in the App Store.
The App is intended only for your personal, non-commercial use. You shall use the App only for the purposes mentioned above.
V. PRIVACY POLICY
Your privacy is very important to us. Accordingly, we have developed the Privacy Policy to help you understand how we process, use, and store information, including personal data. Access to the App and use of the Services are subject to the Privacy Policy. By accessing the App and continuing to use the Services, you are deemed to have accepted the Privacy Policy and, in particular, to have acknowledged the ways we process your information as well as the appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and Services.
VI. END USER LICENSE AGREEMENT
By using the App, you agree to respect the intellectual property rights associated with the App, including but not limited to the App’s source code, UI/UX design, content, copyright, and trademarks (collectively referred to as the “Intellectual Property Rights”), as well as any intellectual property rights owned by third parties.
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable license to access and use the App solely for personal, non-commercial purposes (the “License”).
You are permitted to use the App strictly for your own non-commercial use and are required to respect the copyrighted material within the App.
All content within the App, including the source code, design, information, photographs, illustrations, artwork, graphic materials, sounds, music, or video (collectively, the “Works”), as well as names, logos, and trademarks (the “Identifiers”), are protected by copyright laws, other relevant laws, and international treaties, and are owned by us, our partners, or contracted third parties, as applicable.
These Works and Identifiers may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or otherwise circulated in whole or in part without express permission from us, our partners, or contracted third parties, as applicable.
All rights, title, and interest in and to the App, including its content, Works, Identifiers, and functionalities, (1) remain our exclusive property and/or that of our partners and/or contracted third parties, (2) are protected by applicable international and national laws, and (3) are not transferred to you, in whole or in part, under this License.
We reserve the right to pursue legal action against any unauthorized use of our trademarks, names, or symbols in order to protect and enforce our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may be the trademarks of their respective owners.
THIRD-PARTY MATERIALS AND TOOLS INCORPORATED INTO THE APP
The App incorporates the OpenAI API available at https://beta.openai.com/docs/api-reference. You may review the applicable API terms and policies at https://openai.com/api/policies/service-terms/.
Since we utilize the OpenAI API to process and create AI-generated User Content, you hereby agree to comply with the terms of the OpenAI Sharing & Publication Policy when sharing or publishing User Content.
For the purposes of this Agreement, the term “User Content” includes both the text you enter into the message field and submit to the App, as well as any AI-generated text or other content provided by the App.
VII. PROHIBITED CONDUCT
You agree not to use the App in any manner that:
Is unlawful, illegal, or unauthorized;
Defames any person;
Is obscene or offensive;
Infringes any copyright, database right, or trademark of another person;
Advocates, promotes, or assists any unlawful act, such as (but not limited to) copyright infringement or computer misuse.
Additionally, you are prohibited from uploading, creating, generating via the App, sharing, or distributing User Content that:
Expresses, incites, or promotes hate based on identity;
Intends to harass, threaten, or bully an individual;
Promotes or glorifies violence or celebrates the suffering or humiliation of others;
Promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, or eating disorders;
Is designed to arouse sexual excitement, promotes sexual services, or involves explicit sexual content (excluding sex education and wellness);
Attempts to influence the political process or is used for campaigning purposes;
Consists of unsolicited bulk content;
Is false or misleading, with the intent to defraud or spread disinformation;
Attempts to generate ransomware, keyloggers, viruses, or other harmful software;
Is illegal, defamatory, immoral, harmful, misleading, deceptive, fraudulent, indecent, hateful, racially or religiously biased, slanderous, obscene, pornographic, sexually explicit, or encourages violation of any applicable law.
USE OF COPYRIGHTED AND/OR TRADEMARKED MATERIALS AS INPUT CONTENT OR DATA WHEN USING THE APP IS STRICTLY PROHIBITED.
You may not make the App available to any third party, nor modify, translate, reverse engineer, decompile, disassemble, or create derivative works from the App or any associated documentation.
You are prohibited from transferring, lending, renting, leasing, distributing the App, or using it to provide services to third parties, or from granting any rights to the App or its documentation to any third party.
Any misuse of trademarks or other content displayed in the App is prohibited.
You are prohibited from copying, duplicating, distributing, publishing, or using any content in the App, directly or indirectly, in violation of our Intellectual Property Rights.
You must not attempt to use the App or any part thereof for malicious purposes.
We shall not be held liable for how you use the App.
It is further clarified that we may take legal measures against any user who violates this Agreement, in accordance with applicable laws.
All disputes arising from the use of the App shall be governed by and construed in accordance with the laws of the United States of America and shall be subject to the exclusive jurisdiction of the competent courts of New York, United States of America.
VIII. AVAILABILITY OF THE APP, SECURITY, AND ACCURACY
To use the App, you must have a compatible mobile phone or tablet with Internet access.
The App is available for download and installation on handheld devices running Apple iOS Operating System 14.0 or later, subject to future revisions.
We do not guarantee that the App will be compatible with all hardware and software you may use.
We do not warrant that your access to the App will be uninterrupted, timely, or error-free.
You acknowledge that the App is provided via the Internet and mobile networks, and the quality and availability of the App may be affected by factors outside our reasonable control.
The App may be upgraded from time to time to add support for new functions and services.
We reserve the right to change or update the App and its contents without notice. If necessary, we may suspend access to the App or close it indefinitely.
You further warrant that any information you submit to us is true, accurate, and complete, and you agree to keep it up to date at all times.
You may discontinue using our services at any time by selecting the relevant option in your iTunes Account Settings. If you choose to stop using the App for any reason, you should uninstall it.
IX. CHARGES
The App is provided on a free basis. Once downloaded, you will have access to its basic features.
Access to certain services and additional features within the App (“Premium options”) requires paid subscriptions.
A detailed list of Premium options and pricing is provided on the App’s page. You may have an opportunity to try Premium options during a free trial period, as indicated on the signup screen.
After the free trial period ends, an auto-renewing subscription will begin. Please note that you will be automatically charged unless you cancel your subscription at least 24 hours before the end of the trial period. If you cancel your subscription, you will still retain access to the basic features of the App.
You may choose from various subscription options. Prices are indicated in the Information section of the App’s page and are listed in U.S. dollars, but may vary in countries outside the U.S. All relevant subscription information, including pricing and trial duration, is displayed on the signup screen before purchase.
Subscriptions with a free trial period will automatically convert to a paid subscription. Any unused portion of the free trial period will be forfeited once a subscription is purchased. We reserve the right to modify, terminate, or amend subscription plans at any time.
Your subscription will renew automatically within 24 hours before the current subscription period ends. The auto-renewal option can be turned off in your iTunes Account Settings at least 24 hours before the current subscription period ends. Payment is charged to your iTunes Account upon purchase confirmation. Cancellation of the current subscription is not allowed during the active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.
You may be charged by your communications service provider for downloading or accessing the App on your mobile device, and you should check the terms with your provider. This may include data roaming charges if accessing the App outside your home territory. All such charges are solely your responsibility. If you do not pay the bills related to your mobile device, we assume that you have obtained permission from the bill payer before incurring any such charges.
X. THIRD-PARTY WEBSITES AND RESOURCES
The App may contain links to other websites or resources operated by third parties. We have no control over and accept no responsibility for the content of any website or application to which the App provides a link (unless we are the provider of those linked sites or apps). Such linked websites and applications are provided “as is” for your convenience only, without any warranty, express or implied, regarding the information they contain.
You acknowledge and assume all risk arising from your use of any third-party websites or resources.
If you have any concerns or complaints regarding third-party websites or apps (including, but not limited to, issues related to products, orders, defective goods, or refunds), you must address them directly to the operator of that third-party website or app.
XI. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES IS AT YOUR OWN RISK. ALL SERVICES, MATERIALS, INFORMATION, SOFTWARE, AND CONTENT PROVIDED THROUGH THE APP ARE OFFERED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE MERCHANTABILITY, TECHNICAL COMPATIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCT, OR MATERIAL OFFERED UNDER THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS PROVIDED THROUGH THE APP WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT PROVIDE THE APP ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
XII. LIMITATION OF LIABILITY
IN NO EVENT SHALL CHRISTOPHER BROSIG BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APP OR SERVICES PROVIDED BY THE APP. CHRISTOPHER BROSIG SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHRISTOPHER BROSIG SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM PRODUCTS, SERVICES, OR INFORMATION PROVIDED BY THIRD PARTIES ACCESSED THROUGH THE APP OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT CHRISTOPHER BROSIG IS NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF THE APP OR ITS SERVICES IN ANY JURISDICTION.
You further acknowledge and agree that your use of the App, including any content you input or generate via the App, is at your own risk. You assume full responsibility for any consequences arising from your use of the App or the subsequent sharing and distribution of any content generated via the App. Additionally, you agree to indemnify and hold harmless Christopher Brosig, its successors, assigns, licensees, partners, affiliates, officers, directors, and employees from and against any claims, liabilities, complaints, losses, expenses, or damages arising out of your use of the App, including content generated via the App, or from your failure to comply with this Agreement.
XIII. LEGAL COMPLIANCE
You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
XIV. THIRD-PARTY BENEFICIARY
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and be deemed to have accepted the right) to enforce this Agreement as a third-party beneficiary.
XV. GOVERNING LAW AND CLAIMS
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA.
We make no representations that the App is suitable or available for use in locations outside the United States. Users who access or use the App from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.
If you access or use the App from outside the United States, you are responsible for:
a) ensuring that your actions are legal in that jurisdiction; and
b) the consequences of and compliance with all applicable laws, regulations, codes of practice, licenses, permits, and authorizations.
Any claims arising out of or related to this Agreement shall be exclusively decided by courts of competent jurisdiction in New York, State of New York, USA, and applicable federal law shall govern, without regard to conflict of law principles.
You agree to waive any right to pursue class action claims against us.
In the event of a dispute, both parties agree to provide written notice detailing the issue and proposed resolution. The parties will then engage in good faith dialogue for sixty (60) days to attempt resolution, although neither party is obligated to agree to terms they find unsatisfactory.
XVI. TERMINATION
We reserve the right to terminate this Agreement at our sole discretion for any reason at any time.
Upon termination, (a) all rights and licenses granted to you herein shall cease; (b) you must immediately cease using the App.
XVII. SEVERABILITY
If any provision of this Agreement is deemed illegal, invalid, or unenforceable, such provision shall be reformed to the extent necessary to make it legal, valid, and enforceable, or, if not possible, shall be severed. The remaining provisions of this Agreement shall remain in full force and effect.
You may not assign or transfer this Agreement or your rights and obligations hereunder without our prior written consent.
XVIII. CONTACT INFORMATION
We reserve the right to respond to user support requests at our discretion. If you wish to submit a support request or have questions about this Agreement or the App, please contact us via email at support@polariscore.net