This TERMS OF SERVICE was last updated on [11/14/2024].
Welcome to EvoTalk. You are reading the terms of service (the "TOS"), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the website located at EvoTalk and our related services. For purposes of the TOS, "You" and "your" means you as the user of the Site.
By accessing, using and/or registering the Site, you agree to be bound by this TOS. You understand and agree that we will treat your access or use of the Site as acceptance of the TOS and our Privacy Policy.
1. Description of Services
1.1 Welcome to EvoTalk. EvoTalk is an online chat application located at EvoTalk that uses artificial intelligence algorithms to generate unique characters ("AI bots"), so that you can chat with the AI bots.
1.2 Subscription. We retain the right, at our sole discretion, to provide some services, which will be available only for paid subscribers. The subscription begins after the initial payment, and the payment should be performed via the method and in the amount indicated at the time of the purchase. You are responsible for payment of all fees, charges, and taxes (if required by law) related to the transaction. Please note that if you subscribe to the services from a website which is not indicated or recognized by us, we are not responsible for any costs or liability arising from your action.
1.3 Disclaimer of Warranties and Limitation of Liability. The output results of the AI bots provided on this website are not artificially generated. By using this website, you acknowledge that the responses you receive are not artificially generated, but only generated by AI. EvoTalk does not assume any responsibility for artificial intelligence-generated responses to user requests. EvoTalk makes no representation, warranty, or guarantee as to its accuracy or correctness. You should evaluate any output you obtain. The output you will get depends on the trigger you provide. You agree that under no circumstances will EvoTalk be liable for any loss or damage resulting from your use of any content. If users notice such a response, they can notify us at EvoTalk, and we will thoroughly review the appeal and make necessary modifications to the chatbot (if possible) at our discretion.
2. Legal Capacity
You understand and warrant that:
a. If you are entering into this TOS on behalf of another person, you are duly authorized by such person to enter into this TOS, which will be binding upon both you individually and such other person (and "You" as used in this TOS shall refer to both);
b. You are of the legal age to form a binding contract with us;
c. If you are under the legal age, you shall access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms and subjected to the local laws and regulations;
d. You are not a person barred from subscribing to, using or accessing the Site under the laws of EvoTalk or other applicable jurisdictions.
3. Content
3.1 We reserve and retain all right, title and interest (including all intellectual property rights) in and to the Site and the technology, systems, and software used to provide the services. We reserve all rights not expressly granted to you in this TOS. You retain all intellectual property rights to uploaded materials and uploaded content by you that will be modified or processed through the Site as well as the generated content.
3.2 You hereby grant us an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, assignable right and license to use any uploaded content to the Site for the purposes of providing the functionality available on the Site, and you can choose to make uploaded content public so that every user could use it. You shall be the sole owner of, or otherwise have all requisite rights and licenses to use uploaded content and uploaded materials.
You warrant that the creation, modification or any other use of the uploaded content and uploaded materials does not infringe or violate any rights of any third party, including any intellectual property rights, data privacy rights, rights of publicity, and privacy rights.
4. Restrictions of Conduct and Content
4.1 In accessing and using the Site, you agree to abide by the following rules, restrictions, and limitations:
a. You will not modify, translate, adapt or reformat the Site;
b. You will not decipher, decompile, disassemble, or reverse-engineer, or otherwise attempt to discover the source code or structure of the software or materials comprising the Site (except where the foregoing is permitted by applicable local law notwithstanding such restrictions, and then only to the extent that such intended activities are disclosed in advance in writing to us);
c. You will not interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on the use of the Site;
d. You will not use the Site to gain unauthorized access to our or any third party's data, systems or networks;
e. You will not use the Site in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt our systems and networks, or otherwise interfere with other users' use of the Site;
f. You will not use the Site in any way that, in our sole discretion, could be harmful, offensive, or unlawful to us, our users, or any third parties.
5. Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which can be found at EvoTalk. The Privacy Policy outlines how we collect, use, and disclose your personal information.
6. Termination
6.1 Termination by Us. We may terminate your access to the Site and its services at any time, without notice, for any reason, including but not limited to any breach of this TOS.
6.2 Termination by You. You may terminate your use of the Site at any time by contacting us at EvoTalk, and discontinuing the use of the Site and its services.
7. Governing Law and Dispute Resolution
This TOS and any disputes arising from or related to it will be governed by the laws of EvoTalk, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or in connection with this TOS shall be resolved through binding arbitration in EvoTalk (the "Arbitration Location"), conducted by a single arbitrator under the rules of EvoTalk.
8. Miscellaneous
8.1 Amendments. We reserve the right to amend, modify, or change this TOS at any time by posting the updated terms on the Site. The revised TOS will take effect immediately upon posting.
8.2 Entire Agreement. This TOS constitutes the entire agreement between you and us regarding the use of the Site and supersedes any prior agreements or understandings, whether written or oral.
9. Contact Us
If you have any questions, concerns, or feedback regarding this TOS or our services, you can contact us at:
Email: evotalk@outlook.com
We will do our best to respond to your inquiries promptly.