Terms & Conditions
Last updated: April 18 2024
Please read these terms carefully before using our app.
INTRODUCTION
These Terms & Conditions (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 Jomats FZCO, Dubai Silicon Oasis, DDP, Building A2, Dubai, United Arab Emirates (“we,” “us” or “our”), concerning your access to and use of ”AI Power Chat“ 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.
This application (the App) allows you to chat with Artificial Intelligence (AI).
NOTICE TO USER: In order to download, install, access or use the App, you must be eighteen (18) years of age or older.
IF YOU DO NOT AGREE WITH (DO NOT ACCEPT) THIS AGREEMENT, OR IF YOU DO NOT AGREE AT LEAST WITH 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, INSTALLING THE APP AND REMOVE (DELETE) THE APP FROM ANY MOBILE DEVICE IN YOUR POSSESSION OR UNDER YOUR CONTROL.
This Terms and Conditions only grants you the right to use the AI Power Chat to benefit from Services within the scope defined herein. You’re not allowed to copy, or modify the AI Power Chat, any part of the AI Power Chat, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the AI Power Chat, and you also should not try to translate the AI Power Chat into other languages, or make derivative versions. The AI Power Chat itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong Jomats FZCO.
Any person under the age of thirteen (13) years is not permitted to download, install, access or use the App.
NOTICE TO PARENTS AND LEGAL GUARDIANS: BY GRANTING YOUR CHILD APPROVAL TO DOWNLOAD, INSTALL, USE, ACCESS, REGISTER WITH, IN-APP PURCHASE THE JOMATS FZCO APPS, YOU HEREBY AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF YOUR CHILD. YOU ARE RESPONSIBLE FOR EXERCISING SUPERVISION OVER YOUR CHILD’S ANY ONLINE AND OFF-LINE ACTIVITIES OR OMISSIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT LET YOUR CHILD USE THE JOMATS FZCO APPS OR ASSOCIATED FEATURES. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER 18 AND BELIEVE THAT HE OR SHE IS USING THE JOMATS FZCO APPS WITHOUT YOUR PRIOR APPROVAL. 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, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to use, download, install, access the App, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement prior to you using 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 their minors who have not reached the age of majority or legal age in the applicable jurisdiction.
PLEASE CONTACT US AT support@jomats.co.
PARTIES
This Agreement is concluded between Jomats FZCO and you, as the User, who downloaded and/or installed through the Apple App Store; and executed and mutually entered into force upon the online approval of the User. Jomats FZCO and the User shall be hereinafter referred to individually as the “Party” and collectively as the “Parties”. By downloading and/or installing the Jomats FZCO App through the Apple App Store, the User agrees, undertakes and represents that he/she has read all the terms herein, understood all the contents and approved all provisions.
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.
PURPOSE OF USE
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 performance list 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.
PRIVACY POLICY
Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to 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 by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as 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. Please read our Privacy Policy carefully CLICK HERE ( link).
END USER LICENSE AGREEMENT
By using the App, you undertake to respect our intellectual rights (intellectual rights related to the App’s source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.
As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement (the “License”).
All rights, title and interest in and to the App and its content, works and means of individualization as well as its functionalities are the exclusive property of AIBY Inc. and/or our partners and/or contracted third parties, are protected by the applicable international and national legal provisions, and are under no circumstances transferred (assigned) to you in full or in part within the context of the license here within.
We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
THIRD PARTIES’ MATERIALS AND TOOLS
The App is using OpenAI API available at https://beta.openai.com/docs/api-reference (https://beta.openai.com/docs/api-reference?popup=true) You may obtain a copy of API TERMS & POLICIES at https://openai.com/api/policies/service-terms/ (https://openai.com/api/policies/service-terms/?popup=true)
Due to the fact that we use OpenAI API for the purpose of processing and creation of AI-generated User Content, you hereby agree to be bound by and comply with the terms of OpenAI Sharing & Publication Policy (https://openai.com/api/policies/sharing-publication/?popup=true) while any sharing and/or publication of User Content.
For the purposes of the present Agreement the term “User Content” includes both the text you enter into the message field and send to the App, as well as any text, other content generated by AI via the App.
WE SHALL NOT BE LIABLE FOR DAMAGES WHICH OCCURRED IN RELATION TO PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THIRD PARTIES.
UNINSTALL AND REMOVAL
Uninstallation and removal procedures vary depending on your device. To uninstall and remove the Jomats FZCO Apps, please use the application manager provided with your device or consult your device manual for further reference.
SECURITY
The Jomats FZCO Apps, like other technologies in the relevant market, may not provide complete security. By accepting this Agreement, you acknowledge and agree that the Jomats FZCO Apps and any information you download or share through them may be vulnerable to unauthorized access, interception, corruption, damage, or misuse, and cannot be considered completely secure.
You assume all responsibility for such security risks and any resulting damages. It is your sole responsibility to secure your mobile device from unauthorized access or cyber-attacks, including using strong password protection. Jomats FZCO will not be held liable for any unauthorized access to your mobile device or the data within the app.
Regarding malware protection, Google may receive information about your device's network connections, potentially harmful URLs, operating system, and installed apps to protect you against malicious software, URLs, and other security issues. Google may also notify you if an app or URL is considered unsafe and may block its installation on your device if it is known to be harmful. You have the option to disable some of these protections in your device settings.
Prohibited activities (e.g., spamming, hacking)
You are not allowed to upload or generate User Content that shows at least one on the following signs:
• is irreconcilable towards any identity;
• promotes hate or violence;
• implies harassment, threat or bullying;
• is meant for sexual services, contains description of sexual activity or is intended for arousing sexual excitement;
• celebrates the suffering or humiliation of others;
• contains unsolicited bulk content;
• attempts to generate malicious software;
• encourages suicide, cutting, eating disorders and other self-harming activity;
• produces provocative political statements or is intended for campaigning purposes;
• is false or misleading, attempts to defraud individuals or spread disinformation;
• may be considered illegal or inappropriate for other reasons.
You agree not to use the App in a way that is unlawful, illegal or unauthorized or that can harm anyone, i.e.:
• is defamatory of any other person, obscene or otherwise offensive;
• infringes any copyright, database right or trademark of any other person or entity;
• advocates, promotes or assists any unlawful act.
We are not responsible for the way you use the App. If your behavior is reported to violate these terms, we may take any legal measures pursuant to the applicable laws.
IT IS ALSO STRICTLY PROHIBITED TO USE ANY COPYRIGHTED AND/OR TRADEMARKED MATERIALS AS INPUT CONTENT OR WHEN YOU ENTER ANY OTHER DATA WHILE USING THE APP.
SUBSCRIPTIONS
The App is provided on a free basis. Once you download the App, you’ll have access to its basic features.
Access to some services and/or additional features within the App (“Premium options”) requires In-App Purchases, including paid subscriptions.
The full list of Premium options and pricing are provided on the App’s page. You may have an opportunity to try Premium options during the free trial period as provided on the signup screen.
After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription at least 24 hours before the end of the free trial period. When you cancel your subscription you will still have access to basic features of the App.
You can choose different subscription options. Prices for different subscription options are indicated in the Information section of the App’s page. Prices are in U.S. dollars and may vary in countries other than the U.S. You will have all necessary information about your subscription plan and duration of the free trial period on the signup screen before the purchase.
Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of the free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.
Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off (https://support.apple.com/en-us/HT202039?popup=true) in your Apple ID Account Settings at least 24 hours before the current subscription ends. Payment will be charged to Apple ID Account at confirmation of purchase. No cancellation of the current subscription is 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 and/or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.
All necessary information about subscription plans can be found on the signup screen that appear before the purchase. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.
When you uninstall the App, it doesn’t remove your subscription!
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Without limitation, Jomats FZCO makes no warranty that the Jomats FZCO Apps will meet your requirements, that they will be uninterrupted, timely, secure or error-free, that the results obtained from the use of the Jomats FZCO products will be accurate or reliable or that the quality of the Jomats FZCO Apps will meet your expectations.
GOVERNING LAW AND CLAIMS
The present Agreement shall be governed by and interpreted, construed in accordance with the laws of United Arab Emirates. All disputes shall be resolved amicably within the prejudicial claims procedure. If parties fail to resolve a dispute in the prejudicial claims procedure within 60 calendar days starting from the day of receipt of the initial claim, the dispute shall be transferred to the competent court of United Arab Emirates. You agree to waive the right to pursue or participate in class action proceedings.
Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.
Translation Interpretation
These Terms of Use may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at support@jomats.co.