Terms of Service

Last Modified: Sepetember 27, 2023

Your use of FunTalk AI (the "Website"), FunTalk AI's mobile application (the "Application"), is expressly conditioned on your acceptance of, and agreement to, this Terms Of Service Agreement (the "Agreement"). This Agreement sets forth the terms and conditions which apply to your use of the Service.
As used herein, the term "you" and "your" shall mean you, either individually or as a single entity. All references to "we," "us" or "our" shall refer to FunTalk AI.
Your use of this website,the service,the application and/or the software (each as defined below) indicates your acknowledgement of, and agreement to be bound by, these terms of service.

If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service.

FunTalk AI reserves the right to alter these Terms at any time in its sole discretion. When we make material changes to the Terms, we'll provide you with prominent notice in appropriate way,please make sure you have read the notice in advance carefully. Your continued use of the FunTalk AI services after such notification of changes to the Terms will constitute your agreement and acceptance to such changes. You may stop using the Service under the new version of these Terms if you object to the changes.

You are exclusively responsible for your Content. You bear all risks associated with the use of your Content. You hereby confirm that your Content does not violate our Terms. You may not represent or imply to others that your Content is in any way provided, sponsored, or endorsed by us. Because you alone are responsible for your Content, you may expose yourself to liability. We are not obliged to backup any Content that you submit; also, your Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your Content if you desire.

Prohibited content includes any content that:

• Is illegal in anyway or advocates, depicts, or promotes illegal activity of any kind.
• Promotes or constitutes any form of human trafficking.
• Depicts sexualized minors, as defined by individuals under the age of 18.
• Gore, bestiality, or sexual violence.
• Solicits or shares private information about an individual ("doxing").
• Solicits or shares users account login credentials.
• That violates any third-party, intellectual property or proprietary rights.
• Engages in intimidation, bullying, or provokes others into similar behavior.
• Contains inflammatory or hate speech, including content promoting violent extremism or political agitation.
• Illustrates, extols, incites, advocates, or backs terrorism or acts or individuals involved in violent extremism.
• Showcases, encourages, or illustrates acts of self-harm or suicide.
• Constitutes spam, deceptive content, or misinformation.
• Promotes actions that could be deemed criminal, could lead to civil penalties, transgress any law, or are generally inappropriate.
• Promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
• Circumvents or conveys information on how to bypass moderation controls or any other security features.
• Includes self-promotion, promotion of other tools or services, repeated irrelevant or inappropriate messages (spam)

You agree not to use the Platform to collect, upload, transmit, display, or distribute any Content that:

• Violates any third-party right or any intellectual property or proprietary right.
• Is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, defamatory, false, intentionally misleading, trade libelous, pornographic involving minors, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
• Is harmful to minors in any way.
• Is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to:

• Upload, transmit, or distribute to or through the Platform & Communities any software intended to damage or alter a computer system or data.
• Send through the Platform & Communities unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages.
• Use the Platform & Communities to harvest, collect, gather or assemble information or data regarding other users without their consent.
• Interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform & Communities, or violate the regulations, policies or procedures of such networks.
• Attempt to gain unauthorized access to the Platform & Communities, whether through password mining or any other means.
• Harass or interfere with any other user's use and enjoyment of the Platform & Communities.
• Use software or automated agents or scripts to produce multiple accounts on the Platform & Communities, or to generate automated searches, requests, or queries to the Platform & Communities.
• In compliance with our commitment to protect our intellectual property and the proprietary content hosted on our platform, we strictly prohibit the use of any automated data collection methods, including but not limited to web scraping tools, robots, spiders, or any other automated means, for the purpose of extracting, copying, or downloading any data, including character list, images, text, or any other copyrighted material from our website.

We reserve the right to review any Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Content, terminating your Account, and/or reporting you to law enforcement authorities.
If you provide us with any feedback or suggestions regarding the Platform, you hereby assign to FunTalk AI all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we believe appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.

Our AI chatbot service operates on a subscription and credits basis. Upon registration, users are required to create an account. Purchased subscriptions or credits are promptly credited to their account. Subscription validity aligns with the duration selected in the user's package. Credits have no expiry date and are deducted according to usage.

You have 24 hours after your payment to request a refund. No refunds will be issued if your request is made more than 24 hours after you have paid for our Services. However, regardless of the length of time after which you request a refund, it will be refused if you have used more than 10 messages.

You have 24 hours after your payment to request a refund. No refunds will be issued if your request is made more than 24 hours after you have paid for our services. Regardless of the time elapsed before you request a refund, it will be denied if you have used your credits. Refunds for erroneous payments are not guaranteed, as the error was not caused by us. Refunds may be provided if this site is at fault or if there is a technical issue with our service.

FunTalk AI is committed to providing a safe Platform for our users. Our Platform is strictly intended for individuals who are at least 18 years of age.
If you're under the age of 18, you are not permitted to use this Platform, create an account, or participate in any of our Communities. We take this policy very seriously and will actively remove accounts suspected to belong to individuals under the age of 18.
By using FunTalk AI, you confirm that you are over 18 and that you'll abide by these terms. Misrepresentation of your age violates our Terms of Service and may result in immediate account termination.

The Terms, Privacy Policy, and Additional Terms shall be governed by the laws of the State of California without giving effect to any conflicts of laws principles. The United Nations Conventions for International Sale of Goods does not apply to this agreement.

THE PLATFORM ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE PLATFORM & COMMUNITY, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE PLATFORM & COMMUNITY WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

The FunTalk AI Platform / website located at FunTalk AI.org is a copyrighted work belonging to FunTalk AI. We respect the intellectual property of others and asks that users of our Platform do the same. In connection with our Platform, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Platform who are repeated infringers of intellectual property rights, including copyrights.
If you believe that one of our users is, through the use of our Platform, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to us:

• Your physical or electronic signature.
• Identification of the copyrighted work(s) that you claim to have been infringed.
• Identification of the material on our services that you claim is infringing and that you request us to remove.
• Sufficient information to permit us to locate such material.
• Your address, telephone number, and e-mail address.
• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.

If you have any questions or suggestions about our Terms, do not hesitate to contact us by email: [email protected].