Welcome to Chatreal.ai !

We’re thrilled to have you. These Terms of Service (“Terms”) govern your use of Chatreal.ai and the software, content, and services (collectively, “Services”) provided through our website,www.chatreal.ai, its subdomains (the “Website”), and our mobile apps, Chatreal.ai for Android and Chatreal.ai for iOS (the “Apps”). Please review these Terms carefully before using the Services.

The terms “Chatreal.ai,” “we,” or “us” refer to Aisun Inc., a software company incorporated in Delaware and based in San Francisco, CA, which designed and operates Chatreal.ai. The term “device” refers to any device used to access the Services, including computers, smartphones, and tablets. The term “you” refers to the user of the Services.

By registering for or using the Services, you agree to comply with these Terms and all applicable laws, rules, and regulations. If you do not agree to these Terms, please refrain from using the Services.

For any inquiries, contact us at:contact@chatreal.ai

IMPORTANT NOTICE: THESE TERMS INCLUDE AN ARBITRATION CLAUSE. EXCEPT FOR SPECIFIC TYPES OF DISPUTES, YOU AND CHATREAL.AI AGREE THAT DISPUTES WILL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION. YOU AND CHATREAL.AI WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS.

1. OUR SERVICES

Chatreal.ai provides a personal chatbot service via text and voice interfaces.

1.1 Medical Disclaimer

Chatreal.ai is designed to improve mood and emotional wellbeing but is not a healthcare or medical device provider. Our Services are not a substitute for professional medical care. Only licensed healthcare providers can offer medical advice. While certain conversational techniques used by Chatreal.ai may assist in emotional wellbeing, we do not claim therapeutic benefits.

1.2 Emergencies

The Services are not intended for emergencies. If you experience a medical or mental health emergency, contact emergency services immediately. If you or someone else is in danger, discontinue using the Services and seek emergency help.

1.3 Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of the Services with or without notice. Chatreal.ai is not liable for any modifications or interruptions to the Services.

2. MEMBERSHIP & SUBSCRIPTIONS

2.1 Becoming a Member

To use the Services, you must create an account and become a Chatreal.ai Member. You agree to provide accurate, current, and complete information during registration, as outlined in our Privacy Policy.

2.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account information and for all activities under your account. You agree to notify Chatreal.ai immediately of any unauthorized use or security breaches. Chatreal.ai is not liable for any loss or damage due to failure to comply with this section.

2.3 Membership Benefits

As a Member, you gain access to exclusive content and features. By becoming a Member, you agree to receive occasional emails about special offers, surveys, and communications related to our Services. You may unsubscribe from marketing emails at any time.

2.4 Subscription Plans

As a Member, you can choose from the following subscription plans:

• Basic Plan: Provides limited access to essential features.
• Premium Plan: Unlocks premium features for an enhanced experience.
• Premium Pro Plan: Offers advanced features for the ultimate experience.

These subscription plans are available with Monthly and Quarterly options and are auto-renewable by default.

Paid subscriptions can be purchased through our App marketplace partners (Apple iTunes Store and Google Play Store) or directly via Stripe.

2.4.1 Maintaining a Paid Subscription

Paid subscriptions are billed monthly or quarterly and are automatically renewed at the end of each billing cycle unless canceled before the next billing date. Failure to pay on time results in an automatic downgrade to the “Free Use” plan. Refunds for partial-month periods are not available.

2.4.2 Refund Policy

Purchases made through the Apple iTunes Store or iOS app are final and non-refundable, subject to Apple's payment policies.

Purchases made via Google Play Store are final and non-refundable, subject to Google's payment policies.

Purchases made through our website (via Stripe, PayPal, etc.) are also non-refundable.

The EU's 14-day refund policy does not apply to digital products.

2.5 Device Requirements

To access Chatreal.ai through a mobile device, your device must meet certain system requirements. These requirements are available on our website and in the Google and Apple app marketplaces.

3. CANCELLATION OF SERVICES

3.1 Cancellation by You

You can cancel your Membership at any time by deleting your account in the app. Account deletion is irreversible, and all associated data will be permanently removed. Canceling a Paid Subscription will downgrade you to "Free Use" at the end of the current billing period.

To cancel a Paid Subscription, follow the instructions in the App marketplace through which you subscribed (Apple iTunes or Google Play Store).

3.2 Cancellation by Us

We reserve the right to suspend or terminate your access to the Services for breaches of these Terms or fraudulent activity, with or without notice.

4. GENERAL PRACTICES AND STORAGE LIMITS

Chatreal.ai may establish practices regarding data retention and storage. We are not liable for data deletion or failure to store content. We also reserve the right to terminate inactive accounts and modify storage practices at our discretion.

5. MOBILE SERVICES

Some Services are available through mobile devices, which may incur standard charges from your wireless service provider. Downloading, installing, or using the Mobile Services may be restricted by your carrier. By using Mobile Services, you consent to receiving communications related to Chatreal.ai via SMS, MMS, or other electronic means.

If you change or deactivate your mobile number, promptly update your Chatreal.ai account to avoid misdirected communications.

6. CONDITIONS OF USE

6.1 User Conduct

You are responsible for any content you upload, post, or otherwise use through the Services. Prohibited conduct includes, but is not limited to:

• Uploading content that infringes intellectual property rights.
• Uploading harmful software or content that disrupts the Services.
• Posting unlawful, abusive, or offensive content.
• Engaging in unauthorized solicitation or advertising.

You agree not to interfere with the Services or violate any applicable laws.

6.2 Special Notice for International Use

The Software and data associated with the Services are subject to U.S. export controls. You agree to comply with local laws and regulations regarding online conduct and acceptable content.

6.3 Commercial Use

The Services are for personal use only. You agree not to use the Services for commercial purposes, including selling, redistributing, or exploiting the Services or any part thereof without authorization.

6.4 Minors

If you are under 18, you are not authorized to use the Services, with or without registration.

7. APPLE APP STORE AND GOOGLE PLAY STORE LEGAL INFORMATION

These Terms apply to the iOS app (Apple App Store) and Android app (Google Play Store), with the following additional terms:

• Chatreal.ai is responsible for the application, not Apple or Google.
• The application is licensed to you for personal, non-commercial use only.
• Apple or Google are not responsible for maintenance or support.
• In the event of a warranty failure, Apple or Google’s sole obligation is to refund the purchase price.
• Chatreal.ai is responsible for addressing any third-party claims regarding intellectual property rights infringement.
• You agree to comply with U.S. export laws and agree that Chatreal.ai is responsible for defending any intellectual property claims.
• You warrant that you are not located in a country subject to U.S. Government embargoes.

By accepting these Terms, you acknowledge and agree that Apple and Google may enforce these Terms against you as third-party beneficiaries.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Service Content, Software, and Trademarks

You acknowledge that the Services may contain content, features, or elements ("Service Content") protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Unless expressly authorized by Chatreal.ai, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or Service Content, in whole or in part. However, this does not apply to User Content (as defined below) that you legally upload to the Services.

You agree not to use data mining, robots, scraping, or similar data-gathering techniques in connection with the Services.

If you are blocked from accessing the Services (including through the blocking of your IP address), you agree not to circumvent such blocking, such as by masking your IP address or using a proxy IP. Any use of the Services or Service Content not expressly authorized is strictly prohibited.

The technology and software underlying the Services are owned by Chatreal.ai, its affiliates, and partners ("Software"). You agree not to copy, modify, reverse engineer, create derivative works from, or otherwise attempt to discover the source code of the Software. All rights not expressly granted are reserved by Chatreal.ai.

The name and logos of Chatreal.ai are trademarks and service marks ("Chatreal.ai Trademarks"). Other trademarks or service marks displayed via the Services may belong to their respective owners, who may or may not be affiliated with Chatreal.ai. Nothing in these Terms of Service or the Services grants you any license to use the Chatreal.ai Trademarks without prior written consent. All goodwill generated by your use of the Chatreal.ai Trademarks shall benefit Chatreal.ai exclusively.

8.2 Third-Party Material

Chatreal.ai is not responsible for any third-party content (including user-generated content), including any errors or omissions in such content, or any loss or damage resulting from the use of such content. While Chatreal.ai does not pre-screen content, it reserves the right, but not the obligation, to remove any content deemed to violate these Terms or be otherwise objectionable. You agree to evaluate and bear all risks associated with the use of such content, including reliance on its accuracy or completeness.

8.3 User Content Transmitted Through the Services

You represent and warrant that you own all rights to the content you upload or share through the Services ("User Content"), including all copyrights and rights of publicity. By uploading User Content, you grant Chatreal.ai a nonexclusive, worldwide, royalty-free, transferable, sublicensable, perpetual, and irrevocable license to use, copy, display, distribute, modify, and otherwise exploit your User Content in connection with the operation or promotion of the Services.

Any questions, comments, suggestions, or feedback you provide to Chatreal.ai ("Submissions") will be considered non-confidential, and Chatreal.ai may use and distribute these submissions for any purpose without compensation to you.

Chatreal.ai may preserve content and disclose it if required by law or in good faith belief that such preservation or disclosure is necessary to (a) comply with legal process, (b) enforce these Terms, (c) respond to claims of content violations, or (d) protect the rights or safety of Chatreal.ai, its users, or the public.

8.4 Copyright Complaints

Chatreal.ai respects intellectual property rights and expects users to do the same. If you believe your work has been infringed, you may notify Chatreal.ai in accordance with the procedures set forth below.

We will investigate notices of infringement under the Digital Millennium Copyright Act ("DMCA") and other applicable laws. To file a claim, email our Copyright Agent atcopyright@chatreal.ai with the subject line "DMCA Takedown Request," or mail:

Chatreal.ai
600 Arkansas Street
San Francisco, CA 94103
United States

Your notification must include:

• An electronic or physical signature of the person authorized to act on behalf of the intellectual property owner.
• A description of the copyrighted work or intellectual property claimed to be infringed.
• The location of the infringing content on the Services.
• Your contact information, including address, phone number, and email.
• A statement that you believe in good faith that the disputed use is unauthorized.
• A statement under penalty of perjury that the information in your notice is accurate, and that you are the owner or authorized to act on the owner's behalf.

8.5 Counter-Notice

If you believe your User Content was removed due to mistake or misidentification, you may submit a counter-notice to the Copyright Agent containing the following:

• Your signature.
• Identification of the removed content and its location before removal.
• A statement that you believe the content was removed due to mistake or misidentification.
• Your contact details and a statement consenting to the jurisdiction of the federal court in Northern California.

Upon receipt of a valid counter-notice, Chatreal.ai will notify the original complainant, who may restore the content unless they seek a court order. Chatreal.ai may also take action to terminate repeat infringers in accordance with the DMCA.

9. THIRD-PARTY WEBSITES

The Services may contain links to third-party websites, but Chatreal.ai has no control over and is not responsible for these external sites or their content. You acknowledge that Chatreal.ai is not liable for any damages or losses incurred from your use of any third-party website or resource.

10. SOCIAL NETWORKING SERVICES

You may integrate the Services with third-party social networking platforms (e.g., Facebook, Twitter). By doing so, we may access information you've provided to those services and use it in accordance with our Privacy Policy. However, Chatreal.ai is not responsible for the privacy practices or actions of any third-party site. Any reliance on third-party services is at your own risk.

11. WARRANTY, INDEMNITY, AND LIABILITY

11.1 Indemnity and Release

You agree to indemnify and hold harmless Chatreal.ai and its affiliates, employees, officers, and agents from any claims, losses, or damages arising out of your use of the Services, violation of these Terms, or infringement of third-party rights. If you are a California resident, you waive California Civil Code Section 1542, which limits the scope of general releases.

11.2 Disclaimer of Warranties

Your use of the Services is at your own risk. The Services are provided "as is" and "as available," and Chatreal.ai disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Chatreal.ai does not guarantee uninterrupted or error-free services or the accuracy of results obtained.

11.3 Limitation of Liability

Chatreal.ai will not be liable for any indirect, incidental, special, or consequential damages resulting from your use of the Services. In no event shall Chatreal.ai's liability exceed the amount you paid in the last six months or $100, whichever is greater. Some jurisdictions do not allow the exclusion of certain warranties or damages, so these limitations may not apply to you.

12. DISPUTE RESOLUTION BY BINDING ARBITRATION

12.1 Agreement to Arbitrate

This section, referred to as the "Arbitration Agreement," governs the resolution of any disputes or claims between you and Chatreal.ai. By accepting these Terms of Service, you agree that all disputes, whether related to these Terms, the Services, advertising, or the relationship between us, will be resolved exclusively through binding arbitration, rather than through a court proceeding. However, you may still pursue claims in small claims court if they qualify. This Arbitration Agreement does not prevent you from bringing issues to the attention of federal, state, or local agencies, which may, if permitted by law, seek relief on your behalf. By agreeing to these Terms, both you and Chatreal.ai waive the right to a jury trial or participation in a class action. A neutral arbitrator will determine your rights, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

12.2 Prohibition of Class and Representative Actions

You and Chatreal.ai agree that claims will be brought individually, not as part of a class or representative action. Unless both parties agree otherwise, the arbitrator cannot consolidate claims or oversee any class, representative, or consolidated proceeding. Relief will be awarded only to the individual party seeking it, and only to the extent necessary to resolve the specific claims of that party.

12.3 Pre-Arbitration Dispute Resolution

Chatreal.ai is committed to resolving disputes amicably. Most customer concerns can be addressed promptly through customer support at contact@chatreal.ai. If informal efforts fail, the party seeking arbitration must send a written Notice of Dispute to the other party by certified mail. The Notice must include (i) a description of the claim or dispute and (ii) the specific relief sought. If the dispute remains unresolved within sixty (60) calendar days of receiving the Notice, arbitration may proceed. During arbitration, settlement offers will not be disclosed to the arbitrator until after a decision has been made.

13. GENERAL CONDITIONS

13.1 Termination

Chatreal.ai may, at its sole discretion, suspend or terminate your account or access to the Services for any reason, including inactivity or violation of these Terms of Service. Fraudulent, abusive, or illegal activities may be reported to law enforcement. Chatreal.ai may discontinue providing all or part of the Services with or without notice. Termination may occur without prior notice, and Chatreal.ai may deactivate or delete your account and related information. Chatreal.ai will not be liable for any termination of your access to the Services.

14. YOUR PRIVACY

At Chatreal.ai, we respect your privacy. For further details, please refer to our Privacy Policy. By using the Services, you consent to the collection and use of your personal data as described in the Privacy Policy.

QUESTIONS? CONCERNS? SUGGESTIONS?

Please contact us atcontact@chatreal.ai for any concerns, questions, or to report violations of these Terms of Service.