Terms of Service
Last Updated: April 18, 2024
Welcome to FunkyAI. These Terms of Service ("Terms") govern your access to and use of the FunkyAI website, applications, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
1. Acceptance of Terms
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
3. Eligibility
You must be at least 13 years old to use our Services. By using our Services, you represent and warrant that you meet this requirement. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the Services.
4. Account Registration
Some features of our Services may require you to create an account. When you register for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
5. User Conduct
You agree not to use the Services to:
- Violate any applicable law, regulation, or third-party rights
- Post or transmit any content that is unlawful, harmful, threatening, abusive, or harassing
- Impersonate any person or entity or falsely state or misrepresent your affiliation
- Engage in any activity that interferes with or disrupts the Services or the servers and networks connected to the Services
- Attempt to gain unauthorized access to any part of the Services
- Use the Services for any fraudulent or illegal purpose
- Collect or harvest any information from the Services, including user accounts or data, without authorization
- Use the Services to generate, distribute, or promote hate speech, discrimination, or harmful content
- Use the Services to engage in market manipulation or fraudulent activities related to cryptocurrencies
6. User Content
Our Services may allow you to create, upload, post, send, or store content, including text, images, and memes ("User Content"). You retain all rights in your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, and otherwise exploit your User Content for the purposes of operating and providing the Services.
You represent and warrant that you own or have the necessary rights to your User Content and that your User Content does not violate these Terms or any applicable law.
We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason, without prior notice.
7. Intellectual Property
The Services and all content and materials included on the Services, including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of FunkyAI or our licensors and are protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes, subject to these Terms.
The FunkyAI name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FunkyAI or our affiliates. You may not use such marks without our prior written permission.
8. Third-Party Services and Content
The Services may contain links to third-party websites, services, or content that are not owned or controlled by FunkyAI. We do not endorse or assume any responsibility for any third-party websites, services, or content. You access and use third-party websites, services, and content at your own risk.
9. Cryptocurrency Information
Our Services provide information about cryptocurrencies and digital assets. This information is for informational purposes only and should not be construed as financial, investment, or trading advice. We do not guarantee the accuracy, completeness, or timeliness of any information provided through our Services.
You acknowledge that cryptocurrency investments involve risk, and you should conduct your own research and consult with financial advisors before making any investment decisions.
We are not responsible for any losses or damages resulting from your reliance on information provided through our Services or from your cryptocurrency transactions.
10. AI-Generated Content
Our Services include AI-generated content, including responses from our chatbot and generated memes. While we strive to provide accurate and appropriate AI-generated content, we do not guarantee its accuracy, completeness, or appropriateness.
You acknowledge that AI-generated content may sometimes produce unexpected, inaccurate, offensive, or incomplete results, and you agree to use such content at your own risk.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNKYAI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
13. Indemnification
You agree to indemnify, defend, and hold harmless FunkyAI and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:
- Your access to or use of the Services
- Your User Content
- Your violation of these Terms
- Your violation of any rights of another person or entity
14. Termination
We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease.
All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which FunkyAI is established, without regard to its conflict of law provisions.
16. Dispute Resolution
Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the jurisdiction in which FunkyAI is established.
Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
18. Entire Agreement
These Terms constitute the entire agreement between you and FunkyAI regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.
19. Contact Information
If you have any questions about these Terms, please contact us at legal@funkyai.com.