Terms and Conditions | Chipi.ai

Terms and Conditions

Effective Date: June 1, 2023

Welcome to Chipi.ai. These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Deal Fanatics LLC ("Company," "we," "us," or "our") governing your access to and use of the Chipi.ai platform, including all related websites, applications, and services (collectively, the "Platform").

PLEASE READ THESE TERMS CAREFULLY. By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Platform.

THESE TERMS CONTAIN IMPORTANT INFORMATION THAT CAN AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

1. Description of Service

Chipi.ai is an AI-powered educational platform that provides interactive learning experiences. The Platform offers educational content, learning paths, activities, and projects through conversational AI features.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 18 years of age to create an account on the Platform. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2.2 Parental Accounts and Child Profiles

The Platform may be used by children under parental supervision. Only parents or legal guardians may create accounts and add child profiles. By adding a child to your account, you represent and warrant that:

  • You are the parent or legal guardian of the child
  • You consent to the collection and use of the child's information as described in our Privacy Policy
  • You will supervise the child's use of the Platform as appropriate
  • You accept responsibility for all activities that occur under your account, including those of any users you add

2.3 Account Security

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 access or use of your account.

3. Artificial Intelligence Disclaimer

IMPORTANT AI DISCLAIMER: The Platform utilizes artificial intelligence technologies from various providers to deliver content and interactive experiences. You acknowledge and agree to the following:

3.1 No Guarantee of Accuracy

AI-generated content may contain errors, inaccuracies, or outdated information. While we strive to provide high-quality content, we do not guarantee the accuracy, completeness, reliability, or suitability of any AI-generated output for any particular purpose.

3.2 Informational Purposes Only

All content provided through the Platform is intended solely for educational and informational purposes. AI outputs should not be relied upon as professional advice of any kind, including but not limited to medical, legal, financial, or psychological advice.

3.3 AI Limitations

You understand that:

  • AI systems may produce responses that are inconsistent, contextually inappropriate, or factually incorrect
  • AI cannot replace human judgment, critical thinking, or professional expertise
  • AI responses may reflect biases present in training data
  • AI systems may occasionally produce unexpected or unintended outputs despite safety measures

3.4 User Oversight

Users are encouraged to review AI interactions and to use the Platform as a supplement to, not a replacement for, human instruction and guidance. Parents and guardians should review AI interactions with their children as appropriate.

3.5 No Liability for AI Outputs

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY HARM, DAMAGE, OR LOSS ARISING FROM OR RELATED TO AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO RELIANCE ON INACCURATE INFORMATION, DECISIONS MADE BASED ON AI OUTPUTS, OR ANY IMPACT OF AI INTERACTIONS.

4. Subscription Plans and Pricing

4.1 Subscription Tiers

The Platform offers various subscription tiers with different features and usage limits. Current pricing and plan details are available on our website and may be updated from time to time.

4.2 Token-Based Access

In addition to or in lieu of subscriptions, the Platform may offer token-based access for certain features. Tokens:

  • May be purchased separately or included in subscription plans
  • Do not expire and remain in your account until used
  • Are non-transferable between accounts
  • Have no cash value and cannot be redeemed for cash

4.3 Payment Processing

All payments are processed securely through our payment processor. By providing payment information, you authorize us to charge the applicable fees to your designated payment method. You represent that you have the legal right to use any payment method provided.

5. Automatic Renewal and Cancellation

5.1 Automatic Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually, depending on your plan) unless cancelled prior to the renewal date. You will be charged the then-current subscription rate at each renewal.

5.2 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at customercare@chipi.ai. Cancellation will take effect at the end of the current billing period, and you will retain access to the Platform until that date.

5.3 Price Changes

We reserve the right to change subscription prices. We will provide reasonable notice of any price increases, and continued use of the Platform after the effective date constitutes acceptance of the new pricing.

6. Refund Policy

No Refunds: All purchases, including subscription fees and token purchases, are final and non-refundable. We do not provide refunds or credits for partial subscription periods, unused tokens, or any other reason, except as expressly set forth below.

6.1 Service Discontinuation

In the event that we discontinue the Platform or otherwise cease operations and are unable to fulfill our operational obligations under these Terms, we will provide a pro-rata refund for:

  • The unused portion of any prepaid subscription period
  • Unused purchased tokens, calculated at the original purchase price

6.2 No Other Refunds

Except for the service discontinuation scenario described above, no refunds will be issued under any circumstances, including but not limited to dissatisfaction with the service, failure to use the service, or account termination for violation of these Terms.

7. Intellectual Property

7.1 Platform Content

The Platform, including all software, content, curriculum, graphics, user interfaces, and other materials (excluding User Content), is owned by or licensed to Deal Fanatics LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Platform without our express written permission.

7.2 User Content Ownership

Content created by users during activities ("User Content") is owned by the account holder associated with the account that created it.

7.3 Shared User Content

If you choose to share User Content through community features, showcase galleries, or other sharing functionalities offered by the Platform, you grant Deal Fanatics LLC a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from such shared content across all our properties and platforms. Shared content will be anonymized and will not be publicly associated with your identity.

7.4 Feedback

Any feedback, suggestions, or ideas you provide regarding the Platform may be used by us without any obligation to compensate you.

8. Acceptable Use

You agree not to use the Platform to:

  • Violate any applicable laws or regulations
  • Infringe upon the intellectual property rights of others
  • Transmit harmful, offensive, or inappropriate content
  • Attempt to gain unauthorized access to the Platform or other users' accounts
  • Interfere with or disrupt the Platform's operation
  • Use automated systems, bots, or scripts to access the Platform
  • Circumvent any usage limits or access restrictions
  • Collect or harvest information about other users
  • Use the Platform for any commercial purpose without authorization
  • Encourage or instruct others to share personal information inappropriately

9. Children's Safety

We are committed to providing a safe environment for all users. We comply with the Children's Online Privacy Protection Act (COPPA) and implement safety measures designed to protect children. However, no system is completely secure. Parents and guardians are responsible for monitoring their children's use of the Platform and for reporting any concerns to us immediately.

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us at customercare@chipi.ai. Upon termination, your right to use the Platform will immediately cease.

10.2 Termination by Us

We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent activity, or conduct that we determine is harmful to other users or our business interests.

10.3 Effect of Termination

Upon termination, all licenses and rights granted to you under these Terms will immediately terminate. We are not obligated to retain any of your data following termination, except as required by law. No refunds will be provided upon termination, except as expressly set forth in Section 6.

11. Disclaimers

THE PLATFORM IS 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, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Platform will be uninterrupted, timely, secure, or error-free
  • The results obtained from use of the Platform will be accurate or reliable
  • The quality of any content, products, services, or information obtained through the Platform will meet your expectations
  • Any errors in the Platform will be corrected

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEAL FANATICS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of, or inability to access or use, the Platform
  • Any conduct or content of any third party on the Platform
  • Any content obtained from the Platform, including AI-generated content
  • Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Deal Fanatics LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your User Content
  • The use of the Platform by any users added to your account

14. Governing Law

These Terms and any dispute arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

15. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

15.1 Informal Resolution

Before initiating any arbitration or court proceeding, you agree to first contact us at customercare@chipi.ai and attempt to resolve the dispute informally. If we are unable to resolve the dispute within thirty (30) days, either party may proceed with arbitration as set forth below.

15.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in the English language, and judgment on the arbitration award may be entered in any court having jurisdiction.

15.3 Arbitration Procedures

The arbitration will be conducted by a single arbitrator selected in accordance with AAA rules. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including whether a claim is subject to arbitration.

15.4 Class Action Waiver

YOU AND DEAL FANATICS LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

15.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

15.6 Opt-Out

You may opt out of this arbitration agreement by sending written notice to customercare@chipi.ai within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of the arbitration agreement.

15.7 Severability

If any portion of this arbitration agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Deal Fanatics LLC regarding the Platform and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.5 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform with a new effective date. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms.

16.6 Notices

We may provide notices to you via email to the address associated with your account or by posting on the Platform. You may provide notices to us by email at customercare@chipi.ai.

17. Contact Information

If you have any questions about these Terms, please contact us:

Deal Fanatics LLC
Email: customercare@chipi.ai

Legal address available upon request.

© 2023 Deal Fanatics LLC. All rights reserved.

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