Introduction

Welcome to ChatRoger.com. These Terms of Use ("Terms") are entered into by and between you and AI Life Technologies, LLC ("ChatRoger," "Company," "we," or "us"). The following Terms govern your access to and use of our website located at https://chatroger.com ("Site"), including any content, functionality, and services offered on or through the website ("Services"). Please read these Terms carefully before you access our Site or use our Services. If you do not agree to these Terms, you must not access or use the Site or Services.

These Terms contain a mandatory Arbitration provision below that requires the use of arbitration on an individual basis to resolve disputes or claims related to these Terms or your use of the Services, rather than jury trial or class actions. Please see the Governing Law, Mandatory Arbitration, and Class Action Waiver section below.

Adults-Only

Our Site and Services are strictly intended only for legal adults who are at least 18 years of age. If you are under the age of 18, you are not permitted to use the Site and Services. By using the Site or Services you confirm that you are a legal adult at least 18 years old and that you will abide by these Terms. Misrepresentation of your age violates our Terms and may result in immediate account termination.

Changes To the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site and Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. If we make material changes to certain terms, including our dispute resolution terms, such changes will become effective upon reasonable notice to you, either via pop-up or email notification.

Access to the Site and Services

ChatRoger grants you a non-exclusive, non-transferable right solely to access and use the Site and Services subject to these Terms. The Site and Services are owned by ChatRoger. No title is transferred by these Terms or by the payment of any fee. Access to the Services and certain areas of the Site is restricted to registered users with an active subscription. You are responsible for making all arrangements necessary for your to have access to the Site and Services and for ensuring you comply with all the requirements and restrictions detailed in these Terms.

We reserve the right to withdraw or amend the Site or Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site or Services is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or Services. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms or our ChatRoger.com Community Guidelines.

Content

All information, data, text, software, music, sounds, images, graphics, videos, messages, scripts, tags, and other materials accessible through the Services, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated, whether that Content is posted directly or generated using the Services's generative AI features. This means that you, and not Company, are entirely responsible for all Content that you create (or cause to be created), upload, post, transmit, or otherwise make available through the Services (“Your Content”), and other users of the Services, and not Company, are similarly responsible for all Content they upload, post, transmit, or otherwise make available through the Services (“User Content”).

Company has no obligation to pre-screen or otherwise moderate Content (which includes without limitation Your Content and User Content), although we reserve the right in our sole discretion to pre-screen, refuse, or remove any Content. Without limiting the generality of the foregoing sentence, we have the right to remove any Content that violates these Terms. We do not warrant the accuracy, completeness, or usefulness of Content. Any reliance you place on such information is strictly at your own risk.

To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in these Terms with respect to Your Content; and (ii) Your Content does not violate or misappropriate any intellectual property or other right of any other party.

Prohibited Uses

In connection with your access to and use of the Services, you will not:

• upload, post, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships; (iii) infringes any intellectual property or other right of any party; (iv) contains software viruses or any harmful code, files, or programs; or (vi) consists of factual information that you know or have reason to know is false or inaccurate.
• impersonate any person or entity, including without limitation Company personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• act in a manner that negatively affects the ability of other users to access or use the Services;
• take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure;
• sell, rent, share, transfer, trade, loan, or sublicense any portion of the Services, including without limitation your user account and password;
• violate any applicable federal, international, state, or local law or regulation.
• except as expressly permitted by applicable law, reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Services;
• frame or utilize any framing technique to enclose any Content;
• remove or obscure any proprietary notice that appears within the Services; or
• access the Services for the purpose of developing, marketing, selling, or distributing any product or service that competes with or includes features substantially similar to the Services or any products or services offered by Company.

You will also ensure your use of the Services complies with our Community Guidelines.

Input, Output, and License

For purposes of these Terms 'Input' refers to your inputs into the Services and 'Output' refers to the output generated by the Services based on your Input. Generally, you may provide Input and receive Output. As between you and ChatRoger, to the extent permitted by applicable law, you: (a) retain all ownership rights in Input; and (b) own all Output. You grant ChatRoger a worldwide, perpetual, irrevocable, royalty-free license to use, store, copy, display, distribute, prepare derivative works of, and otherwise use your Output. You are solely responsible for all Input and represent and warrant that you have all rights, licenses, and permissions required to provide Input into the Services.

Method of Payment

All payments are independently processed through a third-party service, so Company does not collect any payment information, such as credit card details. If payments through the available methods on the Services fail or are refused by the payment service provider, Company is under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment will be borne by you.

Privacy & Data Security

To access certain parts of the Site and the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and Services that all the information you provide on the Site and Services is correct, current, and complete. You acknowledge that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy.

If you choose, or are provided with, a username, password, or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

Reliance on Information Posted

The information presented on or through the Site and Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site and Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links to Third Party Websites

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Site and Services is based in the State of Delaware in the United States. This Site and the Services are made available for use only by persons located in the following countries: United States, Canada, and Philippines. Nonetheless, we make no claims that the Site or Services is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site and Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. The Company may restrict access to the Site and Services outside of the United States at any time.

Account Access

You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify us immediately of any unauthorized use of your account or password or any other similar breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, device or network so that others are not able to view or record your password or access other personal information.

We reserve the right to suspend or delete your account at any time, without notice, and at our sole discretion. The suspension or deletion of your account does not entitle you to any claims for compensation, damages, or reimbursement. The suspension or deletion of your account does not exempt you from paying any applicable fees.

Refunds

Generally, the fees you have paid are non-refundable and/or non-exchangeable unless otherwise stated herein or required by applicable law.

Feedback

If you elect to provide or make available to us any suggestions, comments, ideas, improvements, or other feedback relating to the Site or Services (“Feedback”), you grant us the right to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer, or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.

Prices and Tax Charges

The Company may from time to time make changes to the price of the Services, including recurring subscription fees and will communicate any price changes to you in advance. Price changes will take effect the next time you are charged for access to the Services following the date of the price change and by continuing to use the Services after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the Services. Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site and Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or Services or your downloading of any material posted on it, or on any website linked to it.

YOUR USE OF THE SITE AND SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND SERVICES IS AT YOUR OWN RISK. THE SITE AND SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE AND SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR SERVICES OR THE SERVER EACH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site and Services other than as expressly authorized in these Terms or your use of any information obtained from the Site and Services.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Governing Law, Mandatory Arbitration, and Class Action Waiver

Your access to and use of the Services and all other matters relating to or arising from the Services and these Terms will be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any arbitration under this provision shall be governed by the Federal Arbitration Act (“FAA”); no state laws regarding arbitration procedures shall apply.

Before either party initiates arbitration, that party must contact the other party by sending a written notice of the dispute. If you provide such a notice to us, your notice must identify your name and address (including email address), and describe the nature and basis of your claim and the relief you seek, including the basis for any damages calculation. You must sign the notice, and if you have retained an attorney, you must identify the attorney and confirm that we have authority to disclose to the attorney any information relevant to resolving your claim. Each side must negotiate in good faith to resolve the claim for a period of sixty (60) days before initiating arbitration proceedings. Any limitations period shall be tolled for this sixty day period. Failure to comply with any of the provisions in this paragraph is grounds for dismissal of any arbitration proceeding as set forth in the following paragraph.

ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU OR WE MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIM IS PROPERLY WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS THEN-APPLICABLE RULES, INCLUDING (AS APPROPRIATE) ITS CONSUMER ARBITRATION RULES AND MASS ARBITRATION SUPPLEMENTARY RULES. IF THERE IS A CONFLICT BETWEEN THIS ARBITRATION PROVISION AND THE AAA RULES, THIS ARBITRATION PROVISION WILL GOVERN. THE AAA'S RULES ARE AVAILABLE AT HTTP://WWW.ADR.ORG/. THE ARBITRATION WILL BE CONDUCTED IN THE ENGLISH LANGUAGE BY A SINGLE INDEPENDENT AND NEUTRAL ARBITRATOR. FOR ANY HEARING CONDUCTED IN PERSON AS PART OF THE ARBITRATION, YOU AGREE THAT THE HEARING WILL BE CONDUCTED IN THE LARGEST CITY IN YOUR STATE WITHIN 100 MILES OF WHERE YOU LIVE. IF THE ARBITRATOR FINDS THAT THE COSTS (INCLUDING ARBITRATION FEES) OF AN ARBITRATION THAT YOU INITIATE WILL BE PROHIBITIVE WHEN COMPARED TO THE COSTS OF LITIGATION, WE WILL PAY SUCH ARBITRATION COSTS TO THE EXTENT NECESSARY TO PREVENT THE ARBITRATION FROM BEING COST PROHIBITIVE FOR YOU. IF THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS FRIVOLOUS OR BROUGHT FOR AN IMPROPER PURPOSE, YOU SHALL REIMBURSE US FOR ANY COSTS OR FEES PAID BY US ON YOUR BEHALF. THE DECISION OF THE ARBITRATOR WILL BE FINAL AND BINDING JUDGMENT ON THE ARBITRAL AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM WILL BE BROUGHT ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN SUSSEX COUNTY, DELAWARE. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

Notwithstanding anything to the contrary, ChatRoger may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

Copyright

If you believe that your work or content has been made available through the Services in a way that constitutes copyright infringement, please provide Company's Agent for Notice of Copyright the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple works are on a single site, a representative list of such works; (iii) identification of the infringing material or activity (or the reference or link to such material) and information reasonably sufficient to permit us to locate the material (or the reference or link); (iv) contact information for the copyright owner or authorized agent; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Notices

Any notice pursuant to these Terms, including any Copyright Claims and any notice required under the arbitration sent forth above shall be sent to: [email protected]

Severability

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

Entire Agreement

The Terms, our Privacy Policy, and our Community Guidlines constitute the sole and entire agreement between you and ChatRoger regarding the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and Services.

Contact Us

If you have any questions or concerns related to these Terms or the Services, please contact us at: [email protected]