Terms of Service
Update Date: Mar 2024
INTRODUCTION
These Terms of Service (these “Terms”) set forth the legally binding terms and conditions that govern your use of arvin.chat (the “Site”, “us”, “our”, and “we”). By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you do not agree to these Terms, please do not access or use the Site.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use our service after the date such revised Agreement is posted.
USE OF THE SERVICES
Account Creation.
You may be required to submit a registration form in order to access and use certain features of the Services. If you choose to register, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years old OR if you are an EU citizen or resident under 16 years old, you are not authorized to register to use the Services.
Account Responsibilities.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
General Practices Regarding Use and Storage.
You acknowledge that arvin.chat may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on arvin.chat’s servers on your behalf. You agree that arvin.chat has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services. You acknowledge that arvin.chat reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that arvin.chat reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
USER CONTENT
User Content
“User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile, comments or prompt template postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by the Site. Since you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. The Site is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
License
You hereby grant (and you represent and warrant that you have the right to grant) to the Site an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy
The following terms constitute our “Acceptable Use Policy” (“AUP”):
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials)
Enforcement
We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section VII, and/or reporting you to law enforcement authorities
PAYMENTS
We may use third-party services for payment processing (e.g. payment processors) such as Stripe.
We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
Their Privacy Policy can be viewed at https://stripe.com/us/privacy
SUBSCRIPTIONS
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
* Goods availability
* Errors in the description or prices for Goods
* Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis either monthly or yearly. depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal by contacting us at contact@arvin.chat. Or cancel on the dashboard. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current subscription period.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Subscription Fees and Trial Period
Paid Accounts. You can upgrade your free account to access paid features, which will automatically convert your free account into a 'paid account'. Your paid account will remain effective until it is cancelled or terminated under this Agreement, in which case your account will revert back to a free account. When you upgrade to a paid account, we will automatically bill you from the date you converted your account to a paid account and on each periodic renewal (whether it be monthly or annually). If you cancel your paid account, the cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods. You are responsible for all applicable taxes, and we will charge tax when required. We may change the fees applicable to a paid account but will give you advance notice before those changes take effect and any price change will apply to your next billing cycle.
Automatic Billing Cycles. To ensure uninterrupted services, all subscriptions to Arvin (including all paid accounts) are renewed automatically using the credit card we have on file. All of our subscriptions are renewed at the standard subscription rate when the current subscription term ends. If you don't cancel your Subscription, you are authorized to automatically charge you the agreed price each month until you cancel the Subscription.
Renewal and Cancellation. Your applicable payment will automatically renew at the end of the applicable Subscription period, unless you cancel your Subscription before the end of the then-current Subscription period. You may cancel your Subscription at anytime via the page in the Software which can be accessed at https://arvin.chat/user/subscription. The cancellation will take effect the day after the last day of the current Subscription period, and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods.
Subscription Fees. In consideration for the Services, you will have to pay the applicable, non-refundable subscription fees set forth in the Subscription Plan (“Subscription Fees”) at such times and for such periods as set forth therein. Your payment may be processed through a third party payment processing service, and additional terms may apply to such payments. We reserve the right to use other third party payment processing services for such purposes in the future. Unless otherwise stated in the Subscription Plan, all amounts payable under this Agreement are non-refundable, non-cancellable, and exclusive of all sales, use, value-added, withholding, and other direct or indirect taxes, charges, levies and duties. For all versions of the Services, we reserve the right in the future to charge a fee for features and/or uses which are currently made available free of charge. Any failure to pay applicable charges may result in you not having access to some or all of the Services.
Trial period. Arvin may offer a free trial period for evaluation purposes during the applicable trial period (“Trial Period”) prior to charging for the Subscription Fees. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM PERMITTED BY Arvin AND Arvin AFFILIATES WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, WITH RESPECT TO TRIAL PERIODS, AND Arvin HAS THE RIGHT TO TERMINATE A TRIAL PERIOD AT ANY TIME AND FOR ANY REASON.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
DISCLAIMER OF WARRANTIES
Your use of the Service is at your sole risk. The site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Site makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Services will be accurate or reliable.
LIMITATION OF LIABILITY
You expressly understand and agree that The Site will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if the Site has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (I) the use or the inability to use the Services or any related information; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party (including users) on the Services; or (iv) any other matter relating to the Services. In no event will the Site’s total liability to you for all damages, losses or causes of action exceed one hundred dollars ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the site or with these terms of service, your sole and exclusive remedy is to discontinue use of the Services.
TERMINATION
You agree that the Site, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Website or Services, for any reason, including, without limitation, for lack of use or if the Site believes that you have violated or acted inconsistently with the letter or spirit of these Terms or the Site’s Acceptable Use Policy. The Site may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms or our AUP may be effected without prior notice, and acknowledge and agree that the Site may (but has no obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Termination of your account or access to any component of the Services will not terminate the Site’s rights to your User Content. Further, you agree that The Site will not be liable to you or any third party for any termination of your access to the Services.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms will be governed by and construed in accordance with the laws of the jurisdiction where arvin.chat is located, without regard to its conflict of law provisions. This Dispute Resolution by Binding Arbitration section of the Terms is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Site, whether arising out of or relating to these Terms (including any alleged breach thereof), the Website or Services, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and the Site are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.
CONTACT INFORMATION
We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the App, please contact us via contact@arvin.chat.