Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using AIPOCH products and services, including contents, tools, features and functionality offered on or through our website (collectively referred to as the “Services”) that are operated by AIPOCH PTE. LTD. (“AIPOCH”, “Company,” “our”, “we” or “us”).
For purposes of these Terms, “you” and “your” means you as the user of the Services. As a user of the Services, you are granted access for your own individual use only. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity.
By using our Services, you agree to be bound by these Terms of Service, our
Privacy Policy and any other terms and conditions that may apply. Accessing the Services, in any manner, whether automated or otherwise, constitutes use of the Services and your agreement to be bound by these Terms of Service. You are accessing the Services for the limited and exclusive purpose of reviewing these Terms of Service does not constitute “use” of the Services or agreement to be bound by these Terms of Service unless you further access or use the Services.
We reserve the right to change these Terms of Service or impose new conditions on the use of the Services, from time to time. The “Last Updated” date indicates when a change has been made. The “Effective” date indicates when these Terms officially come into effect. If we make a material change, we will post a prominent notice of the change on the home or landing page of our Services or otherwise notify you so you may choose whether to accept the change by continuing to use our Services or terminate your account. By continuing to use our Services after we post any such changes or notify you of any material changes, you accept the Terms of Service, as modified. If you don’t understand or agree to these Terms of Service, please do not use the Services. We also reserve the right to deny access to the Services to anyone who violates these Terms of Service or who, in our sole determination, interferes with the ability of others to enjoy our Services or infringes the rights of others.
If you reside in the European Economic Area (“EEA”), please refer to the “EEA Specific Terms” section.
1. Registration and Access
Your Registration Obligations
You may be required to register a user account in order to access certain content or use certain features of our Services. To register an account and access certain features of our Services, we may ask you to provide certain personal data as defined in our
Privacy Policy. For the kind of personal data we collect, the purposes of the collection, and how we use your personal data, please read our
Privacy Policy. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself.
We reserve the right to reject or terminate any username created by you which we deem offensive or inappropriate. We may also terminate your account or access to the Services if you violate these Terms of Service or interferes with the ability of others to enjoy our Services or infringes the rights of others. You are responsible for maintaining the confidentiality of the account and the password to access the account. You may not share or disclose your account and password to any third party. You are responsible for all activities (whether by you or by others) that occur under your account. You agree to notify us immediately of any unauthorized access to your account, or any other breach of security. You agree to log out your account at the end of each session. We are not responsible for any losses or damages arising from your failure to protect your password or account information. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
2. GeneralPractices Regarding Use and Storage
You acknowledge that we may establish general practices and limits concerning the use of the Services, including without limitation the maximum period of time that your personal data or other content will be retained by us and the maximum storage space that will be allotted on our servers on your behalf. You agree that we are not responsible for the information or content provided by you or generated through your use of our Services except for the personal data subject to our Privacy Policy. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
3. Conditions of Use
You agree to comply with the following conditions while using our Services. You may be allowed to submit text, images, files or other content
(“Input”) to our Services for processing and receive response based on the Input
(“Output”). Input and Output collectively are “Content.” You are responsible for Content that you upload, submit, transfer, post, publish, display, email, or otherwise transmit
("transmit”) via the Services and ensure that it does not violate these Terms or any applicable laws. The following are examples of the kind of Content and/or use that is illegal or prohibited by us.
You agree to not use the Services to:
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submit personal data in your Input without the explicit consent of the individual data subject or transmit personal data of individuals under the age of 18 in any circumstances.
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solicit personal data from anyone under the age of 18;
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interfere with or disrupt our Services, or servers or networks that are connected to our Services, or fail to comply with any requirements, procedures, policies or regulations of networks that are connected to our Services;
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violate any applicable local, state, national or international law or regulations;
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impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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exploit, harm or attempt to exploit or harm minors in any way;
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conduct scraping, data mining, data extraction or data harvesting from our Services by electronic or other means, other than as permitted under these Terms;
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use our Services in an unfair manner by registering a large number of accounts, using a false identity for registration or by engaging other activities that beyond normal scope; or take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure, e.g., using the Services in an automated fashion which results in exceeding any limit on rates, or by falsifying clicks, creating fake requests, or using other technical means;
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conduct fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
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advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
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further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
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obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Services;
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modify, copy, lease, lend, sell or sublicense any part of the Services;
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try to get around any technological measure designed to protect the Services or any technology associated with the Services;
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attempt to or assist anyone to reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code (including our models, algorithms or systems), in whole or in part (unless a portion of code contained within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification);
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exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
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take any action intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
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use our Services and content generated by AI in our service in regulated industries, including providing medical, legal, financial, trading and investment advice or engaging in high-risk government decisions, where such use could lead to misinterpretation or misapplication of information;
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use our Services as part of providing products or services to a person for any purpose that could have a material impact on that person, especially in education, employment, housing, legal, medical, credit, insurance, or other financial sectors;
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generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily targeted use);
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develop any products or services that compete with our Services, including developing or training any algorithms or models;
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establish mirror images of the Services, or reproduce or duplicate the Services using any technological means;
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represent that Output was human generated when it was not;
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conduct any form of political manipulation;
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generate, transmit any Content that:
• infringes any intellectual property or other proprietary rights of any party;
• you are not entitled to upload, transmit or use in any manner under any law or relationships, contracts or otherwise;
• is verifiably false and / or with the purpose of harming others;
• poses or creates a privacy or security risk to any person or contains personally identifiable information that can be used to harm an individual;
• contains malware, software viruses, or any other malware designed to interrupt, destroy or limit the functionality of any computer or telecommunication systems;
• constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and / or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
• is unlawful, harmful, threatening, malicious, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
• constitutes photo - realistic or anime style pictures depicting a person that appears to be under 18 years old, especially content that exploits or abuses minors, including grooming, pedophilia, and nudity or that describes, encourages, supports or distributes any form of child sexual exploitation, abuse or material;
• in the sole determination of AIPOCH, is objectionable or which restricts or inhibits any other person from using or enjoying our Services, or which may expose AIPOCH or its users to any harm or liability of any type.
You agree not to republish any Content generated by the Service without clearly citing the Service as well as the context associated with the Content. Misrepresentation of the source of the Content or the nature of its creation is strictly prohibited, including deleting, tampering with, or concealing the identification of our labeled AI-generated content (such as prominent identifications visible on generated content and covert identifications implanted in metadata files through specific technical means).
We reserves the right to investigate and take appropriate action against anyone who, in our sole determination, violates this provision, including without limitation, removing the offending Content from the Services, suspending or terminating the account of such violators and reporting them to appropriate law enforcement authorities. You agree to indemnify and hold harmless AIPOCH, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any Content transmitted via the Services by you or by others using your account.
4. Payment
Some components of the Services are paid features (“Subscription”). You are responsible for paying any applicable fees and taxes listed for the Subscriptions.
Billing
If you purchase any Subscription, we may invoice you for your Subscriptions through a third-party payment service provider namely Stripe Payments, on each agreed-upon periodic renewal until you cancel. You are responsible for paying any applicable fees and taxes listed for the Subscriptions. If the payment cannot be completed, we may suspend or terminate the Subscription until the payment is received.
Cancellation
You are free to cancel the Subscription at any time. Payments are non-refundable for the current Subscription period, except where required by law, but you will not be charged after the current Subscription period has ended. We also reserve the right to terminate your access to the Services (see “Termination” section below).
EEA Consumer Withdrawal Right
If you are an EEA-based consumer, you can close your account and withdraw from these Terms within 14 calendar days of accepting them by contacting us via the details in the “Contact Us” section.
For the Subscription, you are entitled to cancel your purchase and request a refund without stating the reason during the 14 calendar days following the date of your purchase (the “Cooling Off Period”). The refund will cover the relevant Subscription fee prorated from the date you request cancellation to the end of the relevant Subscription period you have paid for. To cancel and request a refund please contact us via the details in the “Contact Us” section.
Changes
We may change our fees from time to time. If we increase our Subscription fees, we will give you at least 30 calendar days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the fee increase.
5. Intellectual Property Rights
Ownership of the Services
We own and reserve all right, title and interest in and to the Services.
Subject to your compliance with these Terms, we grant to you a non-exclusive, limited, non-transferable, non-sublicensable, revocable right to access and use the Services for your personal and non-commercial use. You acknowledge and agree that we may terminate the license granted to you at any time for breach of these Terms or for any other reason upon a written notice to you, unless otherwise prohibited or restricted under applicable laws.
Trademark
The AIPOCH name and logos are trademarks of AIPOCH (collectively the “AIPOCH Trademarks”). Other trademarks used and displayed via the Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to AIPOCH. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of AIPOCH Trademarks without our prior written permission in each instance. All goodwill generated from the use of AIPOCH Trademarks will inure to our exclusive benefit.
6. Content
Rights to Content.
With respect to the Content, as between you and AIPOCH, you retain all rights in the Input (to the extent you would otherwise hold such rights) and hereby grant and will grant AIPOCH to the fullest extent permitted under the law a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your Input for any AIPOCH-related purpose in any form, medium or technology now known or later developed. You represent and warrant that you own all rights, titles, and interests in and to such Input, including, without limitation, all copyrights and rights of publicity contained therein, or are otherwise permitted to use them for the applicable purposes.
You also own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output. You agree to grant AIPOCH to the fullest extent permitted under the law a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use the Output for any AIPOCH -related purpose in any form, medium or technology now known or later developed.
Similarity of Content
Due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive similar Output from our Services. This does not extend to other users’ output or any Third Party Output.
Our Use of Content
We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.
Opt Out
If you do not want us to use your Content to train our algorithms or models, you can opt out by contacting us via the details in the “Contact Us” section. Please note that in some cases this may limit the ability of our Services to better address your requests.
Accuracy and Reliance
Artificial intelligence and machine learning are rapidly evolving and dynamic. Our commitment is to improve our Services to enhance their accuracy, reliability, safety, and overall utility.
Due to the inherent limitations of models, algorithms, and related technologies relied upon by the Services, you understand and agree:
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The Services may not fully understand Input by you like a human and there may be potential risks and ethical issues in Output that cannot be detected.
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Output may not always be accurate and authentic. You should not rely on Output from our Services as a sole source of information, or as a substitute for professional advice.
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You must evaluate Output for accuracy and appropriateness independently, including using human review as appropriate, before using or sharing Output from the Services.
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Output may be incomplete, incorrect, offensive, or inconsistent with our views, even if Output has been filtered by algorithms automatically and necessary manual review. If Output references any third party content, it doesn’t mean the third party endorses or is affiliated with AIPOCH.
Responsibility
We are not responsible for the Input you or others may submit to our Services.
You understand that we have no obligation to monitor any Input you submit. However, we reserve the right at all times, in our sole discretion, to screen Input submitted by you and to edit, move, delete, and/or refuse to accept any Input that in our sole determination violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or any other reasons.
You acknowledge and agree that any Input provided by you to AIPOCH are non-confidential and we will be entitled to the unrestricted use and dissemination of these Inputs for any purpose, without acknowledgment of or compensation to you.
Without limiting the foregoing, you acknowledge and agree that we may preserve Input and may also disclose Input if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any Input violates the rights of third parties; or (d) protect the rights, property, or personal safety of AIPOCH, its users and the public.
7. Copyright Complaints
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Services in a manner that constitutes copyright infringement, please inform our designated Copyright Agent by sending written notice to AIPOCH at support@aipoch.pro.
Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed upon;
(2) a description of the location of the allegedly infringing material on the Services;
(3) your contact information, including your postal address, telephone number, and, if available, email address;
(4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(6) an electronic or physical signature of the copyright owner or the person authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided in the “Contact Us” section.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.
In appropriate circumstances and at our sole discretion, we may also limit access to the Services and/or terminate your user account if your Content infringes the intellectual property right of another, regardless of whether the infringement is repeated.
Counter-Notification
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to use and provide the content in your Content, you may send a written counter-notice containing the following information to our Copyright Agent designated above:
(1) your physical or electronic signature;
(2) an identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(3) a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
(3) your contact information, including your name, postal address, telephone number, and, if available, email address;
(4) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue; and
(5) a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 30 calendar days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 30 calendar days after receipt of the counter-notice, at our sole discretion.
8. Third Party Services
Under no circumstances will AIPOCH be liable in any way for any service provided or maintained by third parties, including, but not limited to third party large language models (“LLM”), third party plugins, and third party APIs. You acknowledge and agree that third party services are provided to you by applicable third-party service providers. Your use of any third-party services is at your own risk and subject to additional terms and conditions (e.g., user terms, acceptable use policies, content policies, privacy policies) published or otherwise made available by the applicable third parties.
Any links or access to such third-party sites, applications or resources do not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through our Services. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Services or on websites linked to by us through the Services.
You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any claims, fines, damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services provided by any third party. Any dealings you have with third parties while using the Services are between you and the third party, and you agree that neither we nor our parent or subsidiary companies nor any of our respective affiliates is liable for any loss or claim that you may have against any such third party. To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Services is directly between you and such third party, you irrevocably release us from any and all claims, demands, fines, indemnifications and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, such dispute.
9. Limitation of Liability
Under no circumstances, including, but not limited to, negligence, will we or our subsidiaries, parent companies or affiliates and/or their directors, employees or agents be liable for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, goodwill, use or data or other losses) that result from the use of, or the inability to use, the Services, including its materials, products, or services, or third-party materials, products, or services made available through the Services, even if we are advised beforehand of the possibility of such damages.
Our aggregate liability under these Terms will not exceed the greater of the amount you paid for the service that gave rise to the claim during the 12 months before the liability arose or one hundred dollars ($100). The limitations in this section apply only to the maximum extent permitted by applicable law.
Some countries and states do not allow the exclusion or limitation of certain categories of damages, if you reside in one of these places, the above limitation may not apply to you. In such places, our liability and the liability of our subsidiaries, parent companies and affiliates, is limited to the fullest extent permissible in your place of residence. You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Services, or any Content made available through the Services, or with any of terms and conditions relating to the Services, your sole and exclusive remedy is to discontinue using the Services.
10. Indemnity
You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Services, violation of these Terms of Service by you or any other person using your account, or your violation of applicable law and regulations or any rights of another, your fraud or other illegal acts, or your intentional misconduct or gross negligence, to the extent permitted by the applicable law. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such an event, you agree to cooperate with us to the best of your ability upon request.
If you are a California resident, you waive California Civil Code Section 1542, which says:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
If you are a resident of another jurisdiction, you waive any comparable rights, regardless of whether the rights are provided by statute or otherwise.
The information, products and services offered on or through the Services and any third-party sites are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, satisfactory quality, non-infringement, quiet enjoyment and any warranties arising out of any course of dealing or trade usage. We do not warrant that the Services or any of its features will be uninterrupted, accurate or error-free, that defects will be corrected, or that any part of the Services or the servers that make it available, are free of viruses or other harmful components.
We do not warrant or make any representations regarding the use or the results of the use of the Services or the Content made available through the Services or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
You acknowledge that the provisions of this section are a material inducement and consideration to us to grant the license contained in these Terms of Services and to provide you with access to the Services.
It is your responsibility to have the equipment and/or software necessary to access the Services including the cost of maintaining the equipment and software.
You acknowledge that by using the Services, you may incur charges from your wireless carrier, internet service provider, or other method of internet connectivity, and that payment of any such charges will be your sole responsibility. You agree that your use of the Services will be in accordance with all requirements of these service providers. We do not control network access. Your use of these networks may not be secure and may expose your personal data during transmission.
The Services are provided for informational purposes only, and is not intended for medical, legal, trading or investment, or other professional use. The Services should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs.
You expressly accept and agree that any use of Output from our Services is at your sole risk and you will not rely on Output as a sole source of truth or factual information, or as a substitute for professional advice.
11. Dispute Resolution by Binding Arbitration
This section affects your rights so please read it carefully.
Agreement to Arbitrate
This section is referred to as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and AIPOCH, whether arising out of or relating to these Terms (including any alleged breach thereof), the 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 this Arbitration Agreement, you and AIPOCH 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. The Singapore Law governs the interpretation and enforcement of this Arbitration Agreement.
Waiver of Class and Representative Actions and Non-Individualized Relief
You and AIPOCH agree, to the fullest extent permitted by applicable law, that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). This does not prevent either party from participating in a class-wide settlement. You and AIPOCH knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.
Pre-Arbitration Dispute Resolution
AIPOCH is always interested in resolving disputes amicably and fairly. If you have questions or concerns about the Services, we strongly encourage you to first email us about them at support@aipoch.pro , If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Notices should be sent to AIPOCH. Or by email to support@aipoch.pro with the subject title “NOTICE OF DISPUTE.” The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If AIPOCH and you are unable to resolve the dispute within 60 calendar days after the Notice is received, you or AIPOCH may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator determines the amount of an award, if any, to which you or AIPOCH is entitled.
Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”), as modified by this Arbitration Agreement. For information on SIAC Rules, please visit its website, https://siac.org.sg/siac-rules. If there is any inconsistency between any term of the SIAC Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent term contained in the Arbitration Agreement would result in the arbitration to be fundamentally unfair. The arbitrator is strictly bound by the terms of this Arbitration Agreement. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually considered to be simpler and more streamlined than trials and other judicial proceedings, the arbitrator shall have the same authority as a judge in the judicial system in determining the number of damages and other forms of relief. Decisions made by the arbitrator are final and enforceable in a court of competent jurisdiction. An appeal of the arbitrator’s decision must be agreed by both parties in writing.
Unless AIPOCH and you agree otherwise, any arbitration hearings will take place in SIAC. If the parties are unable to agree on a location, the determination shall be made by SIAC. If your claim is for $10,000 or less, AIPOCH agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video conference hearing, or by an in-person hearing as established by the SIAC Rules. If your claim exceeds $10,000, the method of hearings will be determined by the SIAC Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Waiver of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled “Waiver of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, AIPOCH agrees that if it makes any future change to this Arbitration Agreement while you are a user of the Services, you may reject any such change by sending AIPOCH a written notice within 30 calendar days of the change to the email provided above. By rejecting any future change, you agree that you are bound by the Arbitration Agreement that was in effect immediately prior to the proposed change.
EEA Consumer Alternative Dispute Resolution
If you reside in the EEA, you can also raise the dispute with an alternative dispute resolution body via the European Commission’s Online Dispute Resolution (ODR) Platform, which you can access at https://ec.europa.eu/consumers/odr.
12. Right to Modify or Discontinue Services
We reserve the right to modify or discontinue the Services, or any part of them, at any time, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
13. Termination
You may terminate your use of the Services at any time. You agree that AIPOCH, 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 Services, for any reason, including, without limitation, for lack of use or if AIPOCH believes, in good faith, that you have violated or acted contrary to the letters or spirit of these Terms, or if we must do so to comply with the law. You agree that any termination of your access to the Services under any provision of these Terms may be affected without prior notice. Termination of your account or access to any component of the Services will not terminate AIPOCH’s rights to your Content. Further, you agree that AIPOCH will not be liable for any damages to you or any third party as a result of such termination.
If we terminate your access to the Services due to a violation of these Terms and you have a Subscription, you will not be entitled to any refund. In addition, if you have a Subscription, we may terminate the Subscription immediately at any time for any other reason. If we exercise this right, we will refund you, on a pro rata basis, the fees you paid for the remaining portion of your Subscription after termination.
14. Miscellaneous
Minimum Age
You must be at least 18 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services.
Assignment
This agreement is personal to you and may not be assigned to any third party. These Terms of Service are not intended to benefit any third party, and do not create any third-party rights. Accordingly, these Terms of Service may only be invoked or enforced by you or us.
You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.
Force Majeure
Neither party will be liable for failure, obstacles, defects, delay or changes in performance to the extent caused by circumstances beyond its reasonable control, including:
(i) acts of God, natural disasters, governmental actions, judicial and administrative orders, terrorism, riots, or war;
(ii) maintenance of hardware or software related to the Services, or malfunctions due to various factors;
(iii) failures due to public service or third parties, such as power supply failures, communication network failures.
Arbitration
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arisen out of or related to the use of our Services, or these Terms must be filed by you within one year after the claim becomes actionable. This provision is subject to the Arbitration Agreement set forth above.
Entire Agreement
These Terms constitute the entire agreement between you and AIPOCH and govern your use of our Services, superseding any prior agreements between you and AIPOCH with respect to the Services.
Applicable Law and Jurisdiction
These Terms are governed by the laws of Singapore without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration as set forth above, you and AIPOCH agree to submit to the personal and exclusive jurisdiction of SIAC.
Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. The other provisions of these Terms remain in full force and effect.
Delay in Enforcing These Terms
Any failure of AIPOCH to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
Trade Controls
You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to any U.S. embargoed country or territory, or to anyone on (i) the U.S. Treasury Department’s list of Specially Designated Nationals, (ii) any other restricted party lists identified by the Office of Foreign Asset Control, (iii) the U.S. Department of Commerce Denied Persons List or Entity List, or (iv) any other restricted party lists, under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.
EEA Consumer Guarantee
If you are an EEA-based consumer, then EEA consumer laws provide you with a legal guarantee covering the Services. If you have any questions about your legal guarantee, please contact us via the details in the “Contact Us” section.
15. Contact Us
If you have any questions about these Terms, please contact us at support@aipoch.pro.