Faimily App Terms and Conditions
Faimily App Terms and Conditions
Introduction & Scope.
Welcome, these are the Terms and Conditions of Service (hereinafter, the “Terms”) for our platform known as Faimily AI, specifically the mobile application software (the “App”) available via selected third party app stores such as the Apple App Store, our websites and their mobile optimized versions. These Terms shall also supplement our Privacy Policy (the “Policy”), incorporated herein by reference.
This is a legal engagement which sets out the terms and conditions by which our team (hereinafter referred to as “Faimily AI”) will provide services to you or to the legal entity you represent (‘you’, ‘your’, and/or ‘yourself’).
The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, shall refer to us, Faimily AI and/or our affiliates, assignees, successors and/or brands.
User Agreement & Acceptance.
By accessing our App and using our Services (as such term is defined below), you are agreeing to be bound by these Terms, which constitute a legally binding user agreement, along with any and all applicable laws and regulations. As a user of our App, you might be asked to agree to this Policy by clicking on the “I Agree” checkbox on the registration page, box, tab or other analogous means. Our websites may also include a pop-up box or banner. Through that action, you thereby acknowledge and agree to the terms of these Terms, which are and constitute a legal, binding agreement between you and Faimily AI.
By using our App, you represent and warrant that you: (a) are of legal age or legal capacity in your jurisdiction; (b) agree to all of the terms and conditions stated herein; (c) have the right, power, and authority to bind your represented entity or the agency to these terms and conditions.
As our customer, you represent, covenant and warrant that you and your team of authorized users will use the Services only in compliance with Faimily AI’s standard published policies and guidelines then in effect and all applicable laws and regulations. If you do not agree with any of these Terms, you are thereby prohibited from using or accessing the App.
Specific Health Disclaimer.
Faimily AI does not own, manage and/or control any healthcare, family doctor, pediatrician, exercise or medicine or pharmacy preparation practice, nor does it engages into the legal, managerial, logistical, safety or regulatory activities necessary for any type of medicine, pediatric, healthcare, hospitality, psychotherapy, infirmary, exercise, diet routine, callisthenic, biomechanics, sanitation or medical profession planning, organization or execution enterprise.
Our Services are not a substitute for the advice of a medical professional or doctor, and the information made available on or through the Services or Faimily AI should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition, nor do they constitute medical advice or a doctor's advice, or are or entail a substitute for a medical examination or treatment by a doctor. If you have knowledge of any pre-existing medical conditions on any person we advise you to seek medical advice from a doctor urgently before you start the using the Services.
All or our users bear sole responsibility for the healthcare, diet, personal care, hygiene, food and lifestyle personal decisions of themselves and their children and responsible underage minors. None of the products, services, content, text, audio, video, information, metrics, data, notifications, measurements or recommendations generated by the LLMs of our third party GPT platforms should be read, considered, listened, followed, eaten, performed or otherwise undertook without previous clearance from a health care provider or family doctor.
For people in poor health or with pre-existing physical or allergy conditions, along with their children and responsible underage minors, there may be risks associated with certain types of activities, lifestyle choices, food and ingredients. Due to the existence of these risks, no one should not take any lifestyle, nutrition, experiences, tutorials, programs or recommendations randomly generated by the App, if such person is in poor health or has a pre-existing allergic history or health condition, or if such person is not currently able to assess whether he or she will be overall fit to take any type of personal lifestyle decision from any person or entity.
Neither Faimily AI nor its affiliates, agents, representatives, employees or officers are responsible for any injuries or health problems which you or any person may experience, as a result of following any recommendation, idea or random text, content, audio, video, information, metrics, data, recipes, instructions, notifications, measurements or recommendations of the App.
It is absolutely forbidden to ask any type of sickness or illness queries to the App, such as “is my son ill, what should I do” or “is my daughter sick of the flu”. We hereby disclaim any and all type of randomly generated responses regarding those topics. Please keep in mind that there is no human behind the answers, but a random language model that takes responses out of a library, and is not a human, lacks empathy and specifically lacks any information or data about the health of your children or responsible minors.
Services Offered.
Faimily AI provides a number of online services using generative pre-trained transformer (GPT) large language models (LLM) publicly available, in order to be able to provide a prompt for text questions regarding parenting and children, and in turn, our neural network chat can quickly read, compare, learn and generate answers to many questions about raising a child (collectively, the “Services”).
Some of these functionalities are provide by our selected third party service providers, including certain AI assisted LLM platforms provided by Open AI, Microsoft and other third parties. Please be reminded that those third party platforms are ruled by their own service level agreements, privacy policies and terms and conditions of use, including end user license agreements. Upon the case of any conflict or discrepancy amongst these Terms and the ones of such connectors, their terms and conditions will prevail only to the extent they result incompatible with ours.
Please keep in mind that the Services may or will experience delays in response times, as they are based on prototype neural network LLMs platforms, which sometimes can be overloaded, and in such case the user will need to wait for a response for a while. Such delays are not our responsibility, nor do they are a reason for a refund.
Account Registration, Verification and Safety.
The App can be used anonymously without authorization, and you can also create an account with us. If you use it anonymously, in such case, any data will not be saved after the App is deleted.
You must provide accurate and complete information when you open an account with us, including all mandatory fields on the registration form, and you hereby agree to keep the password chosen upon creating your account as confidential and not to communicate it to third parties.
If you lose or disclose your account credentials, you must promptly inform us, since you are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential. Please notify us immediately of any breach or unauthorized use of your account.
If you enter or use our Service as part of a legal entity, you hereby represent, warrant and covenant to Faimily AI that you have any and all necessary authorizations and powers by your company necessary for your account, the accounts of your authorized users, and your payment account.
Account Suspension & Termination.
Faimily AI encourages you to report violations of our guidelines and Terms. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.
Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility.
You acknowledge and agree that we may report any activity that we believe may violate any law-to-law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to Faimily AI or our Services.
Parental Notice.
Faimily AI does not knowingly provide its Services to persons: (i) under legal age; (ii) that have had their account previously disabled for violations of our Terms or Policy; (iii) that are otherwise prohibited from receiving our products, Services, or software under applicable laws.
Faimily AI does not knowingly collect any kind of information from any person under the age of thirteen (13). In compliance with the Children's Online Privacy Protection Act of 1998, 15 U.S.C. 6501–6505 ("COPPA"), if we learn or have reason to suspect that any user or that any client, project or customer data appertains persons under the age of thirteen (13), we will freeze and/or delete any PI under that user’s account, without prior notice and without responsibility.
We reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion. Upon the failure to provide such proof of age, we reserve the right to immediately freeze, block or cancel the account, with no liability.
User Support.
If you have any questions or complaints regarding the App or our Services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer as quickly as possible. You must provide us with full details of your service query so that we can clearly assess your concerns.
Please keep in mind that you need specific computer equipment, Internet connection, on-site power and network infrastructure in order to connect to, use and access our Services, for which we are not responsible.
App Store Terms.
This section will apply to our mobile application software which now or in the future might be distributed by us via the Apple Inc. (and their affiliates) app store (hereinafter called, the “App Store”). You hereby acknowledge and agree that these Terms are executed between Faimily AI and you, and not between Apple Inc. and/or their affiliates, parent and subsidiary companies (hereinafter, “Apple”). Henceforth, the license granted to you for our mobile app is also limited to a non-transferable license to use Faimily AI on an authorized third-party device activated product that you own or control, and as permitted by the terms of use set forth in the applicable App Store.
These Terms may not provide for usage rules for Faimily AI that are less restrictive than the usage rules set forth for licensed applications that otherwise are in conflict with the App Store’s terms of service or that otherwise are in conflict with their respective of use, the more restrictive term shall govern.
We, and not any such third-party app store provider, shall be solely responsible for Faimily AI and any and all content thereof, including the Services, any content therein and the Faimily AI content.
As our end user, you hereby represent and warrant that you will comply with any and all applicable third-party terms of agreement when using Faimily AI (e.g. wireless data carrier terms, Wi-Fi’s hotspot terms).
Faimily AI is solely responsible for providing any maintenance and support services with respect to the mobile app, and Apple shall not have any obligation to furnish any maintenance and support services thereof.
We, and not Apple, are the one responsible for addressing any claims of the end user or any third party relating to Faimily AI or the end user’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that Faimily AI fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Services or the Faimily AI platform.
These Terms may not limit Faimily AI´s liability to the end user beyond what is permitted by applicable law. In the event of any third-party claim that Faimily AI or the end user’s possession and use of Faimily AI infringes that any third party’s intellectual property rights, we and/or the end user, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You hereby acknowledge and agree that Apple (and their affiliates) are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third party beneficiaries thereof.
If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple's applicable instructions for Minimum Terms for Developer's End Guest License Agreement, located at http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ or the App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/ca/terms.html, the terms and conditions of the Apple EULA Terms or Apple App Store Terms, as applicable, will apply and prevail to the extent of such inconsistency or conflict.
Payment of Service Fees.
Some portions of our Services are offered free of charge, which may include a limit to the time frame of use of the Services, or the limitation of the amount and type of questions that the App may accept (the first 10 questions are free), process and/or display. For the paid portions of the Services, you will pay Faimily AI the then-applicable fees described in the order form for the Services in accordance with the terms therein. If your use of the Services exceeds the Service capacity set forth on the order form or otherwise requires the payment of additional fees, you shall be billed for such usage and you agree to pay the additional fees in the manner provided herein.
Membership Subscription. If you purchase an auto-recurring periodic subscription, your account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when (e.g., monthly, quarterly, yearly). Upon payment of an activated, pre-paid subscription, user will have the right to use the Service for the length its chosen subscription term.
Your subscription is set to automatically renew at the end of your chosen subscription period. You are able to cancel the renewal of your subscription at any time. Cancelling your subscription renewal means that the recurring payments will end, but you will still have access to the Services for the remaining time of your current subscription period.
The subscription payment will be billed on a monthly or yearly basis on the calendar day corresponding with the date of commencement of your paid subscription. If a payment is not successfully settled we may suspend your access to the app or its content until we receive valid payment.
If you have a problem with your payment, please contact us as soon as possible. Please include a description of the Service’s functionality in question, including the reason for your technical query, your name, address, account info and payment details.
Changes to the fees. Faimily AI reserves the right to change the fees or applicable charges and to institute new charges and fees at the end of the initial Service term or then-current renewal term, upon thirty (30) days prior notice to you (which may be sent by email). If you believe that Faimily AI has billed your account incorrectly, you can always contact Faimily AI no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Faimily AI’s customer support department.
Payment Processing. We rely on authorized third-party payment processors in order to bill and charge all users through a linked payment account, such as debt, credit cards and third party payment processing platforms, and henceforth you hereby authorize us to charge the pertinent fees through your indicated payment processing account. Sensitive financial details are stored only by our payment providers. The activation of trial periods of the Service may require that you provide your payment details in order to be ready to activate the Services prior to the trial period expiry. From time to time, we may also allow payments via bank transfer wire or check.
Such third party payment processors are also the ones that process, manage, operate and deliver the payments of your end customers, not Faimily AI. For more information, please refer to the terms of use of our third party payment processing platform, which may include Stripe, PayPal and/or those used by Apple, Google and others.
Faimily AI shall not be held responsible for any and all errors, fees and currency conversion fees by our payment processors, and you should review its terms and policies from time to time, which will govern the provision of Services to our users.
Agent Appointment. You hereby appoint Faimily AI as your payment agent when you provide a payment credential to us, and therefore you acknowledge and agree that we will be permitted to use, collect and process that payment credential in order to process payments, charges and fees of Faimily AI. We may also use certain payment card updater services, whose availability varies by issuer, to ensure we have the most up-to-date information about the payment credentials that we store.
For payments by credit or debit card, we will have the right to obtain a pre-approval from the issuer of the card for an amount which may be a low verification amount or as high as the full price of the payment. In such case, your card will be charged when you initiate a payment on Faimily AI, and if you cancel a transaction before it can be completed, the security pre-approval may cause those charges to be available to you on your account’s limit.
Disputes & Charge-backs. All users must provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancelable. If your transaction results in an overdraft or other fee from your bank, or if we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to you. You can be assessed chargebacks for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.
When a chargeback is issued, you are immediately liable to Faimily AI for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint Faimily AI as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.
In-App Purchase Terms.
No or in the future we may allow any user to make one or several in-app purchases through Faimily AI, where users will be prompted to enter details for their account with their selected App Store account (such as Apple Pay), which will be charged for the in-app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your App Store account.
For users who purchase an auto-recurring periodic membership subscription through an in-app purchase, their App Store account will be billed continuously for the subscription until cancelled. After your initial subscription commitment period, and again after any subsequent subscription period, your membership will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your membership to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your App Store account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with Faimily AI or if you have deleted our mobile App from your device. The App Stores may charge you sales tax, depending on where you live.
Please take note that deleting your user account on Faimily AI or deleting it from your device may not cancel your ongoing membership subscription; and in such case, we will continue charging all funds via your App Store account until you cancel your subscription.
If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.
User Code of Conduct.
As our user, you agree not to undertake, motivate, or facilitate the use or access of the App or the Services in order to:
● Infringe these Terms, or allow, encourage or facilitate others to do so.
● Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
● Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
● Republish, sell, rent or sub-license content or materials from the App without our authorization.
● Reproduce, duplicate or copy material from the App without our authorization.
● Distribute, post or otherwise make available any content that: (i) infringes on or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes on any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, pornographic or analogous material.
● Use any automated or manual process to obtain, copy, process, access and/or use our App or Services or any part therefrom to capture unauthorized data or content, for any purpose.
● Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from Faimily AI or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
● Use of our Services to disseminate any type of computer viruses, worms, defects, trojan horses or other items of a destructive nature.
● Undertake any action that will or may cause an unreasonable load on Faimily AI’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from Faimily AI.
● Otherwise reverse engineer, decompile or extract the proprietary code of the App and our Services.
Content Moderation.
Our Services may incorporate interactive public discussion forums, chat groups, bulletin boards, review services or other types of forums in which you or other users may post user generated content (e.g. questions, messages). We reserve the right (but not the obligation) to monitor disputes between you and other of our users, but not with suppliers.
The Internet is not an anonymous means of communications, thus we cannot guarantee the confidentiality of any user generated content that you provide to us via the Services. Each piece of user generated content that you post is intended for review by other Faimily AI users and content that you share with us will result in such content being made publicly available for users in our App.
Faimily AI has the right, but not the obligation, to monitor any user activity and ‘user generated content’ (e.g. posts, feedback, comments, questions and other content) within the App in order to determine compliance thereof, and to edit, refuse to post or remove any material or content submitted to or posted on our Services that we find to be in violation of our Terms, Policy or that is otherwise objectionable.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Faimily AI and our Services.
No Spam Policy.
We reserve the right to screen any user generated content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. In compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, we will not tolerate, and we will not allow others to undertake though our Services or Faimily AI, any and all massive delivery of unsolicited bulk communications to our users or to any third party.
Any commercial electronic communication that you receive from us, our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our commercial communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
Newsletter, Opt-out.
The App may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletter, you may receive information according to your user preferences. As our user, you will receive a conspicuous communication indicating your subscription thereof, and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.
Any commercial electronic communication that you receive from us our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our commercial communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
User Licenses.
Limited License. Faimily AI grants you a limited, non-exclusive, revocable, royalty free and non-transferable license to utilize and access the App and the Services. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the Services, in whole or in part. Faimily AI does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded Services and computer applications, in whole or in part.
User Generated Content License. You hereby grant Faimily AI (and the App Stores) an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any user generated content you may upload, disseminate, deliver, create or transfer any post, original audio file, message, chat, files uploaded, data inputted, image, graphic or files; or otherwise any content delivered to Faimily AI via the App or the Services. You represent and warrant to Faimily AI that you have all rights, authorizations or otherwise hold sufficient title for any and all user generated content submitted to Faimily AI as set forth herein. The aforesaid license includes the right to use, host, store, reproduce, technically modify, adapt, adjust, communicate, publish, publicly perform, publicly display and distribute any such user generated content by Faimily AI.
Feedback License. You hereby grant Faimily AI an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to Faimily AI regarding the App and Services.
Intellectual Proprietary Rights.
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on Faimily AI and the Services are the property of or otherwise are licensed to Faimily AI and its licensors and affiliates, whether acknowledged (or not), and which are protected under intellectual property laws, including copyright laws and treaties and other jurisdictions throughout the world.
Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in the Faimily AI or our Services, in whole or in part. In addition, We retain all rights to aggregated anonymous data derived from your use of the Service, with the understanding that such data will not be identifiable as belonging to or emanating from you nor will such data contain information that directly or indirectly identifies you or any other person (natural or otherwise).
For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States and other applicable jurisdictions.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in Faimily AI and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
Digital Millennium Copyright Act (‘DMCA’) Notice.
In compliance with the DMCA, we inform you that Faimily AI is the Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing. For more information, including detailed information about how to submit a request for takedown if you believe content on Faimily AI infringes your intellectual property rights, please contact us. You can review the current DMCA text at the U.S. Copyright Office website.
Faimily AI takes copyright infringement matters seriously, and is ready to remove any allegedly or factually infringing content displayed on the Faimily AI upon due notice and request by the title holder.
The following procedure will apply for any content displayed through the Faimily AI that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with the email subject: "Takedown Request". Once received, Faimily AI will study and consider your claim and, if it believes or has reason to believe any content on the Faimily AI infringes on another’s copyright, Faimily AI may delete it, disable or otherwise stop displaying it.
Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
Our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a DMCA Takedown Notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a Counter Claim Notice, under Sections 512(g)(2), and (3) of the DMCA.
To file a Counter Claim Notice, please contact our Designated Agent indicated above, in writing, and with a Counter Claim Notice containing the following information, at a minimum: (i) express identification of the content that we may have or have removed from our Faimily AI and section or domain it was displayed; (ii) contact information, such as your address and your email address; (iii) a signature and identification of the title holder and/or the person authorized to act; and (iv) a statement indicating that you swear, under penalty of perjury, that you have a good faith belief that the information provided in the Counter Claim Notice is true and accurate.
Third-party Websites and Content.
From time to time, Faimily AI and the Services may contain hyperlinks to other websites. These links are for the personal convenience of our users and to provide them with further information which may be of interest to them. The provision of such links does not imply any endorsement of such third-party websites (or their products and services). Please review the applicable terms and policies of such websites, including their privacy and data collection practices.
We may place ads and promotions from third-party sources on Faimily AI. Accordingly, your participation or undertakings in promotions of third-parties other than Faimily AI, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third-party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Faimily AI.
Removal of Links from Faimily AI.
If you find any link on Faimily AI that is offensive for any reason, you are free to contact and inform us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.
You acknowledge and agree that we shall not be required to actively monitor nor exercise any editorial control whatsoever over any piece, item, message or material or information created, obtained or accessible through the Services or Faimily AI. Each visitor or user is solely responsible for the contents of his or her communications and may be held legally liable or accountable for the content of his or her comments or other material or information.
User Technical Resources.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, your user account, passwords (including but not limited to administrative and user passwords) and files and accounts of your authorized user teams, and for all uses of your Faimily AI account or the Equipment with or without your knowledge or consent.
Accordingly, you agree that: (i) Faimily AI cannot be held liable for any failures in the operation of the interface or integration resulting from acts or omissions by you or the third party providing the Equipment; (ii) Faimily AI shall have no liability or obligation whatsoever to you in relation to the content on or use of, or correspondence with any third party website or service made available via the Services.
If an issue arises with regard to the effective operation of an interface or integration to a third party Equipment provider or system, Faimily AI will use its commercially reasonable efforts to resolve the issue.
No Endorsement.
The images, texts, posts, information, photographs and other content and media displayed on or through the App and our Services are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope. Some or all of the images shown in the App are licensed and/or purchased stock photos, and are only shown for illustration purposes. Some or all of the content displayed in the App is delivered by external third parties, and does not reflect Faimily AI’s opinions, nor do Faimily AI, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.
You acknowledge and agree that Faimily AI shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any material or information created, obtained or accessible through the Services or App. Each registered user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
Changes to the Services.
Faimily AI reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the App and the Services, at any time and without notice. Any changes will be displayed on the App, and we may also notify you by email. As a general rule, we will try to not diminish the functionalities available to your Service tier, and in the case of increased or newly available functionalities, we will inform you before their activation, including the timeframe to accept new payment terms.
Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
User Privacy.
By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
Disclaimer of Warranty.
To the fullest extent permissible under applicable law, Faimily AI and the Services are provided to you “as is,” with “all faults” and “as available,” without warranty of any kind. Faimily AI, and its affiliates, clients, agents, officers, licensors and/or distributors do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment, peaceful enjoyment, and any warranties emanating out of course of dealing or trade usage.
Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
Faimily AI expressly disclaims any representation or warranty that Faimily AI complies with all applicable laws and regulations outside the United States. If you make use of Faimily AI outside of the United States, you expressly fully comprehend and consent that it is your responsibility to determine compliance with variant laws, regulations, or customs that may apply in connection with your use of Faimily AI.
No Damages.
In no event shall Faimily AI, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of Faimily AI or the Services including, but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, business glitch, defamation, or loss of data (notwithstanding that we might have been advised of the possibility of such damages or such damages are foreseeable); whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Faimily AI, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages; emanating from or connected, in any way, with your use of, or inability to use Faimily AI. Your singular redress for dissatisfaction with Faimily AI is your prompt withdrawal from using Faimily AI.
Limitation of Liability.
If a user suffers loss or damage as a result of Faimily AI’s negligence or failure to comply with these Terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the amount paid to you by us for your use of the Services in the six month period immediately preceding the events giving rise to the claim.
These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
General Terms.
Assignment. These Terms will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated Faimily AI and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of Faimily AI’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Entire Agreement. These Terms constitute the complete and exclusive statement of the agreement between the Parties with respect to the subject matter of these Terms, and these Terms supersede any and all prior oral or written communications, proposals, representations, and agreements. The Terms may be amended only by mutual agreement expressed in writing and signed by both parties, and any attempted amendment in violation of this section shall be void.
Equitable remedies. You hereby acknowledge and agree that if these Terms are not specifically enforced, Faimily AI will be irreparably damaged, and therefore you agree that Faimily AI shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Force Majeure. Faimily AI is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Faimily AI’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Interpretation. In understanding or interpreting the terms of these Terms: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting these Terms.
Language. These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
No Embargo. You hereby represent and warrant that: (i) you are not located in a country that is subject to an international government’s embargo, or that has been designated by any nation’s government as a “terrorist supporting” country; and (ii) you are not listed on any government’s list of prohibited or restricted parties or activities.
No Waiver. Failure by Faimily AI to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. You and Faimily AI are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Notices. All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
Applicable Law. You agree to submit to the applicable laws in Georgia, which will govern these Terms and any claim, without regard to conflict of law provisions.
Forum. For the application of this arbitration agreement, and of other matters appertaining these Terms, the parties hereto agree to submit to the personal jurisdiction of the courts located in City of Batumi, Adjara, Georgia.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.
Contact
If you have any questions or queries about us, the Faimily AI, our Services or these Terms, please contact us as indicate on the App. Note that communications made via email faimilyapp@gmail.com or the “Contact Us” page does not constitute legal notice to the Faimily AI legal entity.
Date of last effective update is 23 march, 2023.
Welcome, these are the Terms and Conditions of Service (hereinafter, the “Terms”) for our platform known as Faimily AI, specifically the mobile application software (the “App”) available via selected third party app stores such as the Apple App Store, our websites and their mobile optimized versions. These Terms shall also supplement our Privacy Policy (the “Policy”), incorporated herein by reference.
This is a legal engagement which sets out the terms and conditions by which our team (hereinafter referred to as “Faimily AI”) will provide services to you or to the legal entity you represent (‘you’, ‘your’, and/or ‘yourself’).
The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, shall refer to us, Faimily AI and/or our affiliates, assignees, successors and/or brands.
User Agreement & Acceptance.
By accessing our App and using our Services (as such term is defined below), you are agreeing to be bound by these Terms, which constitute a legally binding user agreement, along with any and all applicable laws and regulations. As a user of our App, you might be asked to agree to this Policy by clicking on the “I Agree” checkbox on the registration page, box, tab or other analogous means. Our websites may also include a pop-up box or banner. Through that action, you thereby acknowledge and agree to the terms of these Terms, which are and constitute a legal, binding agreement between you and Faimily AI.
By using our App, you represent and warrant that you: (a) are of legal age or legal capacity in your jurisdiction; (b) agree to all of the terms and conditions stated herein; (c) have the right, power, and authority to bind your represented entity or the agency to these terms and conditions.
As our customer, you represent, covenant and warrant that you and your team of authorized users will use the Services only in compliance with Faimily AI’s standard published policies and guidelines then in effect and all applicable laws and regulations. If you do not agree with any of these Terms, you are thereby prohibited from using or accessing the App.
Specific Health Disclaimer.
Faimily AI does not own, manage and/or control any healthcare, family doctor, pediatrician, exercise or medicine or pharmacy preparation practice, nor does it engages into the legal, managerial, logistical, safety or regulatory activities necessary for any type of medicine, pediatric, healthcare, hospitality, psychotherapy, infirmary, exercise, diet routine, callisthenic, biomechanics, sanitation or medical profession planning, organization or execution enterprise.
Our Services are not a substitute for the advice of a medical professional or doctor, and the information made available on or through the Services or Faimily AI should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition, nor do they constitute medical advice or a doctor's advice, or are or entail a substitute for a medical examination or treatment by a doctor. If you have knowledge of any pre-existing medical conditions on any person we advise you to seek medical advice from a doctor urgently before you start the using the Services.
All or our users bear sole responsibility for the healthcare, diet, personal care, hygiene, food and lifestyle personal decisions of themselves and their children and responsible underage minors. None of the products, services, content, text, audio, video, information, metrics, data, notifications, measurements or recommendations generated by the LLMs of our third party GPT platforms should be read, considered, listened, followed, eaten, performed or otherwise undertook without previous clearance from a health care provider or family doctor.
For people in poor health or with pre-existing physical or allergy conditions, along with their children and responsible underage minors, there may be risks associated with certain types of activities, lifestyle choices, food and ingredients. Due to the existence of these risks, no one should not take any lifestyle, nutrition, experiences, tutorials, programs or recommendations randomly generated by the App, if such person is in poor health or has a pre-existing allergic history or health condition, or if such person is not currently able to assess whether he or she will be overall fit to take any type of personal lifestyle decision from any person or entity.
Neither Faimily AI nor its affiliates, agents, representatives, employees or officers are responsible for any injuries or health problems which you or any person may experience, as a result of following any recommendation, idea or random text, content, audio, video, information, metrics, data, recipes, instructions, notifications, measurements or recommendations of the App.
It is absolutely forbidden to ask any type of sickness or illness queries to the App, such as “is my son ill, what should I do” or “is my daughter sick of the flu”. We hereby disclaim any and all type of randomly generated responses regarding those topics. Please keep in mind that there is no human behind the answers, but a random language model that takes responses out of a library, and is not a human, lacks empathy and specifically lacks any information or data about the health of your children or responsible minors.
Services Offered.
Faimily AI provides a number of online services using generative pre-trained transformer (GPT) large language models (LLM) publicly available, in order to be able to provide a prompt for text questions regarding parenting and children, and in turn, our neural network chat can quickly read, compare, learn and generate answers to many questions about raising a child (collectively, the “Services”).
Some of these functionalities are provide by our selected third party service providers, including certain AI assisted LLM platforms provided by Open AI, Microsoft and other third parties. Please be reminded that those third party platforms are ruled by their own service level agreements, privacy policies and terms and conditions of use, including end user license agreements. Upon the case of any conflict or discrepancy amongst these Terms and the ones of such connectors, their terms and conditions will prevail only to the extent they result incompatible with ours.
Please keep in mind that the Services may or will experience delays in response times, as they are based on prototype neural network LLMs platforms, which sometimes can be overloaded, and in such case the user will need to wait for a response for a while. Such delays are not our responsibility, nor do they are a reason for a refund.
Account Registration, Verification and Safety.
The App can be used anonymously without authorization, and you can also create an account with us. If you use it anonymously, in such case, any data will not be saved after the App is deleted.
You must provide accurate and complete information when you open an account with us, including all mandatory fields on the registration form, and you hereby agree to keep the password chosen upon creating your account as confidential and not to communicate it to third parties.
If you lose or disclose your account credentials, you must promptly inform us, since you are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential. Please notify us immediately of any breach or unauthorized use of your account.
If you enter or use our Service as part of a legal entity, you hereby represent, warrant and covenant to Faimily AI that you have any and all necessary authorizations and powers by your company necessary for your account, the accounts of your authorized users, and your payment account.
Account Suspension & Termination.
Faimily AI encourages you to report violations of our guidelines and Terms. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.
Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility.
You acknowledge and agree that we may report any activity that we believe may violate any law-to-law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to Faimily AI or our Services.
Parental Notice.
Faimily AI does not knowingly provide its Services to persons: (i) under legal age; (ii) that have had their account previously disabled for violations of our Terms or Policy; (iii) that are otherwise prohibited from receiving our products, Services, or software under applicable laws.
Faimily AI does not knowingly collect any kind of information from any person under the age of thirteen (13). In compliance with the Children's Online Privacy Protection Act of 1998, 15 U.S.C. 6501–6505 ("COPPA"), if we learn or have reason to suspect that any user or that any client, project or customer data appertains persons under the age of thirteen (13), we will freeze and/or delete any PI under that user’s account, without prior notice and without responsibility.
We reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion. Upon the failure to provide such proof of age, we reserve the right to immediately freeze, block or cancel the account, with no liability.
User Support.
If you have any questions or complaints regarding the App or our Services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer as quickly as possible. You must provide us with full details of your service query so that we can clearly assess your concerns.
Please keep in mind that you need specific computer equipment, Internet connection, on-site power and network infrastructure in order to connect to, use and access our Services, for which we are not responsible.
App Store Terms.
This section will apply to our mobile application software which now or in the future might be distributed by us via the Apple Inc. (and their affiliates) app store (hereinafter called, the “App Store”). You hereby acknowledge and agree that these Terms are executed between Faimily AI and you, and not between Apple Inc. and/or their affiliates, parent and subsidiary companies (hereinafter, “Apple”). Henceforth, the license granted to you for our mobile app is also limited to a non-transferable license to use Faimily AI on an authorized third-party device activated product that you own or control, and as permitted by the terms of use set forth in the applicable App Store.
These Terms may not provide for usage rules for Faimily AI that are less restrictive than the usage rules set forth for licensed applications that otherwise are in conflict with the App Store’s terms of service or that otherwise are in conflict with their respective of use, the more restrictive term shall govern.
We, and not any such third-party app store provider, shall be solely responsible for Faimily AI and any and all content thereof, including the Services, any content therein and the Faimily AI content.
As our end user, you hereby represent and warrant that you will comply with any and all applicable third-party terms of agreement when using Faimily AI (e.g. wireless data carrier terms, Wi-Fi’s hotspot terms).
Faimily AI is solely responsible for providing any maintenance and support services with respect to the mobile app, and Apple shall not have any obligation to furnish any maintenance and support services thereof.
We, and not Apple, are the one responsible for addressing any claims of the end user or any third party relating to Faimily AI or the end user’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that Faimily AI fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Services or the Faimily AI platform.
These Terms may not limit Faimily AI´s liability to the end user beyond what is permitted by applicable law. In the event of any third-party claim that Faimily AI or the end user’s possession and use of Faimily AI infringes that any third party’s intellectual property rights, we and/or the end user, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You hereby acknowledge and agree that Apple (and their affiliates) are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third party beneficiaries thereof.
If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple's applicable instructions for Minimum Terms for Developer's End Guest License Agreement, located at http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ or the App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/ca/terms.html, the terms and conditions of the Apple EULA Terms or Apple App Store Terms, as applicable, will apply and prevail to the extent of such inconsistency or conflict.
Payment of Service Fees.
Some portions of our Services are offered free of charge, which may include a limit to the time frame of use of the Services, or the limitation of the amount and type of questions that the App may accept (the first 10 questions are free), process and/or display. For the paid portions of the Services, you will pay Faimily AI the then-applicable fees described in the order form for the Services in accordance with the terms therein. If your use of the Services exceeds the Service capacity set forth on the order form or otherwise requires the payment of additional fees, you shall be billed for such usage and you agree to pay the additional fees in the manner provided herein.
Membership Subscription. If you purchase an auto-recurring periodic subscription, your account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when (e.g., monthly, quarterly, yearly). Upon payment of an activated, pre-paid subscription, user will have the right to use the Service for the length its chosen subscription term.
Your subscription is set to automatically renew at the end of your chosen subscription period. You are able to cancel the renewal of your subscription at any time. Cancelling your subscription renewal means that the recurring payments will end, but you will still have access to the Services for the remaining time of your current subscription period.
The subscription payment will be billed on a monthly or yearly basis on the calendar day corresponding with the date of commencement of your paid subscription. If a payment is not successfully settled we may suspend your access to the app or its content until we receive valid payment.
If you have a problem with your payment, please contact us as soon as possible. Please include a description of the Service’s functionality in question, including the reason for your technical query, your name, address, account info and payment details.
Changes to the fees. Faimily AI reserves the right to change the fees or applicable charges and to institute new charges and fees at the end of the initial Service term or then-current renewal term, upon thirty (30) days prior notice to you (which may be sent by email). If you believe that Faimily AI has billed your account incorrectly, you can always contact Faimily AI no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Faimily AI’s customer support department.
Payment Processing. We rely on authorized third-party payment processors in order to bill and charge all users through a linked payment account, such as debt, credit cards and third party payment processing platforms, and henceforth you hereby authorize us to charge the pertinent fees through your indicated payment processing account. Sensitive financial details are stored only by our payment providers. The activation of trial periods of the Service may require that you provide your payment details in order to be ready to activate the Services prior to the trial period expiry. From time to time, we may also allow payments via bank transfer wire or check.
Such third party payment processors are also the ones that process, manage, operate and deliver the payments of your end customers, not Faimily AI. For more information, please refer to the terms of use of our third party payment processing platform, which may include Stripe, PayPal and/or those used by Apple, Google and others.
Faimily AI shall not be held responsible for any and all errors, fees and currency conversion fees by our payment processors, and you should review its terms and policies from time to time, which will govern the provision of Services to our users.
Agent Appointment. You hereby appoint Faimily AI as your payment agent when you provide a payment credential to us, and therefore you acknowledge and agree that we will be permitted to use, collect and process that payment credential in order to process payments, charges and fees of Faimily AI. We may also use certain payment card updater services, whose availability varies by issuer, to ensure we have the most up-to-date information about the payment credentials that we store.
For payments by credit or debit card, we will have the right to obtain a pre-approval from the issuer of the card for an amount which may be a low verification amount or as high as the full price of the payment. In such case, your card will be charged when you initiate a payment on Faimily AI, and if you cancel a transaction before it can be completed, the security pre-approval may cause those charges to be available to you on your account’s limit.
Disputes & Charge-backs. All users must provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancelable. If your transaction results in an overdraft or other fee from your bank, or if we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to you. You can be assessed chargebacks for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.
When a chargeback is issued, you are immediately liable to Faimily AI for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint Faimily AI as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.
In-App Purchase Terms.
No or in the future we may allow any user to make one or several in-app purchases through Faimily AI, where users will be prompted to enter details for their account with their selected App Store account (such as Apple Pay), which will be charged for the in-app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your App Store account.
For users who purchase an auto-recurring periodic membership subscription through an in-app purchase, their App Store account will be billed continuously for the subscription until cancelled. After your initial subscription commitment period, and again after any subsequent subscription period, your membership will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your membership to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your App Store account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with Faimily AI or if you have deleted our mobile App from your device. The App Stores may charge you sales tax, depending on where you live.
Please take note that deleting your user account on Faimily AI or deleting it from your device may not cancel your ongoing membership subscription; and in such case, we will continue charging all funds via your App Store account until you cancel your subscription.
If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.
User Code of Conduct.
As our user, you agree not to undertake, motivate, or facilitate the use or access of the App or the Services in order to:
● Infringe these Terms, or allow, encourage or facilitate others to do so.
● Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
● Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
● Republish, sell, rent or sub-license content or materials from the App without our authorization.
● Reproduce, duplicate or copy material from the App without our authorization.
● Distribute, post or otherwise make available any content that: (i) infringes on or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes on any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, pornographic or analogous material.
● Use any automated or manual process to obtain, copy, process, access and/or use our App or Services or any part therefrom to capture unauthorized data or content, for any purpose.
● Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from Faimily AI or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
● Use of our Services to disseminate any type of computer viruses, worms, defects, trojan horses or other items of a destructive nature.
● Undertake any action that will or may cause an unreasonable load on Faimily AI’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from Faimily AI.
● Otherwise reverse engineer, decompile or extract the proprietary code of the App and our Services.
Content Moderation.
Our Services may incorporate interactive public discussion forums, chat groups, bulletin boards, review services or other types of forums in which you or other users may post user generated content (e.g. questions, messages). We reserve the right (but not the obligation) to monitor disputes between you and other of our users, but not with suppliers.
The Internet is not an anonymous means of communications, thus we cannot guarantee the confidentiality of any user generated content that you provide to us via the Services. Each piece of user generated content that you post is intended for review by other Faimily AI users and content that you share with us will result in such content being made publicly available for users in our App.
Faimily AI has the right, but not the obligation, to monitor any user activity and ‘user generated content’ (e.g. posts, feedback, comments, questions and other content) within the App in order to determine compliance thereof, and to edit, refuse to post or remove any material or content submitted to or posted on our Services that we find to be in violation of our Terms, Policy or that is otherwise objectionable.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Faimily AI and our Services.
No Spam Policy.
We reserve the right to screen any user generated content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. In compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, we will not tolerate, and we will not allow others to undertake though our Services or Faimily AI, any and all massive delivery of unsolicited bulk communications to our users or to any third party.
Any commercial electronic communication that you receive from us, our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our commercial communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
Newsletter, Opt-out.
The App may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletter, you may receive information according to your user preferences. As our user, you will receive a conspicuous communication indicating your subscription thereof, and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.
Any commercial electronic communication that you receive from us our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our commercial communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
User Licenses.
Limited License. Faimily AI grants you a limited, non-exclusive, revocable, royalty free and non-transferable license to utilize and access the App and the Services. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the Services, in whole or in part. Faimily AI does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded Services and computer applications, in whole or in part.
User Generated Content License. You hereby grant Faimily AI (and the App Stores) an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any user generated content you may upload, disseminate, deliver, create or transfer any post, original audio file, message, chat, files uploaded, data inputted, image, graphic or files; or otherwise any content delivered to Faimily AI via the App or the Services. You represent and warrant to Faimily AI that you have all rights, authorizations or otherwise hold sufficient title for any and all user generated content submitted to Faimily AI as set forth herein. The aforesaid license includes the right to use, host, store, reproduce, technically modify, adapt, adjust, communicate, publish, publicly perform, publicly display and distribute any such user generated content by Faimily AI.
Feedback License. You hereby grant Faimily AI an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to Faimily AI regarding the App and Services.
Intellectual Proprietary Rights.
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on Faimily AI and the Services are the property of or otherwise are licensed to Faimily AI and its licensors and affiliates, whether acknowledged (or not), and which are protected under intellectual property laws, including copyright laws and treaties and other jurisdictions throughout the world.
Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in the Faimily AI or our Services, in whole or in part. In addition, We retain all rights to aggregated anonymous data derived from your use of the Service, with the understanding that such data will not be identifiable as belonging to or emanating from you nor will such data contain information that directly or indirectly identifies you or any other person (natural or otherwise).
For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States and other applicable jurisdictions.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in Faimily AI and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
Digital Millennium Copyright Act (‘DMCA’) Notice.
In compliance with the DMCA, we inform you that Faimily AI is the Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing. For more information, including detailed information about how to submit a request for takedown if you believe content on Faimily AI infringes your intellectual property rights, please contact us. You can review the current DMCA text at the U.S. Copyright Office website.
Faimily AI takes copyright infringement matters seriously, and is ready to remove any allegedly or factually infringing content displayed on the Faimily AI upon due notice and request by the title holder.
The following procedure will apply for any content displayed through the Faimily AI that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with the email subject: "Takedown Request". Once received, Faimily AI will study and consider your claim and, if it believes or has reason to believe any content on the Faimily AI infringes on another’s copyright, Faimily AI may delete it, disable or otherwise stop displaying it.
Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
Our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a DMCA Takedown Notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a Counter Claim Notice, under Sections 512(g)(2), and (3) of the DMCA.
To file a Counter Claim Notice, please contact our Designated Agent indicated above, in writing, and with a Counter Claim Notice containing the following information, at a minimum: (i) express identification of the content that we may have or have removed from our Faimily AI and section or domain it was displayed; (ii) contact information, such as your address and your email address; (iii) a signature and identification of the title holder and/or the person authorized to act; and (iv) a statement indicating that you swear, under penalty of perjury, that you have a good faith belief that the information provided in the Counter Claim Notice is true and accurate.
Third-party Websites and Content.
From time to time, Faimily AI and the Services may contain hyperlinks to other websites. These links are for the personal convenience of our users and to provide them with further information which may be of interest to them. The provision of such links does not imply any endorsement of such third-party websites (or their products and services). Please review the applicable terms and policies of such websites, including their privacy and data collection practices.
We may place ads and promotions from third-party sources on Faimily AI. Accordingly, your participation or undertakings in promotions of third-parties other than Faimily AI, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third-party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Faimily AI.
Removal of Links from Faimily AI.
If you find any link on Faimily AI that is offensive for any reason, you are free to contact and inform us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.
You acknowledge and agree that we shall not be required to actively monitor nor exercise any editorial control whatsoever over any piece, item, message or material or information created, obtained or accessible through the Services or Faimily AI. Each visitor or user is solely responsible for the contents of his or her communications and may be held legally liable or accountable for the content of his or her comments or other material or information.
User Technical Resources.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, your user account, passwords (including but not limited to administrative and user passwords) and files and accounts of your authorized user teams, and for all uses of your Faimily AI account or the Equipment with or without your knowledge or consent.
Accordingly, you agree that: (i) Faimily AI cannot be held liable for any failures in the operation of the interface or integration resulting from acts or omissions by you or the third party providing the Equipment; (ii) Faimily AI shall have no liability or obligation whatsoever to you in relation to the content on or use of, or correspondence with any third party website or service made available via the Services.
If an issue arises with regard to the effective operation of an interface or integration to a third party Equipment provider or system, Faimily AI will use its commercially reasonable efforts to resolve the issue.
No Endorsement.
The images, texts, posts, information, photographs and other content and media displayed on or through the App and our Services are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope. Some or all of the images shown in the App are licensed and/or purchased stock photos, and are only shown for illustration purposes. Some or all of the content displayed in the App is delivered by external third parties, and does not reflect Faimily AI’s opinions, nor do Faimily AI, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.
You acknowledge and agree that Faimily AI shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any material or information created, obtained or accessible through the Services or App. Each registered user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
Changes to the Services.
Faimily AI reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the App and the Services, at any time and without notice. Any changes will be displayed on the App, and we may also notify you by email. As a general rule, we will try to not diminish the functionalities available to your Service tier, and in the case of increased or newly available functionalities, we will inform you before their activation, including the timeframe to accept new payment terms.
Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
User Privacy.
By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
Disclaimer of Warranty.
To the fullest extent permissible under applicable law, Faimily AI and the Services are provided to you “as is,” with “all faults” and “as available,” without warranty of any kind. Faimily AI, and its affiliates, clients, agents, officers, licensors and/or distributors do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment, peaceful enjoyment, and any warranties emanating out of course of dealing or trade usage.
Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
Faimily AI expressly disclaims any representation or warranty that Faimily AI complies with all applicable laws and regulations outside the United States. If you make use of Faimily AI outside of the United States, you expressly fully comprehend and consent that it is your responsibility to determine compliance with variant laws, regulations, or customs that may apply in connection with your use of Faimily AI.
No Damages.
In no event shall Faimily AI, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of Faimily AI or the Services including, but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, business glitch, defamation, or loss of data (notwithstanding that we might have been advised of the possibility of such damages or such damages are foreseeable); whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Faimily AI, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages; emanating from or connected, in any way, with your use of, or inability to use Faimily AI. Your singular redress for dissatisfaction with Faimily AI is your prompt withdrawal from using Faimily AI.
Limitation of Liability.
If a user suffers loss or damage as a result of Faimily AI’s negligence or failure to comply with these Terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the amount paid to you by us for your use of the Services in the six month period immediately preceding the events giving rise to the claim.
These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
General Terms.
Assignment. These Terms will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated Faimily AI and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of Faimily AI’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Entire Agreement. These Terms constitute the complete and exclusive statement of the agreement between the Parties with respect to the subject matter of these Terms, and these Terms supersede any and all prior oral or written communications, proposals, representations, and agreements. The Terms may be amended only by mutual agreement expressed in writing and signed by both parties, and any attempted amendment in violation of this section shall be void.
Equitable remedies. You hereby acknowledge and agree that if these Terms are not specifically enforced, Faimily AI will be irreparably damaged, and therefore you agree that Faimily AI shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Force Majeure. Faimily AI is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Faimily AI’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Interpretation. In understanding or interpreting the terms of these Terms: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting these Terms.
Language. These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
No Embargo. You hereby represent and warrant that: (i) you are not located in a country that is subject to an international government’s embargo, or that has been designated by any nation’s government as a “terrorist supporting” country; and (ii) you are not listed on any government’s list of prohibited or restricted parties or activities.
No Waiver. Failure by Faimily AI to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. You and Faimily AI are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Notices. All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
Applicable Law. You agree to submit to the applicable laws in Georgia, which will govern these Terms and any claim, without regard to conflict of law provisions.
Forum. For the application of this arbitration agreement, and of other matters appertaining these Terms, the parties hereto agree to submit to the personal jurisdiction of the courts located in City of Batumi, Adjara, Georgia.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.
Contact
If you have any questions or queries about us, the Faimily AI, our Services or these Terms, please contact us as indicate on the App. Note that communications made via email faimilyapp@gmail.com or the “Contact Us” page does not constitute legal notice to the Faimily AI legal entity.
Date of last effective update is 23 march, 2023.