Terms of Service

1. Introduction

These terms of service (the “Terms”) govern your use of the PocketAI app (the “App”) and any content, services, or features made available through the App, including any updates or upgrades to the App (collectively, the “Services”). By accessing the Services or the Website accessible from mypocketai.com, you are agreeing to be bound by these Terms and Conditions of Use and agree that you are responsible for compliance with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trademark law.

2. Scope of the Services

The Services are provided for entertainment purposes only and are not intended to be used as a substitute for professional advice or guidance. The Services do not constitute medical, legal, financial, or other professional advice and should not be relied upon as such. You should always seek the advice of a qualified professional before making any decisions or taking any actions based on the information provided through the Services.

3. Use of Services

The Services are intended for users 18 years of age or older. If you are under 18 years of age, you are not permitted to use the Services. By accessing or using the Services, you represent and warrant that you are 18 years of age or older.

You agree to use the Services only for lawful purposes and in accordance with these Terms.

You agree not to use the Services in any way that:

1. Violates any applicable laws or regulations.
2. Infringes upon the rights of others.
3. Is fraudulent, deceptive, or misleading.
4. Is harmful to the App, the Services, or the interests of other users.

By using our service, you acknowledge that all content, characters, and people created by our users, including yourself, are the sole responsibility of the user who created them. We are not responsible for any content created by our users, and we do not endorse or affiliate with the likeness of any party depicted in such content. All content created using our service is for entertainment purposes only and does not represent the likeness of any real party or individual.

You retain the rights to any content you create using the Services. By using the Services, you grant us and OpenAI a non-exclusive, royalty-free, worldwide license to use, reproduce, and distribute such content for the purposes of providing, improving, and promoting the Services.

You agree to indemnify and hold us harmless from any claims or damages resulting from content created by you or any other user of our service. You also agree not to use our service to create content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, hateful, or racially, ethnically, or otherwise objectionable. We reserve the right to remove or restrict access to any content that violates these terms or that we deem inappropriate for any other reason, at our sole discretion.

You also agree to receive incoming text messages (SMS), iMessages (MMS), or WhatsApp (WA) messages from the AI chatbot.

4. Subscription and Payment

We offer subscription plans for the Services, which require a monthly fee. All payments are processed through the Stripe payment gateway. By subscribing to our Services, you agree to provide accurate payment information and authorize us to charge your payment method for the subscription fees, including any applicable taxes. Failure to complete payment may result in suspension or termination of the Services.

5. Availability and Access to Third-Party Services

The availability of our Services depends on the accessibility and functionality of third-party services, including OpenAI’s models and API. We do not have control over OpenAI’s servers, system maintenance, or any issues that may arise on their end, which could result in service interruptions or degraded performance. By using our Services, you acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the unavailability or performance issues of OpenAI’s models, API, or any other third-party services on which our Services rely.

In the event of service interruptions, high demand, or any other issues affecting the accessibility of OpenAI’s models and API, we will strive to provide updates and information to our users. However, we cannot guarantee the resolution of these issues, as they are beyond our control. Your continued use of the Services constitutes your acknowledgment and acceptance of this limitation.

6. Modification of the Services

We reserve the right, in our sole discretion, to modify or discontinue the Services, or any portion thereof, at any time, without notice to you. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

7. Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included on the Services. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

8. Limitation of Liability

We will not be liable for any damages of any kind arising from the use of the Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. In no event shall OpenAI or its affiliates, licensors, or suppliers be liable for any damages of any kind arising from your use of the Services or any content, materials, or products provided by OpenAI, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

Responses produced by OpenAI models may be inaccurate and may provide incorrect information about people, places, or facts. We do not guarantee the accuracy, reliability, or completeness of any information provided through the Services.

9. Indemnification

You agree to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, or any provided by Virtual Tech Consultancy Services Ltd, your violation of these Terms, or your violation of any rights of another.

10. Governing Law

These Terms and your use of the Services will be governed by and construed in accordance with the laws of Scotland, United Kingdom, without giving effect to any principles of conflicts of law.

11. Miscallaneous

These Terms constitute the entire agreement between you and us and govern your use of the Services. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

12. Changes to the Terms

We reserve the right, in our sole discretion, to modify or revise these Terms at any time. Any changes to these Terms will be effective immediately upon posting on the App. Your continued use of the Services after the posting of any changes to these Terms constitutes acceptance of those changes.

13. Fee Changes

Virtual Tech Consultancy Services Ltd, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

At any time and without notice, Virtual Tech Consultancy Services Ltd, reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

14. Refunds

We issue refunds for Contracts within seven (7) days of the original purchase of the Contract with the condition that your words usage is less than 3,000 words for any plans.

15. Information about us

Mypocketai.com is operated by Virtual Tech Consultancy Services Ltd, a company incorporated and registered in Scotland, United Kingdom. Our Company registration number is SC759742. You may contact us at support@mypocketai.com.

16. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination of your access, your right to use the Services will immediately cease. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. OpenAI API

The Services use the OpenAI API to access OpenAI’s models, including but not limited to ChatGPT, GPT-3.5, GPT-4-8K, GPT-4-32K, DALL-E 2, and Whisper. Your use of the Services is subject to OpenAI’s terms and conditions, which can be found at OpenAI’s Terms of use.

18. Usage Restrictions for Academic Purposes

The Services may be used to assist you with your exams, coursework, or other academic work. However, using the Services to cheat or violate any academic integrity policies is strictly prohibited. You agree to use the Services responsibly and ethically, and not to submit work created using the Services as your own without proper citation or acknowledgment.

19. Dispute Resolution

Any disputes arising out of or in connection with these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of Scotland, United Kingdom.

20. Contact Us

If you have any questions about these Terms, please contact us at support@mypocketai.com.

21. Copyright Complaints

If you believe that your work has been copied and is accessible on the Services in a way that constitutes copyright infringement, please provide the following information to our Copyright Agent: (a) a description of the copyrighted work that you claim has been infringed; (b) a description of the location on the Services where the allegedly infringing material is located; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent can be reached at support@mypocketai.com.

22. Entire Agreement

These Terms, together with our Privacy Policy, and Content Policy constitute the entire agreement between you and us with respect to your use of the Services, and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and us with respect to the Services. Any rights not expressly granted herein are reserved.

23. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from the remaining provisions, and the invalidity or unenforceability of that provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

24. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms due to any cause beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, civil unrest, strikes, lockouts, or other industrial disturbances, fire, flood, or other natural disasters, embargoes or blockades, legal or governmental restrictions, or the failure or unavailability of public utilities or telecommunications systems or services.

25. Assignment

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.

26. No Third-Party Beneficiaries

Except as expressly provided in these Terms, there are no third-party beneficiaries to this agreement. Nothing in these Terms is intended to confer any rights or remedies on any person other than the parties to these Terms, and their respective successors and permitted assigns.

27. Waiver

No waiver of any provision of these Terms, or any rights or obligations of either party under these Terms, shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.

28. Acknowlegement

By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.