Terms of Service

Last updated: 12-03-2023

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the MiniApps AI platform (the "Service") operated by MINIAPPS.AI ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

1. User-Generated Content

Our Service allows you to create, post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User-Generated Content"). You are responsible for the content that you create, including its legality, reliability, and appropriateness.

By creating User-Generated Content on or through the Service, you represent and warrant that:

The User-Generated Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms.
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User-Generated Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

You retain any and all of your rights to any User-Generated Content you create, and you are solely responsible for protecting those rights. We take no responsibility and assume no liability for User-Generated Content you or any third party creates, stores, or shares through the Service. However, by creating User-Generated Content using the Service, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your User-Generated Content. You agree that this license includes the right for us to make your User-Generated Content available to other users of the Service, who may also use your User-Generated Content subject to these Terms.

2. Content Review and Removal

We reserve the right, but are not obligated, to review and remove any User-Generated Content at our sole discretion, without notice, for any reason whatsoever, including but not limited to, User-Generated Content that violates these Terms, is illegal, infringes upon the rights of others, or is otherwise objectionable.

3. Prohibited Uses

You agree not to use the Service:

To create, store, or share any User-Generated Content that violates any applicable law, regulation, or these Terms.
To create, store, or share any User-Generated Content that infringes upon the rights of others, including but not limited to any intellectual property rights, privacy rights, or rights of publicity.
To create, store, or share any User-Generated Content that is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.

4. Limitation of Liability

In no event shall MINIAPPS.AI,nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

5. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

6. Indemnification

You agree to defend, indemnify and hold harmless MINIAPPS.AI and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

7. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

8. Governing Law

These Terms shall be governed and construed in accordance with the laws of Ciudad Autonoma de Buenos Aires, Argentina, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

9. AI-Generated Content Disclaimer

9.1 AI Content Creation: The Service utilizes advanced artificial intelligence (AI), including but not limited to third-party Large Language Models (LLMs), to generate content ("AI-Generated Content") in response to user inputs. This AI-Generated Content may include, without limitation, text, graphics, and other materials.

9.2 No Endorsement or Guarantee: You acknowledge and agree that AI-Generated Content is provided "as is" and "as available", with all faults, and without warranty of any kind. MINIAPPS.AI does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any AI-Generated Content created via the Service. The understanding that some information may be inaccurate or considered as fake is crucial. You use all AI-Generated Content at your own risk.

9.3 Limitation of Liability for AI-Generated Content: To the fullest extent permitted by applicable law, MINIAPPS.AI expressly disclaims all liability for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data or goodwill, service interruption, computer damage or system failure in connection with your use or reliance on AI-Generated Content. MINIAPPS.AI has no duty to update or modify any AI-Generated Content and assumes no responsibility for errors or omissions in the content provided by the Service.

9.4 Content Review: While MINIAPPS.AI reserves the right to review and monitor AI-Generated Content to ensure compliance with these Terms and applicable laws and regulations, we are under no obligation to do so. We reserve the right at our sole discretion to remove or edit any AI-Generated Content that we determine violates these Terms, without notice at any time.

9.5 User Responsibility: Users are solely responsible for their creation and use of AI-Generated Content via the Service. Users must ensure that their use of AI-Generated Content complies with these Terms and all applicable laws and regulations. Users are advised to exercise caution and discretion when sharing AI-Generated Content with others.

9.6 Indemnification: You agree to indemnify and hold harmless MINIAPPS.AI and its directors, officers, employees, contractors, agents, licensors, suppliers, successors, and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your use of AI-Generated Content or breach of this section.

10. Copyright Policy and DMCA Compliance

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, MINIAPPS.AI has adopted a policy of terminating, in appropriate circumstances and at MINIAPPS.AI's sole discretion, users who are deemed to be repeat infringers. MINIAPPS.AI may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

DMCA Notice and Takedown Procedure: If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Service, please notify MINIAPPS.AI's copyright agent as set forth in the U.S. Copyright Office Guidelines. Notifications should include:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent in a manner stipulated by law. MINIAPPS.AI will respond to all such notices and comply with applicable laws accordingly. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, MINIAPPS.AI will also terminate a user’s account if they are determined to be a repeat infringer.

Counter-Notice: If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in question, you may send a counter-notice containing your arguments to our designated agent. Following receipt of a counter-notice, MINIAPPS.AI will make a good faith attempt to restore the removed content if it determines that removal was a mistake or misidentification.

Please consult your legal advisor before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

Contact Us

If you have any questions about these Terms, please contact us at [email protected].