Terms of Service

1. Introduction

These aiphoria Terms of Service (“Terms”) constitute a legally binding agreement between you and aiphoria, Inc., including its affiliates (collectively “aiphoria,” “we,” “us,” or “our”), in relation to your use of the aiphoria services (“aiphoria”). In these Terms, "you" refers both to you as an individual and to the entity you represent. By using aiphoria, you are expressing your agreement to these Terms of Service.

2. Age Requirements

aiphoria is not to be used by anyone under the age of 13. You affirm that you are at least the age of majority in your jurisdiction or, if not, that your parent or legal guardian has consented to these aiphoria Terms of Service and agreed to take responsibility for your use of our services. Chats accessed through aiphoria may generate content that is unsuitable for minors. If you are agreeing to these aiphoria Terms of Service on behalf of another individual or entity, you confirm that you have the legal authority to bind them to these Terms.

3. Your Use of aiphoria

3.1 Use of aiphoria

You are granted a personal, non-exclusive, non-transferable right to use aiphoria and its chats, subject to your compliance with these Terms.

3.2 User Acknowledgments

You acknowledge and agree that:

  • Chats accessed through aiphoria should not be relied upon in emergency situations; chats may claim to perform real-world actions but may not have taken any action beyond responding to you;
  • Chats accessed through aiphoria may produce inaccurate information, and any information provided may be outdated. You should independently verify any responses or advice provided by any chats on aiphoria. aiphoria does not guarantee the accuracy of information provided through its service;
  • aiphoria and its chats are subject to changes and alterations, and may contain errors, design flaws, or other issues;
  • Use of aiphoria or its chats may lead to unexpected outcomes, data loss, or other unforeseen damage;
  • aiphoria and its chats may not function correctly, be in their final form, or be fully operational; access to aiphoria and the chats is not guaranteed, and they are provided on an AS IS basis;

3.3 Restricted Uses

You agree not to:

  • Infringe on the rights of others or violate any laws;
  • Breach these Terms, our policies, or policies of third-party providers powering the chats on aiphoria;
  • Reverse engineer, decompile, or otherwise attempt to discover the source code or underlying components of aiphoria, the chats, or their technologies;
  • Misuse, harm, or disrupt aiphoria, the chats, or their technologies, such as by introducing malware or circumventing security measures;
  • Use aiphoria or the chats in an automated way, such as exceeding any usage limits we may set;
  • Use aiphoria or the chats to develop competing products, services, or technologies;
  • Extract data from aiphoria or the chats, except as permitted by these Terms;
  • Claim that Chat-Generated Content is human-generated.

3.4 Feedback

We welcome and encourage your feedback and suggestions for improving aiphoria or the chats. By submitting feedback, you grant us the right to use, copy, disclose, create derivative works from, display, and publish the feedback in any manner, without compensation to you. Please direct your feedback to us at team@aiphoria.world.

4. Your Content

4.1 Your Content

aiphoria may allow you to ask questions, create bookmarks, vote, post, or share chat conversations within or outside of aiphoria. Any material you upload, publish, or display on aiphoria, and any results you receive from chats in response to your prompts or inputs (“Chat-Generated Content”), will be considered “Your Content.” Content received by other users from chats on aiphoria that is similar or identical to yours is not Your Content.

4.2 Your Chats

aiphoria may permit you to create your own chats powered by third-party LLMs and from other AI model providers, or add your chat to the aiphoria platform for user interaction (“Your Chats”). Your Chats will be linked to your aiphoria profile. You are under no obligation to create a chat, but if you do, you must ensure that it complies with the law and these Terms, including our policies and those of any third-party LLMs and other AI model providers powering your chat. aiphoria may remove your chat at its discretion if it violates these Terms, our policies, the policies of third-party LLMs and other AI model providers powering your chat, or applicable laws. aiphoria is not responsible for your chats, their content, or their use by others. If you use our APIs to connect Your Chats to aiphoria, the aiphoria API Terms apply. If you participate in the Creator Monetization Program, the program terms will apply.

4.3 Ownership

You retain ownership of Your Content, subject to the non-exclusive rights granted herein.

4.4 Your Responsibility

You acknowledge that chats accessible via aiphoria respond based on knowledge from various sources and that aiphoria does not create or generate Chat-Generated Content. aiphoria provides access to several underlying technologies, including LLMs and other AI models from third-party providers. You agree that you are responsible for Your Content and Your Chats, ensuring they comply with applicable laws, these Terms, our policies, and those of any third-party LLMs and other AI model providers powering chats within aiphoria. We reserve the right to block, remove, or permanently delete Your Content or Your Chats if they breach these Terms, our policies, third-party LLM policies, applicable laws, or if they pose risks to aiphoria or negatively impact other users' experiences.

4.5 Our Use of Your Content

We may use Your Content and Your Chats to provide and improve aiphoria, including:

  • Providing your questions and prompts to third-party LLMs and other AI model providers to generate responses;
  • Displaying Your Content to others if you use the sharing features in aiphoria;
  • Making Your Chats available for others to use and interact with within aiphoria;
  • Promoting your shared content or Your Chats to others;
  • Understanding your use of aiphoria to improve our services generally;

5. Termination

You may discontinue your use of aiphoria or terminate these Terms at any time for any reason by deleting your account. We may terminate your access to aiphoria and/or these Terms at any time for any reason. Data collected prior to termination may continue to be used in accordance with these Terms. The following provisions will survive the termination of these Terms: Section 3.4 (Feedback), Section 4 (Your Content), this Section 5 (Termination), Section 7 (Disclaimers and Limitation of Liability), and Section 8 (General).

6. Privacy

In line with the aiphoria Privacy Policy, we may collect specific personal information in connection with your use of aiphoria, which could include your contact details and other relevant data. Third parties may receive information about your interactions with chats on aiphoria, such as the content of your chats, your profile name, email, and any upvotes, to deliver responses and enhance services overall. It is unnecessary to share sensitive personal details with chats, such as credit card numbers or social security information. For further information regarding third-party providers, please refer to the individual chat profiles. For comprehensive details about aiphoria's privacy practices, please consult the aiphoria Privacy Policy.

7. Disclaimers and Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF AIPHORIA ENTITIES TO YOU. “AIPHORIA ENTITIES” MEANS AIPHORIA, INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

WE ARE PROVIDING YOU THE AIPHORIA PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AIPHORIA ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

AIPHORIA MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE AIPHORIA PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE AIPHORIA PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. AIPHORIA MAKES NO WARRANTY THAT: (a) THE AIPHORIA PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE AIPHORIA PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE AIPHORIA PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE AIPHORIA PLATFORM WILL BE SATISFACTORY.

WITHOUT LIMITING THE PRECEDING, AIPHORIA'S MAXIMUM TOTAL LIABILITY TO YOU FOR ANY LOSSES OR DAMAGES INCURRED AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE AIPHORIA SERVICES OR THESE TERMS IS RESTRICTED TO THE AMOUNT YOU HAVE PAID TO AIPHORIA IN THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES THAT GAVE RISE TO THE CLAIM.

THE CONTINUOUS AVAILABILITY OF ANY CHATS, FEATURES, OR SERVICES PROVIDED BY AIPHORIA CANNOT BE GUARANTEED. AS WE PROGRESS IN DEVELOPING NEW FEATURES, ADDING CHATS, AND ENHANCING AIPHORIA, WE MAY, WITHOUT PRIOR NOTICE TO YOU, INTRODUCE OR REMOVE FEATURES OR CHATS, OR LIMIT THE USE OR AVAILABILITY OF FEATURES OR CHATS EITHER COMPLETELY OR IN SPECIFIC LOCATIONS OR FOR CERTAIN USERS IF THEY POSE A RISK TO AIPHORIA, ITS USERS, THIRD PARTIES THAT POWER THE CHATS, ARE NO LONGER VIABLE FROM A BUSINESS STANDPOINT, OR FOR ANY OTHER REASON AT OUR SOLE DISCRETION. WE ALSO CANNOT ENSURE THAT YOUR USE OF AIPHORIA WILL BE FREE FROM ERRORS, INTERRUPTIONS, OR OUTAGES. AIPHORIA SHALL NOT BE HELD LIABLE FOR ANY SUCH ERRORS, INTERRUPTIONS, OR SERVICE OUTAGES.

8. General

You consent to the agreement that any claims not subject to Arbitration as outlined in Section 7 of the aiphoria Platform Terms of Service shall be settled in a competent court located in Santa Clara County, California, and that the substantive laws of the State of California in the United States of America (excluding its conflicts of law principles) shall govern these Terms and any claims arising from them. These Terms shall be binding and shall accrue to the benefit of both your and our successors, heirs, and permitted assigns.