Terms of Service

SimpleChat.app provides an AI-powered chat interface that leverages advanced language models to generate responses to user queries. While we strive to ensure the Service's availability and reliability, we make no guarantees about its continuous, uninterrupted operation or the accuracy, completeness, or reliability of any responses generated through the Service.

AI-Specific Disclaimers:

• AI-generated content may not always be accurate, complete, or up-to-date.
• Responses should not be considered as professional advice (legal, medical, financial, or otherwise).
• We do not guarantee that the Service will meet your requirements or be error-free.
• The Service may be modified, updated, or discontinued at any time without notice.

By submitting content to our Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, store, display, reproduce, modify, create derivative works, and distribute such content for the purpose of providing, improving, and promoting our Service.

You represent and warrant that:

• You own or have the necessary rights to the content you submit.
• Your content does not infringe upon the intellectual property rights, privacy rights, or other rights of any third party.
• Your content complies with all applicable laws and regulations.

We reserve the right to remove any content that violates these Terms or that we find objectionable for any reason.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

To the maximum extent permitted by law, we explicitly disclaim:

• Any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement
• Any warranties regarding the security, reliability, timeliness, accuracy, or performance of the Service
• Any warranties regarding the accuracy, completeness, or reliability of any information or content provided through the Service
• Any warranties that the Service will meet your requirements or be error-free or uninterrupted
• Any warranties that the Service will be compatible with your device or any third-party software or services

No Professional Advice:

The information provided through the Service is for general informational purposes only and does not constitute professional advice. We are not responsible for any decisions made based on the information provided by the Service. Always seek the advice of qualified professionals regarding any questions you may have about a specific situation.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIMPLECHAT.APP, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS
• ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE
• ANY DAMAGES ARISING FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICE
• ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION
• ANY DAMAGES RESULTING FROM THIRD-PARTY SERVICES OR TECHNOLOGIES

AGGREGATE LIABILITY CAP:

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR ONE HUNDRED US DOLLARS (USD $100), WHICHEVER IS GREATER.

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

The Service may integrate with, contain links to, or provide access to third-party services, websites, or content that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party services, information, materials, products, or services.

Your interactions with third-party services are solely between you and the 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 such third parties on the Service.

When you access third-party services, you do so at your own risk. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy policy of each third-party service that you visit or utilize.

We reserve the right to modify, suspend, or discontinue the Service (or any part of it) with or without notice to you at any time and for any reason. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. We may also remove or refuse to distribute any content through the Service, suspend or terminate users, and reclaim usernames without liability to you.

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Mandatory Arbitration:

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in San Francisco, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver:

YOU AND SIMPLECHAT.APP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SimpleChat.app agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Severability:

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

No Waiver:

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SimpleChat.app. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Assignment:

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Entire Agreement:

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and SimpleChat.app regarding your use of and access to the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and SimpleChat.app regarding the Service. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.