Terms of Service

Welcome to Evoke.ai (the “APP”).

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Welcome to the Terms of Service (referred to as “TOS”) that govern your utilization of the APP owned and operated by Evoke.ai Limited, a duly registered entity in Denmark with its address at Uplandssgade 74, 2300 Copenhagen, and listed in the Danish Business Registry under the number 44010275.

Your access and/or usage of the APP signify your agreement to comply with these TOS. By accessing or using the APP, you acknowledge and consent that your actions constitute acceptance of our TOS along with all other Terms and Policies available on https://evokeai.chat.

If you do not agree with our TOS or any accompanying Terms and Policies, kindly discontinue your use of our APP and refrain from accessing any part of our Services.

Please note that the APP is designated for personal and non-commercial purposes exclusively. You are prohibited from employing the APP for any unlawful or unauthorized activities.

For the purpose of these TOS, the terms “you” and “your” pertain to you as the user of the APP.

1. General

Evoke.chat stands as an online chat platform utilizing artificial intelligence (“AI”) algorithms to generate virtual and fictional characters, referred to as “AI Companions.” Through the APP, users engage in conversations with these AI Companions, with the capability to produce various media forms, including but not limited to images, videos, and voice notes (collectively referred to as the “Services”). Certain aspects of these Services may necessitate the creation of a user account.

To commence, users are required to select an AI character to converse with, considering both physical and personality attributes facilitated by our algorithms.

1.1 Account

Certain segments of the Services provided by the APP may mandate the establishment of a user account, requiring a user’s email and password (referred to as the “Protected Areas”). Upon accessing the Protected Areas, users undertake to utilize only their registered email address and associated password. Account creation or login can be accomplished using the user’s email address.

By creating a user account, you affirm that all information submitted is accurate, and you possess the necessary rights to provide such information. You agree to periodically update your account information (including but not limited to email, payment details, subscriptions, or any relevant supplementary information) to ensure its accuracy and currency. Safeguarding the confidentiality of your user account and refraining from sharing account access or disclosing passwords to third parties are also agreed upon.

You acknowledge full responsibility for all activities conducted under your user account, which is non-transferable and cannot be sold, lent, or shared for commercial or non-commercial purposes with any other individual. Failure to maintain accurate and updated account information, or any violation of these TOS, may result in the suspension or termination of your user account at our discretion.

We retain the right to terminate, restrict, or revoke your access to the APP or associated Services at any time, based on suspected or confirmed violations of these TOS or any other published Terms or Policies on https://evokeai.chat. You agree that we bear no liability for any consequences arising from such actions, including but not limited to denial of APP usage, alterations in third-party service costs or fees, or suspension/termination of your user account.

1.2 Subscription

We reserve the discretion to offer certain Services exclusively to paid subscribers. Upon initiating payment, your subscription will commence as per the fee terms outlined on our website at the time of purchase. You are accountable for all fees, charges, and taxes (if applicable by law) associated with your transaction.

Please be aware that if you subscribe to Services via a third-party distribution platform not endorsed by us, any resultant costs or liabilities are not our responsibility.

1.3 User Safety

At EvokeAI Limited, the safety and security of our users are paramount. We strongly advise exercising caution and refraining from divulging sensitive personal information during conversations with AI Companions. This encompasses financial details, addresses, contact information, or passwords. While we implement security measures to protect user data, we cannot guarantee the security of information exchanged during interactions.

Users bear sole responsibility for safeguarding their personal information and should remain cognizant of potential risks associated with online dialogues. We encourage reporting any instances of suspicious or inappropriate behavior encountered on the platform, as we are dedicated to upholding a safe and respectful environment for all users.

1.4 Warranties

By agreeing to these TOS, you confirm:

a. If entering into these TOS on behalf of another individual, you possess full and proper authorization from said individual, rendering these TOS binding for both you and them.

b. You are of legal age in your domicile jurisdiction to enter into a binding contract with us.

c. If below the legal age in your domicile jurisdiction, you shall refrain from accessing or utilizing our Services.

For users under the legal age, please refer to the Underage Policy document.

2. Underage Policy

Please refer to the Underage Policy document for guidelines and regulations regarding users below the legal age in their respective jurisdictions.

3. Intellectual Property

All intellectual property rights associated with the APP and its embedded materials (including, but not limited to, technology, systems, files, documents, text, photographs, information, images, videos, audios, and software) on evokeai.chat are owned by or licensed to EvokeAI Limited. Users may download or register on evokeai.chat to view, use, and display the APP and its content solely for personal use.

EvokeAI Limited grants users a license for personal use only, which does not entail transfer of title under any circumstances. This license automatically terminates upon violation of any restrictions or these TOS (including any other Terms and Policies published on https://evokeai.chat) and may be terminated by us at any time.

For clarification, all intellectual property rights related to evoke.ai, including AI characters, platform design, logos, and proprietary software or technology, belong solely to EverAI Limited or its licensors. Users are prohibited from reproducing, modifying, distributing, or utilizing any intellectual property without explicit authorization, and unauthorized use may result in legal consequences.

4. Your Content

Users may provide input (“Input”) within the APP and receive output from the Services based on the Input (“Output”). Input and Output collectively constitute “Content.” Input is limited to chats and prompts visible only within users’ private accounts. Users affirm that they possess all necessary rights, licenses, and permissions to provide Input within our APP.

Users retain intellectual property ownership rights over their Input. We do not claim ownership of user Input but require a license to use it. By uploading Input covered by intellectual property rights, users grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, display, translate, or create derivative works of the content in accordance with our Privacy Policy.

The license granted to us can be terminated at any time by deleting the Input or account. However, to the extent that we (or our partners) have used the Input in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued.

Users provide permission to use their username and associated identifying information in accordance with their privacy preferences and our Privacy Policy.

5. Restrictions of Conduct and Content

5.1 Rules and Restrictions

In accessing and using the APP, users agree to adhere to the following rules, restrictions, and limitations:

a. Users will not modify, translate, adapt, or reformat the APP.

b. Users will not decipher, decompile, disassemble, or reverse-engineer the software or materials comprising the APP, except as permitted by applicable local law disclosed in advance in writing to us.

c. Users will not interfere with or circumvent any security feature of the APP.

d. Users will not use the APP to gain unauthorized access to data, systems, or networks.

e. Users will not use the APP in a manner that could disrupt our systems or interfere with other users’ use of the APP.

f. Users will not use the APP in a way that may expose us or others to liability or damages.

g. Users will not use the APP for illegal purposes or to commit offenses.

h. Users will not remove, change, or obscure any copyright or trademark notices in the APP.

i. Users will comply with all applicable laws in their access and use of the APP, including laws of their country or district if residing outside Denmark.

5.2 Content Responsibility

As a user of the APP, you bear sole responsibility for the Output generated by the AI Companions, encompassing text messages, voice messages, images, and videos. AI Companions learn and respond based on the conversations you initiate and the parameters you set. You acknowledge that EvokeAi Limited does not control or endorse the content produced by the AI Companions. Hence, you accept full responsibility for the Output generated by the AI and your actions while utilizing the APP.

You must ensure that your interactions with the AI Companions comply with applicable laws, regulations, and these TOS, refraining from engaging in any illegal, unethical, or harmful activities through the APP.

5.3 Incidences and User Actions

EvokeAi Limited disclaims responsibility for any incitement or actions resulting from interactions between users and AI Companions. As an AI-driven platform, AI Companions simulate human-like conversations based on algorithms and machine learning.

We do not endorse or assume liability for any actions, decisions, or consequences arising from user engagement with AI Companions. Users should exercise judgment and discretion during interactions and refrain from activities that could cause harm or violate applicable laws or regulations.

5.4 Content Moderation

While conversations between users and AI Companions are typically confidential, we have implemented a content moderation filter to ensure compliance with our Terms and Policies. If the moderation filter detects content violating our terms, we reserve the right to manually review flagged content and take appropriate action, including account termination. This measure aims to maintain a respectful and secure environment for all users. We endeavor to balance privacy with community standards and appreciate your cooperation in adhering to our guidelines.

We reserve the right to reject and/or remove any user content violating these provisions at our discretion. To report violations or concerns, please contact us at: support@evokeai.chat or via the “Contact” section in the APP.

6. DMCA Policy

Please refer to the DMCA Policy document for information regarding our Digital Millennium Copyright Act (DMCA) procedures and guidelines.

7. Content Removal Policy

For details regarding our Content Removal Policy, kindly consult the respective document.

8. Blocked Content Policy

To understand our Blocked Content Policy, please review the dedicated document.

9. Payments

Upon reaching the message limit of 5, you’ll be directed to the payment page, where you can select either the monthly or annual subscription plan. Payment can be made via credit card or cryptocurrency.

Upon successful payment, you’ll gain unlimited access to the messaging system and receive 100 tokens per month, allowing access to extended features such as image generation or voice notes.

10. Fulfillment Policy

10.1 Cancellation

You have the flexibility to cancel your subscription at any time. Upon cancellation, your subscription will remain active until the end of the current billing period, and subsequent charges will be waived.

10.2 Access upon Cancellation

After canceling your subscription, you’ll retain access to the platform and its features until the current billing period concludes. Following this, access will be restricted, with the option to resubscribe at any time.

10.3 Modifying Subscription Plans

You can upgrade or downgrade your subscription plan whenever needed. Changes will take effect at the start of the next billing cycle.

10.4 Refund Policy

10.4.1 Subscription Refund

You have 24 hours from payment to request a refund. Requests made beyond this timeframe, or if more than 20 tokens have been used, will be denied. Refunds are applicable only for subscriptions purchased via card.

10.4.2 Token Refund

Similar to subscription refunds, you have 24 hours from payment to request a refund for tokens. However, refunds are not issued if tokens have been used. Token packages purchased via card are eligible for refund.

11. No Guarantee of Accuracy

Acknowledging that content generated on demand may lack accuracy, we emphasize that, as the content is AI-generated, accuracy cannot be guaranteed. Nevertheless, we continually strive to enhance our tool and deliver a qualitative service.

12. Liability

THE APP IS PROVIDED “AS-IS” AND “AS AVAILABLE,” AND USAGE IS AT YOUR SOLE RISK. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

WE DO NOT WARRANT THAT:

A. THE APP (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED;

B. THE APP MEET YOUR REQUIREMENTS; OR

C. THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON OUR WEBSITE, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY RESOURCES LINKED TO OUR WEBSITE

D. ANY ERRORS OR MALFUNCTIONS IN THE APP WILL BE CORRECTED.

12. Liability

We shall not be responsible or liable to you or any third party, whether under contract, warranty, tort (including negligence), strict liability, indemnity, or other theory, for any direct, indirect, special, incidental, consequential, exemplary, liquidated, or punitive damages, including but not limited to loss of profit, revenue, or business, or cost of substitute procurement, arising in whole or in part from your use of (or inability to use) the APP, even if we have been advised of the possibility of such damages. Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from any causes beyond its reasonable control.

13. Links to Third Party Websites and Services

The APP may contain links or grant access to third-party websites and services. However, their presence does not imply endorsement by us, and we do not guarantee their safety or conformity with your expectations. We assume no obligations for any damage, loss, or other impact resulting directly or indirectly from the use of any content, goods, or services available on or through any such third-party websites and services.

It is your responsibility to ensure that anything you select for use or download, whether from the APP or a Third Party APP, is free of items such as viruses, worms, Trojan horses, and other destructive elements. We assume no responsibility, and are not liable, for any transmission or material, or any viral infection of your computer equipment or software, related to your access, use, or browsing of Third Party APPs or Third Party Content. Accessing a Third Party APP is done entirely at your own risk, and you should review the terms of use and privacy policy governing such Third Party APPs.

14. Governing Law and Dispute Resolution

These TOS shall be governed by and construed in accordance with the laws of Denmark, regardless of your location. Any dispute arising out of or in connection with the TOS or any other Terms and Policies shall be referred to and finally resolved by the courts of Denmark.

15. Changes to Terms and Policies Documents

We reserve the right to update or amend these TOS and/or any other Terms and Policies documents at our discretion. We may notify you of changes by making the revised version of these documents accessible through the APP, with changes taking effect immediately. Your continued access or use of the APP after any changes indicates your agreement to such changes.

We also reserve the right to alter the scope of Services and fees applicable to the Services at any time without notice. We may discontinue provision and/or support of the Services without prior notice.

16. Complaint Policy

Please refer to the Complaint Policy document for details on our procedures for addressing complaints.

17. Termination and Assignment

These TOS and/or any other Terms and Policies will remain in effect until terminated by either party. You may terminate these TOS at any time by discontinuing use of the APP. For paid subscribers, fee processing will follow the rules of the payment processor. We may terminate these TOS and your access to the APP, with or without notice, for any reason, including suspected breach of these TOS.

We reserve the right to assign, transfer, or subcontract the Services to third parties, with notice posted on the APP, indicating your consent through continued use or updates.

18. Miscellaneous

If any provision of these TOS or any other Terms and Policies is found to be unlawful or unenforceable, it will not affect the validity and enforceability of remaining provisions. These TOS, together with the Privacy Policy and other published Terms and Policies, constitute the entire agreement between us and you regarding access and use of the APP.

We will collect and process your information and technical data in accordance with the Privacy Policy.

19. U.S.C. 2257 Exemption

Please consult the 18 U.S.C. 2257 Exemption document for relevant information.

20. Key Reminder

All conversations between users and AI Companions on evokeai.chat are fictional and should be treated as such. AI Companions are artificial intelligence characters simulating human-like interactions but lack genuine emotions, intentions, or the ability to fulfill real-world promises. Any elements resembling reality within conversations, such as offers of meetings or tangible outcomes, are fictional and should not be taken seriously. We do not assume responsibility for confusion arising from the fictional nature of AI conversations. Users should remember that AI Companions exist solely within the digital realm of the platform, and any beliefs beyond that are not supported by EvokeAi Limited.