Terms of Service

Last updated: December 18, 2024

Welcome to hotchat.ai ! These Terms of Service ("Terms") govern your access to and use of the hotchat.ai services ("Services"). Please read these Terms carefully before using our Services. By accessing or using hotchat.ai, you agree to be bound by these Terms.

Definitions:

For the purposes of these Terms of Service (“TOS”), the following terms shall have the meanings set forth below:

1. "Service"

Refers to the Hotchat application, website, and any associated software, features, functionalities, or content provided by CHATOYANT.AI LTD. (180 E Tasman Drive San Jose, CA, USA), including but not limited to chat interactions, AI-powered services, and related tools.

2. "Hotchat"

Refers to the AI-powered chat-based platform owned and operated by Future Sense Tech Limited, including all intellectual property, trademarks, and related materials.

3. "User"

Refers to any individual who accesses, uses, or interacts with the Service, whether through the Hotchat app, website, or other platforms.

4. "AI Companion"

Refers to the AI-driven fictional characters within the Service designed to interact with Users for conversational, social, or other engagement purposes.

5. "Content"

Refers to any text, images, audio, video, or other materials that are created, shared, transmitted, or otherwise made available through the Service, including but not limited to user-generated content and responses provided by the AI Companion.

6. "Account"

Refers to the profile created by a User to access and utilize the Service, which may include personal information, preferences, and usage history.

7. "Policies"

Refers to any additional terms, guidelines, or rules published by EverAI Limited on its website or within the Service, including but not limited to the Privacy Policy, Community Guidelines, and Cookie Policy.

8. "Third-Party Services"

Refers to any third-party applications, websites, or platforms that may integrate with or be accessible through the Service.

9. "CHATOYANT.AI LTD."

Refers to the company (CHATOYANT.AI LTD.) that owns and operates Hotchat.

10. "Interaction Data"

Refers to any data generated from a User's engagement with the AI Companion or the Service, including but not limited to text exchanges, preferences, and feedback.

If you do not agree with any part of these Terms, please do not use our Services. By using our Services, you agree to these Terms of Service.

1. Our Services

Hotchat.ai is an online chatbot application that allows users to have conversations with fictional characters. The Platform generates written messages, as well as other forms of media including images, which allows you to interact with the AI companions.

1.1. Entertainment Disclaimer

Hotchat.ai is a provider of entertainment-focused software and content designed for creative, engaging, and immersive conversations. It is not intended to provide medical, psychological, legal, or professional advice. Any reliance on the AI’s responses for such purposes is at your own risk.

1.2. Fictional Nature

All characters and interactions provided on Hotchat.ai are fictional and intended solely for entertainment. You acknowledge and agree that any resemblance to real persons, living or dead, is purely coincidental. If you find content that violates this policy, please report it to us at support@hotchat.ai.

1.3. Modifications to the Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Hotchat will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

2. Memberships

2.1 Membership Options

1. 1. Standard Membership (Free):
   • Limited access to messaging and basic features.
   • Does not include premium benefits such as unlimited media generation, customization tools, or priority chat capacity.
2. 2. Hotchat.ai+ (Paid):
   • Premium:
     • Enhanced chat experience with faster responses, media generation, and customization tools.
   • Deluxe:
     • Full access to all the features, including laser-fast chat speeds, maximum memory, and the highest priority.

Full description of hotchat.ai+ features here

2.2 Membership Eligibility

To access and use any membership tier, you must:

1. Be at least 18 years old or the legal age of majority in your jurisdiction.

2. Provide accurate, up-to-date registration information.

3. Not have previously been suspended or banned from Hotchat.ai.

Failure to meet these requirements may result in account suspension or termination.

2.3 Account Registration and Responsibilities

1. 1. Account Creation:
   • Users must register with a valid email address and password.
2. 2. Account Security:
   • You are responsible for safeguarding your account credentials.
   • Any unauthorized use of your account must be reported immediately.
3. 3. Account Sharing Prohibited:
   • Sharing, selling, or transferring your account is strictly prohibited.
4. 4. Account Termination:
   • Hotchat.ai reserves the right to suspend or terminate accounts for violations of these Terms. Termination results in the loss of access to all features, including remaining subscription benefits.

2.4 Upgrading Subscriptions

1. 1. Users may only upgrade from Premium to Deluxe. There is no way to "downgrade" from Deluxe back down to Premium once the user has upgraded.
2. 2. When upgrading to Deluxe:
   • Your existing Premium subscription will be canceled immediately.
   • All remaining credits or benefits from your previous plan will be converted into equivalent HotCoins through a strategy based on the remaining time and remaining credits.
   • A new billing cycle for the Deluxe subscription will begin at the time of the upgrade.

3. Subscription and Payments

3.1 Paid Features

Some features of the Service are available exclusively to paid subscribers. By purchasing a subscription, you gain access to these features according to the pricing and terms presented on the website at the time of purchase.

3.2 Automatic Renewal

All subscriptions are set to renew automatically at the end of the subscription period. The renewal fee will be charged to your payment method unless you cancel the subscription prior to the next billing period.

3.3 Refund Policy

All sales are final. No refunds will be issued under any circumstances.

By using our Service, you acknowledge and agree to the following refund conditions:

• Once payment is processed, it is non-refundable, regardless of the reason, including but not limited to dissatisfaction with the Service, accidental purchases, or technical issues on your end.
• Filing a chargeback will result in the immediate termination of your account and access to the Services.

3.4 Modification and Cancellation

Users can modify or cancel their subscription through the "Account Settings" section of the Service. Changes will take effect at the start of the next billing cycle.

• Users who cancel their Premium Membership will retain access to Premium features until the end of the current billing period.
• After the billing period ends, Users will be downgraded to a Free Membership and lose access to Premium features.

4. User Conduct

4.1 Prohibited Activities

Users must not:

• Attempt to hack, tamper with, reverse-engineer, or exploit vulnerabilities in the Service or its software.
• Circumvent security features, use automated tools like bots or scripts, or disrupt the platform’s functionality.
• Access the Service in a manner that violates applicable laws or regulations, including those related to cybersecurity and privacy.

4.2 User Age Requirements

Users must meet the following criteria to access Hotchat.ai:

• Be at least the legal age of majority in their jurisdiction.
• Users under the age of 18 are strictly prohibited from using the Service.

4.3 Enforcement and Accountability

Violations of these TOS will result in:

• Immediate suspension or termination of the User's Account.
• Reporting to appropriate authorities if the violation involves illegal activities.
• Legal action for any damages caused to the platform or its Users.

5. Warranty, Indemnity, and Liability

5.1 Indemnity and Release

You agree to release, indemnify, and hold Hotchat.ai, CHATOYANT.AI LTD., and their affiliates, officers, employees, directors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses (including reasonable attorneys’ fees), claims, actions, or injuries arising out of or related to:

• Your use of the Service.
• Any content you generate, submit, or share through the Service.
• Your violation of these TOS or the rights of any third party.

You will not be required to indemnify or hold harmless any Indemnitee for damages resulting from their own negligence or misconduct.

5.2 Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. CHATOYANT.AI LTD. expressly disclaims all warranties, whether express, implied, or statutory, including but not limited to:

• Merchantability, fitness for a particular purpose, title, and non-infringement.
• The accuracy, reliability, or availability of the Service.
• That the Service will meet your requirements, or be uninterrupted, timely, secure, or error-free.

5.3 Limitation of Liability

You understand and agree that CHATOYANT.AI LTD. will not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, goodwill, or data, even if advised of such damages. This includes damages resulting from:

• Your use or inability to use the Service.
• Unauthorized access to or alteration of your data.
• Conduct or statements of third parties on the platform.

5.4 Jurisdictional Limitations

Some jurisdictions may not allow certain disclaimers, exclusions, or limitations of liability. In such cases, these provisions will only apply to the extent permitted by law. If you are dissatisfied with any aspect of the Service, your sole remedy is to discontinue its use.

6. Third-Party Websites and Services

The Services may contain links to third-party websites or services that are not owned or controlled by hotchat.ai. hotchat.ai has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that hotchat.ai will 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 use of or reliance on any such content, goods, or services available on or through any such websites or services.

7. Privacy and Data Use

7.1 Consent to Data Collection and Use

By using the Service, you acknowledge and consent to the collection, storage, processing, and use of your data as outlined in our Privacy Policy , which is incorporated into these TOS by reference.

7.2 Types of Data Collected

Data collected may include but is not limited to:

• Account information, such as your email address and username.
• Interaction data generated during your conversations with AI Companions, including text inputs and outputs.
• Usage data, including session times, preferences, and feature usage statistics.

7.3 Purpose of Data Use

Your data may be used to:

• Improve and personalize the Service, including tailoring AI Companion interactions to your preferences.
• Analyze trends and usage patterns to enhance platform functionality and user experience.
• Develop new features and services.

7.4 Data Sharing

Your data will not be sold or shared with third parties except:

• As required by law or legal processes.
• To trusted service providers or partners who assist in delivering the Service, under strict confidentiality agreements.

7.5 User Responsibilities

Users are responsible for protecting their account credentials and should avoid sharing sensitive personal information in conversations with AI Companions.

8. Intellectual Property

8.1 Ownership of Intellectual Property

All intellectual property associated with the Hotchat.ai platform, including but not limited to software, design, content, AI-generated characters, trademarks, and proprietary technology, is the exclusive property of CHATOYANT.AI LTD. or its licensors.

8.2 User License

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes only.

8.3 Restrictions

You agree not to:

• Copy, modify, distribute, or create derivative works of any part of the Service.
• Reverse-engineer, decompile, or disassemble the software or proprietary elements of the platform.
• Use the Service in any way that infringes upon the intellectual property rights of CHATOYANT.AI LTD. or any third party.

8.4 Termination of License

This license is automatically terminated if you violate these TOS or engage in prohibited activities. Upon termination, you must cease all use of the Service and destroy any copies of materials obtained through it.

8.5 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide related to the Service may be used by CHATOYANT.AI LTD. without obligation or compensation to you.

9. Contact Us

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

CHATOYANT.AI LTD.

180 E Tasman Drive San Jose, CA, USA