Terms & ConditionsBEFORE USING THE APPLICATION YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY AND BY USING THE SITE AND/OR THE APPLICATION YOU AGREE TO ACCEPT THEM. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE AND THE APPLICATION.Last updated: June 19, 2024These Terms of Service (“Terms”) govern your use of Flamify AI (ALLIE LTD) and the application, content, and Service (collectively as “Service”, “us”, “we”, or “our”) offered through our mobile app Flamify AI for Android and Flamify AI for iOS (the “Apps”) and our website flamify.ai and its subdomains (the “Website”),You can contact us by email at support@flamify.ai or by mail to Emmanouil Roidi 44, KIRZIS CENTER, BLOCK A, 1st floor, Flat/Office A11 311, Limassol, Cyprus.1. OUR SERVICES1.1. Flamify AI provides a service that enables you to chat with an AI-powered chatbot using text, photos and voice messages. The chatbot is a software program designed to respond to your messages.1.2. You acknowledge that you are communicating with software, and we cannot continuously monitor its activities. You agree that our liability for the actions of this software is limited, as outlined in clauses 1.3, 1.4, 1.5, 1.6, 8, 9.1, 9.2, and 9.3 of these Terms. We are only responsible for any violations of user rights and our failure to meet the obligations set forth in these Terms. If you choose to act on the advice provided by the Service, you assume the risks and consequences of such actions.1.3. If you believe the Service's responses are offensive, you can report this by emailing us at support@flamify.ai. After receiving your report, you will be notified via email that your report is under review.1.4. You acknowledge that the communication via the chatbot belongs to software.1.5. Flamify AI is not a provider of healthcare or medical services, nor does it offer medical care, mental health services, or any other professional services. Only your doctor, therapist, or other qualified specialists can provide such care. Flamify AI MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THE SERVICE PROVIDES THERAPEUTIC, MEDICAL, OR OTHER PROFESSIONAL HELP.1.6. Please do not use our Service in emergency situations. If you believe you are experiencing a medical or mental health emergency, please call an ambulance or contact a doctor or therapist immediately. We are not liable for any mental health disorders, suicidal tendencies, or any other health-related issues of users.2. USE OF SERVICE2.1. You may use our Apps or Website globally (except in regions where usage is restricted by authorities and/or Flamify AI), but you must comply with the laws of the country in which you are using our Apps or Website. You are solely responsible for ensuring that your use of the Apps or Website complies with the relevant laws.2.2. By using our Apps, you confirm that you are at least 18 years old (or the age of majority in each jurisdiction where you access this Website) and that the information you provide is accurate, complete, and up to date. Providing inaccurate, incomplete, or outdated information may result in the immediate termination of your account.2.3. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and will abide by them. You may not authorize others to use your account, nor can you assign or transfer your account to any other person or entity. You agree to notify the Service immediately of any unauthorized use of your password or account or any security breach.2.4. Your User Content must not violate any applicable laws or regulations, encourage such violations, or infringe on the rights of third parties, including but not limited to Intellectual Property Rights and privacy rights.2.5. To access our Service via your smartphone or other device, your device must meet certain system requirements. These can be found on the Website, in the Apple iTunes Store, or the Google Play Store.2.6. Registration Obligations. You may be required to fill out a registration form to access certain features of the Services. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information as prompted by the registration form. Registration data and other personal information are subject to our Privacy Policy.2.7. It is your responsibility to be aware of and regularly review these Terms for any changes. Flamify AI will not be liable for any neglect of your legal rights. You are allowed to have only one account with the Service.3. SUBSCRIPTION AND PAID SERVICESBilling and Renewal3.1 Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.Cancellation3.2 You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at support@flamify.ai.3.3 We may, at our sole discretion, modify the subscription fees at any time. Any changes to the subscription fees will take effect at the end of the current subscription period. We will provide you with reasonable prior notice of any changes to the subscription fees, allowing you the opportunity to terminate your subscription before the change takes effect. Your continued use of the Service after the subscription fee change is implemented signifies your agreement to pay the adjusted subscription fee amount.4. REFUND POLICY4.1. If you purchase a subscription through the Apple iTunes Store or Google Play Store, the sale is final, and we do not offer refunds. Your purchase will be subject to Apple’s or Google’s applicable payment policies, which may also not allow for refunds. However, in certain limited circumstances, we may provide a refund if an error has occurred on our part or if there is a technical issue with the service.4.2. You are not entitled to claim refunds for any partial subscription periods.Please note that the 14-day refund policy for EU residents does not apply to access provided for the digital product.5. COMMUNICATION & OFFERSBy agreeing to become a User, you consent to receive occasional notifications about special offers, marketing, surveys, and communications related to our Services. These notifications may include push notifications, reminders, invitations, suggestions, descriptions of existing or future services, important updates, and marketing or promotional content.6. CONDITIONS OF USE7.1. User ConductYou agree to adhere to the following conditions while using the Service. You are solely responsible for all content—including code, videos, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials—that you upload, post, publish, display (hereinafter referred to as “upload”), email, or otherwise use through the Service.The following are examples of content and/or activities that are illegal or prohibited by Flamify AI. We reserve the right, at our sole discretion, to investigate and take appropriate legal action against anyone who violates this provision. This may include, but is not limited to, removing the offending content from the Service, suspending or terminating the account of the violator, and reporting such actions to law enforcement authorities.You agree to not use the Service to:- You must not upload any content that: (i) infringes on the intellectual property or other proprietary rights of any party; (ii) you do not have the right to upload under any applicable laws or under any contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs intended to disrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (iv) poses or creates a privacy or security risk to any individual; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, racially, ethnically, or otherwise objectionable; or (vii) is deemed objectionable by Flamify AI in its sole judgment, or which restricts or inhibits others from using or enjoying the Service, or which may expose Flamify AI or its users to any form of harm or liability.
- Interfere with or disrupt the Service and/or servers and/or networks connected to the Service, and/or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; and/or
- Breach any applicable local, state, national, or international law, these Terms or our Privacy Policy, or any regulations having the force of law;
- Violate any applicable local, state, national or international law, or any regulations having the force of law;
- Try to get around any technological measure designed to protect the Service or any technology associated with the Service;
- You must not reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any part of the Service's source code (unless a portion of the code contained within the Service is released as open source and the governing open source license expressly permits reverse engineering, copying, or other modifications).
7.2 All Users and Visitors acknowledge and agree that Flamify AI is not obligated to verify and, therefore, cannot be held responsible for any actions or inactions of Users related to the Site or the Application and/or their compliance with applicable laws. Flamify AI is not responsible for any Visitors/Users behavior while using the Site or the Application.7.3 Users are responsible for maintaining the confidentiality of their password and account, if applicable, and are fully responsible for all activities that occur under their password or account. You agree to (a) promptly notify Flamify AI of any unauthorized use of your password or account or any other security breach, and (b) ensure that you log out of your account at the end of each session when accessing the Services. Flamify AI will not be liable for any loss or damage resulting from your failure to comply with this paragraph.Flamify AI is not responsible for any behavior of Visitors or Users while using the Site or the Application.7.4 Data Usage for Model Training. You acknowledge and agree that during your interactions with AI chatbots, anonymous data generated from these interactions may be collected and used to improve and train Flamify AI models.You expressly consent to this data usage and understand that it will not include personally identifiable information. You further acknowledge and agree that you have no claim or ownership over the data collected for these purposes, and you waive any rights or claims related to the use of your anonymous data for model training.7. INTELLECTUAL PROPERTY RIGHTS7.1 Our intellectual propertyWe are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.7.2 Your use of our ServicesSubject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to:- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use or internal business purpose.Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@flamify.ai. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediatelyA written notification of claimed copyright infringement should be mailed to:Emmanouil Roidi 44, KIRZIS CENTER, BLOCK A, 1st floor, Flat/Office A11 311, Limassol, Cyprussupport@flamify.aiUpon receipt of a notification, the Company will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged content from the Service.8. NETWORKING SERVICEYou may enable, connect, or log in to the Service using your email, Apple or Google accounts (“Networking Service”). To utilize these features and capabilities effectively, we may require you to authenticate, register, or log into the Networking Services on their respective provider websites. However, please remember that the usage, storage, and disclosure of your information by these Networking Services are governed solely by the policies of those third parties. Flamify AI shall not be liable or responsible for the privacy practices or any actions of any third-party sites or services that may be integrated within the Service.9. LIMITATION OF LIABILITY9.1. You understand that you are interacting with software that sends you messages based on the triggers you provide. The content you receive from Flamify AI is user-generated and processed by the Service according to the terms outlined in these Terms. Therefore, by using the Service, you may encounter content that you find offensive, indecent, incorrect, or objectionable. You agree that under no circumstances will the Company be liable for any content, including any errors or omissions in that content, or any loss or damage of any kind incurred as a result of your use of any content.9.2. We reserve the right, but not the obligation, to determine, at our sole discretion, whether any content is appropriate and complies with these Terms, and to refuse or remove such content. We further reserve the right to format, edit, and change the manner in which any content is presented. Additionally, we may limit or revoke your access to the Service if you post objectionable content. As we cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk.9.3. Except in jurisdictions where such provisions are restricted, neither we nor our directors or employees shall be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, or the cost of procuring substitute services or service interruptions, even if we have been advised of the possibility of such damages 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; or (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory. Notwithstanding anything to the contrary herein, our liability to you for any cause, regardless of the form of action, will at all times be limited to the amount you have paid, if any, for the Service during the term of your account.10. DISCLAIMERTHE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.11. DISPUTE RESOLUTION11.1 Informal NegotiationsTo expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.11.2 Binding ArbitrationAny dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be NICOSIA, Cyprus. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Cyprus.11.3 RestrictionsThe Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.11.4 Exceptions to Informal Negotiations and ArbitrationThe Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.12. PRIVACY POLICYWe care about data privacy and security. Please review our Privacy Policy: https://flamify.ai/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Germany. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Germany, then through your continued use of the Services, you are transferring your data to Germany, and you expressly consent to have your data transferred to and processed in Germany.13. TERM AND TERMINATIONThese Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.14. GOVERNING LAWThese Legal Terms are governed by and interpreted following the laws of Cyprus, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Flamify (ALLIE LTD) and yourself both agree to submit to the non-exclusive jurisdiction of the courts of nicosia, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Cyprus, or in the EU country in which you reside.15. CORRECTIONSThere may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.16. INDEMNIFICATIONYou agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.18. MISCELLANEOUSThese Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.19. Contact UsIf you have any questions, contact us at:Email: support@flamify.ai