Terms of Service for FRENDi

  1. Introduction FRENDi is a mobile application that provides users with access to various chatbots powered by OpenAI's ChatGPT technology. By using FRENDi, users can interact with different chatbots for various purposes.

  2. Acceptance of Terms By accessing and using FRENDi, you agree to be bound by these Terms of Service, along with any applicable laws and regulations. If you do not agree with any part of these terms, you must discontinue your use of the application.

  3. Age Restriction To use FRENDi, you must be at least 18 years old. By using the application, you confirm that you meet this age requirement.

  4. Third-Party Services Our application relies entirely on OpenAI's ChatGPT technology. By using FRENDi, you also agree to comply with OpenAI's terms and conditions, which can be found here: Terms of use

  5. Copyright and Distribution Restrictions All content, features, and functionality within FRENDi are owned by Teemu Sormunen (teemu.sormunen@frendi.tech) or its licensors and are protected by copyright, trademark, and other intellectual property laws. Unauthorized copying, modification, distribution, or use of the application is strictly prohibited.

  6. Payment Terms and Changes in Fees

    (a) Right to Change Fees: Teemu Sormunen, as the owner of FRENDi, reserves the right, at its sole discretion, to change, modify, or introduce new fees for the services provided through FRENDi at any time, with or without prior notice. Users will be informed of any changes to the fees and will have the option to continue using the services under the new fee structure or discontinue their use.

    (b) Free-Tier Account Limitation: Users are allowed to have only one free-tier account per person. Any attempt to create multiple free-tier accounts by a single user may result in the suspension or termination of all associated accounts at the discretion of Teemu Sormunen (owner of FRENDi).

    (c) Refunds Upon Termination of Service: In the event that Teemu Sormunen (owner of FRENDi) terminates the services provided through FRENDi, users with paid subscriptions will receive a pro-rated refund for any unused portion of the ongoing billing month. No new fees will be billed following the termination of the service.

    By using FRENDi, users acknowledge and agree to these payment terms and conditions.

  7. Termination We may, at our sole discretion, terminate or suspend your access to FRENDi for any reason, including, but not limited to, violation of these Terms of Service.

  8. Content and Responsibility (a) No Responsibility for Chatbot Content: Teemu Sormunen does not take any responsibility for the content generated by the chatbots within FRENDi. The chatbot responses are provided by OpenAI's ChatGPT technology, and we do not endorse, guarantee, or assume any liability for the accuracy, completeness, reliability, or usefulness of the information provided by the chatbots.

    (b) No Warranty for Information Accuracy: Teemu Sormunen does not warrant that the information or guidance provided by the chatbots is accurate, complete, or up-to-date. Users should not rely solely on the chatbot-generated content for making decisions or taking actions, and should independently verify any information obtained from the chatbots before acting on it.

    (c) No Liability for Damages: Teemu Sormunen shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use the chatbot-generated content. This includes, without limitation, any damage to users, their property, or any third parties that may arise from using or relying on information or guidance provided by the chatbots within FRENDi.

  9. Modifications, Discontinuation, and Termination of Service

    (a) Right to Modify Application and Chatbots: Teemu Sormunen reserves the right, at its sole discretion, to modify, update, or discontinue the application, the chatbots, or any part of the services provided therein, at any time and without prior notice. Users agree that Teemu Sormunen shall not be liable for any modification, suspension, or discontinuance of the application, the chatbots, or the services provided.

    (b) No Responsibility for Chatbot Memories: Teemu Sormunen does not take any responsibility for the preservation, accuracy, or security of chatbot memories. Users acknowledge and agree that chatbot memories may be lost, altered, or become unrestorable due to technical issues, updates, or other circumstances. Teemu Sormunen shall not be held liable for any damages or losses resulting from the loss or alteration of chatbot memories.

    (c) Right to Terminate Service: Teemu Sormunen reserves the right, at its sole discretion, to terminate the services provided through FRENDi at any time, with or without prior notice. Users agree that Teemu Sormunen shall not be liable for any termination of the services or any consequences arising therefrom.

    By using FRENDi, users acknowledge and agree to these terms regarding modifications, discontinuation, and termination of service.

  10. Indemnity You agree to defend, indemnify, and hold harmless Teemu Sormunen, its affiliates, and its personnel from any claims, losses, and expenses (including attorneys' fees) arising from or relating to your use of FRENDi, including your content, products or services you develop or offer in connection with the application, and your breach of these Terms or violation of applicable law.

  11. Disclaimer THE SERVICES ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

  12. Limitation of Liability NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE

CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  1. Dispute Resolution By using FRENDi, you agree to the following mandatory arbitration and class action waiver provisions:

(a) MANDATORY ARBITRATION: You and FRENDi agree to resolve any claims relating to these Terms or our Services through final and binding arbitration, except as specified in the opt-out provision below.

(b) Informal Dispute Resolution: Before filing a claim against Teemu Sormunen, you agree to try to resolve the dispute informally by contacting us at info@frendi.tech. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process.

(c) Arbitration Forum: Either party may commence binding arbitration through an alternative dispute resolution provider. The parties will pay equal shares of the arbitration fees. If the arbitrator finds that you cannot afford to pay the arbitration fees and cannot obtain a waiver, Teemu Sormunen will pay them for you.

(d) Arbitration Procedures: The arbitration will be conducted by telephone, based on written submissions, video conference, or in person at a mutually agreed location. The arbitration will be conducted by a sole arbitrator under the prevailing rules of the alternative dispute resolution provider.

(e) Exceptions: This arbitration section does not require arbitration of individual claims brought in small claims court or injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.

(f) NO CLASS ACTIONS: Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

(g) Severability: If any part of this Section 12 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this Section 12 will be unenforceable in its entirety.

Data Storage and Third-Party Sharing

By using FRENDi, users acknowledge that their conversations are stored in secured databases managed by our service providers. Any additional data storage, management, and third-party data sharing practices will be detailed in FRENDi's Privacy Policy.

Chatbot Monitoring and Reporting

We encourage users to report any inappropriate, offensive or harmful content generated by the chatbots within FRENDi by contacting us at info@frendi.tech. We will review the reports and take appropriate action to maintain the quality of user experience.

Governing Law and Jurisdiction

These Terms of Service, any disputes arising out of or related to the use of FRENDi, and any legal action related thereto shall be governed by and construed in accordance with the laws of [insert country or state], without regard to its conflict of laws provisions. The parties agree to submit to the exclusive jurisdiction of the courts located in [insert appropriate location].

Changes to Terms of Service We may, at our sole discretion, update or revise these Terms of Service at any time. It is your responsibility to periodically review the Terms of Service for any changes. Your continued use of FRENDi following any changes to the Terms of Service signifies your acceptance of those changes.

Contact Us

If you have any questions, concerns or suggestions about these Terms of Service, please contact us by emailing info@frendi.tech.