Charisma.ai Terms of Service
Effective Date: 13/07/2020
Welcome to Charisma.AI, brought to you by To Play For Limited.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY INSTALLING, USING OR ACCESSING THE CHARISMA.AI PLATFORM, YOU AGREE TO THESE TERMS OF SERVICE.
These Terms of Service govern your use of:
- (a) our storytelling platform located at https://charisma.ai and downloadable as an app (“Platform”);
- (b) any services, features and content accessible or downloadable from the Platform (“Service”); and
- (c) any other digital or online product or service we have made available to you and you have licensed, downloaded or otherwise accessed.
If you download our app from a third party app store, you may also be subject to the terms and policies of that app store which may include additional terms relating to your use of our app and Service. If there is any conflict between that app store’s terms and policies and these Terms, these Terms win.
By accessing the Platform, you confirm to us that:
- (a) you are aged 13 or older,
- (b) you understand and agree to these Terms, and
- (c) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms.
Sometimes we need to make changes to these Terms and to the Platform and the Service. If we make any changes, we will post a clear notice on the Platform. We may also (but do not have to) inform you by email or push notification and/or ask you to confirm your acceptance. You should therefore check updates on the Platform regularly as, each time you access it, you are agreeing to the current Terms.
We can change these Terms but you cannot. If at any time you do not wish to accept our Terms, you must delete your account and cease accessing and using the Platform and Service.
We can also change how the Platform operates and change the Service provided through the Platform. We will not make any fundamental changes without giving you enough notice to decide if you want to keep using the Platform and the Service.
Provided we give you notice, you are not entitled to a refund of any fees you have paid on your account.
You can browse the Platform without registering but, to play, create and edit stories, you will need to register an account with us. When you register, you will need to provide certain personal information which we will process in line with our Privacy Notice.
You confirm that all information you provide to us is true and up-to-date and that you will keep it up-to-date.
You are responsible for maintaining the confidentiality of your account and for any activities conducted through it. So make sure your keep your access details and passwords safe and let us know immediately if you suspect someone else has access to your account.
When you create content on the Platform, you keep ownership. It’s your content but we have a license to use it as explained in Section 5. Limited Licence.
You confirm to us that all content you create on the Platform:
- (a) is entirely your own and no one else has any rights or claims to the content; and
- (b) it complies with our Values and Content Guidelines.
You acknowledge that we (or our licensors) own all the content which we create on the Platform and that we alone own all intellectual property rights comprised in or relating to the Service and the Platform together with all trademarks and trade names. You do not acquire any rights whatsoever to our content, any other intellectual property, the Platform or the Service by using the Service or downloading copies of our content.
You agree not to encumber, licence, modify, publish, copy, sell, transfer, transmit or in any way exploit our content nor will you attempt to do so. The only exception is where you are expressly permitted to do so through any sharing features of the Service.
We grant you a limited, non-exclusive, non-transferable, non-sub-licensable revocable licence to use and access the following:
- (a) use and access the portions of the Service that are accessible without charge via the Platform or associated app or that are the portions of the Service that are accessible without charge via the Platform or associated app or that are, with our permission, made accessible without charge from third party websites or sources, and
- (b) use and access such other portions of the Service as are accessible on a payment basis, provided that you have paid the applicable fees and satisfied all applicable conditions, and
- (c) stream your personal experience of interacting with a story on your social media channels such as with YouTube or Twitch Stream.
This limited licence is solely for your personal, non-commercial use and is subject at all times to these Terms. You agree not to (and not to attempt to): (i) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms; or (ii) use the Service for any purpose other than as expressly permitted by these Terms.
You grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit all your content via the Service or in connection with our business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
Without limiting the above, if you provide any feedback or suggestions on our Platform or Service, we are free to use them without restriction and without any obligation or compensation to you.
Where you choose to include your own name, voice, persona and/or likeness in any of the content you create on the Platform, you further irrevocably grant us the unconditional right to use the same in accordance with these Terms of Service. Except as prohibited by law, you waive any moral rights you may have in your content, regardless of whether your content is altered or changed in a manner not agreeable to you.
Notwithstanding any of the above, we will not have the right to license your content for use in a motion picture, television series or other video production nor to create a sequel to the story contained within your content nor create a different story using the dialogue or story contained within your content.
The Platform enables you to upload storylines, characters, text, graphics and audio which the Service will then turn into an interactive story which other people can enjoy via the Platform and associated app. The Service includes certain tools to allow you to manipulate and adjust your content and use of such tools is entirely at your own discretion. Provided your content complies with our Values and Content Guidelines we will not pre-moderate it.
You alone are responsible for your content in the form you upload it and in the form you approve the Platform displaying it.
Notwithstanding any of the above, we have the right to remove your content from the Platform at any time and for any reason.
If you believe anyone else’s content or behaviour on the Platform breaches these Terms, you should tell us immediately by emailing email@example.com or by reporting it via the feedback buttons in the app.
Your right to access and use the Platform and Service are subject to the following restrictions. You must not:
- create an account or access the Service if you are under the age of 13;
- use the Service to harm minors in any way;
- permit any other person to access or use your account;
- use your account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (e.g., spam) to anyone;
- use your account to engage in any illegal or unlawful conduct or activities;
- rent, lease, sell, trade or otherwise transfer your account to anyone without our prior written permission;
- interfere with or disrupt the Service or the Platform or any other user’s enjoyment of the Service and Platform or interfere with, disrupt or circumvent any security feature or any feature that restricts or enforces limitations on use of or access to the Service and Platform;
- reveal any personal information about another individual nor impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with another person or entity;
- create an account by automated means or false pretences or use any other person’s account for any purpose, including to circumvent a suspension or ban; or
- cheat or use, develop or distribute automation software programs (bots), macro software programs or other cheat utility software program or applications which are designed to modify the Charisma.ai experience to the detriment of fair play.
We are entitled in our sole discretion to determine whether or not you have breached any of these Terms and to suspend or terminate your account as a result without compensation to you.
We may charge a fee for accessing any part of the Platform or using any of the Service. We will give you notice if we decide to do so or if we decide to change how much we charge.
You may terminate your account at any time and for any reason through the “Delete Account” function in your account settings or by emailing us at firstname.lastname@example.org. If you terminate during a subscription period for which you have a paid a fee, you will not be entitled to a refund.
We may terminate your account at any time and for any reason. If we terminate during a subscription period for which you have paid a fee, we will refund you a proportionate amount of the fee unless we are terminating due to your breach of these Terms. If we terminate for your breach, you will not be entitled to a refund.
Please note that terminating your account does not automatically unpublish any stories you have created. If you wish to unpublish a story, you must do so through the “Unpublish” function in your account settings or by emailing us at email@example.com.
If we are entitled to terminate your account, we may at our option suspend your account for up to 60 days without compensation to you. After a period of suspension, we are entitled at our option to terminate or reinstate your account. During a suspension, you will not have access to your account or content except where you decide yourself to terminate your account during any period of suspension.
Upon your termination of your account, we reserve the right to retain a copy of your content for a period of up to 7 years for contract purposes and in case of any legal dispute.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER TO PLAY FOR LIMITED NOR OUR AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR DIRECTORS, EMPLOYEES, AGENTS, LAWYERS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "TO PLAY FOR PARTIES") WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR ANY DESCRIPTION WE PROVIDED OR (B) ANY PARTICULAR CONTENT WILL BE VIEWABLE BY YOU OR ANY OTHER PERSON OR (C) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR (D) ERRORS WILL BE CORRECTED.
UNDER THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TO PLAY FOR PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY TO PLAY FOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE TO PLAY FOR PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID (IF ANYTHING) FOR THE SERVICE IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANY AMOUNT IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TO PLAY FOR IS TO STOP USING THE SERVICE AND TO TERMINATE YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. If any of the above warranties or limitations of liability are not enforceable in respect to you: (A) we warrant that the Service will be provided with reasonable skill and care but we do not warrant that it will be uninterrupted or error free or that any errors will be corrected; (B) our total liability to you under all heads of claim shall not exceed GB£100.
You agree to indemnify and keep indemnified To Play For Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal fees and court costs) arising out of or in respect to: (1) content and/or information in your account and any information you upload, post or transmit through the Service; (2) your use of the Service; (3) your breach of these Terms; and (4) your breach of any rights of any other person or entity. These indemnities apply whether the relevant acts or omissions are your own or those of someone accessing the Service through your account.
These Terms are governed by the laws of England and Wales. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the courts of England and Wales, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
The Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. We may remove any links at any time for any reason or for no reason.
- (a) Entire Agreement. These Terms, including our Privacy Notice and Values and Content Guidelines, constitute the entire agreement between you and To Play For Limited with respect to your use of the Service and access to the Platform and supersede all prior understandings and agreements with respect to the Service and Platform.
- (b) No Waiver. We may not always exercise or enforce our rights or provisions of these Terms but that does not constitute a waiver, and we remain entitled to exercise or enforce those rights or provisions at any time.
- (c) Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms shall remain in full force and effect.
- (d) Assignment. These Terms may not be assigned by you without our prior written consent, but are freely assignable by us.
- (e) Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of energy.
You can contact us at any time by emailing us at firstname.lastname@example.org.