Term of Service

Last updated August 30, 2024

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.malochat.com website (the “Service”) operated by Malo Labs (“us”, “Malo Chat”, “we”, or “our”).

These legal terms concern your access to and use of the services. You agree that by accessing the services, you have read, understood, and agreed to be bound by all of these legal terms. If you do not agree with all of these legal terms, you are expressly prohibited from using the services, and you must discontinue use immediately.

We will provide you with prior notice of any scheduled changes to the Services you are using. Changes to Legal Terms will become effective seven (7) days after the notice is given, except if the changes apply to new functionality, security updates, bug fixes, and a court order, in which case the changes will be effective immediately. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. If you disagree with such changes, you may terminate Services as per the section "TERM AND TERMINATION."

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

1. Our Services

MaloChat provides a text and image generation service. MaloChat is available via https://www.malochat.com.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We 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 only.

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 immediately.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

The Services may offer "Beta Software" under these Terms. These products are offered as is, may contain bugs, and are offered without any warranties. Your use of Beta Software is at your own risk. We reserve the right to modify or discontinue the Beta Software at any time without notice to you.

5. PURCHASES AND PAYMENT

We accept the following forms of payment: Visa,Mastercard,PayPal,AliPay You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. 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.

Cancellation

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 [email protected].

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. Use of Services

The Services may include a platform for AI conversations, conversations, Text-Image, Text-Audio and related functionalities. You are responsible for the outcomes derived from the use of these Services, including compliance with applicable laws and regulations.

The Services provided by MaloChat are not available to individuals located within the People's Republic of China. You agree not to use the Services from within China. MaloChat will bear no responsibility for any use of the Services in China, and any such use will be considered a breach of these Terms, with all consequences borne by the User.

8. Prohibited Conduct

You agree not to misuse the Services. A non-exhaustive list of prohibited conduct includes attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services.

9. Service Availability and Limitation

We makes no guarantee regarding the availability of the Services. We reserve the right to change, suspend, or discontinue the Services at any time for any reason.

10. Warranties and Disclaimers

The Services are provided "as is" without any warranties of any kind. We does not warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

11. CONTACT US

To resolve a complaint regarding the services, request a refund, or obtain further information about the use of the services, please feel free to contact us at any time via [email protected].