Last modified: August 31, 2022
Unless otherwise indicated, the following capitalizes terms have the following meaning:
Account – means individualized panel serving the User to exploit the Service.
Application – means Company’s mobile application Emerson AI available in Apple App Store (https://apps.apple.com/us/app/emerson-ai/id1569848395), Google Play (https://play.google.com/store/apps/details?id=ai.emerson) and Telegram (https://t.me/Quickchat_Emerson_bot).
Company – means Incentivai Inc., 251 Little Falls Drive, Wilmington, New Castle, DE 19808, United States.
Content – means the contents such as texts, pictures and other, which the Guest, or the User publishes on the Website or in the Application.
Device – means devices such as a computer, telephone, smartphone, tablet or other electronic equipment which allows access to Website or Application.
Guest – means an entity browsing the Website or accessing Application.
Intellectual Property – means any designations, inventions, utility models, industrial designs, works and other externalized expressions of creative activity that are the subject of exclusive rights of the Company.
License – means a non-exclusive right to personal use of the Application.
Link – means hyperlink referring to the Other Websites.
Mobile Device – means a portable device such as a telephone, smartphone, tablet or other electronic equipment that can operate the Application.
Notification – means message sent to the User as part of the Service.
Other Websites – means websites other than the Website.
Service – means together the Website and the Application.
Store – means a platform that allows to download the Application for the Mobile Device, in particular Apple App Store or Google Play.
Terms – means these terms of service available under the following address: https://www.quickchat.ai/emerson_terms.
User – means a person who owns the Account.
Website – means web pages located at https://www.quickchat.ai/emerson.
Above mentioned definitions retain their meaning regardless of whether they are expressed in the singular or the plural.
Using the Service means full acceptance of the Terms. The Terms applies to relations between the Company and the Guest or the User only. If the Service introduces the possibility of providing services by other entities, they will be provided on the basis of regulations shared by these entities and only these entities will be responsible for the execution of the services, except the content of the Terms clearly and unambiguously indicates otherwise. Each person using the Service is obliged to use it in accordance with its destiny resulting from the Terms. Using the Website is permissible provided that the Device meets jointly the following minimum technical requirements:
Using the Application is possible if the Mobile Device meets the following minimum technical requirements:
It is recommended to install anti-virus software on the Device or on the Mobile Device. The Company may send Notifications directly as a part of the Service. The User has the ability to manage Notifications through the appropriate settings under the Account or in Mobile Device’s settings.
Account set-up is possible through the Application. The Application may be downloaded free of charge from the Store. Account set-up requires logging using Facebook, Google or Apple account. When you create an Account, you should provide us with accurate, complete, and current information at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service. You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your Device or Mobile Device and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
By creating an Account, you can agree to subscribe to newsletters, marketing or promotional materials and other information we may send.
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. You may cancel your Subscription renewal either through your Account or by contacting Company’s customer support team at firstname.lastname@example.org. A valid payment method, including credit or debit card, Apple Pay or Google Pay, is required to process the payment for your subscription. You shall provide the Company with accurate and complete billing information including (i) full name, (ii) email address, (iii) billing address and (iv) a valid payment method information. By submitting such payment information, you automatically authorize Company to charge all Subscription fees incurred through your Account to any such payment instruments. Should automatic billing fail to occur for any reason, Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: service availability, errors in the description or price of the service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Company is not responsible for any additional fees, including taxes, imposed by the relevant authorities of the country in which the person submitting an order resides / is located. Payment of these additional fees remains the responsibility of the person submitting the order.
The Company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. The Company will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness. By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Account of any User found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other Users, who may also use your Content subject to these Terms. The Company has the right but not the obligation to monitor and edit all Content provided by Users. The Guest and the User assumes full liability for the Content. In particular the User is obliged to join on the part of Company’s proceedings pending on the initiative of third parties in the field of protection of their intellectual property rights and to release the Company from all claims of persons authorized in this respect.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
Additionally, you agree not to:
We may use third-party service providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en. We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Service and its original content (excluding Content), features and functionality are and will remain the exclusive property of the Company and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. The Guest and the User by using the Service do not acquire any rights to the Intellectual Property. It is prohibited to use the Intellectual Property for purposes other than those resulting from the authorized personal use referred to in the Article 23 of the Act of February 4, 1994 on Copyright and Related Rights. Upon downloading the Application and purchasing a Subscription, the User receives the License to use the Application in accordance with Subscription. It is reserved that downloading of the Application from the Store may be connected with a necessity to accept the Store’s regulations. The License is limited, non-transferable, revocable, non-exclusive and granted for a period consistent with the conditions of the Subscription. The User is not entitled to give a sublicense. The License is granted only in the following forms of exploitation:
The User shall not modify, reverse engineer, decompile, disassemble or attempt to derive source code from Service or any portion thereof. The User is not entitled to create and/or publish APIs or otherwise proxying access to the Service nor is allowed to use the Service in an automated manner (that is by machine or computer program).
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright Infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”. You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at firstname.lastname@example.org
The Company tries – to the best of its ability – to support the Guests and Users in solving their problems related to functioning of the Service, as well as undertakes actions to improve the quality of the Service’s functioning and the provision of the Service based on the comments submitted by these entities. You may provide us directly at email@example.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
Our Service may contain links to Other Websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any Other Websites. We do not warrant the offerings of any of these entities/individuals or Other Websites. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY OTHER WEBSITES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY OTHER WEBSITES THAT YOU VISIT.
THE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Company shall not be liable for the consequences of complying with the content of tips, articles or other publications on the Website or the Application, including the content provided by the AI computer. You acknowledge that the AI computer that provides the content in the Application is not the expert and may be mistaken and you cannot rely on its answers or advice. In particular it cannot replace the professional medical, legal or any other recommendation. The Company shall not be liable for the consequences of installing or sending any malicious software, phishing or any other practices undertaken by other entities to the Service. The Company shall not be liable for any breaks in the operation of the Service. The Company shall not be liable for the consequences of phenomena known as force majeure, including in particular power outages, fires, atmospheric phenomena, wars, riots, strikes and other similar events that are not affected by the Company. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THESE TERMS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The Guest and/or User is fully liable for the consequences of authorized or unauthorized distribution of any content available on the Website or the Application. This applies in particular to the Intellectual Property. The liability includes, in particular, Company's release from any claims in this respect if such are against Company.
The Company does not guarantee the permanent accessibility of the Service. The Company reserves the right to introduce a break in the operation of the Website or the Application or their certain functionalities. If there is an intention to implement a break, the Company will notify about it by posting relevant information or a massage on the Website or in the Application at least 3 days before the date of planned break. In the event of unintended breaks in the operation of the Website or the Application or their certain functionalities, the Company will immediately notify about it by posting a relevant information or massage on the Website or in the Application. Acceptance of the Regulations means also giving an approval for the Services being not 100% reliable.
We may terminate or suspend your Account and ban access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your Account, you may simply discontinue using Service. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of State of California without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Any time you wish to contact the Company, please send email at: firstname.lastname@example.org.