These Terms of Use constitute a legally binding agreement made between you, whether personally (“you”, “User”) and the copyright holder Egor Krasilnikov ("Company", "we", "us", or "our"), concerning your access to and use of the mobile app ToCo — Topics & Concepts (the “Mobile app”). You agree that by accessing the Mobile app, you have read, understood, and agree to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE MOBILE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Mobile app from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
The Company makes the Mobile app including all information, graphics, documents, text, products and all other elements of the Mobile app and all products and services provided through this Mobile app and services operated through the Mobile app, available for your use subject to the terms and conditions set forth in this document and any additional documents available via the Mobile app.
The information provided on the Mobile app is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Mobile app from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Mobile app is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Mobile app.
Regardless of your purposes and whether you agree with the Terms, please consider the Privacy Policy. This document describes how, when and why the Company collects information about individuals (including but not limited to Users), how and for what purposes these personal data are processed, who processes them and what rights the individuals have in connection with the data concerning them.
SUBJECT TO THE TERMS OF USE
The User registers in the Mobile app using required personal data. Upon the Terms of Use the Company grants access to create author’s content (the “User Generated Content”) that is all data and materials generated by means of ChatGPT and DALL-E on the basis of the Mobile app.
Subject to the Terms of Use, the Company shall grant to User a limited, non-exclusive and non-transferable license to use the Mobile app.
The Company provides the technical ability for the User to create the User Generated Content.
INTELLECTUAL PROPERTY RIGHTS
The User is the copyright holder of the User Generated Content and the Company guarantees not to use it to make a profit.
The Company provides only the technical ability to create the User Generated Content and is not a copyright holder or licensor.
The User recognizes the User Generated Content is created by means of AI algorithms and may be available in the public access.
The Company does not guarantee the User Generated Content will not infringe or misappropriate the copyright, trademark or other intellectual property right of any third party.
The Company reserves the right to use the User Generated Content to analyze, demonstrate, collect, copy.
Unless otherwise indicated, the Mobile app and the other content are our intellectual property and all source code, databases, functionality, software, Mobile app designs, text, photographs, and graphics (the “Content”) and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights. Except as expressly provided in these Terms of Use, no part of the Mobile app and no Content 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.
Provided that you are eligible to use the Mobile app, you are granted a limited license to access and use the Mobile app and to 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.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Mobile app at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Mobile app. We also reserve the right to modify or discontinue all or part of the Mobile app without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Mobile app.
We cannot guarantee the Mobile app will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Mobile app, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Mobile app at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Mobile app during any downtime or discontinuance of the Mobile app. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Mobile app or to supply any corrections, updates, or releases in connection therewith.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Mobile app. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE MOBILE APP (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 TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.
CORRECTIONS
There may be information on the Mobile app 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 Mobile app at any time, without prior notice.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE MOBILE APP OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
GOVERNING LAW
The performance and interpretation of the Terms of Use and any disputes arising from it shall be governed by the Laws of the __.
ELECTRONIC COMMUNICATIONS
Visiting the Mobile app, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Mobile app, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE MOBILE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
Company:
the copyright holder Egor Krasilnikov
hello@tocoapp.site