Matcha AI Terms and Conditions of Use ("Terms")
Terms version: 1st of August, 2023
This App is supplied by Anima AI Ltd ("Anima AI", "we", "us", and "our"). We build virtual companion apps.
Our company number is 13343968.
Our registered office and our place of business are C/O Pollock Accounting 3-4 Sentinel Square, Hendon, London, United Kingdom, NW4 2EL. However, please direct all correspondence related to the App to help+matcha@myanima.ai.
"App" means the Matcha AI app that you download and install onto your device, and includes all updates to such App that we make available or provide to you from time to time.
The App provides virtual companion and virtual chat functionality.
IMPORTANT NOTICE: PLEASE READ
These Terms explain how you may use the App and the legal terms that apply. By downloading the App, you are agreeing to these Terms which are legally binding.
For information about how your personal data is processed please see the privacy notice here: https://joinmatcha.ai/legal/privacy.
Please read these Terms and our privacy notice before you download and use the App. Only download the App if you have read the rules and agree to them. If you do not agree to these Terms, we will not allow you to use the App and you should not download it.
Please pay particular attention to paragraphs 16 and 17 of these Terms, which are about our liability to you.
To use the App, you must be 17 or older (18 or older if you are a UK resident). If you are 17 years old, you must have a parent or guardian agree to these Terms on your behalf.
You must obtain permission from the owner of any device that is controlled but not owned by you to download and use a copy of the App on that device.
You and the owner of the device may be charged by your and the owner's service provider for internet access on the device.
You should check with your and the device owner's mobile or internet service provider for details of data and internet usage charges.
If you download or install the App onto a device, you accept responsibility in accordance with these Terms for using the App on that device, whether or not you own that device.
The App is compatible with devices that meet the minimum system and compatibility requirements below. If your device does not meet these requirements, the app might not work on your device as intended:
The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device, and the app store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty camera), app store failure or anything else that it would not be reasonable to expect us to control.
For help using the App please email our support team at help+matcha@myanima.ai.
You can also email our support team if you want to let us know about any errors or performance issues with the App, or if you have a complaint. We will endeavor to respond to your email within 30 days of receipt.
If we need to send you a general notice or general information, we will send a pop-up notification on the App. We recommend that you check the App regularly for notifications. We may also contact you by email using the most recent email address you have provided to us.
The App belongs to us and our licensors. We grant you a non-exclusive, perpetual, license to:
If you obtained the App from the Apple App Store, you must also use the App in accordance with the Usage Rules in Apple's App Store Terms of Service.
If you obtained the App from Google Play, you must also use the App in accordance with the Google Play Terms of Service.
You may use the App anywhere in the world.
You may share the App in accordance with family-sharing rules, family-group rules, and volume purchase rules of the app store where you obtained the App. Otherwise, you must not transfer the App to any other person or share the App with any other person.
If you sell any device on which the App is installed you must remove the App from the device before you deliver the device to the buyer.
This is a license, not a sale. That means that we and our licensors continue to own the App when it is installed on your device.
You are responsible for the content you submit to the App but you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute any content that you submit to the App. For information about how your personal data is processed, please see the privacy notice here: https://joinmatcha.ai/legal/privacy.
If you provide any feedback, suggestions, and other communications to us regarding the App ("Feedback"), you grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify adapt, publish, translate, create derivative works from and distribute such Feedback for Anima AI's own purposes.
If in order to make use of the App you are required to create a user account then you must treat your password as confidential and must not disclose it to any third party.
We have a right to disable any account, password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your email and password combination, you must change your password as soon as possible and promptly notify us at help+matcha@myanima.ai.
There are some rules we ask you to follow when using the App.
You must not:
Please note that the App has been developed to learn from human interactions so that the AI provides realistic responses to your messages. Therefore negative, obscene, or abusive messages from you may result in you receiving similar messages from the App. If you wish to contact us about messages you have received via the App, please see paragraph 5 above. Anima AI, to the fullest extent permitted by applicable law, disclaims liability for any such inappropriate content.
If we provide you with Interoperability Information or if you obtain Interoperability Information, you may only use it for the purpose of making the App interoperable with another software program. You should not use Interoperability Information for any other purpose.
From time to time, we may make changes to these Terms to reflect:
If we plan to amend these Terms, we will give you reasonable advance notice. We will notify you of planned changes to these Terms by sending you a pop-up notification via the App. We recommend that you check the App regularly for notifications.
If you wish to continue to use the App after the changes to these Terms come into force, you will need to click to accept the amended Terms.
If you are unhappy with our changes to the Terms, you can choose not to accept the changes to the Terms and you should not use the App from the date that the changes come into force.
By clicking to accept a change or by continuing to use the App after the date that the changes to the Terms take effect, you are agreeing to be legally bound by those changes.
The latest version of these Terms will be available to you to read and download via the App interface.
From time to time we may make free updates available to you via the app store where you obtained the App to improve the App's performance, to fix bugs, to address security issues, to enhance functionality, and/or to improve the user experience. We recommend that you install updates as soon as reasonably possible after we make them available to you.
We may automatically update the App on your device to address security threats.
The App may contain links to independent websites which are not provided by us. These independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy any products or services offered by them, and agree to their separate terms of use.
The App and all updates are supplied to you free of charge.
You acknowledge that the App is provided on an "AS IS" basis and may contain errors or inaccuracies. We do not give any warranty or guarantee that the App will operate without error.
We do not guarantee uninterrupted access to the App. You acknowledge that we may need to interrupt access to the App for scheduled or emergency maintenance purposes, to fix bugs or for security reasons. Access to the App may also be interrupted for reasons outside of our reasonable control.
You acknowledge that the App has not been developed to meet your individual requirements and that it is, therefore, your responsibility to ensure that the App as described on the applicable app storefront and in these Terms meets your requirements.
You acknowledge that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
We do not exclude or limit our liability to you:
Check device compatibility and system requirements: It is your responsibility to check that the App is compatible with your device and the operating system on your device (see paragraph 4 of these Terms). We will not be liable for loss or damage caused by you failing to correctly follow installation instructions or to have in place the minimum device or system requirements advised by us.
Personal, non-business use only: save where otherwise set out in these Terms, the App is for your personal use only. You may not use the App for business or commercial purposes.
We will not be liable for any business-related losses that you suffer as a result of our breaking these Terms or our negligence. Examples of "business-related losses" include loss of profits, loss of business, loss of contracts, loss of business opportunity, and business interruption.
Back-up your data regularly: It is your responsibility to regularly back up all devices where you have installed the App and all data and digital content on those devices. If you fail to back up your device and the data and digital content on it at least once every 45 days, we won't be liable to you if the App damages data or digital content on your device.
Install all updates promptly: To help protect the App and your device from security risks, we strongly recommend that you promptly install all updates that we make available to you. Failing to install updates that we make available to you could leave the App and your device vulnerable to security threats. If you did not install a free update within 14 days after we make the update available to you, we won't be liable to you for any loss or damage of any kind that could have been avoided if you had installed the update.
Events outside our reasonable control: We will not be liable for any losses that you suffer because we fail to comply with these Terms as a result of events outside our reasonable control.
How is compensation under these Terms calculated? If we are liable to compensate you, we will only be responsible for the "reasonably foreseeable" loss that you suffer as a result of our failure to comply with these Terms or as a result of our negligence. Loss is "reasonably foreseeable" if it is an obvious consequence of our failure to comply with these Terms. Loss is also "reasonably foreseeable" if, at the time you accepted these Terms, both we and you knew the loss might happen as a result of our failure to comply with these Terms.
If you cause your own loss: If you breach these terms, we will not be liable for any increase in loss or damage that you suffer as a result of your breach of these Terms.
If you do not comply with these Terms, applicable laws, or if we have reasonable grounds to suspect fraud or misuse of the App by you or by anybody using your device or account details, we may immediately suspend or terminate your right to use the App by giving you written notice setting out the reasons.
We may also suspend or end your right to use the App if we are required to do so by the app store where you obtained the App.
If you have not interacted with the App for a consecutive period of 2 years, we may contact you by email to let you know that we intend to terminate your use of the App. "Interacting" with the App means:
When we contact you we will let you know the date on which your right to use the App will end, which will be at least 30 days after we contact you.
We may end your right to use the App if we discontinue the App.
We will give you no less than 30 days' notice via email or push notification before discontinuing the App.
If you no longer wish to use the App, you may end this contract by contacting us at help+matcha@myanima.ai
When your right to use the App ends:
If you obtained the App from the Apple App Store, this section explains how responsibility for the App is allocated between Anima AI Ltd and Apple.
If you obtained the App from Google Play or another app store, this paragraph 22 does not apply to you.
We may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
Except where paragraph 22 applies, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you meet your obligations under these Terms or if we do not enforce our rights against you or if we delay in doing so, that will not mean that we have waived our rights against you and it does not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you. Even if we delay in enforcing this contract, we can still enforce it later.
These Terms are governed by English law and you can bring legal proceedings in relation to these Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.