1.1. These Terms and Conditions (the "Terms") govern the relationship between you and Labane Corp. Ltd, a legal entity incorporated under the laws of the Republic of Cyprus, having its registered office at Vasili Michailidi, 9, 3026, Limassol, Cyprus ("we" "us" "our" or the "Company") regarding your use of the Company's website and other services (the "Website" or the "Service"), including all textual, graphic, video, music, software and other content available through the Service (the "Content").
1.2. Your access and use of the Service constitutes your agreement to be bound by these Terms, which establish a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.
1.3. Please review also our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies or documents that may be posted on the Service 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 at any time and for any reason.
1.4. Any translation from the English version is provided for your convenience only. In the event of any difference in meaning or interpretation between the English language version of these Terms and any translation, the English language version will prevail.
1.5. Unless otherwise expressly provided herein, we will alert you about any changes by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change.
1.6. THESE TERMS CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), DISCLAIMERS OF WARRANTIES (SECTION 8), LIMITATION OF LIABILITY (SECTION 9), AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF THE FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 12, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 12.
1.7. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS OR USE THE WEBSITE AND THE SERVICE.
2.1. SERVICE DISCLAIMER. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (I) SERVICE FUNCTIONALITY OR FITNESS FOR USER'S REQUIREMENTS; (II) SERVICE AVAILABILITY, TIMELINESS, SECURITY, OR ERROR-FREE OPERATION; (III) ACCURACY OR RELIABILITY OF RESULTS; AND (IV) QUALITY OR BENEFIT OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SERVICE.
2.2. ADVISORY LIMITATION. USER ACKNOWLEDGES AND AGREES THAT THE AI COMPANION'S OUTPUT SHALL NOT BE CONSTRUED AS PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO MEDICAL, LEGAL, OR MENTAL HEALTH GUIDANCE. USER ASSUMES SOLE RESPONSIBILITY FOR ANY ACTIONS TAKEN BASED ON AI INTERACTIONS.
2.3. TECHNOLOGICAL LIMITATIONS. NOTWITHSTANDING ANY EFFORTS TO ENSURE APPROPRIATE AND CONSISTENT AI RESPONSES, COMPANY BEARS NO LIABILITY FOR: (I) INAPPROPRIATE, OFFENSIVE, OR CONFUSING CONTENT; (II) CONTEXTUALLY INAPPROPRIATE RESPONSES; (III) MISUNDERSTOOD REQUESTS; (IV) INCONSISTENT RESPONSES; OR (V) DISCONTINUITY IN CONVERSATIONS.
2.4. ARTIFICIAL NATURE AND USER RESPONSIBILITY. USER EXPRESSLY ACKNOWLEDGES THAT: (I) THE AI COMPANION IS A SOFTWARE PROGRAM INCAPABLE OF PHYSICAL INTERACTION OR REAL-WORLD ENGAGEMENT; (II) ALL PERSONALITY TRAITS, EMOTIONAL RESPONSES, AND ATTACHMENTS ARE SIMULATED; (III) COMPANY BEARS NO LIABILITY FOR ANY PSYCHOLOGICAL OR EMOTIONAL ATTACHMENTS DEVELOPED BY USER; AND (IV) USER BEARS SOLE RESPONSIBILITY FOR MAINTAINING REAL-WORLD RELATIONSHIPS AND SEEKING PROFESSIONAL ASSISTANCE AS NEEDED.
3.1. In order to use certain features of the Service, you may need to register an account ("Account") and provide certain information about yourself as prompted by the registration form.
3.2. If you register an Account, you represent and warrant to the Company that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Service does not violate any applicable law or regulation or these Terms.
3.3. The Service is not intended to be used by individuals under the age of 18. All users who are minors must have the permission of, and be directly supervised by, their parent or guardian to use the Service.
3.4. The Company reserves the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
3.5. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use or suspected unauthorized use of your Account.
4.1. When you use the Service, you represent and warrant to the Company that all required information you submit is truthful and accurate and your use does not violate any applicable law or regulation.
4.2. The Company reserves the right to suspend or terminate your use of Service in the event that you breach these Terms.
4.3. The Service may be modified, updated, interrupted or suspended at any time without notice to you or our liability.
4.4. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith.
4.5. We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice.
4.6. Your access to and use of the Service is at your own risk. To the extent permitted by law, the Company will have no responsibility for any harm to your computing system, loss of data, or other harm that results from your access to or use of the Service.
4.7. The Company has no obligation to provide you with customer support of any kind. However, the Company may provide customer support from time to time, at the Company's sole discretion.
5.1. The Service may contain links to third party websites or resources and advertisements for third parties ("Third-Party Ads"). Such Third-Party Ads are not under the control of the Company and the Company is not responsible for any Third-Party Ads.
5.2. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any users of the Service, or any Third-Party Ads.
5.3. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable license (without the right to sublicense) to use the Service solely for your personal, non-commercial purposes.
5.4. You acknowledge that all the text, images, marks, logos, compilations, data, other content, software and materials displayed on the Service or used by the Company to operate the Service is proprietary to us or to third parties. The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing.
5.5. The information you submit to us and any data, text and other material that you may submit to the Service ("User Content") remain your intellectual property, and the Company does not claim any ownership of the copyright or other proprietary rights in such User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of the User Content and use it as reasonably necessary for its operation of the Service.
5.6. You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service.
5.7. We may use User Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.
6.1. Certain features of the Service may be offered for a fee. You can make a purchase directly through us (the "Purchase").
6.2. To the maximum extent permitted by applicable laws, we may change the Purchase fee at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the Service and/or by sending you an email notification.
6.3. You authorize us to charge the applicable fees to the payment method that you submit.
6.4. Our Service may offer subscriptions that automatically renew. Unless you cancel your subscription before the end of the subscription period, you authorize us to charge you for the renewal term.
6.5. Our Service may offer trial subscriptions that auto-renew unless you cancel before the end of the trial period.
6.6. By subscribing to our Service, you consent to a payment retry mechanism for subscription renewals. If the full subscription renewal charge is declined, we will make several attempts to process the renewal using progressively smaller amounts. Should all payment attempts fail, your subscription will be automatically cancelled.
6.7. To the extent permitted by applicable law, Purchases made via our website are non-refundable and/or non-exchangeable, unless otherwise stated herein or required by applicable law.
Note for EU, EEA, UK, and Switzerland residents: If you are an EU user, you have a period of 14 days to withdraw from a contract, without giving any reason, and without incurring any costs. To exercise the right of withdrawal, you must inform us of your decision by e-mail before the withdrawal period has expired. If you withdraw within the 14-day window, we shall reimburse you for all payments received from you for the same period within 14 days of learning about your decision to withdraw.
7.1. By using the Service, you represent and warrant that you have the legal capacity to comply with these Terms, you are not under the age of 18, you will not use the Service for any illegal or unauthorized purpose, and your use will not violate any applicable law or regulation.
7.2. You may not access or use the Service for any purpose other than that for which we make the Service available. As a user of the Service, you agree not to: systematically retrieve data to create a collection or database without written permission; make any unauthorized use of the Service; make any modification, adaptation, or derivative work from the Service; use the Service for commercial purposes for which it is not designed; circumvent or disable security-related features; engage in unauthorized framing of or linking to the Service; interfere with, disrupt, or create an undue burden on the Service; upload files that contain viruses, worms, trojans, or other harmful software; use automated systems including bots, scripts, or scrapers to access the Service; or otherwise violate these Terms.
THE WEBSITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (I) THE SERVICE, CONTENT OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (II) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) ANY RESULT OR OUTCOME CAN BE ACHIEVED.
9.1. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE WEBSITE OR CONTENT), OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE, CONTENT OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR THE SERVICE.
9.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or (iii) your violation of these Terms.
The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.
12.1. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
12.2. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
12.3. YOU AND THE COMPANY AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE PRIVACY POLICY, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION.
12.4. A party which intends to seek arbitration must first send to the other a written notice of intent to arbitrate (a "Notice"). The Notice to the Company must be addressed to: Vasili Michailidi, 9, 3026, Limassol, Cyprus. If the parties do not reach an agreement to resolve the claim within 30 days after the Notice is received, arbitration proceedings may commence.
12.5. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL EXCLUSIVELY ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES, AS MODIFIED BY THESE TERMS. Rules and AAA forms are available at www.adr.org.
12.6. The arbitration shall be conducted exclusively in English. The arbitrator shall apply the laws of the Commonwealth of Virginia without regard to its conflicts of laws principles. Any award rendered shall be final, subject to appeal under the Federal Arbitration Act.
12.7. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE SERVICE BY WRITING TO support@myanima.ai OR TO THE ARBITRATION NOTICE ADDRESS.
13.1. The laws of England and Wales, excluding its conflicts of law principles, govern these Terms and your use of the Service.
13.2. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of: (i) the state and federal courts in the City of Alexandria, Virginia — if you are a resident of the United States; or (ii) the courts of Limassol, Cyprus — if you are not a resident of the United States.
13.3. The online dispute settlement platform of the European Commission is available at the European Commission's website. We do not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU, EEA, UK, or Switzerland.
13.4. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
14.1. Apple App Store. If you are accessing the Service on the Apple App Store or on an iOS device, you acknowledge that these Terms are between you and the Company only, not with Apple. Apple is not responsible for the Service and the content thereof. The license granted to you is limited to a personal, non-exclusive, non-transferable right to install the Service on iOS devices you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple App Store Terms of Services. The Company is solely responsible for providing maintenance and support services, for any warranties, and for addressing any claims of you or any third party relating to the Service. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms.
14.2. Google Play. If you are accessing the Service on Google Play, you acknowledge that these Terms are between you and the Company only, not with Google. To the extent of any conflict between the Google Play Terms and these Terms, the Google Play Terms shall apply with respect to your use of the Service that you download from Google Play. Google does not have any responsibility or liability related to compliance or non-compliance by the Company or you under these Terms or the Google Play Terms.
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: support@myanima.ai
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last Updated: 09 January 2025