Terms of Service
Last Modified:May 20, 2024
Acceptance of the Terms of Service
By accessing, utilizing, or visiting dokichat.club (here in after referred to as the " Platform") or any of our Communities , included by not limited to our Communities on Discord and Reddit, including any content, functionalities, and services offered, you are indicating your acceptance and agreement to these Terms of Service (" Terms"), as well as our [Privacy Policy], which is included here within by reference.
These Terms are applicable to all users of the Platform and our Communities. All such parties are collectively referred to as "you", "User", or "Users", as contextually appropriate, regardless of whether the Platform and Communities are accessed via computer, mobile device, or any other technological medium or method. The Terms are an agreement formed between you and Dokichat Inc. ("Dokichat", "us", or "we").
"Content" means any and all information and content that a user submits, including the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, textual content, and other materials you may view, upload, publish, submit, make available, display, communicate or post on the Platform or Communities.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of any right or provision.
You affirm that You are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In addition, You affirm that You have not been previously suspended or removed from the Service.If you're under the age of 18, you are not permitted to use this Platform, create an account, or participate in any of our Communities. We take this policy very seriously and will actively remove accounts suspected to belong to individuals under the age of 18.By using Dokichat, you confirm that you are over 18 and that you'll abide by these terms. Misrepresentation of your age violates our Terms of Service and may result in immediate account termination.
We retain the right to modify these Terms of Service at any time and without providing prior notice. It is your responsibility to periodically review these Terms of Service for any amendments. Your continued use of the Website following any modification of these Terms of Service will indicate your acceptance of and compliance with the revised terms.Upon posting, the latest version of the Terms of Service immediately supersedes all preceding versions, which will cease to have any legal effect. The most recent version of the Terms of Service can be reviewed at https://Dokichat.com/term.
Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to access the Platform and Communities solely for your own personal, non-commercial use.We reserve the right to change, suspend, or cease the Platform & Communities without notice to you. You agree that we will not be held liable to you or any third-party for any change, interruption, or termination of the Platform & Communities of any part.
No Support or Maintenance: you agree that we will have no obligation to provide you with any support in connection with the Platform & Communities.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform & Communities and its content are owned by us. Note that these Terms and access to the Platform & Communities do not give you any rights, title, or interest in or to any intellectual property rights. We reserve all rights not granted in these Terms.
You and other users may submit feedback, notes, text, graphics, photos, videos, material, information, comments, messages, ideas, concepts, know-how, techniques, or other communications You transmit, upload, or post to the Service (“User Submissions”) and the Service may permit the hosting, sharing, and/or publishing of such User Submissions. For instance, users can post text, photos, and images. Dokichat welcomes Your comments and suggestions. However, except for any personal information We may collect from You pursuant to Our Privacy Policy, User Submissions will be considered non-confidential and non-proprietary. You understand that whether or not such User Submissions are published or posted, Dokichat (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.
You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. Dokichat does not claim ownership of any of Your User Submissions. However, by submitting the User Submissions to Dokichat, You hereby grant Dokichat and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Service and Dokichat’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any form and media formats and through any media channels. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free license to access Your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under these Terms of Service. You also agree that immediately upon the creation by or on behalf of Dokichat, its affiliates, successors, or assigns, of any derivative works from, modifications, edits, or other changes to the User Submissions (the “Modified Content”), the Modified Content will become the sole and exclusive property of Dokichat, and that We will own the entire right, title, and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by Dokichat in its sole discretion. You hereby grant, assign, transfer, and convey any and all right, title, or interest You have or may be deemed to have in and to the Modified Content to Dokichat.
In connection with User Submissions, You represent and warrant that You will not: (1) transmit, submit, or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to transmit, submit, or post the material and to grant Dokichat all of the license rights granted herein; (2) publish falsehoods or misrepresentations that could damage Dokichat or any third party; (3) transmit, submit, or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (4) transmit, submit, or post material that is otherwise inappropriate. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your transmitting, posting or submitting User Submissions. DOKICHAT does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the DOKICHAT parties expressly disclaim any and all liability in connection with User Submissions. Dokichat does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Service, and Dokichat will remove all Content (including User Submissions) if properly notified that such Content or User Submission infringes on another’s rights. Dokichat will not necessarily monitor User Submissions. However, Dokichat reserves the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason. Dokichat also reserves sole discretion to decide whether any Content (including a User Submission) is appropriate and complies with these Terms of Service.
You understand that when using the Service, You will be exposed to User Submissions from a variety of sources, and that Dokichat is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE DOKICHAT PARTIES WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE DOKICHAT PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.
Dokichat may, at its sole discretion, disable, partially disable, or terminate the accounts of any users who violate these Terms of Service , including, but not limited to, the accounts of (1) users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly, (2) users who fail to pay applicable fees for use of the Service, (3) users who provide false or inaccurate information; (4) users who breach these TERMS OF SERVICE including any warranties; (5) users who violate our policies on adult nudity and sexual activity or any other Community Guideline; and (6) users who misuse or challenge Dokichat’s rights in the Content.
In Your use of the Service, You will comply with Dokichat’s Terms of Service. In Your use of the Service, You will not:
use the Service for any purpose other than for using the features we intentionally make available to You; copy, download or distribute any part of the Service (except for the text from your own chats with characters you created) in any form or medium without the prior written authorization of Dokichat; alter, modify or make derivative works from any part of the Service without the prior written authorization of Dokichat;
esell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to You under these TERMS OF SERVICE, the Service or any Content, in whole or in part; modify, copy, distribute, download, scrape, use to train software or artificial intelligence, or transmit in any form or by any means any Content from the Service other than Your content which You legally post on, through or in connection with the Service and other than the text from your own chats with characters you created.
provide false personal information or create an account for anyone other than Yourself without permission; show another person in an image without their permission;
create another account without our permission, if we have disabled Your account;
share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;
assign or transfer Your account or login information to anyone;
use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent; Is illegal in anyway oradvocates, depicts, or promotes illegal activity of any kind； Promotes or constitutes any form of human trafficking； Depicts sexualized minors, as defined by individuals under the age of 18； Gore, bestiality, or sexual violence； Solicits or shares private information about an individual ("doxing")； That violates any third-party, intellectual property or proprietary rights.； Engages in intimidation, bullying, or provokes others into similar behavior； post, transmit or submit any confidential (including social security or alternate national identity numbers, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law; Contains inflammatory or hate speech, including content promoting violent extremism or political agitation； Illustrates, extols, incites, advocates, or backs terrorism or acts or individuals involved in violent extremism； Showcases, encourages, or illustrates acts of self-harm or suicide； Constitutes spam, deceptive content, or misinformation； Promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual； Circumvents or conveys information on how to bypass moderation controls or any other security features； Includes self-promotion, promotion of other tools or services, repeated irrelevant or inappropriate messages (spam)； upload, transmit, or distribute to or through the Platform & Communities any software intended to damage or alter a computer system or data; send through the Platform & Communities unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; use the Platform & Communities to harvest, collect, gather or assemble information or data regarding other users without their consent; interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform & Communities, or violate the regulations, policies or procedures of such networks; attempt to gain unauthorized access to the Platform & Communities, whether through password mining or any other means; harass or interfere with any other user's use and enjoyment of the Platform & Communities; facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize; impersonate or misrepresent any person or entity or Your affiliation with someone else; solicit other users to join, become members of, or contribute money to any online service or organization other than Dokichat; We reserve the right to review any Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Content, terminating your Account, and/or reporting you to law enforcement authorities. If you provide us with any feedback or suggestions regarding the Platform & Communities, you hereby assign to Dokichat all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we believe appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree to indemnify and hold us and our officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of:
1. your use of the Platform & Communities
2. your violation of these Terms,
3. your violation of applicable laws or regulations, or
4. your Content.
We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of us. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Content You Submit. When you submit Content to the Services, you represent and warrant that you own all right, title and interest in and to that Content (including, without limitation, all copyrights and rights of publicity), or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services for the uses contemplated in these Terms. When you submit such Content, you retain whatever ownership rights in that Content you had to begin with. You grant Dokichat, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize and otherwise use the Content for any Dokichat-related purpose in any form, medium or technology now known or later developed, including without limitation to operate, improve and provide the Services. You agree that these rights and licenses include a right for Dokichat to make the Content available to, and pass these rights along to, others with whom we have contractual relationships, and to otherwise permit access to or disclose the Content to third parties if we determine such access is or may be necessary or appropriate. While we’re not required to do so, we may access, review, screen, edit, modify and delete your Content at any time and for any reason, including to provide and develop the Services or if we think the Content violates these Terms or any applicable laws.
Characters & Generations. When you create an automated AI character ("Character") using the Services in accordance with these Terms, then as between you and Dokichat, you own all rights in that Character. As between you and Dokichat, you also own any text, images, audio, or video the Character generates ("Generations") that are elicited by you. You grant Dokichat, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize and otherwise use the Character and all Generations elicited by you for any purpose in any form, medium or technology now known or later developed, including but not limited to (i) facilitating other users’ ability to interact with the Character and elicit Generations, and (ii) promoting the Services on- or off-platform.
When you interact with a Character created by Dokichat or created by another user who utilized the Services in accordance with the then-applicable Terms, then you own Generations that are elicited by you from such Character (but not the Character itself or other Generations or other Content, all of which will remain owned by Dokichat or the other third-party owner(s) thereof, as applicable). You grant Dokichat, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize and otherwise use the Generations elicited by you for any purpose in any form, medium or technology now known or later developed, including but not limited to (i) facilitating other users’ ability to interact with the Character and elicit Generations, and (ii) promoting the Services on- or off-platform.
Services Content, Software and Trademarks. You acknowledge and agree that the Services may contain content or features protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar automated data gathering or extraction methods. If you are blocked by us from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or content on the Services other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by us. The Dokichat name and logos are trademarks of Dokichat (collectively the “Dokichat Trademarks”). Other trademarks used and displayed via the Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Dokichat. Nothing in these Terms or the Services should be construed as granting any license or right to use any of Dokichat Trademarks without our prior written permission in each instance. All goodwill generated from the use of Dokichat Trademarks will inure to our exclusive benefit.
Third Party Material. Under no circumstances will Dokichat be liable for any content or materials of any third parties, including Characters created by third parties and any resulting Generations. This includes, but is not limited to, infringement of intellectual property rights, errors or omissions in any content, and any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content and that AI-generated chats, by their nature, are unpredictable and may produce Generations that are inaccurate or offensive. You agree that you must evaluate, and bear all risks associated with, the use of any Content or Generations. You should not rely on the accuracy or completeness of statements made in Content or Generations, and if you do so, you acknowledge that it is at your own risk. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse or remove any content (including Content, Characters and Generations) that is available via the Services. Without limiting the foregoing, we have the right to remove any content that violates these Terms or is deemed otherwise objectionable by us, in our sole discretion.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services provided by you to Dokichat are non-confidential, and that we are entitled to use and disseminate them for any purpose, without acknowledgment of or compensation to you. You acknowledge and agree that we may preserve content and metadata in compliance with applicable law and our Privacy Policy. You acknowledge and agree that we may disclose content and/or metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Dokichat, its users and the public.
Dokichat takes no responsibility for advertisements or any third-party material posted on or transmitted through the Service, nor does it take any responsibility for the products or services provided by advertisers or other Content on the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that Dokichat is not liable for any loss or claim that You may have against an Advertiser. YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE DOKICHAT PARTIES, APPLE, AND GOOGLE FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH PROS, ADVERTISERS, OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
If You are an intellectual property owner or an agent thereof and believe that either (1) any Content or User Submissions on the Service or (2) any material or activity contained on an online location to which Dokichat has referred or linked users, infringes upon Your intellectual property rights, 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) and 512(d) for further detail): 1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service; 3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link); 4. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an email address; 5. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notification pursuant to the DMCA should be submitted to: 1111B S Governors Ave STE 20376,Dover, DE 19904, Delaware Phone: +1(909)281-0402 Email: devadmin@dreamintelli.co You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Emails or notices sent to Dokichat without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.
Dokichat responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging. Dokichat Please be aware that celebrities, and sometimes others, may have a "right of publicity," which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although You may be a fan, You risk infringing celebrity rights if You use a celebrity name or likeness on the Service and You do not have the celebrity's permission. If You are a trademark owner or a celebrity and You believe Your rights have been infringed on the Service, please submit a notification of infringement to our agent. To submit a notification, You be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity. When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Service where You believe the infringement is occurring.
Occasionally there may be information on the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted Your registration). WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION ON THE SERVICE OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Before becoming a member of the Service carefully review the financial terms and other policies and documents. We will not issue refunds of usage fees. You agree that You will not dispute or otherwise seek a "chargeback" from the company whose credit card You used to pay fees on the Service, except in the case of fraud. Should You do so, Dokichat may, in its sole discretion, refuse to honor pending and future transactions or entries made from all credit card accounts or online accounts on which such chargebacks have been made and may prohibit all persons or businesses in whose name the credit card accounts exist and any person or business who accesses any associated online account or credit card or who otherwise breaches this provision from using the Service.
Your use of the Services is at your sole risk. The site is provided on an “AS IS” and “AS AVAILABLE” basis. Dokichat expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Dokichat makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Services will be accurate or reliable.
You understand and agree that Dokichat will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or damages for loss of profits including but not limited to damages for loss of goodwill, use, data or other intangible losses (even if Dokichat has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Services; (ii) your access, use, creation of, or interaction with any Content, Character or Generations; (iii) your sharing with any third party of any Content, Character or Generations; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party (including users) on the Services; or (vi) any other matter relating to the Services. In no event will Dokichat’s total liability to you for all damages, losses or causes of action exceed the greater of: (i) $100; or (ii) the amount you paid Dokichat (if any) in connection with your use of the Services.
YOU ACKNOWLEDGE AND AGREE THAT DOKICHAT HAS OFFERED ITS SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE DOKICHAT PARTIES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DOKICHAT. DOKICHAT WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
If You violate these TERMS OF SERVICE, We may seek injunctive relief or other equitable relief.
The TERMS OF SERVICE, and any rights and licenses granted hereunder, may be transferred or assigned by You only with Dokichat’s prior written consent, but may be assigned by Dokichat without restriction and without notice to You.
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
If Dokichat has to provide information in response to a subpoena related to Your account, then we may charge You for our costs. These costs may include attorney and employee time spent retrieving records, preparing documents, and participating in a deposition.
Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States and the country in which You reside.
These TERMS OF SERVICE constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these TERMS OF SERVICE is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these TERMS OF SERVICE, so that these TERMS OF SERVICE shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these TERMS OF SERVICE by a representation other than those expressly set out in these TERMS OF SERVICE.
Dokichat and You do not intend to confer, and these TERMS OF SERVICE will not be construed as conferring, any right, remedy, obligation or liability of any kind on any person other than Dokichat, You, and each party’s successors and assigns. No modification, alteration or waiver of any of the provisions of these TERMS OF SERVICE will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these TERMS OF SERVICE shall be deemed a further or continuing waiver of such term or any other term, and Dokichat’s failure to assert any right or provision under these TERMS OF SERVICE shall not constitute a waiver of such right or provision. You agree that the Service shall be deemed solely based in Delaware, United States of America and the Service shall be deemed a passive Service that does not give rise to personal jurisdiction over the Dokichat Parties in jurisdictions other than Delaware. These TERMS OF SERVICE are governed by United States and Delaware law, without regard to conflict of law provisions, and the Parties submit to the exclusive jurisdiction of the state and federal courts of New Castle County, Delaware in relation to any dispute between them arising out of the subject matter of these TERMS OF SERVICE.
If you have any questions about our Services, or to report any violations of these Terms, please contact us at devadmin@dreamintelli.co.