The following sets forth Almost Friends’s Terms of Use. We know how tempting it is to skip these Terms of Use, but it’s important to establish what you can expect from us as you use Almost Friends’s Service, and what we expect from you. The Terms of Use is a binding legal document, and you are required to read and accept it in full in order to use our Service.
Welcome, and thank you for your interest in Almost Friends (almostfriends.ai). (“Almost Friends,” “we,” or “us”) and our website at almostfriends.ai, along with our related websites, networks, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Use are a legally binding contract between you and Almost Friends regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ALMOST FRIENDS’S PRIVACY POLICY https://almostfriends.ai/privacy-policy AND ANY ADDITIONAL TERMS AND POLICIES ALMOST FRIENDS MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE “TERMS"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND ALMOST FRIENDS’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY ALMOST FRIENDS AND BY YOU TO BE BOUND BY THESE TERMS.Arbitration NOTICE. Except for certain kinds of disputes described in Section 14, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND ALMOST FRIENDS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1.1 Service Overview.
The Service provides a social media management and monitoring tool that enables users to search for posts, comments relevent with their activity, brand or products, release posts on social platforms at a scheduled time, in addition to other design and analytics tools to help bolster users’ social media content.
1.2 Modification of the Service
Almost Friends reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Almost Friends will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. Service fees are not refundable. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.
You must be at least 18-years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18-years old; (b) you have not previously been suspended or removed from the applicable Service; and (c) your registration and your use of the Service is in compliance with any and all laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at hello@almostfriends.ai.
Some features of the Service may require you to pay fees upon registering for the applicable subscription. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars or in Euro and are non-refundable unless otherwise specifically provided for in these Terms. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
4.1 Price
Almost Friends reserves the right to determine pricing for the Service, to publish or not publish pricing information on our website. If you cancel your subscription you may forego your current price. If you reactivate at a later date, the pricing may have changed. Almost Friends may change fees for any feature of the Service. Almost Friends, at its sole discretion, may make promotional offers with different features and different pricing to any of Almost Friends’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Quotes provided for our Service are subject to change at any time.
4.2 Authorization
You authorize Almost Friends to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Almost Friends, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Almost Friends may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3 Subscription Service
The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Almost Friends and its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Almost Friends or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your account settings at: https://app.almostfriends.ai/account and clicking on the "Cancel Plan" option or by contacting us at: hello@almostfriends.ai. Your cancellation must be received before the renewal date in order to avoid charge for the next subscription period.
4.4 Delinquent Accounts
Almost Friends may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.
5.1 Limited License
Subject to your complete and ongoing compliance with these Terms, Almost Friends grants you, solely for your a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service.
5.2 License Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.5.3 Feedback
We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Almost Friends an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.6. Ownership; Proprietary Rights
The Service is owned and operated by Almost Friends. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, domain names, templates, and all other elements of the Service provided by Almost Friends (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Almost Friends or its third-party licensors. Except as expressly authorized by Almost Friends, you may not make use of the Materials. There are no implied licenses in these Terms and Almost Friends reserves all rights to the Materials not granted expressly in these Terms. With respect any domain name that you create or provide for your Start Page using the Start Page feature made available to you through the Services (“Start Page Domain Name”), you acknowledge that Almost Friends owns such Start Page Domain Name and all intellectual property rights herein. If you include any trade mark, trade name, or service mark (“User Mark”) in your Start Page Domain Name, you hereby grant to Almost Friends a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to display, reproduce, and otherwise use your User Mark for any purposes related to our Services.
7.1 Third Party Services and Linked Websites
Almost Friends may provide tools through the Service that enable you to import and export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as Twitter, Youtube or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize Almost Friends to transfer that information to and from the applicable third-party service. Third-party services are not under Almost Friends’s control, and Almost Friends, to the fullest extent permitted by law, is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Almost Friends’s control, and Almost Friends is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Almost Friends will have no control over the information that has been shared.
7.2 Third-Party Software
The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
7.3 Terms Specific to AI Features
Without limiting the generality of Section 7.1 above, the following terms apply to AI Features, which include comments suggestion, posts suggestion, posts analysis, comments analysis, of any kind of social medias content, by our Artificial Intelligence software, or a Third Party service:
You acknowledge and agree that (a) parts of the website, notably comment and post suggestions interfaces with certain third party services (including GPT-3 provided by OpenAI) and may provide output, content, suggestions, or other materials generated or produced by such third party services in response to your input (“Artificial Intelligence Features Output” or “AI Features Output”); (b) AI Features Output constitutes your User Content; and (c) your use of the AI Features Output must comply with these Terms and any applicable third party terms.
We may impose limits on your use of website as specified by us on the Service (“Usage Limit”). For example, we may allocate Almost Friends credits to you based on your subscription level and number of connected channels. You will not exceed any Usage Limit without our prior approval, and we reserve the right to suspend or block your access to AI Features or to the Service in the event you are in violation of any of these Terms.
By accessing or using AI Features, you acknowledge OpenAI’s privacy policy at https://openai.com/privacy/ , hereby agree to the following terms of OpenAI, which are incorporated into these Terms by reference:
a. OpenAI Terms of Service available at: https://openai.com/terms/
b. OpenAI Sharing and Publication Policy available
at: https://openai.com/api/policies/sharing-publication/
Please carefully review any AI Features Output before using it as part of your social media post.
ALMOST FRIENDS DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR, ANY AI Features Output GENERATED BY THIRD PARTY SERVICES AND HEREBY DISCLAIMS ANY AND ALL LIABILITY RELATED THERETO. YOUR USE AI Features AND AI Features Output IS AT YOUR OWN RISK.
8.1 User Content Generally
Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to or via the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service subject to the licenses granted in these Terms.
8.2 Limited License Grant to Almost Friends
By Posting User Content to or via the Service, you grant Almost Friends a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Almost Friends’s exercise of the license set forth in this Section.8.3 Specific Rules for Photographs and Images
If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including, by way of example and not limitation, the Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
8.4 Specific Rules for Musical Works and Recording Artists
If you are a composer or author of a musical work and have granted non-exclusive rights to a Performing Rights Organization (“PRO”), then you must notify your PRO of the royalty-free license you grant through these Terms to Almost Friends. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher or a PRO, then you must obtain the consent of that music publisher or PRO to grant the royalty-free license(s) set forth in these Terms or have that music publisher or PRO enter into these Terms with Almost Friends. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant Almost Friends the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you have to your record label, including if you create any new recordings through the Service that may be claimed by your label. Finally, if you wish to perform a cover song and Post it to the Service, you are responsible for securing all rights in and to the underlying musical work before Posting your recording or performance of that musical work to the Service.8.5 User Content Representations and Warranties
You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Almost Friends disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
you are the creator and owner of the User Content, including the User Mark, or have the necessary licenses, rights, consents, and permissions to authorize Almost Friends and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Almost Friends, the Service, and these Terms;
your User Content, and the Posting or other use of your User Content, including the User Mark, as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Almost Friends to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties;
your User Content does not contain (i) language that incites or leads to physical violence or causes emotional harm towards a community that is historically marginalized; (ii) content that clearly aims to undermine or invalidate the experience of a community that is historically marginalized; (iii) content aimed to incite violence, lead to physical or emotional harm, hate, abuse, or the spread of false information; and (iv) false information which we determine is dangerous and can lead to violence, harm, severe illness, and/or death, including:
your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; and
your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment. The following serves as a guide to help illustrate generally the types of content that fall within the scope of Almost Friends’s policy on Hateful Content, Threats of Physical Harm, and Harassment, but is not exhaustive. This Section does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Content may not include, and Almost Friends may remove or refuse to publish or promote any User Content that violates the terms or policies of any third party platform with which Almost Friends’s Services integrate or interoperate.
Hateful Content includes:
Any statement, image, photograph, or other content that in our sole judgment could be reasonably perceived to harm, threaten, demean, promote the harassment of, promote the intimidation of, or promote the abuse of others for any reason, including by reason of race, gender or gender identity, national origin, sexual orientation, religion, or otherwise.
A Threat of Physical Harm includes:
Any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others, including references to current or historical figures or groups that are known for purporting such content, such as the Ku Klux Klan, Nazi Party, and the like.
Harassment includes:
Revealing someone’s personal information, also known as “doxxing”. Online stalking, and bullying. Wishes for physical harm directed at a person or persons. Incitement of others to any of the previous items.
We reserve the right to suspend or terminate accounts and remove individual posts which contain Hateful Content, a Threat of Physical Harm, or Harassment.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content, Harassment, or A Threat of Physical Harm. A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content, Harassment, or A Threat of Physical Harm.
Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.8.6 User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Almost Friends may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Almost Friends with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Almost Friends does not permit infringing activities on the Service.
8.7 Monitoring Content
Almost Friends does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Almost Friends reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Almost Friends chooses to monitor the content, then Almost Friends still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. Almost Friends may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.
BY USING THE SERVICE, YOU AGREE NOT TO:
use the Service for any illegal purpose or in violation of any local, state, national, or international law; harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service; violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Almost Friends; interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; modify or create derivatives of any part of the Service; interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identify, accessing any other Service account without permission, or falsifying your age or date of birth; take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service of Almost Friends’s systems or networks, or any systems or networks connected to the Service or Almost Friends; sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or attempt to do any of the acts described in this Section 9 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 9 (Prohibited Conduct).
10.1 Respect of Third Party Rights
Almost Friends respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
10.2 Copyright Notification
Any claim related to copyright can be addressed at the following address:
FABCO
Attn: Legal Department (IP Notification)
6 rue de la pique
31880, La Salvetat
France
Email: legal@almostfriends.ai OR hello@almostfriends.ai
10.3 Procedure for Reporting Claimed Infringement
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; a description of the copyrighted work or other intellectual property right that you claim has been infringed; a description of the material that you claim is infringing and where it is located on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
10.4 Repeat Infringers
Almost Friends’s policy is to: (a) remove or disable access to material that Almost Friends believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Almost Friends will terminate the accounts of users that are determined by Almost Friends to be repeat infringers. Almost Friends reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
10.5 Counter Notification
If you receive a notification from Almost Friends that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Almost Friends with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to the Designated Agent through one of the methods identified in Section 10.2 (DMCA Notification), and include substantially the following information:
your physical or electronic signature; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which may be found, and that you will accept service of process from the person who provided notification under the Section 10.2 (DMCA Notification)above or an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
10.6 Reposting of Content Subject to a Counter Notification.
If you submit a Counter Notification in response to a Notification of Claimed Infringement, then Almost Friends will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Almost Friends will replace the removed User Content or cease disabling access to it in 10 business days, and Almost Friends will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Almost Friends’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Almost Friends’s system or network.
10.7 False Notifications of Claimed Infringement or Counter Notifications.
The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Almost Friends relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Almost Friends reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
11.1 Term
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in this section (Termination).
11.2 Termination
If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Almost Friends may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time as provided in Section 1 (Subscription Service) or by contacting customer service at hello@almostfriends.ai.
11.3 Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Almost Friends any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5 & 6 (License Restrictions; Ownership; Proprietary Rights), 11.3 (Effect of Termination), 12 (Indemnity; Disclaimers; Limitation of Liability), 14 (Dispute Resolution and Arbitration), and 15 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Almost Friends, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Almost Friends Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right (specifically, any violation of third-party’s trademark rights by your Start Page Domain Name) or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.13. Disclaimers; No Warranties by Almost Friends
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ALMOST FRIENDS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ALMOST FRIENDS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ALMOST FRIENDS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ALMOST FRIENDS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ALMOST FRIENDS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW and does not disclaim any warranty or other right that Almost Friends is prohibited from disclaiming under applicable law.
13.1 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ALMOST FRIENDS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ALMOST FRIENDS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN ARBITRATION PROVISIONS AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ALMOST FRIENDS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO ALMOST FRIENDS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.14. Dispute Resolution and Arbitration
14.1 Generally
In the interest of resolving disputes between you and Almost Friends in the most expedient and cost effective manner, and except as described in the Arbitration provisions, you and Almost Friends agree that every dispute arising in connection with these Terms, the Service, and communications from us will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the Service, or any communications to or from us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ALMOST FRIENDS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14.2 Exceptions
Despite the provisions of 14.1 (Generally) above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
15.1 General Terms
These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Almost Friends regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 8, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. You can find an archive of all Almost Friends’s prior terms at https://almostfriends.ai/terms-of-use
16.1 Privacy Policy
Please read the Almost Friends Privacy Policy at https://almostfriends.ai/privacy-policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
16.2 Additional Terms
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
16.3 Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
16.4 Contact Information
The Service is offered by FABCO, located at 6 rue de la pique, 31880 La Salvetat, France. You may contact us by sending correspondence to that address or by emailing us at hello@almostfriends.ai.
16.5 No Support
Except for otherwise provided separately to you, all support is provided at Almost Friends’s discretion and will subject to Almost Friends’s published polices.