Terms of Use and End User License Agreement

Last updated: April 2026

I. INTRODUCTION

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and AIBY Inc. (“we,” “us” or “our”) concerning your access to and use of the website, available at https://chaton.ai (the “Website”).

All the documents that relate to the Website are hereby expressly incorporated herein by reference.

Please read this Agreement carefully before you start using the Website.

It is important that you read and understand this Agreement. By using the Website you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date you start using the Website.

If you do not accept this Agreement, or if you do not agree with at least one of its provisions, you may not access or use the Website.

Please note that subsections “USER CONTENT”, “THIRD PARTIES’ MATERIALS AND TECHNOLOGIES INTEGRATED INTO THE WEBSITE” of the Section VI and user content restrictions in Section VII apply to your use of the Website only if you choose to try the browser version of ChatOn mobile app at https://chat.chaton.ai/ by clicking the Sign In / Sign Up button available on the Website (“ChatOn Web”).

II. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be deemed to have accepted the changes in any revised Agreement by your continued use of the Website after the date such revised Agreement is posted.

III. RESTRICTIONS ON WHO CAN USE THE WEBSITE

In order to access and/or use the Website, you must reach the age of majority or legal age in your applicable jurisdiction (i. e. in most jurisdictions you must be at least eighteen (18) years of age or older.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian in order for them to use the Website. Therefore, if you are between the ages of thirteen (13) and seventeen (17) and you wish to access and/or use the Website, before doing anything of the above you must: (a) ensure that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement prior to you using the Website; (b) have the power to enter into a binding agreement with us under the applicable law.

Parents and guardians must directly supervise any use of the Website by minors. It is the sole responsibility of parents and guardians to prevent any unauthorized, irrelevant, indecent and/or immoral use of the Website by their minors who have not reached the age of majority or legal age in the applicable jurisdiction.

Any person under the age of thirteen (13) is not permitted to access and/or use the Website.

You confirm that you have either reached the age of majority or legal age in the applicable jurisdiction (at least you are older than eighteen (18) years of age), or that you are an emancipated minor, or you possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

IV. GENERAL TERMS

The Website is developed for general information and promotional purposes. The Website provides information about ChatOn Web (description of its functionalities, subscription plans, etc.) and gives the user an opportunity to try ChatOn Web, which offers tools based on Artificial Intelligence models and technologies that allow you to chat with Artificial Intelligence and get answers to your questions. ChatOn Web also allows the user to purchase subscriptions.

You agree not to use the Website for any illegal, inappropriate or unauthorized purpose or activity.

V. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to and use of the Website are subject to the Privacy Policy. By accessing and/or using the Website, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the Website. Please read our Privacy Policy carefully CLICK HERE.

VI. END USER LICENSE AGREEMENT. RULES AND REGULATIONS APPLICABLE TO USER CONTENT

INTELLECTUAL PROPERTY RIGHTS RELATED TO THE WEBSITE

Note that this subsection “INTELLECTUAL PROPERTY RIGHTS RELATED TO THE WEBSITE” does not apply to User Content (as defined below in this Agreement). The license terms and other regulations regarding User Content are set forth in this Section VI below under the subtitle “USER CONTENT”.

By using the Website, you undertake to respect our intellectual rights (intellectual rights related to the Website’s source code, graphic design, user interface, look and feel of the Website, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.

As long as you keep using the Website, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the Website pursuant to this Agreement (the “License”).

You may use our Website solely for your own non-commercial purposes. You are bound to respect the copyrighted and trademarked material within the Website.

The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (the “Works”) as well as names, logos and trademarks (“Means of individualization”) within the Website are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contractors, as the case may be.

These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.

All right, title and interest in and to the Website and its content, the Works and Means of individualization as well as its functionalities (1) are the exclusive property of AIBY Inc. and/or our partners and/or contractors, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the License herewithin.

We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names displayed on the Website or mentioned herein may also be the trademarks of their respective owners.

USER CONTENT

The Website allows you to submit text (the “Input Content”) and generate new original content based on it using AI (the “Output Content”). For the purposes of this Agreement, the term “User Content” explicitly includes both Input and Output Content. WE DO NOT CLAIM ANY OWNERSHIP RIGHTS OVER YOUR USER CONTENT. YOU RETAIN ALL RIGHTS TO YOUR USER CONTENT AND MAY USE IT COMMERCIALLY. This means that you can do whatever you like with your Input and Output Content - to publish it, to incorporate it into other works, to print in any medium, to replicate, to distribute, to profit from the sale of copies of any products containing the Input and Output Content or to get benefit from the use of a digital version of the content.

Please note that the data displayed in Output Content should not be relied upon without independently checking their accuracy, as they may be false, incomplete, misleading or can not reflect recent events or information.

You acknowledge that Output Content may not be unique and other users may receive similar content from the Website. Responses that are requested by and generated for other users are not considered your Output Content.

You assume and bear all the risks related to your use of User Content. It is your sole responsibility to ensure compliance with the applicable laws while using User Content.

You are responsible for all Input Content and represent and warrant that you have all rights, licenses, and permissions required to upload Input Content to the Website. Before you upload your Input Content make sure that such content:

• belongs to you or you have otherwise obtained the right to use it in the way that is technically allowed by the Website;
• is legally and socially acceptable and does not go against public order;
• does not infringe any third party’s rights, including the copyright and the right to privacy.

Please examine Section VII for more details.

Note that a set of prohibitions and restrictions apply with respect to both Input and Output Content.

Your compliance with the terms of Section VII is crucial. Your failure to comply with the terms of Section VII may result in termination of your access to the Website and/or lead to other negative consequences.

THIRD PARTIES’ MATERIALS AND TECHNOLOGIES INTEGRATED INTO THE WEBSITE

The Website provides the functionality that allows a user to generate content by accessing various third-party LLMs and AI technologies. This functionality is delivered by using official APIs in strict adherence to official service terms and policies established by the respective third-party developers and/or providers.

AIBY Inc. operates and controls the Website exclusively as an independent web-based product. This Website is not affiliated with, endorsed by, or sponsored by the developers or providers of LLMs and AI technologies, including but not limited to Anthropic, PBC, OpenAI, L.L.C., Perplexity AI, Inc.

The Website is using OpenAI API available at https://developers.openai.com/api/reference/overview and Perlplexity Sonar API available at https://sonar.perplexity.ai/. You may obtain a copy of API TERMS & POLICIES at https://openai.com/api/policies/service-terms/ and Perplexity API Terms of Service at https://www.perplexity.ai/hub/legal/perplexity-api-terms-of-service/.

Due to the fact that we use OpenAI API for the purpose of processing and creation of AI-generated User Content, you hereby agree to be bound by and comply with the terms of OpenAI Sharing & Publication Policy while any sharing and/or publication of User Content. You also agree to be bound by and comply with the Restrictions outlined in Section 2 of the Perplexity API Terms of Service, available at:
https://www.perplexity.ai/hub/legal/perplexity-api-terms-of-service/.

For the purposes of the present Agreement the term “User Content” includes both the text you enter into the message field and send to the Website, as well as any text, other content generated by AI via the Website.

VII. PROHIBITED BEHAVIOR

Prohibited Use of the Website

You agree not to use the Website in any way that:

• is unlawful, illegal or unauthorized;
• is defamatory of any other person;
• is obscene or offensive;
• infringes any copyright, database right or trademark of any other person;
• advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;
• interferes with, disrupts, or adversely affects the integrity, security, or performance of the Website or its underlying systems; and
• you shall not make the Website available to any third parties;
• you shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the Website or any documentation concerning the App;
• you shall not transfer, lend, rent, lease, distribute the Website, or use it for providing services to any third party, or grant any rights to the Website or any documentation concerning the Website to any third party.

Prohibited User Content

You are not allowed to upload, enter, create, generate via the Website, share, distribute the following types of User Content:

• content that expresses, incites, promotes or otherwise facilitates hate based on identity including race, ethnicity, nationality, gender, sexual orientation, disability, or similar status;
• content that intends to harass, threaten, or bully an individual or group;
• content that promotes or glorifies violence or celebrates the suffering or humiliation of others;
• content that promotes, encourages, provides instructions for, or depicts acts of self-harm, such as suicide, cutting, and eating disorders;
• content meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness);
• content that includes intimate or sexually explicit images of any person without their explicit consent;
• content that is likely to mislead others into believing it is human-generated or created by a real person when it is not. Follow OpenAI Sharing & Publication Policy (https://openai.com/policies/sharing-publication-policy) for rules applicable to sharing of AI-based content;
• content attempting to influence the political process or to be used for campaigning purposes;
• unsolicited bulk contents;
• content that is false or misleading, such as attempting to defraud individuals or spread disinformation;
• content that attempts to generate ransomware, keyloggers, viruses, or other software intended to impose some level of harm;
• that may reasonably be considered to be illegal, defamatory, libelous, immoral, harmful, misleading, deceptive, fraudulent, indecent, hateful, racially or religiously biased or offensive, slanderous, obscene, pornographic, sexually explicit, or that encourage anyone to violate any local, state, national or international law.

Child Safety

We maintain a zero-tolerance policy regarding any content that harms, exploits, or endangers minors. For the purposes of these Terms, a minor is defined as any individual under the age of 18, regardless of local jurisdiction.

You are expressly prohibited from using the Website to upload, request, generate, or distribute any content that:

• involves Child Sexual Abuse Material (CSAM) in any form, including AI-generated, fictional, or digital depictions of minors in sexual contexts;
• facilitates or promotes human trafficking, sextortion, physical abuse, or any other form of exploitation of a minor;
• facilitates minor grooming, including generating content designed to impersonate a minor or target children for harmful interactions;
• fetishizes or sexualizes minors, including through fictional scenarios, sexualized descriptions, or engaging in prohibited roleplay with the AI model;
• provides instructions for committing, concealing, or promoting acts of child abuse or self-harm involving minors.

We and our service providers implement measures to detect, prevent, and address CSAM and related forms of child exploitation or abuse. Where we or our service providers detect or reasonably suspect a violation of this section, we may take appropriate enforcement actions, including removal of content, suspension or termination of your account and reporting to the relevant authorities where required by applicable law.

We may also cooperate with and assist our service providers and relevant law enforcement or regulatory authorities in connection with the investigation, prevention, or reporting of such content to authorities, and such service providers may independently report or take action where required by applicable law.

Privacy

You must not use the Website to violate the privacy rights of others. This includes but is not limited to using another person’s name, likeness, voice, home address, phone number, identity documents, or other personal attributes without their consent, or misusing personal information in a way that could reasonably infringe on their privacy or confidentiality. You are also prohibited from soliciting sensitive data such as health or biometric information or deceiving others by presenting AI-generated content as being authored by or interacting with a natural person.

Intellectual Property

It is strictly prohibited to use any copyrighted and/or trademarked materials as Input content or when you enter any other data while using the Website.

You also shall not misuse any trademarks or other proprietary content displayed in or through the Website. You shall not copy, reproduce, duplicate, distribute, publish, or otherwise use any content from the Website, whether directly or indirectly, in violation of our or any third party’s intellectual property rights.

Compliance with Provider’s Policies

By using the Website, you agree to comply not only with these Terms but also with the usage policies, acceptable use standards established by our third-party service providers. You are prohibited from using the Website in any manner that violates the following terms:

• OpenAI Usage Policies: OpenAI Usage Policies
• Anthropic API: Anthropic Consumer Terms & Usage Policy
• Gemini API by Google: API Documentation
• Perplexity AI: API Terms of Service

Your use of the Website shall also adhere to the territorial restrictions imposed by our providers. You can find the lists of countries and regions where these materials are available for use at:

• OpenAI API Supported countries and territories
• Anthropic API Supported Countries
• Google Gemini API Available Regions

Any breach of the aforementioned third-party policies shall be deemed a material breach of these Terms.

Professional Advice Disclaimer

The Website is not intended to provide any professional advice. You must not rely on the Website for legal, medical, financial, or other professional advice, and you acknowledge that Outputs may be incomplete, inaccurate, and not suitable for decision-making.

Report Violation

If you believe any generated output violates these Terms, you may submit a report for review. To facilitate a prompt investigation, you must be logged into your account when filing a report, this allows us to accurately identify the specific content and session data in question.

Please note that reported content will be removed immediately upon submission. To ensure a proper resolution of your claim, please save all relevant information before filing clicking “submit report”, as the data may become inaccessible once the request is processed.

DMCA

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe that any content generated via the Website infringes your copyright, you may submit a written takedown notice to us via email at [email protected].

To be valid, your notice must meet all requirements of 17 U.S.C. § 512(c)(3), including a detailed description of the copyrighted work and the specific location of the infringing material within the Website. To ensure an accurate resolution, please save all relevant information from the Website before submitting your notice. This data is essential for us to identify and verify the material in question.

Our Enforcement

If we decide you violate our Terms or or service provider’s policies we may take any appropriate measures, including suspension or termination of your account, removal of content, restriction of functionality, initiation of legal proceedings where applicable, and reporting to competent authorities where required by law. You are solely responsible for your use of the Website and for any content uploaded, generated, or otherwise processed through the Website, as well as for any consequences arising from such use.

VIII. AVAILABILITY OF THE WEBSITE, SECURITY AND ACCURACY

In order to use the Website, you are required to have a compatible electronic device (computer, mobile phone or tablet) and Internet access.

We do not warrant that the Website will be compatible with all hardware and software which you may use.

We make no warranty that your access to the Website will be uninterrupted, timely or error-free.

You acknowledge that the Website is provided via the Internet, therefore the quality and availability of the Website may be affected by factors beyond our reasonable control.

Please note that we may add new features to the Website, change, update, upgrade, modify it or anything described on it without notifying you. We may suspend your access to the Website, or close it indefinitely in case we have a valid reason for that.

You also warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it up-to-date at all times.

In case you decide to stop using the Website, you should stop accessing it.

IX. CHARGES

Please note that access to some services and/or additional features within ChatOn Web (“Premium options”) requires paid subscriptions.

The list of Premium options for ChatOn Web is generally provided on the Website.

To learn more about how to cancel your subscription, payment methods, our refund policy, etc. visit our Subscription Terms CLICK HERE.

X. THIRD PARTY WEBSITES AND RESOURCES

The Website may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the Website exists (unless we are the provider of those linked websites or mobile applications). Such linked third party websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.

You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

XI. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE WEBSITE OR ITS SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

As part of our customer support services, we may utilize Artificial Intelligence (AI) tools to assist in answering your inquiries. You will receive an automated AI response only if the message includes a direct disclaimer stating that it was generated by AI. In all other cases, you are communicating with a human support agent. Please be aware that AI-generated support responses are provided for informational and reference purposes only. While we strive for accuracy, AI-generated responses may occasionally be inaccurate, incomplete, or misleading. You should independently verify any critical information provided by the AI support bot. Furthermore, any statements, promises, or resolutions offered by the AI (including, but not limited to, refund approvals or account status changes) do not constitute legally binding commitments or agreements on behalf of us. Additionally, while we employ automated data minimisation and filtering mechanisms to safeguard sensitive information and detect specific triggers (such as requests for a human agent, safety concerns, or indications of a minor), these algorithms may not be entirely error-free. We cannot guarantee the absolute effectiveness of these filters and disclaim any liability arising from the inadvertent processing of sensitive data by AI or any delays/failures in automated escalation to a human agent.

XII. LIMITATION OF LIABILITY. INDEMNIFICATION

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE AND SERVICES PROVIDED BY THE WEBSITE. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD PARTIES AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF THE WEBSITE AND ITS SERVICES IN ANY COUNTRY.

You also acknowledge and agree that your any use of the Website and/or any User Content is at your sole risk. You assume your full responsibility arising out of your use of the Website and/or further sharing and distribution of any User Content. In addition, you hereby agree to hold harmless and indemnify us, our successors, assigns, licensees, partners, affiliates, officers, directors, employees from and against any and all claims, liabilities, complaints, losses, expenses and damages of any kind or nature arising out of your use of the Website, any use of User Content or out of your failure to comply with the terms of the present Agreement.

XIII. LEGAL COMPLIANCE

You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

XIV. GOVERNING LAW AND CLAIMS

Choice of law and choice of forum clauses. The present Agreement shall be governed by and interpreted, construed in accordance with the laws of the state of Florida, USA.

All disputes and claims, suits, causes of action or proceedings between the parties to this Agreement, whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related to this Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by, construed in accordance with substantive and procedural laws of the state of Florida, USA, excluding and without giving effect to its choice of law provisions; and (ii) shall be exclusively decided by the courts of competent jurisdiction of the state of Florida, USA, to the exclusion of other courts and fora.

We make no representations that the Website is appropriate or available for use outside of the USA. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

If you choose to access or use the Website from or in locations outside of the United States, you are responsible for:

a) ensuring that what you are doing in that country is legal; and

b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.

Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Website and the services provided by the Website or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.

XV. TERMINATION

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.

Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Website.

XVI. SEVERABILITY

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

XVII. CONTACT INFORMATION

We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the Website, please contact us via email: [email protected] / [email protected] or our “Contact Us” form available on the Website.