Terms of Use

Last Updated: August 8th, 2024

The following Terms of Use (”Terms”) are an agreement formed between you and AI Waifu. They cover the website available at https://aiwaifu.gg. By accessing and using AI Waifu, you confirm that you are in agreement with and bound by the Terms outlined below. These Terms apply to the entire website and any email or other type of communication between you and AI Waifu.

Under no circumstances shall AI Waifu team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if AI Waifu team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

AI Waifu will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.

If you breach these Terms we may take action against you, including but not limited to terminating your account. You acknowledge that AI Waifu has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account.

Definitions and Key Terms

To help explain things as clearly as possible in this Terms of Use, every time any of the following terms are referenced, are strictly defined as:

  • Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.

  • Company: when this terms mention “Company,” “we,” “us,” or “our,” it refers to AI Waifu, (Corporate Office), that is responsible for your information under this Terms of Use.

  • Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit AI Waifu and use the services.

  • Service: refers to the service provided by AI Waifu as described in the relative terms (if available) and on this platform.

  • Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

  • Website: AI Waifu’s site, which can be accessed via this URL: https://aiwaifu.gg

  • You: a person or entity that is registered with AI Waifu to use the Services.

1. Our Services

1.1 Your Registration Obligations

  1. When you register to use the Services, you agree to provide accurate and complete information about yourself. If you are under 13 years old OR if you are an EU citizen or resident under 16 years old, do not sign up for the Services – you are not authorized to use them.

1.2 Modification of the Service

  1. AI Waifu reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.

1.3 General Practices Regarding Use and Storage

  1. You acknowledge that AI Waifu may establish general practices and limits concerning use of the Services. These may include, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on AI Waifu’s servers on your behalf.

  2. You agree that AI Waifu has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services.

  3. You acknowledge that AI Waifu reserves the right to terminate accounts that are inactive for an extended period of time.

  4. You further acknowledge that AI Waifu reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

1.4 Changes to the Terms of Use

  1. You acknowledge and agree that AI Waifu may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at AI Waifu’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform AI Waifu when you stop using the Service. You acknowledge and agree that if AI Waifu disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

  2. If we decide to change our Terms, we will post those changes on this page, and/or update the Terms’ modification date below.

1.5 Changes to Our Website

  1. AI Waifu may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

  2. Updates may modify or delete certain features and/or functionalities of the website. You agree that AI Waifu has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.

  3. You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.

1.6 Notifications

  1. You consent to receive notifications from us electronically to the e-mail address you provide to us. These notifications may be about your account, changes to our Service, or other updates or marketing relating to our platform.

1.7 Promotions

  1. AI Waifu may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

  2. Additional Terms may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

1.8 Cookies

  1. AI Waifu uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser.

  2. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

1.9 Your Privacy

At AI Waifu, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

2. Payment and In-Game Transactions or Subscriptions

2.1 Payment

  1. Unless otherwise indicated in an order form, you must provide AI Waifu with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition for any purchases made. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider.

  2. By providing AI Waifu with your credit card number and associated payment information, you agree that AI Waifu is authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to AI Waifu hereunder and that no additional notice or consent is required. You agree to immediately notify AI Waifu of any change in your billing address or the credit card used for payment hereunder. AI Waifu reserves the right at any time to change its prices and billing methods, either immediately upon posting on our website or by e-mail delivery to your organization’s administrator(s).

  3. No contract will exist between you and AI Waifu for the Service until AI Waifu accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

  4. You are responsible for any third-party fees that you may incur when using the Service.

2.2 Virtual Money & Virtual Good

  1. AI Waifu offers in-game virtual currency (”Virtual Money”) for the use to purchase virtual items or services expressly available on the website (”Virtual Goods”). You may access and purchase Virtual Goods for your personal, non-commercial use of the Services.

  2. You acknowledge that you do not acquire any ownership rights in or to the Virtual Money or Virtual Goods. Any balance of Virtual Goods or Virtual Money does not reflect any stored value and you agree that Virtual Money and Virtual Goods have no monetary value and do not constitute currency or property of any type. Virtual Money may be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You agree that you will only obtain Virtual Money and/or Virtual Goods from us and through means provided by us, and not from any third party unless expressly authorized.

  3. When you purchase Virtual Money and/or Virtual Goods from an authorized third party, AI Waifu is not a party to the transaction and your purchase will be governed by the third party’s payment terms and conditions. Please review the applicable third party’s terms of service for additional information.

  4. Once you acquire a license to Virtual Money or Virtual Goods, you may not transfer them to another individual or account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, is a violation of these Terms and may result in cancellation of such Virtual Money or Virtual Goods or the termination of your Account.

  5. During the term of your license to your Virtual Money, you may redeem your Virtual Money for selected Virtual Goods. As set forth below, all Virtual Money, Virtual Goods, and other Content is provided “as is,” without any warranty. You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Money or Virtual Goods once the transaction has been made.

  6. Generally, we have the right to offer, modify, eliminate, and/or terminate Virtual Money, Virtual Goods, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Money or Virtual Goods, we will provide you with reasonable advance notice by posting a notice through the Services or through other communications.

2.3 Subscription

  1. AI Waifu may introduce a subscription plan throughout the course of providing the Services

  2. You can become a subscriber to the paid subscription program (”Paid Subscription”) by purchasing a subscription to the Services within the website.

  3. Any of our paid subscriptions shall be paid in monthly instalments and processed by your Payment Provider.

  4. You will only have access to the paid subscription while it is active and subsisting. Should you fail to pay your subscription after the due date, you will automatically downgrade to a basic user plan.

  5. The renewal subscription fees will be continue to be billed to the Payment Method you provided automatically until cancelled. You must cancel your subscripition before it renews each billing period to avoid billing of the next subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period. You can modify or cancel your paid subscription only through your account settings on the website.

3. Intellectual Property Rights

3.1 Service Content, Software, and Trademarks

  1. You acknowledge and agree that the Services may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by AI Waifu, you agree not to, in whole or in part:

    1. License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.

    2. Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.

    3. Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of AI Waifu or its affiliates, partners, suppliers or the licensors of the website.

b. Except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services.

3.2 Third Party Material

  1. Under no circumstances will AI Waifu be liable in any way for any content or materials of any third parties (including users), including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of such content.

  2. You acknowledge that AI Waifu does not pre-screen content, but AI Waifu will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services.

  3. Without limiting the foregoing, AI Waifu will have the right to remove any content that violates these Terms or is deemed by AI Waifu, in its sole discretion, to be objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

3.3 User Content Transmitted Through the Service

3.3.1 Ownership and Warranties

  1. Any text, images, videos, data, or other materials that you create, upload, or generate using our Services shall collectively be referred to as User-Generated Content (”UGC”). You retain complete ownership of all UGC that you produce through our Services, including intellectual property rights and other proprietary rights. To the extent you create derivative works, you own all rights in those derivative works as permissible under applicable law.

  2. With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all rights, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.

  3. By uploading any User Content, you hereby grant and will grant AI Waifu and its affiliated companies a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising, or marketing thereof in any form, medium, or technology now known or later developed.

  4. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions"), provided by you to AI Waifu, are non-confidential and AI Waifu will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that AI Waifu may preserve content and may also disclose content if required to do so by law or in the good faith belief.

  5. You further acknowledge that you, and not AI Waifu, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available through our Services, and that you and other Registered Users of AI Waifu, and not AI Waifu, are similarly responsible for all Content that you and they make available through our Services.

  6. For avoidance of doubt, violations of our Terms unrelated to intellectual property issues does not affect the user's intellectual property rights in any characters or their generations.

3.3.2 Similarity of Content

  1. Due to the machine learning algorithms deployed by AI Waifu, the output generated by the Services may resemble outputs for other users. Such outputs are not considered your exclusive content.

3.3.3 Accuracy of Output

  1. The Services are based on rapidly evolving fields of AI and machine learning. You acknowledge that our outputs may contain inaccuracies or errors. You are responsible for evaluating the accuracy of outputs for your use case.

3.4 Copyright Infringement Notice

AI Waifu respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify AI Waifu of your infringement claim in accordance with the procedure set forth below.

If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright, please contact us at admin@aiwaifu.gg setting forth the following information:

  1. a physical or electronic signature of the copyright owner or a person authorized to act on his behalf;

  2. identification of the material that is claimed to be infringing;

  3. your contact information, including your address, telephone number, and an email;

  4. a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and

  5. a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

3.5 Counter-Notice

  1. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  2. If you believe that your User Content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information us with the following information:

    1. Your physical or electronic signature;

    2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

    3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;

    4. Your name, address, telephone number and email address; and

    5. A statement that you consent to the jurisdiction of the federal court and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

  4. If we receive a counter-notice, we will send a copy of the counter-notice to the original complaining party informing them that we will restore the removed/disabled content within 14 business days unless the original complaining party tells us they have filed a court action relating to the Content.

3.6 Submissions and Privacy

  1. In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of AI Waifu without any compensation or credit to you whatsoever.

  2. AI Waifu and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

4. Third Party Websites

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that AI Waifu shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. AI Waifu does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

5. Social Networking Services

You may enable, connect or log in to the Services via various online third party services, such as social media and social networking services like Twitter, Facebook, Instagram etc ("Social Networking Services"). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and AI Waifu shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, AI Waifu is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, AI Waifu is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. AI Waifu enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

6. Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of AI Waifu and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website.

To the maximum extent permitted by applicable law, in no event shall AI Waifu or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if AI Waifu or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Any activities performed under your Account will be deemed as your own actions and will be subject to the Terms as stipulated in this Agreement.

7. Indemnification and Equitable Relief

7.1 Indemnification

  1. You agree to indemnify and hold AI Waifu and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your:

    1. use of the website, including any UGC or activities under your AI Waifu account;

    2. violation of this Agreement or any law or regulation;

    3. violation of any right of a third party.

7.2 Equitable Relief

  1. You acknowledge that your violation of this Agreement may cause irreparable harm to AI Waifu.

  2. Therefore, AI Waifu shall have the right to seek injunctive or other equitable relief against you in addition to any other legal remedies available. You waive any requirement that AI Waifu post a bond or other security in connection with such relief.

8. Dispute Resolution by Binding Arbitration

8.1 Agreement to Arbitrate

  1. This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR AI Waifu’s INTELLECTUAL PROPERTY RIGHTS. Any dispute, controversies, conflict, or action (”Disputes”) between you and AI Waifu concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Disputes” will be given the broadest possible meaning allowable under law.

8.2 Notice of Dispute

  1. In the event of any and all disputes, you or AI Waifu must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: admin@aiwaifu.gg)

  2. AI Waifu will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and AI Waifu will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or AI Waifu may commence arbitration.

8.3 Binding Arbitration

  1. If you and AI Waifu don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury.

  2. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Arbitration Rules of the Asian International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Clause. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.

  3. The right to arbitrate dispute or claims survives the termination or cancellation of this Agreement.

8.4 Costs of Arbitration

  1. The costs of arbitration, in principle, are to be borne by the unsuccessful Party. However, the arbitrator may apportion each of such costs between the Parties in dispute if it determines that apportionment is reasonable taking into account the circumstances of the case.

8.5 Confidentiality

  1. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all Parties.

8.6 User Disputes

  1. You agree that you are solely responsible for your interactions with any other user in connection with the Service and AI Waifu will have no liability or responsibility with respect there to. AI Waifu reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

9. Termination

You agree that AI Waifu, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if AI Waifu believes that you have violated or acted inconsistently with the letter or spirit of these Terms.

AI Waifu may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that AI Waifu may (but has no obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Termination of your account or access to any component of the Services will not terminate AI Waifu’s rights to your Content. Further, you agree that AI Waifu will not be liable to you or any third party for any termination of your access to the Services.

10. General

10.1 Entire Agreement

  1. This Agreement constitutes the entire agreement between you and AI Waifu regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and AI Waifu.

  2. You and AI Waifu acknowledge that this Agreement shall have no remedies in respect of, any statement, representation, assurance or warranty that is not set out in this Agreement.

  3. So far as is permitted by law and except in the case of fraud, each of the Parties agrees and acknowledge that its only right and remedy in relation to any representation, warranty or undertaking made or given in connection with this Agreement shall be for breach of the terms of this Agreement to the exclusion of all other rights and remedies (including those in tort or arising under statute).

10.2 Waiver

  1. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

  2. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

10.3 Severability

  1. If any provision or part of this Agreement is or becomes invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the relevant provision or part of it shall be deemed deleted.

  2. This Agreement, together with the Privacy Policy and any other legal notices published by AI Waifu on the Services, shall constitute the entire agreement between you and AI Waifu concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity and enforceability of the rest of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and AI Waifu’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

  3. YOU AND AI Waifu AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

10.4 Assignment and Other Dealings

  1. Subject to the further provisions of this clause, neither Party shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Agreement without the prior written consent of the other Party (such consent not to be unreasonably withheld or delayed).

10.5 No Warranties

  1. The website is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, AI Waifu, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, AI Waifu provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

  2. Without limiting the foregoing, neither AI Waifu nor any of AI Waifu's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of AI Waifu are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

  3. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

10.6 Typographical Errors

  1. In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price.

  2. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

10.7 Survival

  1. The Terms of this Agreement which are expressed to or which by their very nature are meant to survive the termination or expiry of this Agreement shall so survive.

Disclaimer

AI Waifu is not responsible for any content, code or any other imprecision.

AI Waifu does not provide warranties or guarantees.

In no event shall AI Waifu be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The AI Waifu Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. AI Waifu is a distributor and not a publisher of the content supplied by third parties; as such, AI Waifu exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the AI Waifu Service. Without limiting the foregoing, AI Waifu specifically disclaims all warranties and representations in any content transmitted on or in connection with the AI Waifu Service or on sites that may appear as links on the AI Waifu Service, or in the products provided as a part of, or otherwise in connection with, the AI Waifu Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by AI Waifu or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, AI Waifu does not warrant that the AI Waifu Service will be uninterrupted, uncorrupted, timely, or error-free.

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If you have any questions or suggestions about our Terms of Use, please do not hesitate to contact us at admin@aiwaifu.gg

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