Service Agreement

Thank you for choosing LamiAi!
This agreement ("Agreement") applies to your use of the services provided by LamiAi, including but not limited to software, content, and services accessed through our website (www.LumiAiai.com) and its subdomains ("Website"), and the LamiAi iOS application ("App"). Before you begin using our services, please read this Agreement carefully.

"LamiAi," "we," or "the Company" refers to HOLLA LIKEE TANGO LIVE CHAT LTD, a company specialized in the design and development of LamiAi hardware and software, incorporated and headquartered in Hong Kong.
"Device" refers to any electronic device you use to access the service, including but not limited to computers, smartphones, or tablets.
"You" refers to any individual using the services.

By registering, accessing, or using the services, you agree to comply with this Agreement and all applicable laws, regulations, and terms. If you do not agree to these terms, please stop using the services immediately.
For any questions or inquiries, please contact LamiAi via email: rexchat2022@outlook.com.

Please note that this Agreement includes a mandatory arbitration clause. Except for certain types of disputes, you and LamiAi agree that all disputes related to this Agreement or the services will be resolved through arbitration, and you waive your right to participate in class actions or class arbitrations.

1. Service Content

LamiAi provides personal chatbot services via text interactions.

1.1 Medical Disclaimer

The content and tools provided by LamiAi are designed to assist in enhancing your emotional and mental well-being, but we are not medical providers or equipment manufacturers. Therefore, all services should not be considered as a substitute for professional medical care, psychotherapy, or other professional advice. Only your doctor or qualified medical professionals can provide such services.

1.2 Entertainment Nature of AI Chat Service

The AI chat services provided by LamiAi include entertainment features, such as Mystery Cards and Star Insights. Content, suggestions, and interpretations generated by the App are for entertainment purposes only and should not be construed as professional or scientific advice. Users should assess and verify the accuracy and applicability of all advice and information provided by the AI. LamiAi is not responsible for any negative effects or damages arising from the use of the content provided through the service.

1.3 Emergency Handling

This service is not intended for emergency situations. If you encounter any medical or mental health emergencies, please immediately call 911 or visit the nearest emergency department. If you have suicidal thoughts or believe you may harm yourself or others, immediately stop using this service and seek emergency assistance.

1.4 Changes to the Service

We reserve the right to make temporary or permanent modifications, suspensions, or terminations to the service without prior notice. You agree that LamiAi is not responsible for any impact caused by changes, suspensions, or terminations to the service.

2. Membership and Subscription

2.1 Membership Registration

To use our services, you must register and become a member of LamiAi. During registration, you agree to provide accurate, complete, and up-to-date personal information, and to keep it updated. Your registration information and other relevant data will be protected by our privacy policy.

2.2 Account Security

As a member, you are responsible for keeping your account and password confidential and for all activities that occur under your account. If you discover any unauthorized use or security breaches, you should immediately notify LamiAi. Please ensure you log out after each use. LamiAi is not responsible for any loss or damage arising from failure to follow these guidelines.

2.3 Member Benefits

Upon becoming a LamiAi member, you will gain access to exclusive member services, features, and content. Becoming a member also means you agree to receive occasional promotional information and notifications, which you can opt-out of at any time via the unsubscribe link in emails. Membership is non-transferable, and cannot be sold or exchanged.

2.4 Subscription Options

2.4.1 Subscription Plans

1. Free Plan: Provides limited services, intended to assist users who are unable to pay for other subscription options. LamiAi reserves the right to discontinue this plan at any time.
2. LamiAi Pro: A paid subscription offering full-service features, including additional virtual person options, entertainment features, long-memory chats, and better AI models.

Subscription fees will be displayed on the in-app subscription page or in related stores and will be processed via iTunes. LamiAi reserves the right to adjust subscription fees and plan content without prior notice.

2.4.2 Paid Subscription Management

Paid subscriptions are available with monthly or yearly payment options and are handled through the original subscription platform. If your subscription is not renewed on time, it will automatically revert to the free plan. Subscription fees will be automatically charged to your payment method upon renewal, unless you cancel in advance. No refunds are provided for certain subscription periods. To manage or cancel your subscription, you must do so through the original subscription platform.

2.4.3 Refund Policy

If you purchase a subscription through Apple iTunes or our iPhone app, please note that all sales are final and non-refundable. Purchases are subject to Apple’s payment policies, which may not provide for refunds.

2.5 Device Requirements

The devices used to access LamiAi services must meet specific system requirements, which can be found on our website or the Apple App Store.

3. Service Cancellation

3.1 Canceling Your Service

You may choose to cancel your membership at any time by deleting your account in the app, which is irreversible. Once your account is deleted, all data related to the service will be permanently cleared. After deleting your account, your paid subscription will automatically terminate at the end of the current billing cycle.

If you only wish to cancel your paid subscription and revert to the “free use” plan, you can choose not to delete your account, and this change will also take effect at the end of the current billing cycle.

If your paid subscription was purchased through Apple iTunes or our iPhone app, you can terminate the subscription by disabling automatic renewal. Go to iTunes account settings, select "Manage App Subscriptions," and modify your subscription.

3.2 Our Cancellation Rights

LamiAi has the right to suspend or terminate your access to the services due to fraud or violations of the terms of this Agreement. Such actions may take effect immediately and without prior notice.

4. Use and Storage Policy

You understand that LamiAi may establish general policies and limitations regarding the use of services, which may include maximum data retention periods and the allocation of storage space. You agree that LamiAi is not responsible for any loss or liability arising from the deletion or failure to store data or content.

Furthermore, LamiAi reserves the right to terminate accounts that remain inactive for an extended period. We also retain the right to modify these usage policies and limitations at any time without prior notice.

5. Mobile Device Services

Some of LamiAi’s services are available through mobile devices, including:

1. Uploading content via mobile devices;
2. Browsing services and the website;
3. Accessing certain features through the app on mobile devices (collectively, “Mobile Services”).

Please note that using Mobile Services may incur additional wireless service fees, data charges, or other related costs.

Some Mobile Services may be restricted by the carrier, and not all devices or carriers are compatible with all mobile services. By using these services, you agree that we may contact you via SMS, MMS, text messages, or other electronic means, and that some of your information may be transmitted to us while using the services.

If your phone number changes or becomes inactive, please promptly update your LamiAi account information to ensure that your information is not sent to the new number holder.

6. Terms of Use

6.1 User Behavior

You are fully responsible for all content (including but not limited to code, images, data, text, software, music, sounds, photos, graphics, messages, etc.) that you upload, post, or display through the service, or use via email or other means (collectively referred to as "upload"). Below are examples of actions and content prohibited by LamiAi or considered illegal. We have the right to investigate users who violate these terms and take legal actions based on our judgment, including but not limited to deleting violating content, suspending or terminating accounts, and reporting to relevant law enforcement agencies. You agree not to upload the following content via the service:

1. Any content that (i) infringes on the intellectual property rights or other proprietary rights of others; (ii) you do not have the legal, contractual, or trust rights to upload; (iii) contains viruses or other programs or files that may interfere with, destroy, or limit the normal functioning of computer software, hardware, or telecommunications equipment; (iv) may endanger the privacy or security of others; (v) is unsolicited or unauthorized advertising, promotional information, commercial activities, sales, spam, chain letters, pyramid schemes, sweepstakes, etc.; (vi) is illegal, malicious, threatening, abusive, harassing, infringing, violent, defamatory, vulgar, obscene, pornographic, discriminatory, hateful, or offensive; (vii) any other content that LamiAi unilaterally deems inappropriate, may obstruct others' use of the service, or may expose LamiAi or users to risk or liability.
2. Interfering with or disrupting the service, or the servers and networks connected to the service, or failing to comply with the requirements, procedures, or regulations of relevant networks.
3. Violating applicable local, state, national, or international laws or other legal regulations.
4. Impersonating others or entities, or falsely representing a relationship with others or entities.
5. Soliciting personal information from individuals under the age of 18.
6. Collecting contact information of others via email or other means to send unsolicited emails or communications.
7. Conducting unauthorized commercial advertising or sales or purchases of goods and services.
8. Promoting or supporting criminal activities or illegal behavior, or providing guidance on illegal activities.
9. Attempting to access any materials or information in a manner not explicitly provided by the service.

6.2 Commercial Use

This service is for personal use only. Unless explicitly authorized, you agree not to use, display, distribute, license, perform, publish, copy, modify, sell, resell, develop, transfer, or upload any part of the service for any commercial purpose, or utilize the service’s use or access for commercial purposes.

6.3 Use by Minors

If you are under the age of 18, you are not authorized to use this service, regardless of whether you have registered.

7. Apple App Store Legal Disclaimer

These terms apply to all services you use, including the iPhone application ("App") provided through Apple’s App Store ("Apple"). The following additional terms apply to the App:

1. You and LamiAi agree that this agreement applies only to the relationship between you and LamiAi, not with Apple, and Apple is not responsible for the App or its content.
2. The App is granted to you under a limited, non-exclusive, non-transferable, and non-sublicensable license, only for personal, non-commercial use related to the service, and subject to all applicable terms of this agreement.
3. The App may only be used on Apple devices that you own or control.
4. You understand and agree that Apple is not obligated to provide any maintenance or support services related to the App.
5. If the App fails to meet any applicable warranties, you may notify Apple or Google. After notification, their only obligation is to refund the purchase price of the App (if applicable).
6. You agree that LamiAi is responsible for handling any claims related to the App, not Apple.
7. If a third party claims that the App or its use infringes upon their intellectual property rights, LamiAi is responsible for handling the investigation, defense, settlement, and resolving any such infringement claims, not Apple.
8. You warrant that you are not in a country subject to U.S. government embargoes or on a "supporting terrorism" list, and are not on a prohibited or restricted list of the U.S. government.
9. You and LamiAi acknowledge that you will comply with any applicable third-party agreements when using the App.
10. You and LamiAi agree that Apple and its subsidiaries are third-party beneficiaries of this agreement. Upon your acceptance, Apple has the right to enforce this agreement as a third-party beneficiary.
11. LamiAi and you agree that Apple and its subsidiaries are third-party beneficiaries of these service terms, relating to Apple-enabled software. Upon your acceptance, Apple will have the right to enforce these terms, as though it had accepted this right.

8. Intellectual Property

8.1 Service Content, Software, and Trademarks

You acknowledge and agree that the services provided may contain content protected by copyright, patents, trademarks, trade secrets, or other proprietary rights ("Service Content"). Unless explicitly authorized by LamiAi, you shall not modify, copy, embed, scrape, rent, lease, sell, distribute, or create derivative works of the Service Content. This does not apply to content that you legally upload to the service. You may not use any data mining, spiders, scraping, or other data extraction methods while using the service. If LamiAi blocks your access (e.g., blocks your IP address), you agree not to attempt to bypass such blocks (e.g., by hiding your IP address or using proxies). Any unauthorized use will be considered a breach and is prohibited. The software and technologies related to the service are the property of LamiAi and its partners. You may not reverse-engineer, modify, sell, or transfer any part of the software, unless the agreement explicitly grants such rights.

LamiAi’s name, logo, and service marks (collectively, "LamiAi Trademarks") are the property of LamiAi. Other trademarks or logos displayed through the service belong to their respective owners, who may not be affiliated with LamiAi. Unless written consent is obtained from LamiAi, no content or service terms should be construed as granting you the right to use LamiAi’s trademarks. All goodwill generated by using the LamiAi trademarks belongs to LamiAi.

8.2 Third-Party Materials

LamiAi is not responsible for any content or materials provided by third parties (including users), particularly any errors, omissions, or losses arising therefrom. You understand that LamiAi does not pre-screen content, but has the right to remove or refuse any content that is provided through the service. LamiAi may delete content that violates the terms or is deemed inappropriate by LamiAi at its discretion. You agree to assess the risks of using content, including reliance on its accuracy or completeness.

8.3 User Content Transmission

For any content you upload or share through the service (collectively, "User Content"), you represent that you hold all rights to that content, including copyrights and other related rights. You grant LamiAi and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use your content in various forms, including copying, distributing, displaying, and modifying, in order to support the operation, promotion, advertising, etc., of the service.

You agree that any feedback you provide to LamiAi (such as suggestions, opinions, etc.) is not confidential, and LamiAi has the right to use such feedback without restrictions, whether for commercial purposes or otherwise.

LamiAi may retain or disclose content in accordance with legal requirements or reasonable necessity, including but not limited to: (a) complying with legal procedures or government requests; (b) enforcing service terms; (c) responding to claims of third-party rights infringement; or (d) protecting the legal rights of LamiAi and its users.

8.4 Copyright Complaints

LamiAi respects the intellectual property rights of others. If you believe your copyrighted work has been infringed, please follow the procedure to submit a copyright complaint to LamiAi. LamiAi will process all copyright complaints in accordance with the Digital Millennium Copyright Act (DMCA) and other relevant laws, and take appropriate actions. You may send the infringement notice via email to LamiAi’s copyright agent at rexchat2022@outlook.com, with the subject "DMCA Takedown Request."

8.5 Counter-Notification

If you believe that the content deleted or disabled does not infringe copyright, or you have authorization from the copyright holder to upload the content, you may submit a counter-notification, which should include the following information:

1. Electronic or physical signature;
2. The content that was deleted or disabled, along with its location;
3. A statement of good faith that the content was deleted or disabled wrongly;
4. Your personal information and consent to the jurisdiction of the Hong Kong courts.

Repeat Infringer Policy
In accordance with DMCA and other relevant laws, LamiAi has established a policy for handling repeat infringers. Users identified as repeat infringers may have their accounts terminated, and access to the service may be restricted or terminated as necessary.

9. Social Networking Services

By connecting or logging into the service through social media or other social networking services (such as Facebook, X, etc.), you can integrate these platforms with our services. This integration may provide a more personalized online experience. To use these features, you may need to verify your identity or register an account on the website of these service providers. By integrating these social platforms, we will obtain some of the information you share on these platforms, which will be used, stored, and disclosed in accordance with our privacy policy. However, please note that how the social platforms use and process your information is determined by their privacy policies, and LamiAi is not responsible for this.

In addition, LamiAi is not responsible for the accuracy, reliability, or availability of any information, products, data, opinions, advice, or statements provided through social networking services. LamiAi shall not be liable for any damages or losses arising from the use of these social networking services. The integration of these services is solely for user convenience and does not imply our support or endorsement of these platforms.

10. Warranties, Indemnity, and Liability

10.1 Indemnity and Release

You agree to indemnify and hold LamiAi and its affiliates, employees, agents harmless from any losses, costs, lawsuits, and other expenses, including reasonable attorneys' fees, arising from your use of the service, user content uploaded, your violation of these terms, or infringement of others' rights. However, you are not required to indemnify LamiAi for any losses or costs resulting from LamiAi's own actions.

10.2 Warranty Disclaimer

You use this service at your own risk. The service is provided on an "as is" and "as available" basis. LamiAi makes no warranties regarding the suitability, continuity, error-free operation, or accuracy of any results obtained through the service. Additionally, LamiAi does not guarantee that any products, services, or information purchased through the service will meet your expectations.

10.3 Limitation of Liability

LamiAi shall not be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the service, including but not limited to costs related to transactions, goods or services procurement, unauthorized data access or modification, and damages arising from third-party claims. The total liability of LamiAi for all damages you suffer is limited to the greater of the amount you paid in the last six months or $80. Certain jurisdictions may not allow the exclusion or limitation of certain liabilities, so some limitations may not apply to you or be enforceable. If you are dissatisfied with the service or the terms, your sole remedy is to stop using the service.

11. Disputes to be Resolved through Mandatory Arbitration

11.1 Agreement to Arbitrate

This section is called the "Arbitration Agreement." You agree that any dispute or claim arising from these service terms (including any violation) or relating to the service, advertising, and any relationship or transaction between us, shall be resolved through mandatory arbitration rather than in court, unless your claim meets the criteria for small claims, in which case you may file a claim in a small claims court. This arbitration agreement does not preclude you from raising issues with government agencies, and where permitted by law, these agencies may seek resolution on your behalf. By accepting these service terms, you and LamiAi waive the right to a jury trial and class action, and disputes will be resolved by a neutral arbitrator rather than by a judge or jury. The arbitration agreement will be governed by the Federal Arbitration Act.

11.2 No Class Action

You and LamiAi agree that claims can only be brought individually and not as part of a class or representative action. The arbitrator cannot combine multiple individual claims, nor can they oversee a class or representative action. The arbitrator will only rule on the individual claim and the remedies provided will be limited to the needs of that individual claim.

11.3 Dispute Resolution Preliminary Steps

LamiAi always aims to resolve disputes in a friendly and efficient manner. Customers can communicate with customer service by sending an email to rexchat2022@outlook.com. If the dispute cannot be resolved, the party seeking arbitration must send a written notice by registered mail to the other party, detailing the nature of the dispute and the relief sought. The notice should be sent to rexchat2022@outlook.com. If the dispute is not resolved within 60 days, either party can initiate the arbitration process. During the arbitration, the amount of any settlement offer will not be disclosed to the arbitrator until the arbitrator has made a decision.

11.4 Arbitration Procedure

1. Arbitration Agreement: All disputes should be resolved through final and binding arbitration, not in court. Arbitration will take place at the Hong Kong International Arbitration Centre (HKIAC) according to its arbitration rules. The arbitrator will be agreed upon by both parties, or if they cannot agree, designated by HKIAC.
2. Arbitration Location and Language: Arbitration will take place in Hong Kong, and the arbitration language will be either Chinese or English. The arbitrator's decision is final and binding on both parties.
3. Individual Arbitration: Arbitration must be initiated individually and cannot be part of a class action. The arbitrator will only issue decisions involving a single party and remedies will be limited to what is legally permitted.
4. Preliminary Notice: Before initiating arbitration, the party must send written notice to the other party detailing the nature of the dispute and the relief sought. If the dispute is not resolved within 60 days, any party may begin the arbitration process.
5. Arbitration Costs: The arbitration costs will be shared equally between both parties, and the specific allocation of costs will be determined by the arbitrator based on the case details.

11.5 Confidentiality

All arbitration proceedings and the arbitrator's decision must remain confidential to protect the interests of all parties involved.

11.6 Severability

If any provision of the arbitration agreement is deemed invalid or unenforceable by a court or arbitrator, both parties agree to substitute it with a valid and enforceable provision that reflects the intent of the original clause. If the "No Class Action" provision is deemed invalid, the entire arbitration agreement will be invalid, but the other provisions will remain effective.

11.7 Modification of Arbitration Agreement

Notwithstanding other provisions of these service terms, LamiAi agrees that if the arbitration agreement is modified during your use of the service (excluding changes to the notification address), you may send written notice rejecting the modification within 30 days of the change. Upon rejection, you agree to resolve disputes under the original arbitration terms.

12. General Terms

12.1 Account Termination

You agree that LamiAi has the right to suspend or terminate your account's use at its discretion for any reason, or stop providing services and delete or clear all content stored in your account, especially if you have not used the service or your actions violate the terms, either in words or spirit. In case of fraud, abuse, or any illegal activities, LamiAi may report these matters to the appropriate law enforcement authorities. LamiAi may also terminate the service or any part of the service without prior notice. You agree that LamiAi may stop your access to the service without prior notice and may deactivate or delete your account and its related data, blocking you from accessing these data and services. You further agree that LamiAi will not be liable for any loss or consequences arising from the termination of your use of the service.

12.2 Disputes Between Users

You understand that you are solely responsible for interactions with other users, and LamiAi is not responsible for such interactions. LamiAi has the right but not the obligation to intervene in disputes between users.

12.3 Agreement Integrity

These service terms constitute the complete agreement between you and LamiAi regarding the use of the service and supersede any previous agreements related to the service. Any third-party services, content, or software you use may be subject to additional terms and conditions.

12.4 Applicable Law

These service terms will be governed and interpreted under the laws of the Hong Kong Special Administrative Region, without regard to any conflict of law provisions. Any dispute arising from or related to this agreement should first be resolved through friendly negotiation. If the negotiation fails, the dispute will be submitted to a court with jurisdiction in Hong Kong, and both parties agree to the exclusive jurisdiction of such court. If any provision in this clause is held invalid or unenforceable by a court, the other provisions will remain valid and applicable.

13. User Privacy

LamiAi is committed to respecting your privacy. For details, please refer to our privacy policy. By using the service, you agree to the collection and use of your personal information in accordance with that policy.

For inquiries, suggestions, or to report violations of the service terms, please contact us at rexchat2022@outlook.com.