PremiumTerms of Service
Last updated: April 03, 2025
1. General
By accessing and using the Website, you confirm that you agree to and are bound by the Terms and Conditions (the "Terms") outlined below. These terms apply to the entire Website, as well as any email or other form of communication between you and the Company.
Website is intended for and available only to users who are 18 years of age or older (or those who are considered of legal age according to the local laws of the country where they reside), and solely for personal and non-commercial use. You agree not to use Website for any unlawful or unauthorized purposes.
You agree to comply with these Terms. If you do not agree to our or any other terms and policies, please cease using the Website and refrain from accessing any part of our Service.
In these Terms, you (referred to as either "you" "your", "yourself" herein) refers both to you as an individual and to any entity you represent. If you breach any of these Terms, we reserve the right to terminate or suspend your account without prior notice.
Under no circumstances shall the Company be liable for any direct, indirect, special, incidental, or consequential damages, including but not limited to loss of data or profits, arising from the use or inability to use the materials on this Website, even if the Company or it's authorized representative has been advised of the possibility of such damages. Should your use of materials from the Website result in the need for servicing, repair, or correction of equipment or data, you assume all costs thereof.
Company is not liable for any outcomes that may arise from the use of our resources. We reserve the right to modify pricing and revise our resource usage policies at any time. Website is intended for and available only to users who are 18 years of age or older.
Company grants you a revocable, non-exclusive, non-transferable, limited license to use the Website strictly in accordance with the Terms.
These Terms constitute a contract between you and ChatMist, Inc., the provider of the Website and the Service accessible from the Website.
You understand and warrant that:
If you accept these Terms on behalf of another person, you are fully and duly authorized by such person to accept these Terms, which will be binding upon both you and such other person;
You have reached the age of majority in your jurisdiction of residence to enter into a legally binding contract with us;
If you have not reached the age of majority in your jurisdiction of residence, you must not access or use our Service.
Note: These Terms contain an arbitration clause and a class action waiver. By agreeing to these Terms, you agree (a) to resolve any disputes with us through binding individual arbitration, meaning you waive any right to have those disputes resolved by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt out of arbitration as described below.
Definitions and Key Terms
To provide clarity throughout these Terms, each of the following terms is strictly defined as follows:
Cookies: Website uses "cookies" to identify the areas of our Website you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to enhance the performance and functionality of our Website, but they are not essential for its use. However, without these cookies, certain functionalities, such as videos, may not be available, or you may 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 allow you to disable cookies. However, if you disable cookies, you may not be able to access certain features of our Website properly or at all. We never place personally identifiable information in cookies.
Company: When these Terms mention "Company," "we," "us," or "our," it refers to ChatMist, Inc., a Delaware corporation that is responsible for your information under these Terms and Conditions.
Country: Refers to the location of the Company, in this case, the United States of America.
Device: Any internet-connected device, such as a phone, tablet, computer, or any other device that can be used to visit a Website and use the Service.
Service: Refers to the services provided by the Company as described in the relevant terms (if available) and on this Website.
Third-party service: Refers to advertisers, contest sponsors, promotional and marketing partners, and other entities that provide our content or whose products or services we believe may interest you.
Website: Refers to Company's site, accessible via the following URL: https://eroplay.ai.
You: A person or entity registered with the Company to use the Website and the Service.
1.1 Account
Certain Services offered by the Company may require you to create a user account using your email address and a password (the "Secure Areas"). When accessing the Secure Areas, you agree to do so only with your registered email address and password. You may register (sign up) or log in using your email address.
You hereby represent and warrant that all information you provide for the creation of your user account is truthful and accurate, and that you are fully entitled to provide such information.
You agree to update any information related to your user account (including, but not limited to, your email, payment information, subscriptions, or other additional information as applicable) from time to time as necessary, ensuring that it remains current, accurate, and correct. You agree to maintain the confidentiality of your user account, not to share access to your user account, and not to disclose your password to third parties.
You agree that you are fully responsible for all activities that occur under your user account. Your user account is non-transferable. You may not sell, lend, or otherwise share your account with any other person for commercial purposes or otherwise.
Any violation of these Terms, including but not limited to failure to maintain accurate and up-to-date information regarding your user account, may result in your account being deemed to be in bad standing, and we may cancel your user account at our sole discretion.
Additionally, we reserve the right to terminate or restrict your user account or otherwise revoke your access to Website and the Service we provide at any time for reasons or suspicions indicating that you have violated these Terms and/or any other terms or policies posted at the Website, at our sole discretion. You agree that we are not liable to you or any third party for, among other things, any denial of access to Website or the content or Service we offer, any changes in the costs of Service or third-party fees, or otherwise, as well as for the suspension or termination of your user account.
1.2 Restrictions
When accessing and using the Website, you agree to comply with the following rules, restrictions, and limitations:
You will not reverse engineer, decompile, disassemble, reconstruct, or otherwise attempt to discover the source code or structure of the software or materials that make up Website (except where such actions are permitted by applicable local law, despite these restrictions, and only to the extent that such actions are disclosed to us in writing in advance);
You will not interfere with or circumvent any security features of the Website or any features that restrict or impose limitations on the use of the Website;
You will not use the Website to gain unauthorized access to our data, systems, or networks, or the data of any third party;
You will not use the Website in any way that may damage, disable, overload, degrade, or otherwise interfere with or disrupt the operation of our systems and networks, or otherwise interfere with other users' ability to use the Website;
You will not use the Website in any manner that, at our sole discretion, could expose us or others to liability or harm;
You will not use the Website to pursue illegal purposes, offend others, or engage in any misdemeanor, felony, or crime;
You will not remove, alter, or obscure any copyright, trademark, hyperlink, or other proprietary notices contained in the Website;
You agree to comply with all applicable laws when accessing and using the Website, including the laws of your country or region if you reside outside the US.
1.3 Term and Termination
These Terms remain in effect until terminated by the Company.
The Company may, at its sole discretion, suspend or terminate these Terms at any time, for any reason or no reason, with or without prior notice.
If you breach any provision of these Terms, the Company will terminate your access immediately without prior notice. If you no longer wish to be bound by these Terms, you may discontinue your use of the Website and delete all related content from your Device.
Upon termination, you must cease all use of the Website and delete all copies of the Website from your Device.
Termination of these Terms will not limit any of the Company's rights or remedies at law or in equity in the event of your breach (during the term of these Terms) of any of your obligations under these Terms.
2. Content Policy
We have developed this content policy to promote mutual respect among all members of the community.
If you find any content on the Website that violates the content policy, please report it to us, and we will remove it.
2.1 Sexual and Erotic Content
All characters must be over the age of 18. Any stories must not violate the laws of Delaware or the laws of your country. Important: Role-playing with characters pretending to be under the age of 18 is strictly PROHIBITED.
Anyone found creating content involving characters under the age of 18 will be permanently banned, and the materials may be forwarded to local law enforcement authorities.
It is strictly prohibited to create content that encourages, condones, or includes non-consensual sexual acts or sexual violence. Anyone found creating such content will be permanently banned, and the incident may be reported to local authorities. Note: "Voluntary non-consent" is not allowed.
It is also strictly prohibited to create content that, in accordance with Delaware law, encourages illegal sexual acts, including but not limited to zoophilia, necrophilia, or incest. Anyone found creating such content will be permanently banned, and their materials may be reported to local authorities. All non-human characters must be anthropomorphic and capable of giving consent.
2.2. Spam/Marketing
Website must not be used for spamming or marketing within our community. If you are unsure whether content could be considered spam, please contact us.
2.3. Real People
You may not use Website to create stories about real people without their explicit consent. This includes, but is not limited to, public figures and celebrities.
2.4. Self-Harm
Content that glorifies or provides instructions on self-harm will be removed.
If you are struggling with these issues yourself an open and honest conversation can really help. The Samaritans will listen to judgement free anytime. https://www.samaritans.org/
2.5. Violence and Gore
Excessively violent or gory content is not allowed. Content depicting or encouraging sexual violence is prohibited.
2.6. Hate Groups, Extremist, and Political Groups
They are not allowed on our platform. Users attempting to use the service as a political platform will be banned.
2.7. Illegal Activities
Any promotion or encouragement of illegal activities (using Delaware law as a reference) is prohibited. Anyone attempting to use the platform for such activities will be banned. You must also comply with local laws governing your actions.
2.8. Submissions and Privacy
If you submit or post any ideas, creative suggestions, designs, photos, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will be considered non-confidential and non-proprietary and will become the exclusive property of the Company without any compensation or credit to you. The Company and its affiliates are under no obligation regarding such submissions and may use the ideas contained in such submissions for any purpose in any medium indefinitely, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
2.9. Generated Content Disclaimer
Content generated by the AI story generation system on this site may vary, and due to its training on broad internet data, the Company is not liable for the system's output.
By using the Website, you are solely responsible for the content you create. If generated content violates the Company's content policy, you are required to edit or delete it. You are also responsible for ensuring that all generated content complies with applicable Delaware, local, and international laws. We do not assume responsibility for reviewing or moderating content created on this platform.
2.10. Content Ownership and Model Improvement
The Company reserves the right to retain and use content generated on our platform to improve our models and services. However, we will not publish or distribute any generated content outside of model improvement purposes.
2.11. Prohibited Content
You must refrain from generating, sharing, or distributing content that:
Is offensive, insensitive, or intended to shock or disgust;
Is defamatory, discriminatory, or harmful, especially towards individuals or groups based on religion, race, sexual orientation, gender, national/ethnic origin, or other protected categories;
Contains realistic depictions of cruelty or harm to people or animals;
Includes incendiary, misleading, or discriminatory religious statements;
Exploits ongoing sensitive events, such as conflicts, disasters, or epidemics;
Glorifies or encourages violence, criminal activity, or includes portrayals of known criminals in a manner intended to incite or inspire similar actions.
2.12. Policy Violations
Any violation of these policies may result in the removal of offending content and a permanent ban from the Website. Content refers to all media shared or generated on this site.
Our goal is to foster a safe and respectful community for all users.
3. Payment
If you sign up for any of our subscription plans with recurring payments, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges, and billing terms in effect at the time each fee or charge is due and payable. Unless otherwise indicated in the order form, you must provide the Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (the "Payment Provider") as a condition to signing up for the Premium Plan. Your agreement with the Payment Provider governs your use of the designated credit card account, and you must refer to that agreement, not these Terms, to determine your rights and obligations in relation to your Payment Provider. By providing the Company with your credit card number and associated payment information, you agree that the Company is authorized to immediately verify the information and subsequently invoice your account for all fees and charges payable to the Company under these Terms, with no additional notice or consent required. You agree to promptly notify the Company of any changes to your billing address or the credit card used for payment under these Terms. The Company reserves the right to change its prices and billing methods at any time, either immediately upon posting on the Website or by sending an email to the administrator(s) of your organization.
Any attorneys' fees, court costs, or other costs incurred in collecting undisputed past due amounts are your responsibility and payable by you.
No contract for the Service will be deemed to exist between you and the Company until the Company accepts your order through a confirmation email, SMS/MMS message, or other appropriate means of communication.
You are responsible for any third-party fees that you may incur when using the Service.
4. Refund Policy
Thank you for choosing the Company. We are committed to ensuring a satisfying experience as you explore and purchase our products. By placing an order or making a purchase on the Website, you agree to this Refund Policy as well as our Terms and Privacy Policy.
4.1. Subscription Cancellation
You may cancel your subscription at any time. Upon cancellation, your subscription will remain active until the end of the current billing period, after which you will no longer be billed.
Once your subscription expires, your account will automatically revert to the free version of the Service. At this time:
- Access to premium features and content available only to paid subscribers (the "Premium Plan") will be discontinued.
- You may re-subscribe at any time to regain access to premium features and content.
4.2. Non-Refundable Subscription Fees
The Company provides a free version of the Service to allow users to explore its features before purchasing a subscription. As such, all subscription fees are non-refundable. We strongly recommend reviewing all financial terms, policies, and features available within the free version before committing to a paid membership.
4.3. Purchases Made in Error
Refunds for purchases made in error are not guaranteed and may only be considered under exceptional circumstances at the Company's sole discretion. By using our Website, registering an account, or making a purchase, you acknowledge and accept these terms.
If you have questions or need assistance, please contact us at support@eroplay.ai.
5. Links to Other Websites
The Service may contain links to third-party websites and online services (such as applications and social media sites) that are not owned or controlled by the Company The Company does not control, and is not responsible for, the content, privacy policies, or practices of any third-party websites or online services, and you access and use these websites or online services entirely at your own risk. These links are provided for your information and convenience only and do not necessarily imply any endorsement, sponsorship, or recommendation of the materials on these third-party websites or online services or any association with their operators. Furthermore,the Company does not and cannot control or edit the content of any third-party websites or online services.
By using the Service, you release the Company, its affiliates, and their respective officers, directors, employees, agents, shareholders, licensors, licensees, and suppliers , as well as Apple and Google, from any and all liability arising from your use of any third-party website or online service, and from any loss or damage of any kind that you may incur as a result of your interaction with any third party.
Accordingly, we encourage you to be cautious when you leave the Service and to read the terms of use of every other website or online service that you visit.
Unless you have entered into a written agreement with the Company, you may link to the Website from your own website under the following conditions: (1) You may not frame the Website or any part of it; (2) You may not override or disable the functionality of the end user's web browser "back" function; (3) The link must be identified using plain text of the Company name and not the Company’s logo; (4) You may not use any Company’s logos in any way; (5) You may not use the link in any way that suggests the Company is associated with or endorses you or your website; (6) The link may not appear on any website that a reasonable person might consider obscene, defamatory, offensive, or malicious, and may not be presented in any way that degrades or damages the reputation or goodwill of the Company; and (7) We may revoke your right to link to the Website at any time for any reason or no reason.
6. Modification Policy
6.1. Changes to Our Terms and Conditions
You acknowledge and agree that the Company may, at its sole discretion, cease (temporarily or permanently) providing the Service (or any features within the Service) to you or users in general without prior notice. You may stop using the Service at any time. You do not need to specifically inform the Company when you stop using the Service. You acknowledge and agree that if the Company disables access to your account, you may be prevented from accessing the Service, your account data, or any files or other materials contained in your account.
If we decide to modify our Terms, we will post those changes on this page and/or update the modification date of the Terms below.
By continuing to access or use our website after any changes take effect, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
6.2. Changes to Our Website
The Company 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.
6.3. Updates to Our Website
The Company 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").
Updates may modify or delete certain features and/or functionalities of the Website. You agree that the Company has no obligation to (1) provide any Updates or (2) continue to provide or enable any particular features and/or functionalities of the website to you.
You also agree that all Updates will (1) be considered an integral part of the website and (2) be subject to these Terms.
7. Copyright Infringement
The Company 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 must notify the Company of your claim of infringement in accordance with the procedure outlined below.
7.1. DMCA Notice of Copyright Infringement
If you believe that content on the Website infringes upon your copyright or other intellectual property rights, you may submit a DMCA Notice using one of the following methods:
Visit (https://EroPlay.ai), click on the "Contact Us" link on the homepage, and select "Send."
Send your notice via email to support@eroplay.ai.
To be effective, your notice must be in writing and include the following information:
An electronic or physical signature of the person authorized to act on behalf of the copyright or intellectual property owner.
A description of the copyrighted work or intellectual property you claim has been infringed.
A description of where the infringing material is located on our Services, with sufficient detail for us to identify and locate it.
Your contact information, including address, phone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
A statement made under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on their behalf.
Upon receiving a valid DMCA Notice, the Company will investigate and take appropriate action in accordance with the DMCA and other applicable laws.
7.2. Counter-Notices
If you believe that your content was removed or disabled as a result of a DMCA notice, and you believe that the content does not infringe, you may send us a written counter-notice that includes the following information:
Your physical or electronic signature;
Identification of the content that was removed or to which access was disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
Your name, address, telephone number, and email address;
A statement that you consent to the jurisdiction of the federal court located in the Northern District of California, and that you will accept service of process from the person who provided the original DMCA notice or an agent of such person.
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 in 14 business days unless the original complaining party informs us that they have filed a lawsuit concerning the content.
7.3 Repeat Infringer Policy
In accordance with the DMCA and other applicable laws, the Company has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. The Company may also, at its sole discretion, limit access to the Service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is repeated infringement.
8. Warranties and Liability
8.1. Indemnification
You agree to indemnify and hold harmless the Company and its affiliates, along with their respective affiliates, from any losses, damages, and expenses of any kind arising out of or related to your use of the Service. Without limiting the foregoing, the indemnification and hold harmless provisions described above include reasonable attorney's fees, rights, claims, actions of any kind, and injury (including death) arising out of or related to your use of the Service.
If you are a California resident, you waive Section 1542 of the California Civil Code, which states:
"A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, and which, if known by them, would have materially affected their settlement with the debtor or released party."
If you are a resident of another jurisdiction, you waive any comparable law or doctrine.
8.2. Typographical Errors
In the event that a product and/or service is listed at an incorrect price or contains incorrect information due to a typographical error, we reserve the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We reserve 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 will immediately credit your account or payment method in the amount of the charge.
8.3. No Warranties
You use the Service at your own risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis. the Company expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results obtained from using the Service will be accurate or reliable.
8.4. Limitation of Liability
You understand and agree that the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, including, without limitation, damages for loss of goodwill, use, data, or other intangible losses (even if the Company has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (i) the use or inability to use the Service; (ii) your access to, use of, creation of, or interaction with any content, character, or generations; (iii) sharing any content, character, or generations with any third party; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party (including users) regarding the Service; or (vi) any other matters relating to the Service. In no event shall the Company's total liability to you for all damages, losses, or causes of action exceed the greater of (i) $100 USD, or (ii) the amount you have paid to the Company (if any) in connection with your use of the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. As a result, some of the above limitations may not apply to you. If you are dissatisfied with any part of the site or these Terms, your sole and exclusive remedy is to discontinue using the Service.
8.5. Entire Agreement
These Terms constitutes the entire agreement between you and EroPlay.ai regarding your use of the website and supersede all prior and contemporaneous written or oral agreements between you and The Company.
You may be subject to additional terms and conditions that apply when you use or purchase other the Company's services, which the Company will provide to you at the time of such use or purchase.
9. Content Monitoring Policy
The Company is committed to maintaining a safe and respectful environment for all users. To fulfill this commitment, we have implemented a comprehensive content monitoring policy that aligns with our community standards and legal obligations.
9.1. Prohibited Content
You are strictly prohibited from submitting, uploading, or creating any content that:
Violates any applicable laws, regulations, or copyrights.
Is reasonably considered harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, bigoted, hateful, or offensive based on race, ethnicity, or other factors, or otherwise inappropriate.
9.2. Content Monitoring and Screening
To maintain this standard, we utilize AI technology for automatic semantic screening of user-generated content. If the AI flags potentially problematic content, our team conducts a manual review to confirm any issues and ensure accurate enforcement of our guidelines. This approach helps us detect technical issues and promptly address content that violates community standards or legal requirements.
9.3. Reporting Violations
You are encouraged to report any content you believe violates our Terms by emailing support@eroplay.ai. Upon receiving a report, our team will review the content and, if it is found to violate our policies, take appropriate action, including content removal.
These measures are essential to creating a safe and positive experience for all users of the Website while ensuring compliance with applicable laws and regulations.
10. Intellectual Property
The Website and all its content, features, and functionality—including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement of such content—are owned by the Company, its licensors, or other providers of such materials. These elements are protected by Delaware and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Users are strictly prohibited from copying, modifying, reproducing, downloading, or distributing any material from the website, in whole or in part, without the express prior written permission of the Company, unless otherwise explicitly stated in these Terms. Any unauthorized use of the material is strictly prohibited and may result in legal action.
11. Dispute Resolution by Mandatory Arbitration
This section affects your rights, so please read it carefully.
11.1. Arbitration Agreement
This section of the Terms, titled "Dispute Resolution by Mandatory Arbitration," is referred to as the "Arbitration Agreement." You agree that any disputes or claims that have arisen or may arise between you and the Company, whether arising out of these Terms (including any alleged breach thereof), the Website, the Service, or any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may bring individual claims in small claims court if your claims qualify. Moreover, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and these agencies may, if the law allows, seek relief from us on your behalf. By agreeing to these Terms, you and the Company waive the right to a jury trial or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The interpretation and enforcement of this Arbitration Agreement are governed by the Federal Arbitration Act.
11.2. Prohibition of Class and Representative Actions and Non-Individualized Relief
You and the Company agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and the Company agree otherwise, the arbitrator may not consolidate or join the claims of more than one person or party and may not otherwise preside over any form of consolidated, representative, or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief based on that party's individual claims.
11.3. Pre-Arbitration Dispute Resolution
The Company is always interested in resolving disputes fairly and efficiently, so if you have any concerns, we encourage you to first contact us at support@eroplay.ai. If these efforts fail, the party intending to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to the Company should be sent to: support@eroplay.ai ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute, and (ii) set forth the specific relief sought. If the Company and you do not resolve the claim within 60 calendar days after the Notice is received, you or the Company may commence arbitration. During the arbitration, the amount of any settlement offer made by the Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.
11.4. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (collectively, the "JAMS Rules") as modified by this Arbitration Agreement. To learn more about JAMS Rules, visit its website at https://www.jamsadr.com. In the event of any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement shall prevail unless the arbitrator determines that the application of the conflicting Arbitration Agreement terms would result in a fundamentally unfair arbitration. The arbitrator shall also be bound by the provisions of these Terms as a court would be. All issues are for the arbitrator to decide, including issues relating to scope, enforceability, and arbitrability of this Arbitration Agreement. While arbitration is usually less formal and more streamlined than litigation and other judicial proceedings, the arbitrator may award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction, but it may be overturned by a court only on very limited grounds.
If the parties cannot agree on a location, the decision shall be made by JAMS. If your claim is for $10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted (i) solely based on documents submitted to the arbitrator, (ii) through a telephonic or video hearing, or (iii) by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of how the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
11.5. Arbitration Costs
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules unless otherwise provided in this Arbitration Agreement.
11.6. Confidentiality
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.
11.7. Severability
If a court or arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or arbitrator decides that any of the provisions of the subsection titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.
11.8. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, the Company agrees that if it makes any future changes to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you agree that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
12. Promotions
From time to time, the Company may include contests, promotions, sweepstakes, or other activities (the "Promotions") that may require you to submit materials or information about yourself. Please note that all Promotions may be governed by separate rules that may contain specific eligibility requirements, such as restrictions on age and geographic location. It is your responsibility to read all rules of the Promotions to determine whether you are eligible to participate. By participating in any Promotion, you agree to comply with and abide by all Promotion rules.
Additional terms and conditions may apply to the purchase of goods or services through the Service, which are incorporated into these Terms by reference.
13. Your Submissions
If for any reason you are not fully satisfied with any goods or services we provide, feel free to contact us, and we will discuss any issues related to our product.
Any feedback, comments, ideas, improvements, or suggestions (collectively "Submissions") provided by you to The Company regarding the Website remain the exclusive property of The Company.
The Company is free to use, copy, modify, publish, or distribute the Submissions for any purpose and in any manner without any credit or compensation to you.
14. Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or part of these Terms unenforceable, the remainder of these Terms will continue in full force and effect.
Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Company. The Company shall be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipated breach by you. The Company operates and controls the Website and Service from its office in Latvia.
The Service is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would violate law or regulation. Accordingly, those who access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms (including the Company's Privacy Policy incorporated herein) contain the entire understanding and replace all prior agreements between you and the Company regarding the subject matter and cannot be amended or modified by you. Section headings used in these Terms are for convenience only and shall not have any legal significance.
14.1. Entire Agreement
These Terms represent the entire agreement between you and the Company and govern your use of our Service, superseding any prior agreements between you and the Company regarding the Service.
14.2. Severability
If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the parties agree that the court should attempt to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
14.3. No Waiver
Any failure by the Company to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
14.4. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
14.5. Notice
Notices to you may be made via email. The Website may also provide notices to you regarding changes to these Terms or other matters by displaying notices or links to notices generally on the Service.
14.6. Changes to These Terms
We reserve the right, in our sole discretion, to modify or replace parts of these Terms at any time. If we do so, we will post the changes on this page and indicate at the top of this page the date of the last revision of these Terms.
Any such changes will not take effect earlier than 14 days after they are posted, except for changes addressing new functions of the Service or changes made for legal reasons, which will take effect immediately. Your continued use of the Service after the effective date of any such changes constitutes your acceptance of the new terms.
14.7. 18 U.S.C. 2257 Exemption Federal Labeling and Record-Keeping Law
We operate as a purely AI-generated content platform where no real individuals are portrayed or engaged in any content creation. Every piece of content accessible on the Website is exclusively generated through artificial intelligence (AI) technology. This method eliminates the participation of real human beings in the creation of images, videos, or any other material available on our Website or Service.
The Federal Labeling and Record-Keeping Law is therefore not applicable.
If you have any questions or require further clarification regarding 18 U.S.C. 2257 Exemption.
Contact Us
Please don't hesitate to reach out if you have any questions; we always appreciate your feedback!
By email: support@eroplay.ai
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