Terms of Service
Last Updated: 17th June 2024
These Terms of Service (“Terms”) are an agreement formedbetween you (“You”) and Utility3 Ltd (trading as and referred to as Oh)(“Company”, “we”, or “us”). These Terms cover the website available at chat.oh.xyz(the “Website”), the related applications (the “App”) operated on behalf of Oh,and any content, tools, features, and functionality offered on or through ourWebsite and App (collectively, the “Services”).
1. Acceptance of Terms
These Terms govern your access to and use of the Services.Please read them carefully, as they include important information about your legal rights. By accessing and/or using the Services, you’re agreeing to theseTerms. If you don’t understand or agree to these Terms, please don’t use the Services.
For purposes of these Terms, “you” and “your” refer to you as the user of the Services. If you use the Services on behalf of a company or other entity, then “you” includes both you and that entity. You represent and warrant that:
- (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms.
- (b) you agree to these Terms on the entity’s behalf.
Note: These Terms contain an arbitration clause andclass action waiver. By agreeing to these Terms, you agree:
- (a) to resolve all disputes with us through binding individual arbitration, which means you waive any right to have those disputes decided by a judge or jury.
- (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 explained below.
2. Use of the Services
2.1 Your Registration Obligations
You may need to register to access and use certain featuresof the Services. If you register, you agree to provide accurate and completeinformation about yourself. Registration data and other information about youare governed by our Privacy Policy. If you are under 18 years old, you are notauthorized to register for the Services.
2.2 Member Account, Password, and Security
You are responsible for maintaining the confidentiality ofyour account and password. You agree to:
- (a) promptly notify Oh of any unauthorized use of your account or any other security breach.
- (b) ensure you log out from your account at the end of each session. Oh will not be responsible for any loss or damage resulting from your failure to comply with this section.
2.3 Characters
We provide AI-powered characters for personalized virtual eroticencounters and/or relationships including but not limited to text message,voice message and image exchanges. By using our Services, users acknowledge andagree that we cannot guarantee the accuracy or reliability of our Services andcannot be held liable for any damages or losses resulting from their use. Wealso cannot guarantee uninterrupted availability of our Services due toscheduled downtime or disruptions.
2.4 Currency
Our Services make use of an in-platform virtual token calledOH tokens (“token”) to track the usage and monetize different generative AI services.The token can be exchanged to receive text messages, voice messages and images inthe character conversations. We reserve the right to freely determine theamount of currency required in exchange for our Services. These generations areautomatically rendered when using our Services, and we do not offer any refundsif they were rendered without explicit request by the user in the case of theplatform misunderstanding a request.
2.5 Modificationsto Site
Oh may modify or discontinue the Services, in whole or inpart, without notice. You agree that Oh will not be liable to you or any thirdparty for any such modifications or discontinuance.
2.6 GeneralPractices Regarding Use and Storage
Oh may set general practices and limits on the use of theServices, including data retention periods and storage space allotments. Youagree that Oh is not responsible for the deletion or failure to store any dataor content. Oh may terminate inactive accounts and change these generalpractices at any time, with or without notice.
3. Conditions Of Use
3.1 User Conduct
In addition to our Acceptable Use Policy (“AUP”), you agreeto certain conditions when using the Services. You are responsible for allcontent you upload, post, or otherwise transmit via the Services. Oh may takeaction against users who violate these provisions, including content removaland account suspension.
You agree not to use the Services to:
- Upload or transmit prohibited content.
- Request or intentionally generate prohibited content
- Violate any laws, regulations, or other requirements.
- Misrepresent your identity or affiliation.
- Solicit personal information from the bots.
- Harvest user information for unsolicited communications.
- Engage in unauthorized advertising or sales.
- Promote or take part in illegal activities.
- Bypass security measures.
- Use the Services in any manner that infringes on rights or violates laws.
3.2 Subscriptionand Payment:
We offer pay-as-you-go and subscription-based payments.Users agree to pay the fees and charges associated with their chosen Service.We reserve the right to change the token subscriptions and pricing withoutnotice, and we cannot be held liable for any changes made. We also reserve theright to modify or terminate our Services at any time.
Users can cancel their token subscription by accessing theirWallet on the Oh platform. Our Services will continue to be available to them inthe event of a cancellation, but we will not refund any unused Tokens. Bysubscribing to our token subscription, users agree to our terms and conditions,including our cancellation policy. We do not guarantee refunds and will onlygrant them at our sole discretion and subject to certain conditions. To beeligible for a refund, users must have a valid email address tied to theiraccount and contact us via email.
4 Intellectual Property Rights
4.1 User Content Uploaded to the Site
You represent and warrant that you have the rights to anycontent you upload or create using the Services. By uploading content, yougrant Oh a broad license to use that content for Oh-related purposes.
5 Website or Services Content, Software,and Trademarks
You acknowledge and agree that the Website or Services maycontain content or features (“Site Content”) that are protected by intellectualproperty laws. In connection with your use of the Website or Services, you mustnot engage in data mining or similar automated methods. If Oh blocks youraccess to the Website or Services, you agree not to circumvent such blocking.Unauthorized use of the Website, Services, or Site Content is strictlyprohibited. All rights reserved by Oh.
The Oh name and logos are trademarks of Utility3 Ltd(collectively the “Oh Trademarks”). Other trademarks on the Website or Servicesmay belong to their respective owners. Nothing in these Terms grants any rightsto Oh Trademarks without prior written permission. All goodwill from the use ofOh Trademarks benefits Oh exclusively.
5.1 Third Party Material
Oh is not liable for any third-party content or materials,including “jailbroken” characters and their generated content. This includesany infringement, errors, omissions, or related loss or damage. Oh may refuseor remove content at its sole discretion but has no obligation to pre-screencontent. You bear all risks associated with the use of content.
5.2 Submissions
Any questions, comments, suggestions, ideas, feedback, orother information provided by you to Oh is non-confidential. Oh may use anddisseminate these Submissions without acknowledgment or compensation.
5.3 Content Preservation and Disclosure
Oh may preserve and disclose content and/or metadata asrequired by law or for purposes such as enforcing these Terms, responding toclaims, or protecting the rights and safety of Oh, its users, and the public.You understand that processing and transmission of content may involve variousnetworks and changes to conform to technical requirements.
6 Copyright Complaints
Oh respects intellectual property rights and expects usersto do the same. If you believe your rights have been infringed, notify Oh followingthe procedure below.
Oh will investigate and act according to the DigitalMillennium Copyright Act (“DMCA”) and other applicable laws. Send writtennotification to:
Utility3
10 Greek Street
London
W1D 4DH
The notification must include specific information asoutlined in the provided text, such as electronic or physical signature,description of the infringed work, location of the infringing material, yourcontact details, and statements of belief and authorization.
6.1 Counter-Notice
If you believe your content was wrongly removed, you maysend a counter-notice to the Copyright Agent. Include your signature,identification of the removed content, location, a statement of belief, yourcontact details, and consent to jurisdiction and service of process.
Oh may send a copy of the counter-notice to the originalcomplainant. The removed content may be replaced or access restored within 10to 14 business days, at Oh's sole discretion, unless legal action is taken bythe copyright owner.
Repeat Infringer Policy
In accordance with the DMCA and other applicable laws, Ohreserves the right to terminate or limit access to Services for users deemed tobe repeat infringers, at its sole discretion.
Third Party Websites and Services
Links to third-party sites and resources may be provided. Ohhas no control over, nor does it endorse these sites, resources, orapplications. Oh is not responsible or liable for any damage, loss, or dealingswith third parties found while using the Services.
Indemnity and Release
You agree to release, indemnify, and hold Oh and itsaffiliates harmless from any losses, damages, expenses, rights, claims,actions, injuries, or violations of these Terms of Use or any rights ofanother.
Disclaimer of Warranty
The Service is provided on an “AS IS” and “AS AVAILABLE”basis without warranties of any kind. Oh disclaims all warranties and makes noguarantees regarding the Services, including uninterrupted, timely, secure,error-free usage, or the accuracy of results obtained.
Limitation of Liability
Oh is not liable for indirect, incidental, special,consequential, or exemplary damages, including damages for loss of profits,goodwill, use, data, or other intangible losses. Oh's total liability will notexceed £100.
Dispute Resolution By Binding Arbitration
This section contains details about your rights and theprocess for resolving disputes through arbitration. Key points include:
- Agreement to Arbitrate: All disputes are resolved through binding arbitration.
- Prohibition of Class and Representative Actions: Claims must be brought on an individual basis.
- Pre-Arbitration Dispute Resolution: Efforts to resolve disputes amicably.
- Arbitration Procedures: Procedures for arbitration, including costs, confidentiality, severability, and future changes.
- Location: Arbitration hearings will take place in London, United Kingdom.
Termination
Oh may suspend or terminate your account or use of theServices at its sole discretion for any reason. Termination may be effectedwithout prior notice.
General
- Entire Agreement: These Terms are the entire agreement governing the use of Services.
- Choice of Law, Jurisdiction, Venue: Governed by the laws of the United Kingdom.
- Severance: Invalid provisions are severable.
- No Waiver: No waiver of any provision.
- Expiration of Claims: Claims must be filed within one year.
- Admissibility: A printed version is admissible in legal proceedings.
- Assignment: You cannot assign these Terms; Oh may.
- Section Headings: For convenience only.
- Notice: May be given via email or mail.
Changes to these Terms
Oh reserves the right to change or modify these Terms at anytime.
Contact Us
For questions, violations, or contact, please use hello@oh.xyz.