Terms of Service
Chibi AI Terms of Service
1. Introduction
Welcome to Chibi AI! By using our service, you agree to these Terms of Service. Please read them carefully.
2. Service Description
Chibi AI is an AI-powered content creation platform that offers features such as a document editor, customizable AI actions, roles, memory, and more.
3. User Accounts
3.1. You must create an account to use Chibi AI.
3.2. You are responsible for maintaining the confidentiality of your account information.
3.3. You must be at least 18 years old to use Chibi AI.
4. Subscription and Payments
4.1. Chibi AI offers 3-tiers of plans at $9/month, $29/month, or $49/month (or $90/year, $290/year, and $490/year).
4.2 All new subscribers start with a 3-day free trial with access to full features of Chibi AI.
4.3. We offer a 30-day money-back guarantee for new users.
4.4. You are responsible for all charges incurred under your account.
5. AI Model Integration ("Bring Your Own AI")
5.1. Third-Party AI Services
5.1.1. Chibi AI allows you to integrate AI models from third-party providers such as OpenAI, AI21, Anthropic, Mistral, Together AI, via OpenRouter (collectively referred to as "Third-Party AI Services").
5.1.2. You understand and agree that these Third-Party AI Services are not owned, controlled, or operated by Chibi AI.
5.2. User Responsibilities
5.2.1. You are responsible for obtaining necessary developer accounts and API keys from these Third-Party AI Services.
5.2.2. You agree to comply with all terms of service, usage policies, and other requirements set by the Third-Party AI Services you choose to integrate.
5.2.3. All token costs and billing for AI usage are managed directly between you and the Third-Party AI Service provider.
5.3. Chibi AI's Role
5.3.1. Chibi AI's role is limited to facilitating the integration between our platform and the Third-Party AI Services, such as OpenRouter.
5.3.2. We do not guarantee the availability, reliability, or performance of any Third-Party AI Service.
5.4. API and Service Issues
5.4.1. Chibi AI is not responsible for any disruptions, errors, or issues arising from: a) Changes made by Third-Party AI Services to their APIs or services b) Downtime or outages of Third-Party AI Services c) Rate limiting or quota issues with your Third-Party AI Service accounts d) Changes in pricing or terms of service by Third-Party AI Services
5.4.2. In the event of API changes or service issues with Third-Party AI Services, Chibi AI will make reasonable efforts to update our integration, but we cannot guarantee immediate fixes or continued compatibility.
5.5. Account Issues
5.5.1. You are solely responsible for maintaining your accounts with Third-Party AI Services, including:
a) Keeping your API keys secure
b) Ensuring your account remains in good standing
c) Addressing any billing or payment issues
d) Resolving any account suspensions or terminations
5.5.2. Chibi AI cannot intervene on your behalf in disputes or issues with your Third-Party AI Service accounts.
5.6. Data and Privacy
5.6.1. When you use Third-Party AI Services through Chibi AI, your data may be transmitted to and processed by these services.
5.6.2. Chibi AI is not responsible for how Third-Party AI Services handle, store, or process your data. Please refer to the privacy policies of the respective Third-Party AI Services for information on their data practices.
5.7. Service Changes and Discontinuation
5.7.1. Third-Party AI Services may change, suspend, or discontinue their services at any time. Chibi AI is not responsible for any such changes or discontinuations.
5.7.2. In the event a Third-Party AI Service discontinues or significantly alters its service, Chibi AI will make reasonable efforts to provide alternative options or workarounds, but we cannot guarantee continued functionality that relies on the affected service.
5.8. Indemnification
5.8.1. You agree to indemnify and hold harmless Chibi AI from any claims, damages, or losses arising from your use of Third-Party AI Services, including any violations of their terms of service or any disputes regarding billing or account issues.
5.9. Disclaimer of Warranties
5.9.1. CHIBI AI PROVIDES THE INTEGRATION WITH THIRD-PARTY AI SERVICES "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
5.9.2. CHIBI AI DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT OR SERVICES PROVIDED BY THIRD-PARTY AI SERVICES.
6. User Content
6.1. Ownership of Content
6.1.1. You retain full ownership of all content you create using Chibi AI ("User Content"). This includes, but is not limited to, text, documents, images, and any other materials generated or uploaded through our service.
6.1.2. Chibi AI does not claim any ownership rights in your User Content. Your content remains yours, period.
6.2. License to Chibi AI
6.2.1. You grant Chibi AI a limited license to host, store, and display your User Content solely for the purpose of providing and improving our services to you.
6.2.2. We will never use, share, sell, or distribute your User Content for any other purpose without your explicit, expressed permission.
6.3. Content Responsibility
6.3.1. You are solely responsible for all User Content that you create, generate, or upload using Chibi AI.
6.3.2. You affirm, represent, and warrant that:
a) You own or have the necessary licenses, rights, consents, and permissions to use and authorize Chibi AI to host and store your User Content.
b) Your User Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) violate any applicable law or regulation.
6.4. Content Removal and Termination
6.4.1. Chibi AI reserves the right to remove any User Content that violates these Terms of Service or is otherwise objectionable, at our sole discretion.
6.4.2. In case of repeated violations, we may terminate or suspend your access to Chibi AI without prior notice or liability.
6.5. Backup of User Content
6.5.1. While we strive to maintain and back up your User Content, we strongly recommend that you keep backup copies of your important content.
6.5.2. Chibi AI is not responsible for any loss or corruption of User Content.
6.6. Privacy and Confidentiality
6.6.1. We respect your privacy and the confidentiality of your User Content. We will not access, view, or analyze your User Content except:
a) As required by law
b) To maintain, improve, or provide our services
c) To respond to your support requests
d) If we have a good faith belief that access, preservation, or disclosure of such information is reasonably necessary to protect the rights, property, or safety of Chibi AI, its users, or the public
6.6.2. For more information on how we handle your data, please refer to our Privacy Policy.
6.7. Feedback and Suggestions
6.7.1. If you provide Chibi AI with any feedback or suggestions regarding the Service, you hereby assign to Chibi AI all rights in such feedback and agree that Chibi AI shall have the right to use and fully exploit such feedback and related information in any manner it believes appropriate.
6.8. Sharing and Exporting
6.8.1. Chibi AI allows you to export and share actions, roles, snippets, blueprints, and global memory.
6.8.2. By sharing, you grant other users permission to use and modify the shared items.
7. Communication and Marketing
7.1. Email Communications
7.1.1. By creating an account with Chibi AI, you agree to receive communications from us via the email address you provide (associated with the Google account you used to connect with Chibi AI).
7.1.2. These communications may include, but are not limited to:
a) Service-related announcements
b) Account notifications
c) Technical updates
d) Security alerts
e) Support responses
f) Marketing and promotional materials
7.2. Marketing Communications
7.2.1. You grant Chibi AI the right to send you marketing and promotional materials via email.
7.2.2. These materials may include information about: a) New features or services b) Updates to existing services c) Special offers or promotions d) Events or webinars e) Content we believe may be of interest to you based on your use of our services
7.3. Opting Out
7.3.1. You may opt out of receiving marketing communications at any time by:
a) Using the "unsubscribe" link provided in our marketing emails
b) Contacting our support team
7.3.2. Please note that even if you opt out of marketing communications, you may still receive service-related communications that are necessary for the administration and use of your account.
7.4. Third-Party Communications
7.4.1. Chibi AI will never sell or rent your email address to third parties for their marketing purposes.
7.4.2. However, we may share your email address with service providers who assist us in sending communications. These service providers are contractually bound to use your email address only for providing services to Chibi AI.
We currently use MailChimp as our email service provider.
7.5. Changes to Communication Policies
7.5.1. Chibi AI reserves the right to modify its communication policies at any time.
7.5.2. We will notify you of any significant changes to our communication policies via email or through a notice on our website.
7.6. Consent
7.6.1. By agreeing to these Terms of Service, you expressly consent to receive communications from Chibi AI as described in this section.
7.6.2. You acknowledge that this consent remains valid even if your telephone number is listed on any state or federal Do Not Call list.
8. Prohibited Uses
8.1. Creative Freedom
8.1.1. Chibi AI is committed to supporting your creative freedom. We encourage you to explore ideas, create content, and express yourself freely within the confines of our service.
8.1.2. We acknowledge that content created within Chibi AI is private by default and not publicly visible unless you choose to share it elsewhere.
8.2. Legal Compliance
While we respect your creative freedom, you agree not to use Chibi AI:
8.2.1. In any way that violates any applicable federal, state, local, or international law or regulation.
8.2.2. To engage in, promote, or encourage illegal activity.
8.2.3. To violate the legal rights of others, including but not limited to intellectual property rights, privacy rights, and publicity rights.
8.2.4. To impersonate or attempt to impersonate Chibi AI, a Chibi AI employee, another user, or any other person or entity.
8.3. Harmful Activities
You agree not to use Chibi AI:
8.3.1. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
8.3.2. To upload or transmit viruses, malware, or other malicious code that may affect the operation of Chibi AI or any connected systems.
8.3.3. To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Chibi AI, the server on which Chibi AI is stored, or any server, computer, or database connected to Chibi AI.
8.4. Content Restrictions
While we do not actively monitor or censor your private content, you agree not to use Chibi AI to create, store, or process:
8.4.1. Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or hateful.
8.4.2. Content that promotes or provides instructional information about illegal activities.
8.4.3. Content that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party.
8.5. Responsibility and Liability
8.5.1. You are solely responsible for your use of Chibi AI and any content you create, even if it's not shared publicly.
8.5.2. If you choose to share content created with Chibi AI on other platforms or in public, you are responsible for ensuring that such sharing complies with the terms of service and community guidelines of those platforms.
8.5.3. Chibi AI reserves the right to report any illegal activities to appropriate law enforcement authorities.
8.6. Enforcement
8.6.1. While we do not proactively monitor private content, we reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions.
8.6.2. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, and take technical and legal steps to keep users off the platform if we think that they are creating problems or possible legal liabilities.
8.7. Changes to Prohibited Uses
8.7.1. Chibi AI reserves the right to update or modify this Prohibited Uses section at any time. We will notify users of any significant changes.
9. Privacy and Data Protection
We are committed to protecting your privacy. Please refer to our Privacy Policy for details on how we collect, use, and protect your data.
10. Modifications to the Service
We reserve the right to modify or discontinue Chibi AI at any time, with or without notice.
11. Termination
We may terminate or suspend your account if you violate these Terms of Service.
12. Disclaimer of Warranties
Chibi AI is provided "as is" without any warranties, express or implied.
13. Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS CHIBI AI'S LIABILITY TO YOU.
13.1. To the maximum extent permitted by applicable law, Chibi AI, its affiliates, officers, employees, agents, partners and licensors shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(a) Your access to or use of or inability to access or use the Service;
(b) Any conduct or content of any third party on the Service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
(c) Any content obtained from the Service;
(d) Unauthorized access, use or alteration of your transmissions or content;
(e) Bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party;
(f) Errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service;
(g) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Service.
13.2. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not Chibi AI has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
13.3. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
13.4. You specifically acknowledge that Chibi AI shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
13.5. In no event shall Chibi AI's total liability to you for all damages, losses or causes of action exceed the amount you have paid Chibi AI in the last six (6) months, or, if greater, one hundred dollars ($100).
13.6. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Service or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the Service.
13.7. If you are a user from New Jersey, the foregoing sections on limitation of liability are intended to be only as broad as is permitted under the laws of the State of New Jersey. If any portion of these sections is held to be invalid under the laws of the State of New Jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections.
14. Governing Law
14.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Iowa, United States, without regard to its conflict of law provisions.
14.2. You agree that any legal action or proceeding between Chibi AI (operated by AtMyBase LLC, an Iowa based Limited Liability Corporation) and you for any purpose concerning these Terms of Service or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Iowa, United States.
14.3. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
14.4. Chibi AI's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
14.5. If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect.
15. Dispute Resolution
15.1. In the event of any controversy or claim arising out of or relating to these Terms of Service, the parties shall first attempt to resolve the matter informally. Any claim not resolved informally shall be submitted to binding arbitration in Iowa, in accordance with the rules of the American Arbitration Association.
15.2. The arbitration shall be conducted by a single arbitrator, and the arbitrator's decision shall be final and binding on both parties. The arbitrator shall have no authority to award punitive damages.
15.3. Each party shall bear its own costs and expenses and an equal share of the arbitrator's and administrative fees of arbitration. Notwithstanding the foregoing, Chibi AI shall still be allowed to seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
15.4. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CHIBI AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15. Contact Us
If you have any questions about these Terms of Service, please contact us at support@chibi.ai.
By using Chibi AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Last updated: 24 August, 2024