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Terms of Service

We are delighted to have you with us. This Terms of Service is an agreement between you and MatelinkAi Inc. This agreement covers the MatellinkAi.com website (the "Website") and the SpicyLovers mobile application (the "App"). In these terms, we sometimes refer to MatelinkAi, Inc. as "MatelinkAi," "the Company," "we," or "us." We collectively refer to our Website and App, along with any content, tools, features, and services provided through them, as the "Service."

This agreement governs your access to and use of the Service. Please read it carefully as it contains important information about your legal rights. By accessing or using the Service, you agree to these terms. If you do not understand or do not agree to these terms, please do not use the Service.

In these terms, "you" and "your" refer to you as a user of the Service. If you use the Service on behalf of a company or other entity, then "you" includes both you and that entity, and you represent and warrant that: (a) you are an authorized representative of that entity with the authority to bind the entity to these terms; and (b) you agree to these terms on behalf of the entity.

Please Note: These terms contain an arbitration clause and a class action waiver. By agreeing to these terms, you agree to resolve all disputes with us through binding individual arbitration. This means you waive any right to have those disputes decided by a judge or jury and 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.

Use of the Service

Your Registration Obligations. When you register to use the Service, you agree to provide accurate and complete information about yourself. If you are under 13 years of age, or if you are a citizen or resident of the European Union under 16 years of age, do not register for the Service—you are not authorized to use the Service.

Member Account, Password, and Security. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify MatelinkAi of any unauthorized use of your password or account or any other breach of security, and to ensure that you log out from your account at the end of each session. MatelinkAi will not be liable for any loss or damage arising from your failure to comply with this section.

General Practices Regarding Use and Storage. You acknowledge and agree that MatelinkAi may establish general practices and limits concerning use of the Service. These may include, without limitation, the maximum period that data or other content will be retained by the Service and the maximum storage space that will be allotted on MatelinkAi's servers on your behalf. You agree that MatelinkAi has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by you to the Service. You acknowledge that MatelinkAi reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that MatelinkAi reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Email Notifications. You agree to receive electronic communications from us sent to the email address you provided. These communications may relate to your account, changes to the Service, or other updates or marketing information related to our platform.

Terms of Use

User Conduct. In addition to agreeing to abide by our Community Guidelines (which are incorporated into these terms), you agree to abide by the following conditions when using the Service.

You are solely responsible for all content you submit to the Service. ("Your content" and similar expressions refer to any content you wish to publish, transmit, or share, including but not limited to text, images, sound, video, graphics, information, or other data.) Your use of the Service may be subject to the license and usage restrictions set forth in the CreativeML Open RAIL-M License. You agree not to submit any content that:

  • (i) Infringes on the intellectual property or other proprietary rights of any party;
  • (ii) You are not authorized to submit;
  • (iii) Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • (iv) Poses a privacy or security risk to anyone;
  • (v) Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;
  • (vi) Is threatening, abusive, harassing, defamatory, bullying, or excessively violent;
  • (vii) Is libelous, slanderous, or knowingly false and intended to harm others;
  • (viii) Constitutes hate speech, degrades or promotes discrimination or violence based on race, ethnicity, gender, religion, age, or other social, physical, or psychological characteristics;
  • (ix) Is obscene or pornographic;
  • (x) Constitutes sexual harassment;
  • (xi) Constitutes sexual exploitation or abuse of minors, including distributing images or content of child sexual exploitation or abuse, grooming, or sextortion;
  • (xii) Glorifies self-harm, including self-injury, suicide, or eating disorders;
  • (xiii) Promotes terrorism or violent extremism;
  • (xiv) Promotes or facilitates criminal activity;
  • (xv) Attempts to buy or sell illegal drugs;
  • (xvi) Enables fully automated decision-making that adversely impacts an individual's legal rights or creates binding, enforceable obligations;
  • (xvii) Attempts to provide medical, legal, financial, or tax advice;
  • (xviii) Interferes with or disrupts the Service or servers or networks connected to the Service;
  • (xix) Uses another person's name, likeness, or image without permission and outside of permissible contexts such as non-commercial parody or public commentary, infringing or misappropriating their right of publicity;
  • (xx) Is, in MatelinkAi's judgment, objectionable or restricts or inhibits any other person from using or enjoying the Service, or may expose MatelinkAi or its users to harm or liability.

You also agree not to engage in any of the following when using the Service:

  • (i) Violate any requirements, procedures, policies, or regulations of networks connected to the Service;
  • (ii) Violate any applicable law or regulation;
  • (iii) Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
  • (iv) Solicit personal information from anyone under 18 years of age;
  • (v) Collect or harvest email addresses or other contact information of other users from the Service by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications;
  • (vi) Obtain or attempt to access any information through any means not intentionally made available or permitted by the Service;
  • (vii) Rent, lease, sell, or sublicense any part of the Service;
  • (viii) Attempt to circumvent any technical measures intended to protect the Service or any technology related to the Service;
  • (ix) Reverse engineer, decompile, disassemble, decode, adapt, or otherwise attempt to derive or gain access to any source code of the Service in whole or in part (except where portions of code are released as open source software in the Service and the open source license governing that code explicitly permits reverse engineering, copying, or other modification).

If MatelinkAi chooses to support voice or audio features, you agree not to engage in any of the following when using the Service:

  • (i) Submit recordings of third parties (including, without limitation, celebrities) without their consent;
  • (ii) Use any voice feature for "deepfakes" or any form of impersonation, including but not limited to creating political misinformation, committing fraud or scams, damaging the reputation of third parties, or otherwise constituting harmful behavior.

We reserve the right to investigate and take appropriate action, at our sole discretion, against anyone we determine to have violated the above. Such actions may include, without limitation, removing content from the Service, suspending or terminating your account, and reporting you to law enforcement.

Intellectual Property

Your Content. When you submit content to the Service, you represent and warrant that you own all rights, title, and interest (including but not limited to all copyrights and publicity rights) in such content, or that you have obtained all necessary licenses, approvals, and authorizations to submit such content to the Service for the uses contemplated in these terms.

When you submit such content, you retain whatever ownership you originally had in that content. You grant to MatelinkAi, to the maximum extent permitted by law, a non-exclusive, worldwide, royalty-free, fully-paid, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize, and otherwise use the content in any form, media, or technology (whether now known or hereafter developed) for any purpose related to SpicyLovers, including but not limited to operating, improving, and providing the Service. You agree that these rights and licenses include the right for MatelinkAi to make the content available to other parties with whom we have contractual relationships and to transfer these rights to such other parties, as well as to allow third parties to access or disclose the content as we deem necessary or appropriate.

Although we are not obligated to do so, we may, at any time and for any reason, access, review, screen, edit, modify, and delete your content, including to provide and develop the Service, or if we believe the content violates these terms or any applicable law.

Characters and Generations. When you use the Service to create an automated AI character (a "Character") under these terms, you and MatelinkAi own all rights in that Character as between you and MatelinkAi. As between you and MatelinkAi, you also own any text, image, audio, or video generated by that Character (a "Generation") that you trigger. You grant to MatelinkAi, to the maximum extent permitted by law, a non-exclusive, worldwide, royalty-free, fully-paid, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize, and otherwise use the Character and all Generations you trigger, in any form, media, or technology (whether now known or hereafter developed) for any purpose, including but not limited to: (i) facilitating other users' interaction with the Character and triggering Generations; and (ii) promoting the Service both on and off the platform.

When you interact with a Character created by MatelinkAi or created by another user using the Service under the then-applicable terms, you own the Generations you elicit from that Character (but not the Character itself, other Generations, or other content, all of which remain owned by MatelinkAi or the other applicable third-party owner). You grant to MatelinkAi, to the maximum extent permitted by law, a non-exclusive, worldwide, royalty-free, fully-paid, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize, and otherwise use the Generations you elicit, in any form, media, or technology (whether now known or hereafter developed) for any purpose, including but not limited to: (i) facilitating other users' interaction with the Character and eliciting Generations; and (ii) promoting the Service both on and off the platform.

Service Content, Software, and Trademarks. You acknowledge and agree that the Service may contain content or features that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. In using the Service, you shall not engage in or use any data mining, robots, web crawlers, or similar automated data gathering or extraction methods. If you are blocked by us from accessing the Service (including blocking your IP address), you agree not to take any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by us.

The SpicyLovers name and logos are trademarks of MatelinkAi (collectively the "MatelinkAi Trademarks"). Other trademarks displayed through the Service may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected to MatelinkAi. Nothing in these terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any MatelinkAi Trademark without our prior written permission. All goodwill generated from the use of MatelinkAi Trademarks will inure to our exclusive benefit.

Third-Party Content. In no event shall MatelinkAi be liable for any content or materials of any third parties, including any Characters created by third parties and any derivative works generated from them. This includes, without limitation, infringement of intellectual property rights, any errors or omissions in any content, and any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content and that AI-generated chats are inherently unpredictable and may produce inaccurate or offensive derivative works. You agree that you must evaluate, and bear all risks associated with, the use of any content or derivative works. You should not rely on the accuracy or completeness of information stated in content or derivative works, and if you do so, you acknowledge that you do so at your own risk.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse or remove any content available via the Service (including content, Characters, and Generations). Without limiting the foregoing, we have the right to remove any content that violates these terms or is otherwise objectionable as determined by us.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service provided by you to MatelinkAi are non-confidential and we will be entitled to their unrestricted use for any purpose, without acknowledgment or compensation to you.

You acknowledge and agree that we may preserve content and metadata as required or permitted by applicable law and our privacy policy. You acknowledge and agree that we may disclose content and/or metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these terms; (c) respond to claims that any content infringes the rights of third parties; or (d) protect the rights, property, or personal safety of MatelinkAi, its users, and the public.

Copyright Complaints

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

DMCA Notice. MatelinkAi will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement.

You may submit a DMCA request.

To be effective, the notice must be in writing and contain the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  • Your address, telephone 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 by you, 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 the copyright or intellectual property owner's behalf.

Counter-Notices. If you believe that your content was removed or disabled as a result of receiving a Digital Millennium Copyright Act (DMCA) notice and you believe the content is not infringing, you may send us a written counter-notice containing the following information:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location where the content appeared before it was removed or disabled;
  • A statement under penalty of perjury 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; and
  • A statement that you consent to the jurisdiction of the person who provided the infringement notice.

If we receive a counter-notice, we will send a copy of the counter-notice to the original complaining party, informing them that we may restore the removed/disabled content in 14 business days unless the original complaining party informs us that they have filed a lawsuit regarding the content.

Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, MatelinkAi has adopted a policy of terminating, in appropriate circumstances and at MatelinkAi's sole discretion, users who are deemed to be repeat infringers. MatelinkAi may also, at its sole discretion, limit access to the Service or terminate the registration of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party Websites and Services

The Service or third parties may provide links or other access to other websites, resources, or applications on the Internet or to third-party applications. MatelinkAi has no control over such websites, resources, or applications and MatelinkAi is not responsible for them and does not endorse them. You acknowledge and agree that MatelinkAi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, events, goods, or services available on or through any such website, resource, or application. Any dealings you have with third parties while using the Service are between you and the third party, and you agree that MatelinkAi is not liable for any loss or claim you may have against any such third party.

Indemnity and Disclaimer

You agree to release, indemnify, and hold MatelinkAi and its affiliates and their officers, employees, directors, and agents harmless from any and all losses, damages, and expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MATELINKAI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MATELINKAI DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT MATELINKAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS (INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), EVEN IF MATELINKAI 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 ACCESSING, USING, CREATING, OR INTERACTING WITH ANY CONTENT, CHARACTER, OR GENERATION; (III) YOUR SHARING OF ANY CONTENT, CHARACTER, OR GENERATION 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) ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL MATELINKAI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT YOU HAVE PAID MATELINKAI IN CONNECTION WITH YOUR USE OF THE SERVICE, IF ANY.

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 MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

Binding Arbitration for Dispute Resolution

This section concerns your rights, please read it carefully.

Arbitration Agreement. The section of these terms titled "Binding Arbitration for Dispute Resolution" is referred to in these terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and MatelinkAi, whether arising out of or relating to these terms (including any alleged breach thereof), the Website or Service, any aspect of our relationship or transactions, shall be resolved exclusively through final and binding arbitration, rather than in court, and shall be conducted in accordance with the terms of this Arbitration Agreement. However, if your claim qualifies, you may assert it in small claims court on an individual basis. Furthermore, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, which may seek relief on your behalf if the law allows. You agree that, by entering into these terms, you and MatelinkAi are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND MATELINKAI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and MatelinkAi agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, 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 necessitated by that party's individual claim(s).

Pre-Arbitration Dispute Resolution. MatelinkAi is always interested in resolving disputes amicably and fairly, so we strongly encourage you to contact us first through our Support Center if you have any concerns. If the dispute is not resolved, the party intending to pursue arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to MatelinkAi should be sent to contact@spicylovers.io. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If you and MatelinkAi do not resolve the claim within 60 calendar days after the Notice is received, you or MatelinkAi may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by MatelinkAi or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or MatelinkAi is entitled.

Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential to protect the interests of the parties.

Termination

You agree that MatelinkAi may, in its sole discretion, suspend or terminate your account (or any part thereof) or your use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, lack of use or if MatelinkAi believes that you have violated or failed to comply with the letter or spirit of these terms.

MatelinkAi may at any time, in its sole discretion, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms may be effected without prior notice, and you acknowledge and agree that MatelinkAi may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Termination of your account or your access to any part of the Service shall not terminate MatelinkAi's rights to your content. Further, you agree that MatelinkAi will not be liable to you or any third party for any termination of your access to the Service.

General

Entire Agreement. These terms constitute the entire agreement between you and MatelinkAi and govern your use of our Service, superseding any prior agreements between you and MatelinkAi with respect to the Service.

Severability. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect.

No Waiver. The failure of MatelinkAi to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

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 use of the Website or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Assignment. You may not assign these terms without the prior written consent of MatelinkAi, but MatelinkAi may assign or transfer these terms, in whole or in part, without restriction.

Notices. We may provide you with notices, including those regarding changes to these terms, by email, regular mail, or by posting on the Service. In addition, the Website may provide notice to you of changes to these terms or other matters by displaying notices or links to notices generally on the Service.

Changes to These Terms

We reserve the right, at our sole discretion, to change or modify portions of these terms at any time. If we do so, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new terms.

Contact Us

If you have any questions about our Service or to report any violations of these terms, please contact us at contact@spicylovers.io.