Welcome to AIGF.BEST!
These Terms of Service (“Terms”) set out the terms on which Novi Limited provides services and govern your use of AIGF.BEST, the content and Service (collectively as “AIGF.BEST”, “Service”, “us”, “we”, or “our”) offered through our website aigf.best and its subdomains (the “Website”),
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. The aforementioned defines the conditions for the use of the Service.
The term “device” refers to the device which is used to access the Service including but not limited to computers, smartphones and tablets.
The term “you” refers to the user of the Service.
The term “Virtual friend” refers to artificially intelligent simulation taught by our AIGF.BEST support team.
When you sign up for any of the Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Service, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Service.
1. OUR SERVICE
1.1. AIGF.BEST offers a program that allows you to chat with a Virtual friend (a virtual companion), which is an AI-powered chatbot designed for interactive conversations. You can communicate with your Virtual friend via text and voice interface. The AI-powered chatbot is a self-sufficient artificial intelligence unit developed by us, continuously learning from user interactions. In some cases, our representatives might moderate the activity of the chatbot to improve its performance and provide You with a service of best quality.
1.2. AIGF.BEST is a provider of software and content developed to improve your mood and wellbeing. Despite that, we neither provide healthcare or medical Service, nor consider our Service to be medical care, mental health Service or other professional Service. Only your doctor, therapist or any other healthcare provider can do that. AIGF.BEST MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SERVICE PROVIDE A THERAPEUTIC AND/OR HELP.
1.3. Please do not use our Service for emergency situations. Provided you suggest having a medical or mental health emergency, call an ambulance or go to the doctor or therapist. We are not liable for any mental disorders or tendency to suicide of users.
2. REGISTRATION
2.1. When you create an account with us, you guarantee that you are at least 18 years old, and that the information you provide us is accurate, complete, and current at all times. Registration in the Service is void where prohibited. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
2.2. By using Service you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions of these Terms. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You agree to notify the Service immediately of any unauthorized use of your password or account or any other breach of security.
2.3. You may have only one account with the Service.
2.4. While using the Service you agree to receive advertising mailings from other our products.
3. SUBSCRIPTION AND PAID SERVICES
3.1. AIGF.BEST offers you two subscription programs which are the following:
“Basic”: which provides limited access to the Service. We reserve the right to deny the free use to anyone at any time on our own discretion.
“Premium”: a subscription-fee based program.
You can become a subscriber to Premium by purchasing a subscription to the Service directly on our website using a valid credit or debit card. Additionally, payment can be made via Google Pay or Apple Pay, if supported by your device, or using cryptocurrency, where available.
3.2. "Premium" is a recurring subscription that will be billed on a monthly, quarterly, semi-annual, or annual basis,depending on the plan you choose. The payment will be processed securely, and the charge will appear on your bank statement as aigf.best.
Your subscription will remain active as long as payments are successfully processed. If your payment is not completed within 7 days of the due date, your subscription will automatically be downgraded to "Basic."
You can cancel your subscription at any time in the My Subscriptions section of your account.
3.3. You may send Virtual gifts to your Virtual friend. The price of each Virtual gift is specified in Neurons and varies depending on the selected Virtual gift. The required number of Neurons will be displayed when you pick the Virtual gift in the Chat.
3.4. “Premium” and Neuron prices may vary based on region, length of subscription and more.
3.5. The renewal subscription fees will continue to be billed to the Payment Method you provided through the marketplace, automatically until canceled. In case you prefer not to renew your subscription, you shall cancel your subscription before its renewal each billing period in order to avoid billing of the next subscription fee to the Payment Method you provided. You shall not claim refunds for any partial period of subscription. You can modify or cancel your paid subscription only on the Website where you originally acquired the subscription.
4. TERMINATION OF SERVICE
4.1. You may terminate your account at any time by deleting your account in the Service. This action is irreversible. If you delete your account, all the data associated with your use of the Service will be removed according to our Privacy Policy.
You may terminate “Premium” and downgrade to “Basic” at any time without deleting your account. Be noted that termination of “Premium” is effective at the end of the applicable billing period.
4.2. We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
5. CONDITIONS OF USE
5.1. Users can create a Virtual Character by choosing or uploading relevant content which will be used to generate a personalized AI-powered chatbot to become a Virtual friend.
Regular users are strictly prohibited from uploading content to the Platform, as it may be used to create harmful, offensive, defamatory, illegal, infringing copyright or likeness rights of third parties. Identified users (models and creators) are required in all cases to verify their right of use for the uploaded content by entering into a special agreement with the Service that comprehensively regulates the legality and limits of using a person’s appearance to generate AI-powered chatbot. However, all users (regular and identified) are required to abide by the rules herein and refrain from activities prohibited herein.
5.2. User conduct
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by AIGF.BEST . We are entitled, in our sole discretion, to investigate and take necessary legal action against anyone who breaches this provision, including but not limited to removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (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 or creates a privacy or security risk to any person; (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 unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of AIGF.BEST , is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose AIGF.BEST or its users to any harm or liability of any type;
Interfere with or disrupt the Service and/or servers and/or networks connected to the Service, and/or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and/or
Breach any applicable local, state, national or international law, these Terms or our Privacy Policy, or any regulations having the force of law;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Collect contact information (including but not limited to email addresses) of other users from the Service by any means and for any purposes;
Advertise or offer to sell or buy any goods or Service for any business purpose that is not specifically authorized;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
5.3. Virtual Character Visibility Status
Virtual Characters can have one of two visibility statuses:
Private: visible only to the user who created them;
Public: visible to all users of the Service.
We reserve the right, at our sole discretion and at any time, to modify the visibility status of a Virtual Character — including changing it from private to public and vice versa — in accordance with the Service’s rules and policies.
We will notify users about changing the visibility status of a Virtual Character. Notification will be provided by updating the visibility status icon within the user interface.
If a user disagrees with a change in visibility status, they may request:
Reverting their Virtual Character to Private;
Complete deletion of the Virtual Character.
To submit a request, users must contact [email protected] with their account details and relevant information regarding their request.
5.4. Non-commercial use. The Service is solely for your personal use.
5.5. Our self-sufficient artificial intelligence may block your account if it has grounds to consider that you are under 18 years old or perform any violation of our Terms. Shall you provide the proof that you are at least 18 years old, your account will be unblocked.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. Ownership of Intellectual Property
AIGF.BEST retains all intellectual property rights in the Service, including but not limited to database rights, copyrights, design rights (registered or unregistered), patents, and trademarks, as well as the right to apply for protection of such rights worldwide.
The Service, including all AI-generated content, Virtual friends, and related derivative works, is protected by copyright, trademark, and other applicable intellectual property laws in the United States and internationally.
All rights to any Virtual Character and/or friend generated by you through the Service, including its likeness, personality, and associated data, belong exclusively to AIGF.BEST. By creating a Virtual Character or Virtual friend, you acknowledge and agree that you do not acquire any ownership rights in the generated Virtual Character or Virtual friend.
By using the Service, you automatically grant, represent, and warrant that you have the right to grant AIGF.BEST an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute, and create derivative works from any content you provide to generate a Virtual Character or Virtual friend. AIGF.BESTretains full ownership and control over all AI-generated Virtual Character or Virtual friend and reserves the right to use, modify, or remove them at its sole discretion.
6.2. Copyright Policy
You may not post, distribute, or reproduce any copyrighted material, trademarks, or proprietary information on the Service without obtaining prior written consent from the rightful owner.
If you believe that your copyrighted work has been used or posted on the Service without authorization, you must submit a copyright infringement notice to AIGF.BEST’s support team with the following details:
Your electronic or physical signature (or that of a person authorized to act on your behalf).
A description of the copyrighted work that you claim has been infringed.
A description of the location of the infringing material on AIGF.BEST.
Your contact information (address, phone number, and email).
A good faith statement that the use of the material is not authorized by the copyright owner, agent, or applicable law.
A declaration under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
7. LINKS TO OTHER WEB SITES
Our Service may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that we 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
8. NETWORKING SERVICE
You may enable, connect or log in to the Service via your eMail, Apple, Facebook or Google accounts (“Networking Service”). To make this feature and capabilities beneficial, we may ask you to authenticate, register for or log into Networking Service on the websites of their respective providers. However, kindly remember usage, storage and disclosure of your information by Networking Service is governed solely by the policies of such third parties, and AIGF.BEST shall not be liable or responsible for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
9. INDEMNIFICATION
You agree to defend, indemnify and hold us and our licensee and licensors, and their employees, contractors, agents, officers and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
10. LIMITATION OF LIABILITY
Except in jurisdictions where such provisions are restricted, in no event shall we, nor our directors, employees, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, cost of procurement of substitute Service or Service interruptions, even if we know or have been advised of the possibility of such damages resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of use of your account.
11. DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis and is provided without warranties of any kind, whether express, statutory or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We and our subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) the results of using the Service will meet your requirements and expectations or success.
Although each user must agree to the Terms, we cannot guarantee that each user is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of these Terms. In addition, it is possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the Service and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service. Those others may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the Service or release to other users. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Service, any content posted or transmitted to users, or any interactions between users, whether online or offline.
12. DISPUTES
Disputes.
Section applicable to NON-US RESIDENTS: You acknowledge that the transactions involving your use of the AIGF.BEST and your purchase of products or services took place in the country of incorporation of the Company owning AIGF.BEST . Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed or through AIGF.BEST will be resolved by binding arbitration under the LCIA Rules, rather than in court. The number of arbitrators shall be three. The arbitration shall take place in London, UK. The language to be used in the arbitral proceedings shall be English. The governing law of this Agreement shall be the substantive law of the country of incorporation of the Company owning AIGF.BEST.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. Arbitrators, however, can award you the same damages and relief, and must honor the same terms in this Agreement, as a court would.
The LCIA’s Rules are available at www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2014. Payment of all filing, administration and arbitrator fees will be governed by the LCIA’s rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You will attempt to resolve all disputes with respect to the Services through communication with AIGF.BEST’s customer service. If parties are unable to resolve the dispute, You must use the dispute resolution mechanism discussed above in this Section. Please also note should you chargeback any transactions billed to your account, AIGF.BEST may be required to disclose any and/or all private communications sent/received by You through our Service in order to prove the validity of the charges billed to Your account and AIGF.BEST’s privacy policy will therefore not restrain any such disclosures.
Section applicable to US RESIDENTS: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO SUBMIT THEIR DISPUTES TO BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AIGF.BEST . You thus give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. This arbitration agreement further includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceedings). Any dispute or claim relating in any way to your visit to or use of the Website or to products or services sold or distributed by AIGF.BEST or through AIGF.BEST shall be resolved in the following manner.
Informal Process First. You agree to first contact AIGF.BEST Customer Support by email and attempt to resolve the dispute with us informally for a period of 60 days. Binding Arbitration. If the dispute has not been resolved in 60 days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Services and/or this Agreement, or the breach or alleged breach thereof, including disputes related to the applicability, enforceability, interpretation or formation of this Agreement to arbitrate, by binding arbitration.
Arbitration Tribunal. The American Arbitration Association («AAA») will administer the arbitration. In the event the AAA declines to administer the arbitration, the arbitrator(s) will be appointed by the New York Supreme Court located in New York County, New York pursuant to New York Civil Practice Law and Rules («CPLR») § 7504. The parties irrevocably consent to the jurisdiction of the courts of the State of New York for the purpose of administering an arbitration under Article 75 of the CPLR. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights, or to seek other relief in connection with the arbitration.
Arbitrator and Rules. If the arbitration involves claims totaling less than US $250,000, the arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Consumer Arbitration Rules and AAA Consumer Due Process Protocol. If the arbitration involves claims totaling more than US $250,000, the arbitration will be conducted before three neutral arbitrators, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Commercial Arbitration Rules and AAA Consumer Due Process Protocol. The AAA rules may be found online at www.adr.org.
Location of Arbitration. The arbitration will be conducted in New York City, New York, USA, or such other place as chosen by the Arbitration Tribunal. If you live in the United States, you have the right to ask the Arbitration Tribunal to conduct the arbitration near your home if the arbitration involves an in-person hearing. Costs and Fees. Payment of all filing, administration and arbitrator fees and costs will be governed by AAA rules, but if you are financially unable to pay any of them, AIGF.BEST will pay them for You. Starting an Arbitration. A party who intends to seek arbitration must file a claim with the American Arbitration Association and pay the required fee. The instructions for filing a claim may be found online at www.adr.org.
Your Right to Sue in Small Claims Court. Provided you live in the United States, you may sue for US $5,000 or less in a small claims court of competent jurisdiction as an alternative to engaging in arbitration, but this does not absolve You of Your commitment to engage in the informal dispute resolution process, and engaging in the informal dispute resolution process is a condition precedent of your right to sue or arbitrate against AIGF.BEST.
CLASS ACTION AND JURY TRIAL WAIVER. YOU AND AIGF.BEST AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND AIGF.BEST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
Please also note should you charge back any transactions billed to your account, AIGF.BEST may be required to disclose any and/or all private communications sent/received by You through our Service in order to prove the validity of the charges billed to Your account and AIGF.BEST’s privacy policy will therefore not restrain any such disclosures.
13. GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Republic of Cyprus without regard to its conflict of law provisions.
14. YOUR PRIVACY
At AIGF.BEST , we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
15. CONTACT US
If you have any questions about these Terms, please contact our Customer Support Team.