THIS DOCUMENT STATES THE TERMS AND CONDITIONS UPON WHICH, Utopia AI, Inc., d/b/a Spicey AI (“Spicey”), THE OWNER OF THIS WEBSITE/PLATFORM (“website”), PROVIDES INFORMATION AND SERVICES TO USERS OF THIS WEBSITE. PLEASE NOTE THAT ALL USERS OF THIS WEBSITE SHALL BE SUBJECT TO ANY ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO SUCH USE WHICH MAY BE POSTED FROM TIME TO TIME. THESE TERMS AND CONDITIONS CONSTITUTE A CONTRACTUAL AGREEMENT BETWEEN YOU AND Spicey. If you have any questions regarding the terms of this agreement, please contact Spicey at support@spicey.ai. The www.spicey.ai website (the “Website”) and the information and services related thereto are proprietary materials owned, operated and maintained by Spicey for use solely by individuals authorized by Spicey (“Users”). Any reference herein to “you” or “your” shall mean “User”. Any reference herein to “we”, “us”, or “our” shall mean “Spicey”. These terms of use govern your use of the Services (as later defined) and your responsibilities as a User. By your use of this Website and/or the Services, you agree to be bound by and comply with these Terms. If you do not agree to these Terms, you are forbidden from accessing the Website or using the Services. Spicey reserves the right to amend these Terms from time to time and at any time by posting such amendments on the Website, and your continued use of the Website and the Services following posting of any such amendment constitutes your acceptance of such amendment, regardless of whether you actually have read any such amendment. We recommend that you periodically check this Website for changes. As used herein, the term “User” refers to you, any entity you represent, and your or its representatives, successors, assigns and affiliates. A. Services and Grant of Rights and Authorization of Use Spicey provides a platform that allows users to chat with an artificial intelligence 'chatbot' via voice, text, and images (the 'Services'). The term 'Services' encompasses any additional services provided by Spicey or available to users on the website. When engaging with the chatbot, users are not communicating with a real person but with software built on Spicey’s AI technology, which is continually learning and adapting. Any images depicting people are purely illustrative and not of real individuals. Users are authorized to access these services solely for personal and non-commercial use. Unauthorized redistribution or commercial use may lead to account suspension or termination. Spicey hereby grants User a non-exclusive, non-transferable, limited right to access, display on User’s computer, and use the Services consistent with these Terms of Use. This grant shall be terminable by Spicey at will, for any reason, and at Spicey’s sole discretion. You represent that you are an adult over 18 years of age, or the age of majority in your jurisdiction, whichever is greater. Anyone under this age is strictly forbidden from using the Website or the Services. We do not knowingly seek or collect any personal information or data from persons who have not attained this age.
B. Refund and Credit Policy Users can purchase Spicey Credits, which are used to access Services such as chat minutes, photo responses, or video content from AI representations. All credit purchases are final and non-refundable. Spicey Credits are not a cryptocurrency or a financial investment. They have no monetary value outside of the platform and are intended solely for use within the Spicey AI ecosystem. Spicey Tokens, if and when distributed, are utility tokens intended for access and platform verification, and do not represent equity, dividends, or ownership of any kind. Users agree not to initiate chargebacks or payment disputes for purchases of digital goods, including Spicey Credits. Any chargebacks will result in immediate account termination and may be referred to collections.
C. Proprietary Materials All logos, software, and designs on this platform are the proprietary materials of Spicey AI. Users are prohibited from copying, modifying, or reproducing any proprietary content without explicit written permission from Spicey AI.
D. Copyright Complaints If you believe your copyrighted material has been used in violation of your rights, please contact support@spicey.ai with details of the infringement. We will investigate and take appropriate actions, which may include removing the content and terminating the user’s access.
E. User Obligations and Negative Covenants Users agree not to use Spicey AI for any unlawful purposes or to violate the rights of others. This includes harassment, hacking, and spreading malicious software. Accounts found violating these rules may be suspended or terminated. Users are strictly prohibited from screen recording, scraping, redistributing, or otherwise sharing any AI-generated content outside of the Spicey AI platform. Violations may result in account suspension or legal action.
F. Linked Sites Our platform may contain links to external sites not controlled by Spicey AI. We do not endorse or assume responsibility for the content, privacy practices, or transactions on these external sites.
G. User’s Acknowledgements and Agreements By accessing or using Spicey AI, users acknowledge that they have read and agree to abide by these Terms of Service. Continued use of the platform signifies acceptance of these terms.
H. Indemnification and Release Users agree to indemnify Spicey AI against any claims or liabilities arising from their misuse of the platform. Spicey AI is not liable for any damages exceeding the amount paid by the user in the last 12 months.
I. Disclaimer of Warranties and Limitations We strive to provide a reliable and high-quality service, but all services and content provided by this platform are offered "as-is" and "as available" without any warranties, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that our services will be uninterrupted, error-free, or completely secure. You understand that any reliance on the information and services provided is at your own risk. In no event will we be liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use our services, even if we have been advised of the possibility of such damages.
J. Termination Spicey AI reserves the right to terminate or suspend user accounts at its discretion, particularly in cases of violation of these terms, inappropriate behavior, or illegal activities. Terminated users are barred from accessing the services. Users can voluntarily request account termination by contacting support@spicey.ai. After termination, all licenses granted to the user are revoked, and Spicey AI is not liable for any damages resulting from termination.
K. Arbitration/Law/Jurisdiction These Terms shall be governed and construed in accordance with the laws of Texas, USA. Any disputes arising out of or in connection with these Terms shall be settled through binding arbitration in Austin, Texas. Users agree to waive their right to a jury trial or to participate in class action lawsuits. Each party will be responsible for its own legal costs. Users are responsible for ensuring that access to and use of Spicey AI is legal in their jurisdiction. We do not represent that the Services are appropriate or available for use in all locations.
L. General These Terms represent the complete agreement between the user and Spicey AI and supersede all previous understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect. Failure to enforce any provision does not constitute a waiver of that provision or any other provision.
M. Creator Participation and Use of Likeness Creators who partner with Spicey AI authorize the platform to use their name, likeness, voice, and approved materials for the creation of AI-generated representations. These representations may be made available to users via Spicey Credits. Creators agree that all such representations remain the intellectual property of Spicey AI. Creators receive compensation as outlined in their separate agreement with the company.
N. AI Interaction Guidelines Users may not use the platform to request or engage in simulated acts that would violate applicable law, involve minors, promote hate speech, or otherwise fall outside community standards. Accounts in violation will be terminated.