Overview

Please read these Terms of Use ("Terms of Use", "Terms", "Terms and Conditions") carefully before using the Application Services operated by charactr ("us", "we", or "our"). The "Application Services" (the "Service") shall mean the app and programming interfaces under 'charactr'. A "Subscription(s)" shall mean a specified pricing plan and term length with associated features, functionality and volume tiers for the Application Services purchased by Customer.

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.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Subscriptions

The usage of the app is billed on a subscription basis. You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly, yearly, or half-yearly basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it. You may cancel your Subscription renewal at any time either through your App Store or Play Store. A valid payment method, including credit card, is required to process the payment for your Subscription.

We may change our subscription plans and the price of our Services from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

Free Trial

charactr offers every Annual Subscription with a free trial for a limited period of time ("Free Trial"), which can only be availed once. You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, charactr reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Refunds

Charactr does not handle refunds for subscriptions as it is entirely dependent on App Store and Play Store policy.

Intellectual Property

Intellectual Property The Service and its original content, features and functionality are and will remain the exclusive property of charactr and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of charactr.

Copyright Infringement

We do not allow any content that infringes copyright. The use of copyrighted content belonging to others without proper authorization or legally valid reason may lead to a violation of charactr's policies.

At the same time, not all uses of copyrighted content constitute an infringement. In many countries, exceptions to copyright infringement allow the use of these works under certain circumstances without authorization. These include the fair use doctrine in the United States, and permitted acts of fair dealing in the European Union (and other equivalent exceptions under applicable local laws in other countries).

If you believe your content is being infringed upon, please submit a claim to [EMAIL] and we will respond in a timely manner.

Links to Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by charactr. charactr has no control over, and assumes 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 charactr 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.

Indemnification

You agree to defend, indemnify and hold harmless charactr and its licensee and licensors, and their employees, contractors, agents, officers and directors, 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. charactr shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided charactr is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; charactr will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by charactr, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by charactr to be infringing, charactr may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder.

Limitation of Liability

In no event shall charactr nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, 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.

Export Laws

You agree to comply fully with all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

Updates and Upgrades

We may from time to time provide updates or upgrades to the Software (each a “Revision“), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Software. All references herein to the Software shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original Software, unless the Revision is accompanied by a separate license agreement which will govern the Revision.

Third Parties and Open Source Software

Portions of the Software may include third party open source software that are subject to third party terms and conditions (“Third Party Terms“). A list of any third party open source software and related Third Party Terms is available from charactr. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in this Agreement to the contrary, charactr makes no warranty or indemnity hereunder with respect to any third party open source software.

Third Party Source

The Software may enable you to view, access, post to, link to, and use content from Third Party Sources (as defined below) that are not owned or controlled by us (“Third Party Content“). The Software may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites and services; and/or (ii) our partners and customers. Third Party Sources may include a Payment Processor (including but not limited to Stripe. For more information, please visit: https://stripe.com/) and/or content monitoring service providers. We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or intellectual property rights of, or relating to, any Third Party Content. We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source. By using the Software you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk. You are solely responsible and liable for your interaction with a Third Party Source, including to any content that you may send or post to such Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against charactr, and release charactr from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source, including any outcome or output resulting from such interaction. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.

User Submissions

The Software may permit the submission and sharing of content by you and other users (“User Submissions“). Your User Submissions and/or Animations, Speech, Voice, or Media Content created by you may be made publicly available by you (e.g., on Third Party Sources). You understand that whether or not such User Submissions and/or Animations / Media are shared, we do not guarantee any confidentiality with respect to any User Submissions and/or Animations, Media, and Speech Content. You shall be solely responsible for your User Submissions and Content and the consequences of sharing them. We reserve the right without further notice to you, to monitor, censor, edit, reject, delete, and/or remove any and all Content submitted to the Software (including User Submissions and/or Animations) at any time and for any reason, as well as the right to terminate Accounts of Software users who are repeat violators of the terms of this Agreement. For the purpose of monitoring User Submissions and/or Media / Speech / Animation / Content, we may also use tools, software or services of Third Party Sources which may monitor the textual, audio, and/or imagery Content uploaded by Users in order to verify fair use and/or limit prohibited content as described herein, and may prohibit such upload in case of any conflict with this Agreement.

Ownership and Responsibility

You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by this Agreement. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. Notwithstanding anything to the contrary in this Agreement, You retain all of your ownership rights in your User Submissions. For clarity, you shall be responsible for obtaining all necessary consents, rights and/or licenses (including paying any applicable royalties), if any, to use the User Submissions and/or Animations, Media, or Speech in the Software (including for the provision and modification of the relevant images and in connection with the development of Animations). charactr shall not be liable for any claims of any kind (including copyright, publicity and/or privacy rights) made by any third party against charactr in connection with the use of User Submissions and/or Animations, Media, or Speech Content.

License to User Submissions

Subject to this Agreement and the terms of our Privacy Policy by submitting the User Submissions to the Software, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, create video, audio, or animated content while using, prepare derivative works of, display, and perform the User Submissions only in connection with the Software, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof), and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each Software user and Third Party Source a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in accordance with this Agreement.

Exposure. You understand and acknowledge that when accessing and using the Software and/or third party services: (i) you may be exposed to User Submissions and/or media content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions and/or Animations; and (ii) you may be exposed to User Submissions and/or Animations that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to (i) and (ii) herein.

Disclosure. We reserve the right to access, read, preserve, and disclose any User Submission or any other information that we obtain in connection with the Software as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce this Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your user support Inquiries, or (v) protect the rights, property or safety of charactr, our users or the public.

Prohibited Content. You agree that you will not send, display, post, submit, publish or transmit a User Submission that: (i) you do not have or have not obtained the appropriate rights or consents to use; (ii) is unfair or deceptive under the consumer protection laws of any jurisdiction; (iii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iv) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (v) impersonates another person; (vi) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vii) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, religiously, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent, including but not limited to fake news; (viii) involves theft or terrorism; (ix) constitutes an unauthorized commercial communication; (x) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (xi) breaches this Agreement.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. charactr, its subsidiaries, affiliates, and its 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; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Transfer of agreement

We may transfer our rights and obligations under the Terms to another organization, entity or person. We will let you know if this happens (if we have a way of contacting with you) and we will ensure that the transfer will not affect your rights under the Terms.

Contact Us:

If you want to learn more about the Platform or the Services, have any problems using them, or if you think the Platform or the Services are faulty or misdescribed or wish to contact us for any other reason, please email us at [MAIL]