Term Of Use

1. Introduction

Effective Date: March 25, 2025

Service Provider: Wave Color LLC, registered in Wyoming.

Scope: These Terms govern your access to and use of TruMate, an AI-powered chatbot service that generates text, images, or other content through machine learning models. By using the Service, you agree to these Terms and our Privacy Policy

2. Definitions

“User”: Any individual or entity accessing the Service.

“Content”: User-provided input and AI-generated output.

“Third-Party Models”: AI technology integrated into the Service

“Subscriptions”: Paid plans that provide enhanced functionality

3. Acceptance and Eligibility

Age Requirement: Users must be 13 years of age or older (16 in the EU). Parental consent is required for minors.

Geo Restrictions: Must comply with local laws (e.g., GDPR for EU users, COPPA in the US)

4. User Responsibilities Prohibited Content: Do not enter or generate content that:

Violates the law (e.g., hate speech, defamation, child exploitation).

Violates intellectual property rights.

Contains sensitive personal data without consent

5. Intellectual Property

User Ownership: You retain the rights to your input content.

AI Output: Unless otherwise stated, generated content is licensed for personal/non-commercial use. Commercial use may require additional agreements.

Third-Party Rights: Output derived from licensed models (e.g., Gpt-4o) is subject to their terms

6. Subscription and Payment

Billing: Subscriptions automatically renew unless canceled 24 hours before the end of the period. Fees are non-refundable.

You are responsible for paying all applicable taxes, and we will collect taxes when required. If you are unable to complete payment, we may downgrade your account level or suspend your access to our services until payment is received.

Free Add-on: Subscriptions will provide a free trial limit that matches the subscription level later, which will be cancelled if the subscription limit is exceeded or the subscription cap is exceeded.

Cancellation: You can cancel your paid subscription. Payments are non-refundable unless required by law. These Terms do not override any prior law regarding your right to cancel.

7. Disclaimer

Limitations of AI:

Outputs may contain inaccurate, biased or offensive material. Independent verification of key information.

Service availability depends on third-party infrastructure

You accept and agree that when using the output of our Services, you do so at your own risk and will not rely on the output as the sole source of facts or factual information, or as a substitute for professional advice.

8. Limitation of Liability

Exclusions: We are not liable for:

Damages caused by misuse of the Services or reliance on AI outputs. Third-party model errors or data breaches. Our total liability under these Terms will not exceed the amount you paid for the Services giving rise to the damages in the 12 months prior to the liability arising or one hundred dollars ($100), whichever is greater. The limitations in this section apply only to the maximum extent permitted by applicable law.

Some countries and states do not allow the disclaimer of certain limited warranties or certain damages, so some or all of the above terms may not apply to you, and you may have additional rights. In such cases, these Terms limit our liability only to the maximum extent permitted in the country where you live.

9. Termination

We: We may suspend/terminate offending accounts with prior notice.

You: Unsubscribe via the app settings or by contacting support.

We want to understand and try to resolve your issue before taking formal legal action. Before either of us files charges, we agree to try to resolve the dispute in a non-linear manner. You agree to send us a notice form in this manner.

To do this, we will send a notice to the email address of the person associated with your account. If we are unable to resolve the dispute within 60 days, either of us will have the right to initiate arbitration. Both parties agree that if either party requests a personal and resolution meeting during this period. During this period, any statute of limitations will be invalid.

If we are unable to resolve the dispute, either of us will proceed under our Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Collective Arbitration Applications of the National Arbitration and Arbitration Organization. Attorneys' fees and costs will not be sought in arbitration where the arbitrator determines that your allegations are frivolous. The activities described in these Terms involve any state international commerce, and the interpretation and enforcement of these Terms and arbitration shall be governed by the Federal Arbitration Act.

10. Governing Law and Disputes

Jurisdiction: Disputes shall be resolved in Wyoming and shall be governed by Wyoming law.

11.Terms

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and we will be solely responsible for any other claims, losses, liabilities, damages, costs or expenses arising from any failure to conform to any warranty.

You and we acknowledge that WAVE COLOR LLC, and not Apple, is responsible for addressing any third-party claims by you or relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

You and we acknowledge that in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, WAVE COLOR LLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You hereby represent and warrant that (i) you are not located in a country that is subject to the U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and you are not listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals list published by the U.S. Treasury Department's Office of Foreign Assets Control or the Denied Persons List published by the U.S. Department of Commerce.

You agree to comply with applicable third-party terms of agreement when using the Application.

You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

You acknowledge that you have reviewed the App Store Terms and Conditions (located online at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/)

These Terms of Use incorporate by reference the Licensed Application End User License Agreement (the 'LAEULA') published by Apple (located online at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). For purposes of these Terms of Use, the Services are considered the 'Licensed Application' as defined by the LAEULA and WAVE COLOR LLC is considered the 'Application Provider' as defined in the LAEULA. If any terms of these Terms of Use conflict with the terms of the LAEULA, the terms of these Terms of Use shall control.

Notification: Significant changes will be notified via email or in-app reminder 30 days prior to taking effect. Continued use constitutes acceptance.

12. Contact Information

If you have any questions, please contact aichat@wavecolor.net