Terms of Use and End User License Agreement

Last updated: March 2025

I. INTRODUCTION

These Terms of Use and End User License Agreement (collectively, the "Agreement") together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person ("you", "your" or "user") and Penguin Labs ("we," "us" or "our") concerning your access to and use of the Chat with AI website (the "Website").

All the documents that relate to the Website are hereby expressly incorporated herein by reference.

Please read this Agreement carefully before you start using the Website. It is important that you read and understand this Agreement. By using the Website you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date you start using the Website.

If you do not accept this Agreement, or if you do not agree with at least one of its provisions, you may not access or use the Website.

II. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be deemed to have accepted the changes in any revised Agreement by your continued use of the Website after the date such revised Agreement is posted.

III. RESTRICTIONS ON WHO CAN USE THE WEBSITE

In order to access and/or use the Website, you must reach the age of majority or legal age in your applicable jurisdiction (i.e., in most jurisdictions you must be at least eighteen (18) years of age or older).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian in order for them to use the Website. Therefore, if you are between the ages of thirteen (13) and seventeen (17) and you wish to access and/or use the Website, before doing anything of the above you must: (a) ensure that your parent or guardian have read and agree (get your parent or guardian's consent) to this Agreement prior to you using the Website; (b) have the power to enter into a binding agreement with us under the applicable law.

Any person under the age of thirteen (13) is not permitted to access and/or use the Website.

IV. GENERAL TERMS

The Website is developed for general information and promotional purposes. The Website provides information about our AI-powered chat tools (description of functionalities, subscription plans, etc.) and gives you an opportunity to use our AI-powered chat features, which offer tools based on Artificial Intelligence models and technologies that allow you to chat with Artificial Intelligence and get answers to your questions.

You agree not to use the Website for any illegal, inappropriate or unauthorized purpose or activity.

V. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to and use of the Website are subject to the Privacy Policy. By accessing and/or using the Website, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the Website.

VI. END USER LICENSE AGREEMENT. RULES AND REGULATIONS APPLICABLE TO USER CONTENT

INTELLECTUAL PROPERTY RIGHTS RELATED TO THE WEBSITE

By using the Website, you undertake to respect our intellectual rights (intellectual rights related to the Website's source code, graphic design, user interface, look and feel of the Website, content material, copyright and trademarks, hereinafter referred to as the "Intellectual Property Rights") as well as those owned by third parties.

As long as you keep using the Website, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the Website pursuant to this Agreement (the "License").

You may use our Website solely for your own non-commercial purposes. You are bound to respect the copyrighted and trademarked material within the Website.

All right, title and interest in and to the Website and its content are the exclusive property of Penguin Labs and/or our partners and/or contractors and are protected by applicable international and national legal provisions.

USER CONTENT

The Website allows you to submit text (the "Input Content") and generate new original content based on it using AI (the "Output Content"). For the purposes of this Agreement, the term "User Content" explicitly includes both Input and Output Content. WE DO NOT CLAIM ANY OWNERSHIP RIGHTS OVER YOUR USER CONTENT. YOU RETAIN ALL RIGHTS TO YOUR USER CONTENT AND MAY USE IT COMMERCIALLY.

Please note that the data displayed in Output Content should not be relied upon without independently checking their accuracy, as they may be false, incomplete, misleading or can not reflect recent events or information.

You acknowledge that Output Content may not be unique and other users may receive similar content from the Website. Responses that are requested by and generated for other users are not considered your Output Content.

You assume and bear all the risks related to your use of User Content. It is your sole responsibility to ensure compliance with the applicable laws while using User Content.

VII. PROHIBITED BEHAVIOR

You agree not to use the Website in any way that:

is unlawful, illegal or unauthorized;
is defamatory of any other person;
is obscene or offensive;
infringes any copyright, database right or trademark of any other person;
advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

In addition, you are not allowed to upload, enter, create, generate via the Website the following types of User Content:

content that expresses, incites, or promotes hate based on identity;
content that intends to harass, threaten, or bully an individual;
content that promotes or glorifies violence or celebrates the suffering or humiliation of others;
content that promotes, encourages, or depicts acts of self-harm;
content meant to arouse sexual excitement;
content attempting to influence the political process or to be used for campaigning purposes;
unsolicited bulk contents;
content that is false or misleading;
content that attempts to generate malicious software;
content that may reasonably be considered to be illegal, defamatory, libelous, immoral, harmful, misleading, or offensive.

VIII. AVAILABILITY OF THE WEBSITE, SECURITY AND ACCURACY

In order to use the Website, you are required to have a compatible electronic device (computer, mobile phone or tablet) and Internet access.

We do not warrant that the Website will be compatible with all hardware and software which you may use.

We make no warranty that your access to the Website will be uninterrupted, timely or error-free.

You acknowledge that the Website is provided via the Internet, therefore the quality and availability of the Website may be affected by factors beyond our reasonable control.

XII. LIMITATION OF LIABILITY. INDEMNIFICATION

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE AND SERVICES PROVIDED BY THE WEBSITE. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You also acknowledge and agree that any use of the Website and/or any User Content is at your sole risk. You assume full responsibility arising out of your use of the Website and/or further sharing and distribution of any User Content.

XVII. CONTACT INFORMATION

If you want to submit a support request or have any questions about this Agreement or the Website, please contact us via email: support@chatwith.ai or our "Contact Us" form available on the Website.