Terms of Use

7. Termination

Chatoshi may terminate or suspend your access to the Service at any time for any breach of these Terms. Upon termination, your rights to use the Service and any related content will cease immediately. Termination does not waive any provisions of this Agreement that are intended to survive.

8. LIMITATION OF LIABILITY & IDEMNIFICATION

We (including our officers, directors, employees, contractors, agents, affiliates, or subsidiaries, etc.) are not liable to you for claims, costs, losses or damages caused by an event that is beyond our reasonable control (e. g. natural disasters, emergency conditions, government actions, third party actions etc.). Under no circumstances we or our officers, directors, employees, contractors, agents, affiliates, or subsidiaries are not liable for special, incidental, exemplary, punitive or consequential losses or damages of any kind.

We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access to or use of the Services; (c) unauthorized access to or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Services; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services; (f) errors or omissions in, or loss or damage incurred as a result of, the use of any content made available through the Services; and (g) the defamatory, offensive, or illegal conduct of any third party.

Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the greater of 100 USD.

This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in the Terms may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs and expenses arising from (a) your access to and use of the Services; (b) your violation of these Terms, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Services with your assistance or using any device or account that you own or control.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CHATOSHI DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We cannot and do not represent or guarantee that any of the information available through the Service is accurate, reliable, current, complete or appropriate for your needs. The information displayed through the Service is provided by third parties and / or calculated for informational purposes and we do not provide warranties for such information. Your use of any third-party scripts, indicators, ideas and other content is at your sole risk.

You expressly understand and agree that your use of Services is at your sole risk. We make and expressly disclaim all representations and warranties, express, implied or statutory, and with respect to the Services and the code proprietary or open-source, we specifically do not represent and warrant and expressly disclaim any representation or warranty, express, implied or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, security, suitability or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent. We do not represent or warrant that the Services, code and any related information are accurate, complete, reliable, current or error-free. You acknowledge that no advice, information, or statement that we make should be treated as creating any warranty concerning Services. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning Services.

10. Risk factors

You expressly agree that you assume all risks in connection with your access to and use of the Services. By using or accessing the Services, you represent and warrant that you understand that there are inherent risks associated with artificial intelligence (“AI”), virtual currency, and the underlying technologies including, without limitation, cryptography and blockchain, and you agree that we are not responsible for any losses or damages associated with these risks.

The AI functionalities integrated within the Chatoshi browser are intended to provide insights and recommendations. However, all decisions based on the outputs of these AI tools should be made only after consulting with qualified professionals. Chatoshi disclaims any liability for decisions made based on AI-generated content. Users are solely responsible for verifying the accuracy and applicability of AI outputs to their specific circumstances.

Additionally, you expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your access to and use of the Services. You acknowledge and agree that the Services access are currently in the initial development stages and there are a variety of unforeseeable risks with utilizing the Services, acquiring, holding or using the Virtual assets.

11. Dispute Resolution

A third party arbitrator will help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action litigation. Hopefully, disputes will never be an issue, as we aim to resolve any disputes between you and us amicably prior to commencing any judicial proceedings.

Binding Arbitration. By accepting these Terms, you acknowledge that you and us: (a) waive the right to have any and all disputes or claims arising from these Terms, your use or access to the Services or any other disputes with us (“Disputes”) resolved in a court; and (b) waive any right to a jury trial. Instead, you and us agree to arbitrate the Disputes that are not resolved informally (as described below in point 9.4) through binding arbitration (i.e. the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it) instead of having the Dispute decided by a judge or jury in court).

No Class Arbitrations, Class Actions or Representative Actions. You and us agree that any dispute is personal to you and us and that any such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual attempt to resolve a dispute as a representative of another individual or group of individuals. Further, you and us agree that a dispute cannot be brought as a class, or other types of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

You and us agree that each will notify the other, in writing, of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to us shall be provided by sending an email to [email protected] Your notice must include (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific action that you are seeking. If you and us cannot resolve the Dispute within thirty (30) days of us receiving the notice, either you or us may, as appropriate pursuant to this Section 8, commence an arbitration proceeding. You and us agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and us agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute).

These Terms are governed by and will be construed under the laws of the Republic of Lithuania without regard to principles of conflict of laws, govern the Terms and any Dispute between you and us. Any Dispute under these Terms shall be finally settled by binding arbitration (as defined below). Any unresolved Dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration under the rules of the Vilnius Court of Commercial Arbitration, which rules are deemed to be incorporated by reference into this Section 8 to the extent they are consistent with it. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Vilnius, Republic of Lithuania, in English, in accordance with the Vilnius Court of Commercial Arbitration Rules. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction, to the extent a court therein would be deemed to be a court of competent jurisdiction other than any court located in the United States of America.

As limited by these Terms and applicable arbitration rules, the arbitrator will have: (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding the Dispute; and (b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to the agreement.

12. Miscellaneous

This Agreement constitutes the entire agreement between you and Chatoshi regarding the Service and supersedes any prior agreements.

If any provision is deemed unenforceable, it will be modified to the extent necessary to make it enforceable, without affecting the remainder of the Agreement.

Notwithstanding any other provision of these Terms, any translation of these Terms is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to their definitions and interpretations in the English language. In the event of conflict or ambiguity between the English language version and translated versions of these terms, the English language version shall prevail. You acknowledge that you have read and understood the English language version of these Terms.