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QYBALA & AMULET AI TERMS OF SERVICE

LAST UPDATED: 9 DECEMBER 2024

  1. OVERVIEW AND ACCEPTANCE OF TERMS
    1. Definitions
    2. Service Terms
    3. User Terms
    4. User Data
    5. Privacy Policies
  2. ELECTRONIC CONSENT AND USER PERMISSIONS
    1. Consent and Licensing
    2. Electronic Communications
    3. User Obligations
    4. Content, Data, and Proprietary Rights
    5. Ethics Clause
    6. Use of Artificial Intelligence (ai) and Third Parties
  3. INTELLECTUAL PROPERTY AND USE
    1. Content, Trademarks and Copyrights
    2. Support of Adaptation
  4. DISPUTES, ACCOUNT TERMINATION, REFUNDS
    1. Termination and Refunds
    2. Class Action Waiver
    3. Jurisdiction and Arbitration
  5. TERM UPDATES AND CONTACT
    1. Updates
    2. Security and Compliance
    3. Independent Relationship

QYBALA & AMULET TERMS OF SERVICE

EFFECTIVE DATE: 9 DECEMBER 2024

  1. OVERVIEW AND ACCEPTANCE OF TERMS

    1. Definitions. Welcome to QYBALA (the Qybala app, qybala.ai) owned and operated by Amulet AI AG. These General Terms of Service (the “General Terms”) are a legally binding agreement between you (“User” or “you”) and us, (“Amulet AI AG” or “Amulet AI” the “Company”, “us”, “we” or “our”), that governs your access and use of the products and services on app stores (such as the Apple App Store) distributing the Qybala app (the “App”), our website qybala.ai (the “Site”), together “Content/Services” or any successor thereto.

    2. Service Terms. We offer software tools and resources such as QYBALA (a mobile app), Qyb (an AI system built into the Qybala app), metaphysical information and physical products (such as tarot cards) for those interested in self-exploration and personal reflection as a lifestyle. AMULET AI is NOT A MENTAL HEALTH SERVICES PROVIDER. AMULET AI is a technology group focused on assisting users to lead more meaningful lives through storytelling software. QYBALA by AMULET AI requires a monthly paid subscription for its AI tarot interpretations. You also hereby recognize the relationship between user and AMULET AI is at-will, and independent. Neither party is considered to be an employer, joint venture or collaboration, see 5*.3 Independent Relationship.*

    3. User Terms. In order for QYBALA to offer insights you are required to enter personal questions (USER QUESTIONS) in a truthful and accurate way in the app. While we endeavor to answer as many questions as possible, USER QUESTIONS CLASSIFIED AS [MEDICAL, SELF-HARM, ILLEGAL, HATE, TROLLING] WILL NOT BE ANSWERED. If a user is found to try and use the App in ways it was not intended, or if a user violates any of the general terms, their account may be suspended without notice. User also agrees to adhere to additional duties listed under 2.3 User Obligations.

    4. User Data. QYBALA USER DATA includes USER QUESTIONS and READINGS. ALL USER DATA IS PROCESSED AND STORED ON-DEVICE under applicable laws. Monitoring Data (non-identifiable information, such as hardware, software versions, crash info, usage statistics etc.) is collected to enhance and maintain AMULET AI’s products. All data is stored without direct identification of users.

      AMULET AI DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AMULET AI HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AMULET AI DOES NOT WARRANT THAT THE CONTENT WILL MEET YOUR EXPECTATIONS, SPECIFICATIONS, OR REQUIREMENTS, OR THAT THE CONTENT WILL BE FREE OF VIRUSES, MALWARE, OR ERRORS. AMULET AI FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING THE LOSS OR CORRUPTION OF DATA OR CONTENT UPLOADED TO, STORED BY, OR TRANSMITTED BY THE CONTENT OR SERVICES, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS.

      CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THIS TOS, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

    5. Privacy Policies. You understand, acknowledge, and agree that the operation of certain features of the Site (such as marketing communications) may require or involve the provision, use, and dissemination of various items of personally identifiable information, including without limitation personal contact information. Please refer to the QYBALA & AMULET AI Privacy Policy, available at https://www.qybala.ai/legal/privacy-policy (as updated from time to time), for a summary of QYBALA & AMULET AI’s policies and use practices regarding personally identifiable information.

  2. ELECTRONIC CONSENT AND USER PERMISSIONS

    1. Consent and Licensing. This TOS provides to You a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Content during the Term specified herein solely for Your personal, internal business use, and is conditioned on Your continued compliance with all provisions of this TOS (including without limitation any external terms and documentation linked or referenced herein).

      When using the Content in accordance with the foregoing license, You shall not directly or indirectly:

      1. use the Content to create any service, software or documentation that performs substantially the same functionality as the Content or otherwise competes with or causes harm to AMULET AI ’s products, services, or other business operations;
      2. disassemble, decompile, reverse-engineer, or use any other means to attempt to discover any source code, algorithms, trade secrets, or applications underlying the Content or any of its webpages, content, or features;
      3. encumber, sublicense, transfer, distribute, rent, lease, time-share, or use the Content in any service bureau arrangement or otherwise for the benefit of any third party;
      4. adapt, combine, create derivative works of, or otherwise modify the Content;
      5. disable, circumvent, or otherwise avoid or undermine any security or authentication device, mechanism, protocol, or procedure implemented in the Content;
      6. misrepresent Your affiliation with or impersonate any person or entity;
      7. harass or abuse AMULET AI personnel or representatives or agents providing services on behalf of AMULET AI;
      8. use or access the Content for any unlawful, fraudulent, deceptive, tortious, malicious, or otherwise harmful or injurious purpose;
      9. remove, obscure, deface, or alter any proprietary rights notices on any element of the Content or accompanying documentation;
      10. use the Content in any manner which could damage, disable, overburden, or impair the Content or interfere with any third party’s authorized use of the Content;
      11. engage in any “data mining,” “deep-link,” “page-scrape,” or use “bots,” “spiders,” or similar data gathering and extraction tools or methods in connection with the Content; or
      12. probe, scan, or test the vulnerability of the Content or any systems or network infrastructure connected with the Content, including without limitation by stress testing or penetration testing.

    2. Electronic Communications. You agree your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide AMULET AI, or in accessing or making any transaction regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and AMULET AI. You further agree that each use of your E-Signature in obtaining an account with AMULET AI constitutes your agreement to be bound by the terms and conditions of AMULET AI ’s Terms of Service and Privacy Policy as they exist on the date of your E-Signature. AMULET AI may send emails or other electronic messages to You concerning Your use of the Content, including without limitation by providing alerts or notifications within the Content. You consent to receive such electronic communications and You agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.

      Users also acknowledge that AMULET AI may or may not be able to control when various emails or electronic alerts are sent, and therefore its possible emails may be generated at any time and not bound by any particular timezone or business-hours.

    3. User Obligations. You represent that You are at least eighteen (18) years of age or the legal age of majority in Your jurisdiction (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (which You have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information through the Content. In addition, You are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and information security with respect to Your use of the Content. If You access the Content on behalf of any organization, Your organization shall be bound to this TOS and be liable for any breach by You, and You represent that You have all rights, power, and authority to agree to this TOS on behalf of Your organization.

      The Content is not intended for use or access by any individual under the age of eighteen (18) years, and AMULET AI does not knowingly, willingly, or intentionally collect personal information from such individuals in any medium for any purpose.

      Your Account. You may be required to register an account to use the Content or certain features of the Content. Each registration is for a single natural person user only, unless otherwise expressly agreed by AMULET AI. Registration for access to and use of the Content may also require access credentials, such as a username and a password, or adherence to other access requirements as designated by AMULET AI in its sole discretion from time to time. You hereby agree to treat Your access credentials as confidential and not to disclose such information to any third party without the prior express written consent of AMULET AI, which may be granted or withheld in its sole discretion. You shall immediately notify AMULET AI if You suspect or become aware of any loss, theft, or unauthorized use of Your login credentials. AMULET AI will not be liable for any loss or damage arising from Your failure (whether intentional or unintentional) to comply with these obligations. By submitting the requested information to the registration form or similar process on the Content, You represent and warrant that the information You submit for registration is complete, true, accurate, and current in all respects. Because of the use of technology and artificial intelligence, You must maintain and promptly update Your submitted account information to ensure that such information is complete, true, accurate, and current. AMULET AI reserves the right to suspend, terminate, or otherwise discontinue Your account. If AMULET AI has reasonable grounds to suspect that any information You have submitted is untrue, inaccurate, not current, or incomplete, or that Your registration, account, or use of the Content is in violation of applicable law or this TOS.

    4. Content, Data, and Proprietary Rights. All content included as part of the Content, such as text, graphics, logos, and images, as well as the compilation thereof, and any software or other proprietary materials used on or integrated with the Content, are the property of AMULET AI or its applicable third-party licensors, and are protected by copyright and other domestic and international laws governing intellectual property and proprietary rights. AMULET AI reserves all rights in the Content not expressly granted herein. AMULET AI owns any and all unique and propriety information learned from its users and platforms and owes zero compensation or obligation to users for enhancements made over time.

      You agree that You do not acquire any ownership rights in any part of the Content under this TOS or through Your use of the Content. AMULET AI does not grant You any rights or licenses, express or implied, to any intellectual property hereunder except as specifically authorized by this TOS.

    5. Ethics Clause. Amulet AI and its associates believe in the betterment of society, transparency and improvement of technologies. If at any reason a user is seen as using any part of AMULET AI ’s tools or products for the opposite of these purposes the user may be suspended immediately, and legal action could be possibly taken for damages.

    6. Use of Artificial Intelligence (AI) and Third Parties. AMULET AI is a tech company developing in-house AI technologies. At times the Site may leverage Third Parties.

      Links to Third-Party Services. Certain services, features, or components made available via the Content are delivered by third-party providers. By using any feature, service, or functionality originating from the Content, You hereby acknowledge and consent that AMULET AI may share information and data that You submit or upload to the Content with the applicable third-party provider as may be required to enable and facilitate the requested third-party product, service, or functionality, subject to AMULET AI ’s Privacy Policy.

      AMULET AI EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE CONTENT, AND YOU AGREE THAT AMULET AI SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY, REGARDLESS OF WHETHER SUCH DEALINGS WERE FACILITATED OR PERFORMED IN CONNECTION WITH THE CONTENT.

      Third-Party Terms and Conditions. Additional notices, terms, and conditions may apply to services, receipt of or access to certain materials, participation in a particular program, and/or to specific portions or features of the Content, including without limitation the terms of third-party tools, applications, and APIs utilized by or incorporated in the Content, and the terms of app stores, digital distribution services, or third-party payment processors. Your use of any such third-party feature, tool, application, or API is conditioned on Your acceptance of all third-party terms applicable thereto, and You agree to abide by all such terms in connection with Your use of the Content. You hereby agree that:

      1. this TOS operates in addition to any terms of service imposed or required by any such third-party provider; and
      2. the terms of this TOS supplement and do not alter or amend any such third-party terms of service.

      QYBALA uses:

      1. RevenueCat for in-app subscriptions: https://www.revenuecat.com/terms
      2. NewRelic for monitoring: https://newrelic.com/termsandconditions/terms
      3. Microsoft Azure for NewRelic and website hosting: https://azure.microsoft.com/en-us/support/legal/

  3. INTELLECTUAL PROPERTY AND USE

    1. Content, Trademarks and Copyrights. References or links in the Content to any commercial products or services, or AMULET AI ’s use or display of any business, firm, corporation, or trade name on the Content, do not constitute endorsement by AMULET AI of any such product, service, or entity. AMULET AI makes no representation or guarantee whatsoever with respect to any third-party products or services.

      Research Usage and Submission. Certain features of the Content EXCLUDING REGULAR QYBALA USAGE may permit You to upload, post, display, transmit, or otherwise provide certain requested information, content, links, files, or other materials to the Content as part of AMULET AI Research programs, including messaging, review, comment, or similar functionality on the Content, and/or as part of a survey, questionnaire, or request for feedback or input regarding the Content (each a “Submission” and collectively “Submissions”). You hereby grant to AMULET AI a royalty-free, fully transferable, fully sublicensable license to use, display, copy, perform, reproduce, modify, record, distribute, and create derivative works from any content or data submitted. User also acknowledges AMULET AI owns the rights to any proprietary information learned from any content or data Submission. You agree that You will not upload, post, display, or transmit any Submission(s) that:

      1. is illegal, defamatory, deceptive, fraudulent, discriminatory, tortious, obscene, pornographic, or otherwise objectionable;
      2. infringes, misappropriates, or otherwise violates the personal or proprietary rights of others;
      3. contains any virus, malware, worm, Trojan horse, disabling device, or any other harmful or malicious script, code, or tool;
      4. impersonates any person or entity or falsely states or otherwise misrepresents Your affiliation with a person or entity;
      5. contains unsolicited communications, promotions, or advertisements, or spam;
      6. harms, harasses, threatens, or violates the rights of any third party, or promotes, provokes, or incites violence;
      7. constitutes false advertising, false endorsement, or is otherwise false, misleading, or likely to cause consumer confusion; or
      8. manipulates data or identifiers in order to misrepresent or disguise the origin of the Submission.

      By uploading, posting, displaying, transmitting, or otherwise providing a Submission to the Content, You represent and warrant that:

      1. You possess all legal rights required to upload, post, display, and/or transmit each Submission and permit AMULET AI to use such Submission as set forth herein (including without limitation any necessary third-party license rights or required consents under applicable law);
      2. each Submission is in full compliance with all applicable laws and regulations; and
      3. Your Submissions do not infringe, misappropriate, or otherwise violate the personal or proprietary rights of any third party. Users are not permitted to submit information on behalf of another company, any submissions for companies not which the user is part of the organization is explicit unauthorized use.

      AMULET AI may screen, review, edit, moderate, or monitor Your Submissions from time to time at its discretion, but has no obligation to do so. In any event, AMULET AI is not responsible to You under this TOS for Your or any other user’s Submissions and shall have no liability or responsibility for the quality, content, accuracy, legality, or effectiveness of any Submissions. You acknowledge and agree that AMULET AI shall have no obligation of confidentiality whatsoever with respect to Your Submissions.

    2. Support of Adaptation. By using AMULET AI and any of its services the user agrees AMULET AI products might and will adapt and change frequently. At no time is AMULET AI bound to keep any technologies or products, or certain features indefinitely. User understands that by signing up for any subscription or service the tools and offerings will change and be under no obligation to remain the same.

    3. Indemnification. You agree to indemnify, defend, and hold harmless AMULET AI and its officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) Your violation of this TOS, (ii) Your infringement, misappropriation, or violation of any personal or proprietary rights of a third party, (iii) Your violation of applicable laws, rules, or regulations, and/or (iv) Your Submissions, including without limitation the quality, content, accuracy, legality, or effectiveness thereof, or any communications, transactions, or results arising therefrom. AMULET AI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with AMULET AI in asserting any available defenses.

      Not Mental Health Advice. AMULET AI is not a mental health provider and AMULET AI AND QYBALA DO NOT PROVIDE YOU WITH MENTAL HEALTH ADVICE. The advice is provided for general informational and entertainment purposes only. Our Services are not substitutes for consulting a qualified mental health professional and if you need psychological counselling for your specific matter, or if your matter is too complex to be addressed by the Services, you should consult a licensed professional.

      At no time is an attorney-client relationship or any other special relationship created between you and AMULET AI or any person associated with AMULET AI, and any information you provide us is not protected by attorney-client privilege or as attorney work product. You are and will be representing yourself in any matter you undertake using the Services, unless you retain your own attorney who agrees to a representation arrangement that includes matters you undertake using the Services. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

    4. Additional Open-Source Licenses. QYBALA and AMULET AI use Open-Source artifacts for the Services, including:

      1. The Qwen2.5 base model, Copyright 2024 Alibaba Cloud, licensed under the Apache License, Version 2.0: https://www.apache.org/licenses/LICENSE-2.0
      2. MLC LLM, Copyright (c) 2023-2024 by MLC LLM Contributors, licensed under the Apache License, Version 2.0: https://www.apache.org/licenses/LICENSE-2.0
      3. The League Spartan font, Copyright 2020 The League Spartan Project Authors (https://github.com/theleagueof/league-spartan). This Font Software is licensed under the SIL Open Font License, Version 1.1: https://openfontlicense.org/open-font-license-official-text/

  4. DISPUTES, ACCOUNT TERMINATION, REFUNDS

    1. Termination and Refunds. You acknowledge that any breach, threatened or actual, of this TOS would cause irreparable injury to AMULET AI not readily quantifiable as money damages, such that AMULET AI would not have an adequate remedy at law. You therefore agree that AMULET AI shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of Your obligations, without the necessity of posting bond or other security.

      QYBALA subscriptions are handled through the Apple App Store, so for refunds, please review https://support.apple.com/en-us/118223

      This TOS terminates automatically if You fail to comply with any provision hereof, subject to the survival rights of certain provisions identified below. You may also terminate this TOS at any time by ceasing to use the Content, but each re-access or renewed use of the Content will reapply the TOS to You. Upon termination or expiration of the TOS for any reason, all licenses granted by AMULET AI hereunder shall immediately terminate, and You must immediately cease all use of the Content. The provisions of this TOS concerning AMULET AI ’s proprietary rights, licenses to Submissions, disclaimers of warranty and liability, limitations of liability, waiver and severability, entire agreement, indemnification rights, injunctive relief, and governing law will survive the termination of this TOS for any reason.

    2. Class Action Waiver. BY USING THIS SITE AND AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS TOS OR YOUR USE OF THE CONTENT. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THIS TOS AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.

    3. Jurisdiction. This TOS is governed by the laws of Switzerland, without reference to its principles of conflict of laws. The Content may not be used or accessed from or in any jurisdiction that does not give effect to all provisions of this TOS, including without limitation this paragraph. Any claim, suit, or other proceeding arising under or in connection with this TOS shall be brought exclusively before the ordinary courts at the place of the registered seat of AMULET AI in Zürich, Switzerland. You consent to the exclusive jurisdiction of such courts for the final resolution thereof.

  5. TERM UPDATES AND CONTACT

    1. Updates. AMULET AI reserves the right to change the terms and conditions of this TOS by posting a revised set of terms, or mailing and/or emailing notice thereof to You (or such other method as may be required by applicable law). In addition, AMULET AI may add, modify, or delete any aspect, component, or feature of the Content, but AMULET AI is not under any obligation to provide any upgrade, enhancement, or modification. Your continued use of the Content following any announced change will be deemed as conclusive acceptance of any change to the TOS. Accordingly, please review the TOS on a periodic basis.

    2. Security and Compliance. AMULET AI reserves the right to view, monitor, and record Your activity on the Content without notice or permission from You. AMULET AI ’s provision of the Content is subject to existing laws and legal process, and nothing contained herein shall restrict or reduce AMULET AI ’s ability to comply with governmental, court, and law enforcement requests or requirements involving Your use of the Content or information provided to or gathered by AMULET AI with respect to such use.

    3. Independent Relationship. Usage of AMULET AI Services is At-will, the relationship between You and AMULET AI under this TOS is that of independent contractors, and nothing herein or in Your use of the Content shall be construed as creating any joint venture, partnership, employment, or agency relationship. These Terms and Conditions as well as services may be updated at any time by AMULET AI with or without notice.

    4. Severability and Waiver. If any part of this TOS is determined to be invalid or unenforceable pursuant to court order or other operation of applicable law, such provision shall be deemed severed from this TOS, and the remainder of this TOS shall continue in full force and effect to the maximum extent permitted under applicable law.

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