SOMA
AI
These Terms of Use dictate the terms under which you may utilize the applications, games, websites, and additional services (collectively referred to as the "Service") provided by Soma AI, LLC ("Soma AI," "our," or "we") via somalabs.ai, associated websites, mobile apps, social media platforms, or any other channels developed by Soma AI. The Terms of Use are applicable to all individuals who use the Service, including those who contribute content, data, and other resources to the Service. By accessing, navigating, or utilizing the Service, you are signifying your acceptance to adhere to these Terms of Use in their entirety, as well as any other operational guidelines, policies, and procedures that Soma AI may establish from time to time. Should you disagree with these Terms of Use, you are prohibited from accessing, navigating, or making use of the Service. The Terms of Use are specific to you as an individual and may not be assigned, transferred, or sublicensed by you.
Soma AI retains the authority, at its sole discretion, to modify or amend these Terms of Use at any given time. Any such alterations to these Terms of Use will be published, and the updated or amended terms will be integrated into the agreement. We encourage you to periodically review this Terms of Use document to stay informed of any changes. By continuing to use the Service, you are expressing your unequivocal agreement to adhere to these Terms of Use, inclusive of any revisions or alterations introduced by Soma AI as mentioned herein.
Proactive measures are necessary for utilizing or accessing the Service. Nevertheless, your use or access of the Service does not obligate Soma AI to furnish you with any specific service or grant you access to any aspect of the Service.
You affirm that you (a) have submitted information that is truthful, precise, up-to-date, and comprehensive to the websites, applications, and games developed by Soma AI in association with your utilization or access of the Service; and (b) will take steps to ensure that this information remains truthful, precise, up-to-date, and comprehensive by updating it as needed. Soma AI retains the authority to revoke your access to the Service if we discover or have reason to suspect that any information you have provided is incorrect, imprecise, outdated, or incomplete.
In the event that an unauthorized individual gains entry to the Service due to any action or inaction on your part, it is your responsibility to diligently determine the origin and method of such access and to provide us with a thorough and timely report. Additionally, you are expected to collaborate and offer assistance in any investigation associated with such unauthorized access.
Access to the Service is restricted to individuals who are at least thirteen (13) years old, in accordance with these Terms of Use.
Soma AI will utilize the information furnished in association with the Service exclusively for the purpose of operating the Service and in compliance with the Privacy Policy outlined below.
Although the Service has been compiled in good faith, no representation is made as to the completeness or accuracy of the information it contains. The information contained on the Service may be incomplete, may contain errors, or become out-of-date. Soma AI makes no commitment and expressly disclaims any duty to update any of the content on the Service. Soma AI reserves the right to add, modify, or delete any information on the Service at any time.
You agree to abide by all applicable local, state, national, and international laws and regulations in using the Service, and not to use the Service for any purpose that is prohibited by the Terms of Use. You agree not: to (a) use Service for illegal purposes; (b) use Service in any manner which violates the rights of a third party, including without limitation intellectual property rights; (c) use the Service to post or otherwise communicate material which is unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, pornographic, obscene, indecent, confidential, proprietary or otherwise objectionable, (d) use the Service for any commercial purpose; (e) post any links to any external Internet website that are obscene or pornographic or to post or otherwise communicate commercial advertisements, chain letters, pyramid schemes, encoded binary files, job offers or listings or personal ads; (f) use Service to provide materials which contain viruses or other contaminating or destructive features; (g) impersonate any person or entity, including any employee or representative of a third party; (h) cheat or copy in any form with respect to any Services offered; or (h) create an account or provide any other information under false pretenses, with false or incomplete information, or to mislead others.
Additionally, you shall not: (a) take any action that imposes or may impose (as determined by Soma AI in its sole discretion) an unreasonable or disproportionately large load on Soma AI's (or its third party providers) infrastructure; (b) interfere or attempt to interfere with the proper working of the Service or any activities conducted in connection with the Service; (c) bypass any measures Soma AI may use to prevent or restrict access to the Service; or (d) provide any information, including but not limited to email addresses or telephone numbers of friends, if you do not own or have permission to use.
The Service is provided only for your own personal use.
Soma AI is not responsible for reviewing or authorizing content and materials freely posted in publicly accessible, interactive areas of the Service, such as Chat, Message Boards, and Profiles. Acceptance of Soma AI's Terms of Use constitutes your agreement to abide by any Conduct Rules or Regulations posted, as well as the restrictions and responsibilities outlined in these terms of use. You agree to take full responsibility and liability for the accuracy and appropriateness of any of your posted content, and any consequences that may arise from posting in public areas of the Service.
You may create, submit, post, display, transmit content or other material using the Service ("User Content"). Soma AI reserves the right in its sole discretion to delete, move, or edit any User Content that it may determine, in its sole discretion, violates these Terms of Use or is otherwise unacceptable. Soma AI may delete, edit, or reject User Content at any time for any reason without notice to you. In particular, Soma AI reserves the right to remove content at the request of a third party copyright or other intellectual property owner. Any User Content you transmit or post using the Service will be treated as non-confidential and non-proprietary.
You agree and warrant that your User Content is wholly original to you and you exclusively own all the rights to or have all rights to use your User Content. You further agree that by using the Service, you grant Soma AI the right to convert, copy, display, edit, make derivative works, disclose, sell, sublicense, store, distribute, or otherwise use your User Content in any manner and in all forms or formats available now or in the future without any compensation to you or any other agreement. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentences.
Soma AI will not be held liable for any damages of any kind, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages (a) related to its use or rejection of any User Content; (b) arising from the use of the public posting areas of this Service or using the Service; and (c) related to your viewing of any content using the Service that you may find offensive.
Your use of the Service constitutes your agreement to defend, indemnify, and hold harmless Soma AI and its affiliated entities, and their employees, contractors, officers, directors, agents and representatives, from any claim or demand, including reasonable attorneys' fees, arising out of your use or misuse of the Service or the use or misuse of contents of the Service by a third party even if using your password. This Indemnification section of the Terms of Service survives termination of your account with the Service or your use of the Service.
These Terms of Use are effective until terminated. You agree that Soma AI may terminate your access to the Service at any time for any reason without prior notice or liability. Soma AI may change, suspend, modify or discontinue all or any aspect of the Service at any time, including the availability of any feature or game, without prior notice or liability. If you wish to terminate your access to the Service, you may simply discontinue using the Service.
Use of the Service on mobile devices may prompt you to use services such as sending an SMS invite or message to a friend that will incur charges from your mobile carrier that will cost you additional money, since standard carrier rates may apply for your use of such features like SMS. In such cases, the Service will attempt to remind you prior to any messages being sent out of the possibility of additional charges. Your decision to use such services like SMS or email are not the responsibility of the Service and any such charges you may incur are not the responsibility of, and not reimbursable by, the Service.
In addition, any purchases made via in-app purchases on mobile devices are final and non-refundable.
The Service may contain links to other World Wide Web Internet sites. The Service also may utilize third party services, advertisements, offers and payment systems. Soma AI is not responsible for these third party products, services or their contents. The inclusion of such a link does not imply endorsement of the Service or its contents or any association with its operators. Soma AI is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Soma AI be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available from third parties. Any concerns regarding any third-party website should be directed to its respective site administrator or webmaster.
Soma AI PROVIDES THE SERVICE "AS IS" AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, GAMES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICE OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. Soma AI AND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (a) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (b) ANY DEFECTS OR ERRORS WILL BE CORRECTED: (c) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICE, INCLUDING ALL SMS MESSAGES AND EMAILS SENT AND ANY CHARGES INCURRED. Soma AI SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR THE GAMES ON THE SERVICE, OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL Soma AI, ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT THE MAXIMUM LIABILITY OF Soma AI IN CONNECTION WITH OR ARISING FROM ANY USE OF THE SERVICE, INCLUDING ANY APPLICATIONS OR GAMES, SHALL BE LIMITED TO $200 IN THE AGGREGATE PER USER.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Soma AI SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You acknowledge and agree that all content, design elements, and materials available on this Service are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. Furthermore, you agree to not sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Service to create or compile, directly or indirectly, a collection , compilation, database, or directory without written permission from us is strictly prohibited.
All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Service may violate copyright, trademark and other applicable laws.
Except as provided below, Soma AI and its affiliates and licensors retain all right, title and interest in and to the Service, excluding your User Content ("Soma AI Intellectual Property"). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Soma AI Intellectual Property, in whole or in part, except as expressly permitted in these Terms of Use or with the prior written consent of Soma AI. You agree to use the Service only in accordance with these Terms of Use. You agree not to disassemble, decompile or reverse-engineer any software or other component of the Soma AI website.
Please be advised that any information related to the Service including but not limited to, game scores and player rankings, are the property of Soma AI by operation of these Terms of Use. Soma AI reserves the right to display, modify, distribute, reproduce, use for promotional purposes, or delete any of this information at any time and for any reason without notice. Further, as the sole owner of all such content, feedback, opinions, and strategies, Soma AI may elect to utilize such information and to make changes or improvements based on that information without any payment or consideration of any kind to any party who provides information.
As part of your engagement in games, applications, or other programs within the Service, you may be granted or have the option to purchase points, scores, virtual currencies, virtual items, or other similar elements ("Game Values"). These Game Values are non-transferable and ineligible for any form of compensation, whether tangible or monetary. They hold no tangible or monetary worth and are exclusively intended for use within the Service, including any games therein. In the event that your account with the Service is terminated for any reason, including a scenario in which Soma AI discontinues a game or application, your Game Values or any other attributes of the Service will cease to exist and be rendered invalid. Soma AI retains the right, at its own discretion, to facilitate the transfer of Game Values or other features of the Service to a different game or application under the purview of Soma AI.
You have no right to transfer any Game Values except as specifically authorized within the Service under rules established by Soma AI for the Service. You agree not to buy, sell or otherwise exchange compensation for Game Values except during your active use of the Service in authorized game or program transactions in accordance with specific game or applications rules.
Soma AI in its sole discretion and authority may modify, eliminate, change or otherwise use your Game Values or other features of the Service for any purpose without notice to you. If we exercise this right, Soma AI is not obligated to compensate you in any manner and will not be liable for any form of damages for such actions.
Any acquisition of Game Values or other aspects of the Service for utilization within the Service is non-refundable and non-exchangeable under any circumstances. All such transactions are considered conclusive upon the original purchase.
Soma AI has no duty to inquire into, oversee, mediate, or settle any disagreement that may arise between you and another user of the Service, though we reserve the right to take such measures at our own discretion. Should a conflict with another user of the Service occur, you agree to (a) hold us harmless from any legal responsibility and (b) acknowledge that we shall not be held accountable for any form of damages, claims, or demands resulting from or associated with any disagreement you may have with another user of the Service.
Soma AI makes no representation that the Service is appropriate or available for use in locations outside the United States, and accessing the Service from jurisdictions where the Service is illegal in any way is prohibited.
Acknowledging the worldwide reach of the Internet, you commit to adhering to all relevant local laws and regulations pertaining to your behavior online. The Service is managed and operated by our service provider from facilities situated in the United States. We do not assert that the content accessible via the Service, or any other programs or services provided through the Service, is suitable or obtainable for use in all locations, and accessing such content from regions where it may be deemed unlawful is forbidden. Individuals who opt to access the Service from other regions do so of their own volition and at their own peril. By utilizing the Service, you explicitly consent to the collection and storage of any data you provide on servers located within the United States.
These Terms of Use do not establish any form of agency, partnership, collaborative endeavor, or employment association between the parties. Neither party possesses the power or capacity to obligate or commit the other party in any manner whatsoever. We retain the prerogative to make adjustments to user interactions, gameplay dynamics, pricing structures, and more, as we deem appropriate, with the aim of optimizing the user experience. Additionally, we reserve the right to cease providing support for any application or game at our discretion, should we encounter limitations in resources.
The interpretation and application of these Terms of Use are subject to and guided by the legal statutes of the State of California, with the exception of laws pertaining to conflicts of interest. By accepting these terms, you consent to the jurisdiction of California's judicial system, including the courts situated in the City and County of San Francisco and Alameda County, for the resolution of any disputes or legal matters arising from or connected to the Service or these Terms of Use. This Agreement embodies the complete and exclusive understanding between the parties regarding the subject matter addressed herein and supplants any prior agreements, whether written or verbal, in relation to the same subject matter. Soma AI reserves the right to transfer or delegate its obligations under this Agreement without providing prior notice to you. Furthermore, you acknowledge and agree that any legal claim or action related to Soma AI's websites or applications must be initiated within one (1) year from the date the cause of action first materialized.
Last Updated: April 2023