We recommend reading the full Terms of Service below for a comprehensive understanding of our terms.

Full Agreement: We recommend reading the full Terms of Service below for a comprehensive understanding of our terms.

Last Updated: August 8th, 2024

End User License Agreement of MemeBot9000

Welcome to MemeBot9000 (the "Platform"), which is provided by OR Interactive Ltd. or its affiliates (collectively such entities will be referred to as this "Application", "MB9K", "we" or "us").

You are reading the terms of service (the "Terms"), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the "Services"). Our Services are provided for private, non-commercial use. For purposes of the Terms, "you" and "your" means you as the user of the Services.

The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.

Although the entire contractual relationship relating to these Services is entered into solely by the Owner and Users, Users acknowledge and agree that, where this Application has been provided to them via the Apple App Store or Google Play, Apple / Google may enforce these Terms as a third-party beneficiary.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

What the User should know at a glance

• The Service / this Application is only intended for Consumers.
• The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as "the right of withdrawal" within this document.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Application, Users confirm to meet the following requirements:

• Users must qualify as Consumers;
• Users must be recognized as adult by applicable law;
• Users aren't located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country;
• Users aren't listed on any U.S. Government list of prohibited or restricted parties;

User Authentication

Account Creation:

To use MemeBot9000, users must authenticate using Firebase Authentication. Users can log in using one of the following methods:

Login Options:

Prohibited Individuals: You may not use MemeBot9000 if you are listed on any U.S. Government list of prohibited or restricted parties.

User Responsibility: It is your responsibility to ensure that your use of MemeBot9000 complies with all applicable export and re-export control laws and regulations.

Dispute Resolution

Governing Law: This EULA and any disputes arising out of or related to it or MemeBot9000 will be governed by the laws of Israel, without regard to its conflict of law provisions.

Informal Resolution: Before filing a claim against OR Interactive Ltd., you agree to try to resolve the dispute informally by contacting support@or-interactive.com. We'll try to resolve the dispute informally by contacting you via email.

Arbitration: If a dispute is not resolved within 15 days of submission, you or OR Interactive Ltd. may elect to have the dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other.

Arbitration Procedures: The arbitration shall be conducted by JAMS under its Comprehensive Arbitration Rules and Procedures. The arbitration shall be conducted in Tel-Aviv, Israel by a single neutral arbitrator.

Class Action Waiver: Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor OR Interactive Ltd. will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

Limitation on Time to File Claims: Any cause of action or claim you may have arising out of or relating to this EULA or MemeBot9000 must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Updates and Changes to Terms

Right to Update: We reserve the right to update or modify this EULA at any time and without prior notice.

Notification: We will notify you of any changes by posting the new EULA on this page and updating the "Last Updated" date at the top of this EULA.

Continued Use: Your continued use of MemeBot9000 after any changes to the EULA constitutes your acceptance of such changes. If you do not agree to the new terms, you must stop using the service.

Regular Review: We encourage you to review this EULA periodically for any changes.

Material Changes: For any material changes to this EULA, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Definitions

• "MemeBot9000" or "the App" refers to the mobile application provided by OR Interactive Ltd. for creating and sharing memes.
• "Tokens" refer to the in-app currency used to access certain features and generate memes within MemeBot9000.
• "Watermarking" refers to the process of adding a visible overlay to generated memes to indicate they were created using MemeBot9000.
• "AI-Generated Content" refers to any text, images, or memes created using the artificial intelligence features of MemeBot9000.
• "User-Generated Content" refers to any content, including memes, created or uploaded by users of MemeBot9000.
• "EULA" refers to this End User License Agreement.
• "We," "Us," or "Our" refers to OR Interactive Ltd., the company that owns and operates MemeBot9000.
• "You" or "User" refers to any individual or entity using MemeBot9000.

Content on this Application

Ownership and Intellectual Property Rights:

Unless otherwise specified or clearly recognizable, all content available on this Application, including AI-generated images, is owned or provided by the Owner or its licensors.

The Owner holds and reserves all intellectual property rights for any such content, including but not limited to text, images, graphics, and AI-generated content.

Efforts to Ensure Compliance:

The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In cases where Users believe that certain content infringes on their rights or legal provisions, they are encouraged to report their concerns using the contact details provided in this document.

Use of Content:

Users are permitted to use the content from this Application in a manner necessary or implicit in the proper use of the Service.

Specifically, AI-generated images are provided for the User's personal, non-commercial use only.

Users may not copy, download, share (beyond the limits set in these Terms), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Exceptions for Personal Use:

Where explicitly stated on this Application, the User may download, copy, and/or share some content available through this Application for their sole personal and non-commercial use, provided that all copyright attributions and other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright remains unaffected.

Access to External Resources

Third-Party Resources and Content:

Through this Application, Users may have access to external resources provided by third parties, including but not limited to articles, and other related materials.

Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content, accuracy, availability, or reliability.

Third-Party Terms and Conditions:

Conditions applicable to any resources provided by third parties, including any possible grant of rights in content, are governed by each third party's terms and conditions or, in the absence of those, applicable statutory law.

Users are advised to review any such terms and conditions before engaging with third-party resources.

How to File a Takedown Notice (Called a "DMCA Notice")

Scope of DMCA Notice:

If copyright holders or their agents believe that any content on this Application, including user-generated or AI-generated content, infringes upon their copyrights, they may submit a DMCA notification to the Owner.

Required Information:

To file a DMCA notice, please provide the following information in writing to the Owner's Copyright Agent:

1. A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Owner to locate the material.
4. Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an email address.
5. A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Invalidity of Incomplete Notices:

Failure to comply with all of the requirements outlined above may result in the invalidity of the DMCA notice.

Contact Information for DMCA Notices:

Copyright infringement notifications should be addressed to the Owner's Copyright Agent at the contact details specified in this document.

Acceptable Use

Purpose and Scope:

This Application and the Service are provided for personal, non-commercial use, primarily for obtaining AI-generated meme creation and related content. Users must use this Application and the Service within the scope of what they are provided for, under these Terms and applicable law.

User Responsibilities:

Users are solely responsible for ensuring that their use of this Application and/or the Service does not violate any applicable laws, regulations, or third-party rights.

Specifically, users should refrain from sharing or using memes in a manner that could be considered harmful or in violation of applicable laws.

Prohibited Activities:

The Owner reserves the right to take appropriate measures to protect its legitimate interests, including denying Users access to this Application or the Service, terminating contracts, or reporting misconduct to competent authorities, if Users engage in or are suspected of engaging in any of the following activities:

1. Violating laws, regulations, and/or these Terms.
2. Infringing any third-party rights, including intellectual property, privacy, or publicity rights.
3. Considerably impairing the Owner's legitimate interests or those of other users.
4. Offensive behavior or content that offends the Owner, other users, or any third party, especially in relation to user-generated content.

Software License

Ownership of Rights:

Any intellectual or industrial property rights, and any other exclusive rights in software or technical applications embedded in or related to this Application, including AI components used for meme creation, are held by the Owner and/or its licensors.

License to Users:

Subject to Users' compliance with these Terms, the Owner grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and/or any other technical means embedded in the Service, solely for the purpose of accessing and utilizing this Application and the Service offered.

This license does not grant Users any rights to access, use, or disclose the original source code. All techniques, algorithms, and procedures contained in the software and any related documentation are the sole property of the Owner or its licensors.

Restrictions on Use:

Users are not permitted to copy, modify, redistribute, or create derivative works from the software. This includes any AI-generated content or methodologies used in the Application.

Termination of License:

All rights and license grants to Users will immediately terminate upon any termination or expiration of this Agreement.

Usage on Devices:

Users may download, install, use, and run the software on a permitted number of devices, provided that such devices are up-to-date and consistent with current technology and market standards.

Updates and Developments:

The Owner reserves the right to release updates, fixes, and further developments of this Application and/or its related software, which may be provided to Users for free or against payment of a fee.

Users may need to download and install such updates to continue using this Application and its related software effectively.

TERMS AND CONDITIONS OF SALE

Paid Features and Credit System:

Certain features of this Application, are accessible through a credit-based system.

Credit Usage and Deduction:

Each query made by the user to the Application will result in the deduction of credits from the user's account.

The amount of credits deducted is calculated based on the number of input and output tokens. This is designed to reflect the complexity and depth of the query and response.

Detailed information on the credit deduction mechanism, including examples of token counts and corresponding credit costs, might be provided within the Application to help users understand how credits are consumed.

Purchasing Credits:

Users can purchase credits through the Application, selecting from various credit packs as outlined in the purchasing section.

Upon selecting and purchasing a credit pack, users agree to pay the specified price, inclusive of any applicable taxes and fees.

A receipt confirming the purchase will be sent to the user.

Payment Terms:

The pricing of credits, including any applicable taxes and additional fees, will be clearly displayed during the purchasing process.

Accepted payment methods and related conditions will be specified within the Application.

All payments are processed via third-party services. The Application does not store payment information like credit card details.

Non-Refundable and Non-Transferable Credits:

Credits purchased are non-refundable and non-transferable. Once credits are spent on a query, they cannot be reinstated.

Access to Paid Features:

Access to the Application's paid features is contingent upon having enough credits. Users will not be able to use these features if they do not have sufficient credits.

Free Credits for New Users:

As a welcome gesture, new users of the Application may receive free credits to test out the app's features.

The decision to offer free credits, as well as the number of credits provided, is at the sole discretion of the Owner. This offer may vary or be discontinued at any time without notice.

Promo Codes for New Users:

The Application may feature a "Promo Code" option, offering promotional discounts to users.

Promo codes are exclusively available to new users who have not previously purchased any credits.

The availability and value of promo codes are determined by the Owner and are subject to specific terms and conditions as communicated at the time of the promotion.

Each promo code is typically valid for a limited time and may have specific usage conditions.

No Trial Periods or Subscriptions:

The Application does not offer trial periods or subscription-based access to its features and services.

Modification of Credit System:

The Owner reserves the right to modify the credit system, including the way credits are calculated and deducted. Any such changes will be communicated to users through the Application or via email.

Termination and Restriction:

Users may stop using the paid features at any time. However, stopping use does not entitle users to a refund of remaining credits.

The Owner reserves the right to terminate or restrict a user's access to paid features if they violate these Terms.

User Rights

Acknowledgment of Credit Terms at Purchase:

During the process of purchasing credits, users are presented with a legal disclaimer which states: "Purchases provide one-time credits, charged to your Apple Store account upon confirmation. Credits are non-refundable and non-transferable. Credits needed per question vary based on its time scope, your chat history, and the response's depth. Visit Support for more details."

By proceeding with the purchase, users acknowledge and agree to these terms. It is implied that users understand the nature of the transaction and the conditions under which the credits are provided.

Non-Applicability of Withdrawal Right:

Given the immediate access to and consumption of digital content (AI-generated meme creation) through the use of credits, the standard right of withdrawal is not applicable once the credits are used.

This aligns with the EU regulations for digital content, which stipulate that the right of withdrawal may not apply to digital content that is immediately accessible and not provided on a tangible medium.

Refund Policy Consistency:

The Application's refund policy is consistent with the nature of the digital content provided and is clearly communicated to users during the credit purchasing process.

Refunds are not available once the credits are used, as the service is considered delivered and consumed.

Liability and Indemnification

Indemnification:

The User agrees to indemnify and hold harmless the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees from any claims or demands, including reasonable lawyer's fees and costs, made by any third party due to or arising out of the User's use of the Service, violation of these Terms, infringement of any third-party rights, or any statutory provision by the User or their affiliates.

This indemnification obligation covers any culpable use of the Service, including but not limited to misuse of AI-generated meme creation or content and any violation of intellectual property rights.

Limitation of Liability:

The Owner's liability is limited as follows: Users shall not have the right to claim damages against the Owner or its representatives for any matters except where damages arise due to gross negligence or intentional misconduct, or relate to life, health, or physical integrity.

In cases involving the breach of essential contractual obligations necessary for the fulfillment of the contract's purpose, the Owner is liable only for typical and foreseeable damages, provided that the Application has been used correctly and appropriately by the User.

It is specifically noted that the AI-generated meme creation and content provided by the Application are for entertainment and personal insight purposes only and should not be relied upon for critical decision-making. The Owner is not liable for decisions made based on the content provided by the Application.

Clarification on AI-Generated Content:

The Owner does not guarantee the accuracy, reliability, or applicability of any AI-generated meme creation or content. Users are advised to use their judgment and seek professional advice where necessary for significant decisions.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner's sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

This Application is provided strictly on an "as is" and "as available" basis. Use of the Service is at Users' own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users' requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users' computer system or mobile device or loss of data that results from such download or Users' use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users' web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the Owner's secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• User's use of and access to the Service, including any data or content transmitted or received by User;
• User's violation of these terms, including, but not limited to, User's breach of any of the representations and warranties set forth in these terms;
• User's violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User's violation of any statutory law, rule, or regulation;
• any content that is submitted from User's account, including third party access with User's unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User's wilful misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common Provisions

No Waiver:

The Owner's failure to enforce any rights or provisions in these Terms does not constitute a waiver of such rights or provisions. A waiver of any term is not to be deemed a further or continuing waiver of such term or any other term.

Service Interruption:

For maintenance, updates, or other necessary changes, the Owner reserves the right to interrupt the Service. Users will be informed about such interruptions as reasonably possible.

In certain circumstances beyond the Owner's control, such as force majeure events, the Service might not be available.

Service Reselling:

Users are prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting any portion of this Application and its Service without the Owner's express written permission.

Privacy Policy:

Users can refer to the Application's privacy policy to understand how their personal data is used and protected.

Intellectual Property Rights:

All intellectual property rights related to this Application are the exclusive property of the Owner or its licensors and are protected by applicable laws and international treaties.

Changes to Terms:

The Owner reserves the right to amend these Terms. Users will be informed of any changes, which will only affect future use. Continued use of the Service after changes indicates acceptance of the new Terms.

Assignment of Contract:

The Owner may transfer, assign, or subcontract any rights or obligations under these Terms. Users may not transfer or assign their rights or obligations without written permission from the Owner.

Severability:

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect. Appropriate provisions will replace invalid or unenforceable ones to closely match the original intent.

Governing Law and Jurisdiction:

These Terms are governed by the law of the place where the Owner is based, with specific provisions for European Consumers to ensure higher consumer protection standards where applicable.

Dispute Resolution:

Users should first contact the Owner to resolve disputes amicably. The European Commission provides an online platform for resolving disputes for European Consumers, available at the specified link.

Surviving Provisions:

Certain provisions of these Terms will survive termination, including license grants, indemnification obligations, and liability limitations.

Contact information

• • • Owner and Data Controller

      OR Interactive LTD - 3 Kalman Magen Street, Tel-Aviv, Israel.

      If you have any questions about how we use your personal information, please contact support@or-interactive.com.

Last Updated: August 8th, 2024