1. Introduction

These Terms of Use and End User License Agreement (collectively, the “Agreement”), together with all documents incorporated by reference herein, constitute a legally binding agreement between you, as an individual (“you”, “your”, or “User”), and Alzor Labs Company Limited (“we”, “us”, or “our”). This Agreement governs your access to and use of Chat AI 5, including our mobile software application, related web products, websites, features, content, subscriptions, and services (collectively, the “Application” or “Services”). The Application’s name may vary in different countries or regions and may change at any time without prior notice.

All documents related to the Application are expressly incorporated by reference herein, including our Privacy Policy, Cancellation Policy, and Refund Policy. Please read this Agreement carefully before downloading, installing, accessing, or using the Application or Services. It is critical that you read and understand this Agreement, as downloading, installing, accessing, or using the Application or Services signifies that you have read, understood, agreed to, and accepted this Agreement. This Agreement takes effect from the date you first download, install, access, or use the Application or Services, and your continued use of the Application or Services constitutes your agreement to comply with its terms.

2. Changes to This Agreement

We reserve the right to modify or amend this Agreement at our sole discretion at any time and for any reason. We will notify you of any changes by updating this Agreement, and you waive the right to receive specific notice of each such change. You are responsible for periodically reviewing this Agreement to stay informed of updates. By continuing to use the Application after the revised Agreement is posted, you are bound by any changes and are deemed to have been made aware of and accepted such changes. If you do not agree with any revisions, you must discontinue use of the Application.

3. Restrictions on Application Use

User Acknowledgment: You represent that you are at least 18 years of age or the age of majority in your jurisdiction, or that you are above the minimum age permitted in your jurisdiction to use the Application and are using it only with the consent and supervision of your parent or legal guardian. You further confirm that you have fully read, understood, and agreed to be bound by this Agreement, or that your parent or legal guardian has accepted this Agreement on your behalf where required.

Regional Age Restrictions:

• United States (COPPA Compliance): Users under 13 years of age are prohibited from using the Application.
• European Economic Area (GDPR Compliance): Users under 16 years of age are prohibited from using the Application.
• California (CPRA Compliance): We do not sell or share personal information of users under 16 years of age without explicit consent.

Notice to Parents and Legal Guardians: By allowing your child to download, install, use, access, register, or make in-app purchases within the Chat AI 5 Application, you hereby agree to the terms of this Agreement on behalf of your child. You are responsible for supervising your child’s online and offline activities or negligence. If you do not agree with this Agreement, do not permit your child to use the Chat AI 5 Application or its features. If you are a parent or legal guardian of a child under 18 and believe they have used the Chat AI 5 Application without your prior consent, please contact us at: [email protected].

4. General Terms

The Application is developed for personal and productivity purposes. It uses artificial intelligence and third-party AI service providers and AI service platforms to generate responses, understand user input, analyze uploaded content, create image, video, audio, or other AI-powered content, route model requests, operate automation features, and provide other AI-powered features.

In this Agreement, “conversations” and “chats” have the same meaning. They include the content you submit, upload, generate, or share in the Application or Services, including text messages, prompts, uploaded files, documents, PDFs, images, videos, audio, voice inputs, screenshots, extracted text, previous chat context, generated outputs, and related technical metadata needed to process your request.

Because the core AI features require third-party AI processing, these features cannot be provided without sending the necessary conversations / chats to third-party AI providers or platforms as described in our Privacy Policy. If User Memory is enabled by you or with your consent, your conversations / chats may be analyzed to generate memory entries that can personalize future responses, and relevant memory entries may be included in future AI requests sent to third-party AI providers. You can request to access, export, delete, or opt out of User Memory by contacting us at [email protected]. Additionally, deleting your saved conversations / chats in the App may remove associated User Memory entries as described in the Privacy Policy.

5. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, share, transfer, retain, and safeguard your personal information when you use Chat AI 5, including how conversations / chats and related context may be sent to third-party AI service providers and AI service platforms to provide AI-powered features.

Access to and use of the Application and Services are subject to the Privacy Policy. When you first launch the App, we display a notice on the launch screen stating: "By continuing, you agree to our Privacy Policy and Terms of Use. This app sends your conversations to third-party AI providers (e.g., OpenAI, Google) to generate responses." By tapping Continue, you acknowledge this notice and allow us to send your conversations / chats to third-party AI providers as described in the Privacy Policy. If you do not agree, you should not tap Continue or use AI features that require third-party AI processing.

Please review our Privacy Policy carefully here. If you do not agree with any part of the Privacy Policy or this Agreement, you must stop using the Application and Services.

6. End User License Agreement and User Content Guidelines

6.1 Intellectual Property Related to the Application

Please note that this subsection, “Intellectual Property Related to the Application,” does not apply to User Content (as defined below in this Agreement). The licensing terms and other provisions for User Content are specified in Section 6.2, “User Content,” below.

By using the Application, you agree to respect our intellectual property rights (related to the Application’s source code, UI/UX design, content materials, copyrights, and trademarks, hereinafter referred to as “Intellectual Property”) as well as the intellectual property rights of third parties.

For as long as you continue to use the Application, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right under this Agreement (the “License”).

You may use our Application solely for your own non-commercial purposes. You are obligated to respect copyrighted materials within the Application.

The Application’s source code, design, and content, including information, photographs, illustrations, artwork, and other graphic materials, sounds, music, or videos (hereinafter referred to as “Works”), as well as names, logos, and trademarks (hereinafter referred to as “Branding Elements”), are protected by copyright laws, other relevant laws, and/or international treaties and belong to us and/or our partners and/or contracted third parties, as applicable.

Reproduction, republication, redistribution, dissemination, transmission, sale, publication, broadcasting, or circulation of all or part of these Works and Branding Elements is strictly prohibited without the express permission of us and/or our partners and/or contracted third parties.

All ownership, rights, and interests in the Application, its content, Works, Branding Elements, and its functionality: (1) are the exclusive property of Alzor Labs Company Limited and/or our partners and/or contracted third parties; (2) are protected by applicable international and national laws; and (3) are not transferred or assigned to you, in whole or in part, within the scope of this Agreement.

We will not hesitate to take legal action to protect and enforce our rights against unauthorized use of our trademarks, names, or symbols. All rights not expressly granted are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

6.2 User Content

The Application allows you to submit, upload, generate, and share content through AI-powered features (“Input Content”) and to receive AI-generated responses, summaries, files, images, videos, audio, recommendations, or other outputs (“Output Content”). In this Agreement, “User Content” includes both Input Content and Output Content, including conversations / chats. We do not claim ownership of your User Content. Subject to this Agreement, applicable law, and any third-party rights, you retain your rights to your User Content and may use it for lawful purposes.

As described in our Privacy Policy, we may process User Content, including conversations / chats, as necessary to provide the core functionality of the Application, including generating responses, analyzing uploaded content, creating AI-powered content, operating automation features, routing model requests, and supporting other AI-powered features. This processing may require sending conversations / chats and related context to third-party AI service providers or AI service platforms. We do not use your conversations / chats, uploaded files, images, videos, audio, screenshots, or AI-generated content for advertising targeting, cross-app tracking, or cross-context behavioral advertising.

Where User Content is used for non-essential purposes, such as analytics, attribution, personalization, or User Memory where applicable, we will do so as described in the Privacy Policy and, where required by applicable law, with notice, consent, or available choices. You may withdraw consent or opt out through available privacy controls, where provided, or by emailing [email protected].

User Memory. If User Memory is enabled by you or with your consent, your conversations / chats may be analyzed to extract key information, such as your preferences, interests, frequently discussed topics, and interaction patterns, and store this as a persistent User Memory profile. User Memory is used to personalize your experience by providing more relevant responses in future conversations. Relevant memory entries may be included in future AI requests sent to third-party AI providers to personalize responses. User Memory data belongs to you. You may request to access, export, delete, or opt out of User Memory generation at any time by emailing [email protected] with the subject line “User Memory Request.” For full details on data handling, retention, and your rights, please refer to the Privacy Policy.

Please note that factual statements in Output Content should not be relied upon without independent verification, as they may be inaccurate, incomplete, misleading, or fail to reflect recent events or information.

You acknowledge that Output Content may not be unique, and other users may receive similar content from the Application. Responses generated for other users are not considered part of your Output Content.

You assume all risks associated with the use of User Content. When using User Content, you are responsible for ensuring compliance with applicable laws.

You are solely responsible for all Input Content and represent and warrant that you possess all necessary rights, licenses, consents, and permissions to upload, submit, share, and use Input Content in the Application or Services. Ensure that such Content, prior to uploading:

• Belongs to you, or you have the right to use it as permitted by the Application’s technology;
• Is lawful, conforms to public morals, and does not violate public order;
• Does not infringe upon third-party rights, including copyrights and privacy rights.

Please refer to Section 7 for further details. Compliance with Section 7 is critical, and non-compliance may result in restricted access to the Application and/or other adverse consequences.

6.3 Third-Party Materials and Services Integrated into the Application

The Application integrates or may rely on the following third-party services:

We collaborate with multiple third-party service providers to deliver, secure, measure, and improve our services. The providers used for a particular request may depend on the feature, model, region, device platform, purchase method, routing method, and availability.

Third-Party AI Service Providers

Third-Party AI Service Platforms

Data, Subscription, Analytics, Attribution, Cloud, and Infrastructure Providers

We require third-party service providers that process personal data for us to maintain privacy and security protections that are the same as or equivalent to those described in our Privacy Policy and required by applicable law, including confidentiality, purpose limitation, secure transmission, access controls, retention limits, breach notification where required, and assistance with user rights requests.

For additional details about these services, including their terms of service and privacy policies, please refer to their respective websites and our Privacy Policy. Third-party websites, app stores, payment processors, and platforms may also apply their own terms when you interact with them directly.

7. Prohibited Conduct

You agree not to use the Application in any manner that:

• Is unlawful, illicit, or unauthorized;
• Is defamatory or disrespectful to others;
• Contains obscene or offensive content;
• Infringes upon the copyrights, patents, database rights, or trademarks of others;
• Advocates for, promotes, or facilitates illegal activities;

Furthermore, you shall not upload, input, create, generate, share, or distribute User Content through the Application that:

• Expresses, incites, or promotes discrimination;
• Intends to harass, threaten, or bully individuals;
• Promotes or glorifies violence;
• Promotes, encourages, or depicts self-harm;
• Is intended to elicit sexual interest;
• Seeks to influence political processes or is used for campaign purposes;
• Constitutes unsolicited bulk content;
• Is false or misleading with the intent to deceive;
• Attempts to create malicious software.

We cannot review or moderate all content in advance. We do not routinely review your conversations manually. Limited authorized access may occur only when necessary for user support, security, troubleshooting, legal compliance, enforcing this Agreement, or responding to your request. We reserve the right, but not the obligation, to refuse, restrict, remove, or disable access to Content or features where we reasonably believe it is necessary to protect users, comply with law, enforce this Agreement, or prevent misuse of the Application or Services.

8. User Privacy Rights

In accordance with applicable privacy regulations, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), you may have specific privacy rights, including but not limited to the right to know, the right to access, the right to delete, the right to correct, the right to opt out of certain sale, sharing, or tracking activities where applicable, and the right to non-discrimination.

For detailed explanations of these rights and how to exercise them, please refer to our Privacy Policy. You may exercise privacy rights through available privacy controls, where provided, or by emailing [email protected].

9. Application Availability, Security, and Accuracy

To use the Application or Services, you require a compatible device, supported browser or operating system where applicable, and Internet access.

The mobile Application is available for download and installation on handheld devices running Apple iOS Operating System version 15.0 or later. Related web products may be available through supported web browsers.

We do not guarantee that the Application or Services are compatible with all hardware, software, browsers, networks, regions, or devices you may use. We do not guarantee that access to the Application or Services will be uninterrupted, timely, or error-free.

You acknowledge that access to the Application and Services is provided via the Internet and mobile networks, and thus quality and availability may be affected by factors outside our reasonable control. The Application’s versions may be upgraded from time to time to add support for new features and services.

We may modify or update the Application, Services, or any content described therein without prior notice. When necessary, we may suspend access to the Application or Services or discontinue them indefinitely.

You further warrant that any information you provide to us is true, accurate, and complete, and you agree to maintain its accuracy.

You may discontinue using our services at any time. If you choose to stop using the mobile Application, you should uninstall it. Uninstalling the Application does not automatically cancel an active subscription; cancellation requirements are described in Section 10 and in the applicable Cancellation Policy.

10. Fees

The Application may be provided free of charge for basic functionalities. Access to certain services and/or additional features within the Application or Services (“Premium Features”) may require in-app purchases, paid subscriptions, one-time purchases, or other paid plans.

Premium Features may be purchased through the Apple App Store for iOS in-app purchases and subscriptions. Where available for web products, Premium Features may also be purchased through supported web payment providers, including Stripe or PayPal. The available purchase methods, prices, currencies, billing periods, free trials, renewal terms, taxes, and payment providers may vary by platform, country, region, plan, and promotion.

A list of Premium Features and pricing is provided on the relevant App Store page, checkout page, subscription screen, signup screen, or purchase flow before you complete a purchase. You may have the opportunity to try Premium Features during a free trial period where offered.

10.1 Apple App Store Subscriptions and In-App Purchases

iOS in-app purchases, subscriptions, and free trials are sold and billed by the Apple App Store, not directly by us. These purchases are subject to Apple’s applicable terms and payment policies. Upon confirmation of purchase, payment will be charged to your Apple ID account or other payment method managed by Apple.

Subscriptions managed through Apple renew automatically unless canceled at least 24 hours before the end of the current billing period or free trial period. The subscription may renew within 24 hours before the end of the current period. If a free trial is offered, you must cancel at least 24 hours before the trial ends to avoid being charged. If you purchase a subscription during a free trial, any unused portion of the free trial may be forfeited as determined by Apple.

You can manage or cancel Apple subscriptions through your Apple ID account settings, including through Settings > [Your Name] > Subscriptions on iOS. Deleting the Application from your device does not cancel your subscription. Subscriptions cannot be canceled for a refund during the active billing period through the Application; after cancellation, you may continue to access applicable Premium Features until the end of the current paid period, unless Apple or applicable law provides otherwise.

All Apple billing, refund, chargeback, and payment method inquiries should be directed to Apple. Apple makes refund decisions for Apple App Store purchases under Apple’s policies, and we cannot approve, deny, issue, or override refunds on Apple’s behalf.

10.2 Web Payments, Stripe, and PayPal

Where Premium Features are offered through web products, payments may be processed by Stripe, PayPal, or another supported payment provider. Web payment transactions are subject to the terms presented at checkout and the applicable payment provider’s terms. Payment providers may collect and process billing information, payment transaction records, and payment method details as described in their own policies and in our Privacy Policy. We do not receive your full payment card details from Apple, Stripe, or PayPal.

Web subscriptions, if offered, may renew automatically according to the billing period and cancellation terms shown at checkout or in your account controls. You are responsible for reviewing the subscription terms before purchase and canceling before the renewal deadline if you do not want the subscription to renew.

10.3 Cancellation and Refund Policies

Our cancellation terms are further described in our Cancellation Policy. Our refund terms are further described in our Refund Policy. These policies are incorporated into this Agreement by reference.

For Apple App Store purchases, refund requests must be submitted directly to Apple, including through reportaproblem.apple.com, the App Store purchase history flow, or Apple Support. For web purchases, refund eligibility and processing may depend on the applicable checkout terms, payment provider, subscription status, usage, applicable law, and our Refund Policy.

10.4 General Payment Terms

We reserve the right to modify, terminate, or otherwise amend the subscription plans, prices, features, payment methods, free trials, and promotions we offer at any time, subject to applicable law and platform requirements.

Your telecommunications provider may charge fees for downloading and/or accessing the Application, so please review the terms of your agreement with your carrier. Accessing the Application outside your country of residence may incur roaming charges. All such charges are your responsibility. If you are not the bill payer for the mobile device or tablet, we assume you have obtained permission from the bill payer to incur any such charges.

If you are under 18 years of age, you are legally required to obtain permission from a parent or legal guardian to make any purchase. By completing a purchase, you confirm to us that you have obtained all necessary permissions to make such a purchase.

If you are a parent or legal guardian of a person under 18, we recommend considering parental control features offered by the Apple App Store, device operating system, browser, payment provider, or other applicable platform to prevent unauthorized purchases.

11. Third-Party Websites and Resources

The Application may link you to other websites on the Internet or contracted third parties to provide specific services. We do not control the content of any websites or mobile applications linked to the Application (unless we are the provider of such linked websites or mobile applications) and are not responsible for them. These linked websites and mobile applications are provided “as is” for your convenience only, with no express or implied warranties.

You acknowledge that you bear all responsibility and risk for the use of any third-party websites or resources.

If you have any questions, concerns, or complaints regarding third-party websites or mobile applications (including but not limited to issues related to products, product orders, defective products, and refunds), you must contact the operator of the respective third-party website or mobile application directly.

12. Disclaimer

You agree that your use of the Application and Services is at your sole risk. All materials, information, software, and content integrated into the Application or Services are provided “as is” and “as available”. We make no express or implied warranties regarding the merchantability, technical compatibility, or fitness for any particular purpose of any services, products, or materials. We do not guarantee that the functions contained in the services or content provided through the services will be available, uninterrupted, or error-free, that defects will be corrected, or that the services or the servers that make them available are free of viruses or other harmful components.

Important Disclaimer

Furthermore, you understand and agree that:

• Output is generated by artificial intelligence;
• Output may be erroneous, inaccurate, or misleading;
• We do not represent or warrant that Output is accurate, true, correct, or suitable for your use or needs;
• Output does not constitute advice, guidance, or information provided by us in any way and does not represent our views;
• We assume no obligation or liability for Output, nor are we liable for any damages (including any direct, indirect, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, time, use, data, goodwill, intangible losses, or any other type of damage, whether under contract, tort, or other legal theory, including but not limited to strict liability and negligence) arising from or related to Output;
• You use any Output at your sole risk;
• You should not rely on Chat AI 5 as your sole source of information;
• Output should not be used for legal, medical, financial, or safety-critical decisions.

Additionally, you understand and agree that Output may not be unique, as other users providing the same or similar inputs may receive identical or similar Output. You further understand and agree that you shall not use Chat AI 5 to mislead any third party into believing that Output is entirely human-generated. Furthermore, Output should not be used for purposes that may have legal or significant effects on an individual, such as making significant decisions about that individual.

User Memory Disclaimer

If User Memory is enabled by you or with your consent, the feature generates summaries and inferences based on your conversations / chats using automated processing. These summaries may be inaccurate, incomplete, or outdated. You should not rely on User Memory as a definitive record of your preferences or past interactions. You may request access, export, deletion, or opt-out of User Memory by contacting [email protected]. We are not liable for any consequences arising from inaccurate or incomplete User Memory data.

Medical Disclaimer

Our services are not intended, prepared, developed, or implied to be used for the diagnosis, prevention, or treatment of any disease, condition, or ailment, or to substitute for medical advice, medical care, or psychological counseling.

Chat AI 5 is not, in any sense, a medical or healthcare professional and does not provide any form of diagnosis, examination, or treatment services for medical or health conditions. We do not possess expertise in these areas.

Use of the services or any other communications provided by us does not create or imply a medical professional/healthcare provider-patient relationship (e.g., doctor-patient or psychologist-patient relationship).

We have no obligation to provide any emergency services. We are not obligated to contact you or any other person regarding your medical or health condition or its treatment. In a medical emergency, you should call your local emergency services number.

If you have any questions about your health, medical, or psychological condition, we recommend that you always consult a professional healthcare provider.

You should not disregard, avoid, or delay seeking professional medical care and advice due to any content read or obtained through the services.

If you have or suspect you may have a medical condition or mental health issue, you should immediately consult a professional healthcare provider.

13. Limitation of Liability and Indemnification

Under no circumstances shall we be liable for any type of direct or indirect damages arising out of or related to the Application and its services. We shall not be liable for any special, consequential, incidental, punitive, or exemplary damages, or loss of profits or revenue, even if we have been expressly advised of the possibility of such damages. We are also not liable for damages arising from products, services, and/or information provided by any third party through the Application or otherwise. You further acknowledge that we are not liable for costs or damages arising from private or governmental legal actions resulting from your use of the Application and its services in any jurisdiction.

You also acknowledge and agree that you assume all risks associated with the use of the Application and/or any User Content. You are responsible for all liabilities arising from your use of the Application and/or the sharing and distribution of any User Content. Furthermore, you agree to defend, indemnify, and hold us, our successors, assigns, licensees, partners, affiliates, officers, directors, and employees harmless from any claims, liabilities, complaints, losses, costs, and damages arising from your use of the Application, use of User Content, or non-compliance with the terms of this Agreement.

14. Compliance with Laws

You represent and warrant that:

• Your use complies with all applicable trade sanctions and export control laws (e.g., U.S. OFAC, EU Dual-Use Regulations). The Application is not available in jurisdictions subject to comprehensive embargoes (e.g., Cuba, Iran, North Korea, Syria, Crimea).
• You will comply with the laws of your jurisdiction.

15. Third-Party Beneficiary

You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third-party beneficiary.

16. Governing Law and Claims

Choice of Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of Hong Kong.

Dispute Resolution

All disputes, claims, actions, causes of action, or proceedings between the parties to this Agreement, whether based on contract, tort, equity, statute, or otherwise, including disputes and claims arising out of or related to this Agreement, particularly regarding its performance or alleged breach, shall:

1. Be governed by and construed in accordance with the substantive and procedural laws of Hong Kong, without regard to its conflict of law provisions; and
2. Be exclusively adjudicated by the courts of competent jurisdiction in Hong Kong, to the exclusion of other courts and forums.

We do not guarantee that the Application is suitable for use globally. Individuals accessing or using the Application from other jurisdictions do so voluntarily and are responsible for compliance with local laws.

If you choose to access or use the Application from a restricted location, you are responsible for:

• Ensuring that your actions are lawful in that jurisdiction;
• Complying with all applicable laws, regulations, codes of conduct, licenses, registrations, permits, and authorizations, and the consequences thereof.

16.1 Class Action Waiver

In resolving any dispute and/or seeking relief from us, you expressly agree to waive the right to initiate or participate in any type of class action and/or proceeding.

If any dispute, allegation, or claim (including non-contractual claims) arises out of or relates to the Application, its services, or this Agreement, you and we agree to send a written notice to the other party, providing a reasonable description of the dispute and proposed resolution. Notices should be sent to the most recent contact information. Within 60 days of receiving such notice, you and we will engage in discussions to attempt to resolve the dispute, though neither party is required to agree to a resolution on unsatisfactory terms.

17. Termination

We reserve the right to terminate this Agreement at our sole discretion at any time and for any reason.

Upon termination, (a) the rights and licenses granted to you under this Agreement shall cease, and (b) you must discontinue all use of the Application.

Upon termination, your personal data will be processed in accordance with the data retention policies outlined in our Privacy Policy. You may request the deletion of your data, though we may be required to retain certain information under legal obligations. For details on data processing post-termination, please refer to Section 9 of our Privacy Policy.

18. Severability

If any provision of this Agreement is deemed unlawful, void, or unenforceable at any time, such provision shall be construed narrowly to the extent possible to render it lawful, valid, and enforceable, or, if that is not possible, it shall be severed. The remaining provisions of this Agreement shall remain in full force and effect.

You may not transfer or assign any contract or alleged rights between us to any other person.

19. Contact Information

If you have questions, concerns, or requests about this Agreement, the Application, the Services, subscriptions, cancellation, refunds, privacy, or User Memory, please contact us at [email protected].

For Apple App Store billing or refund issues, please contact Apple Support or submit a request through reportaproblem.apple.com. For web billing issues involving Stripe or PayPal, please contact us and, where applicable, the relevant payment provider.