Effective Date: 11 December, 2024
Introduction and Acceptance
By accessing or using the Anichat mobile app (the "App") or visiting https://www.animation.inc/ (the "Website") - collectively called the "Anichat Services" - you agree to be bound by these terms. This includes any method of indicating acceptance, such as clicking "agree" or checking a box. These terms apply to all users ("Users") of Anichat Services. If you don't agree to these terms or lack the authority to accept them, please do not use Anichat Services.
Animation Inc. and any of our affiliated entities (referred to here as “Anichat”, “we”, “us” and “our”) permit you to use the Anichat Services as described in these Terms.
Please note these interpretation rules: headings do not affect how provisions are interpreted; singular words include plural forms and vice versa; and terms like "including" and "for example" are not exhaustive - they provide examples only.
NOTICE REGARDING DISPUTE RESOLUTION FOR U.S. USERS: This applies to U.S. citizens, residents, and those accessing Anichat Services from the U.S. (U.S. USER). These terms govern how we resolve disputes through mandatory binding arbitration, unless you opt-out. Without opting out, you can only pursue individual claims through arbitration, not class actions, and can only seek individual relief.
Application of Terms
These Terms and any additional documents we designate as part of them govern your use of Anichat Services. Please also review our Privacy Policy at https://www.animation.inc/privacy, which explains how we handle your personal data, including what information we collect, how we use it, and your privacy rights.
Changes to these Terms
We reserve the right to modify these Terms at any time to:
Comply with legal and regulatory changes
Address technical and security updates
Adapt to user needs and business changes
For registered users, we'll notify you of changes via email or in-app notifications. You should review these Terms each time you use Anichat Services.
If you disagree with any changes, please discontinue using our Anichat Services. You may also close your account by contacting hello@animation.inc.
We may also update our Website and App periodically, with notice for major changes.
Creating an Account
Some features require you to create an "Account" with us. Follow the on-screen instructions to register and provide the necessary information. See our Privacy Policy for data usage details.
Keep your account information accurate, complete, and up-to-date.
You are responsible for all account activity, whether by you or not. Keep your account information confidential and do not share it. If you suspect unauthorized access, email us at hello@animation.inc.
We may disable your account at any time if you violate these Terms. We will notify you if this happens.
You can register using a valid app store account (e.g. Apple App Store) as a "Third-Party Account". This grants Anichat access according to the applicable terms. Your relationship with third-party providers is governed by their terms.
Accessing Anichat Services
General age limitation. Anichat is not intended for or directed at children under 13, or by anyone who is under 18 acting without parental or guardian consent, is unauthorized, unlicensed and in violation of these Terms.
Age limitation for EEA/UK individuals. You must be at least 16 years old in order to use Anichat Services. We do not allow use of Anichat by EEA individuals younger than 16 years old.
IF YOU ARE AT LEAST 13 YEARS OLD BUT UNDER 18 YEARS OF AGE, YOU AGREE THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS, AND YOU CAN FORM A BINDING CONTRACT WITH ANICHAT.
Access to our Anichat Services is permitted on a temporary basis. We may suspend, withdraw, discontinue, restrict availability of all or any part of our Anichat Services for business, security and operational reasons or change all or any part of the Anichat Services without notice. In no event shall Anichat be liable to you due to any unavailability of Anichat Services for any reason.
Anichat Content
Anichat Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all artwork, text, illustrations, files, images, software, scripts, graphics, photos, logos, slogans, audio, sounds, music, videos, information, content, materials, products, services, URLs, technology, filters, tools, documentation, and interactive features included with or available through Anichat Services (collectively, the “Anichat Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names, and trade dress that may appear in Anichat Services are owned by us, our licensors, or identified third parties.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use Anichat Service and the Anichat Content for your own personal use (“User License”); however, such User License is subject to these Terms and and does not include any right to: (i) sell, resell or commercially use Anichat Services or the Anichat Content; (ii) copy, reproduce, distribute, publicly perform or publicly display the Anichat Content, except as expressly permitted by us or our licensors; (iii) modify the Anichat Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Anichat or the Anichat Content, except as expressly set forth in these Terms and the Additional Terms; (iv) use any data mining, robots or similar data gathering or extraction methods; or (v) use Anichat or the Anichat Content other than as expressly provided in these Terms. Any use of Anichat or the Anichat Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Anichat Content.
Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title, or interest in our Anichat Services or any Anichat Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
You must not use any of the Anichat Content for commercial purposes unless you tell us first that you want to do this and we (or in the case of User Content, the applicable User) agree to give you a separate license to do so to cover this use.
Anichat Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or their website.
User Content
When you submit your User Content (which includes any text, images, audio, video, or other content you upload to Anichat Services, as well as any AI-generated content you create using Anichat) (”User Content’) to the Anichat Services, you represent and warrant that you own all right, title and interest in and to that User Content (including, without limitation, all copyrights and rights of publicity), or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Anichat Services for the uses contemplated in these Terms.
When you submit such User Content, you retain whatever ownership rights in that User Content you had to begin with. You grant Anichat, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize and otherwise use the User Content for any Anichat related purpose in any form, medium or technology now known or later developed, including without limitation to operate, improve and provide the Anichat Services. You agree that these rights and licenses include a right for Anichat to make the User Content available to, and pass these rights along to, others with whom we have contractual relationships, and to otherwise permit access to or disclose the User Content to third parties if we determine such access is or may be necessary or appropriate.
While we’re not required to do so, we may access, review, screen, edit, modify and delete your User Content at any time and for any reason, including to provide and develop the Anichat Services or if we think the User Content violates these Terms or any applicable laws.
Virtual Character.
You hold all of the rights to content, generated through Anichat, including generated AI character ("Virtual Character") using the Anichat Services in accordance with these Terms and any text, images, audio, or video that Virtual Character generates.
We do not claim ownership over your User Content, including AI-generated content you create by using Anichat (for the purpose of these Terms, the term “User Content” explicitly includes AI-generated content you create by using Anichat).
We would require a permit (called a license and referenced as a “Company License” explained further) to use your User Content uploaded to, downloaded from, and stored within the App solely for the purposes of operating or improving Anichat Services, unless you have provided us your additional explicit consent for the different purpose where required by applicable law. (“Purpose”)
By submitting User Content to the Anichat Services, you grant us a time-limited, irrevocable, non-exclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, adapt, modify, distribute, create derivative works of your User Content for Purpose, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy.
When you upload any User Content, you must ensure that (i) you have all necessary rights to upload, edit, create AI-generated, store and share User Content, and that you own, or have all necessary permissions from the owner of, the User Content; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you intend to edit and adjust on or through Anichat and approve to us that any usage of third-party User Content is otherwise cleared by you with the respective rightholder; (iii) in case the User Content depicts third parties, you have received all the necessary consents from them to upload it to Anichat; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction. By uploading such User Content, you affirm that you have such rights.
You, furthermore, agree to indemnify, defend and hold Anichat harmless for any unauthorized use of third-party User Content you might commit (both intentionally or unintentionally) in accordance with Section 10 “Indemnification” of these Terms.
Non-Unique Content. Because we use artificial intelligence technology, different users might get very similar or identical results when using our Anichat Services. When we give you rights to use your User Content, this doesn't include rights to content created by other users or third-party services.
When using any User Content, you must comply with the content and conduct standards set out in the section below (Content and Conduct Standards). You must act in good faith when using any User Content and we rely on you complying with the Content and Conduct Standards in their spirit as well as to the letter. Content and Conduct Standards apply to each part of any User Content as well as to its whole.
You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorized to act on your behalf.
We reserve the right to remove any material we deem to be in violation of these Terms or the Content and Conduct Standards, and/or suspend or terminate your account at any time in the event we consider you and/or any User Content you upload has breached these Terms, including the Content and Conduct Standards.
By posting User Content publicly including, but not limited, to tagging Anichat on social media (through direct mentioning or via a hashtag), you grant to Anichat a worldwide, non-exclusive, royalty-free, sublicensable, irrevocable and transferable license to use that User Content, and namely reproduce, distribute, modify, create derivative works, publicly display and publicly perform or otherwise use that respective User Content or any of its part, for the purpose of promoting and advertising Anichat and the Company’s services (“marketing license”). You may revoke this marketing license anytime by contacting us at hello@animation.inc.
Conduct and Content Standards
You are solely responsible for usage of generated User Content. Please, therefore, read this Section restrictions carefully.
You may use the Anichat Services only for lawful purposes. You may not use the Anichat Services:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm any adult, child or animal in any way;
to bully, insult, threat, intimidate or humiliate any person;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content and Conduct Standards;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
to attempt to gain unauthorised access to any part of the Anichat Services, the server on which our Anichat Services is stored, or any device, server, computer, or database connected to the Anichat Services;
in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying Anichat or that could damage, disable, overburden or impair the functioning of Anichat in any manner;
to circumvent any content-filtering techniques we employ or to access any feature or area of Anichat that you are not authorized to access;
to develop or to use any third-party applications that interact with Anichat without our prior written consent, including any scripts designed to scrape or extract data from Anichat;
to attack our Anichat Services via a denial-of-service attack or a distributed denial-of-service attack;
to use in Illegal or harmful industries, which Includes gambling, payday lending, illegal substances, pseudo-pharmaceuticals, multi-level marketing, weapons development, warfare, cybercrime, adult industries, spam, and non-consensual surveillance;
to misuse of personal data, Includes classifying people based on protected characteristics, mining sensitive information without appropriate consent, products that claim to accurately predict behavior based on dubious evidence;
to try to influence politics, including generating political fundraising emails, or classifying people in order to deliver targeted political messages.
You also agree that you will not:
violate any applicable contract, intellectual property law, any other applicable law or other third-party rights (including the Anichat rights) or commit a tort, and you are solely responsible for your conduct while using Anichat;
use any meta tags or other hidden text or metadata utilizing the Anichat`s trademark, logo URL, product or Anichat Services name without our express written consent.
make the Anichat Services or any Anichat Content available in any form, in whole or in part, to any other person without prior written consent from us;
make commercial use of the Anichat Services or any Anichat Content, except permitted by these Terms;
remove, hide, or change any copyright, patent, trademark or other proprietary rights notices affixed to the Anichat Services or any Anichat Content;
copy the Anichat Services or any Anichat Content, except as part of the normal use of the Anichat Services or where it is necessary (and permitted by law) for the purpose of back-up or operational security;
translate, merge, adapt, vary, alter, or modify, the whole or any part of the Anichat Service, nor permit the Anichat Services or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Anichat Services as permitted in these Terms; or
disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Anichat Services nor attempt to do any such things, nor otherwise attempt to derive the source code from or create derivative works based on the Anichat Service, or integrate the Anichat Services with other computer systems or programs, except to the extent that such actions cannot be prohibited by applicable law.
You may only share the User Content that is non-confidential and you have all necessary rights to disclose. You may not upload, edit, create, store or share any User Content that:
Is defamatory, offensive, bullying, hateful, deceptive, pornographic, harrassing, threatening, abusive, shocking material;
promotes sexually explicit material, violence, self-harm, discrimination or any illegal activity;
infringes any intellectual property rights (including copyright, database rights or trademarks) of any other person;
breaches any legal duty owed to a third party, such as a contractual duty or a duty to maintain confidentiality;
contains content that is false or misleading, such as attempting to defraud individuals or spread disinformation;
would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or otherwise create liability or violate any local, state, national or international law;
contains public and personal health information: the treatment, prevention, diagnosis, or transmission of diseases, or people experiencing health ailments;
contains any private or personal information of any person without such person’s consent;
contains political materials about politicians, ballot-boxes, protests, or other content that may be used to influence the political process or to campaign;
contains any spam, viruses, corrupted data or other harmful, disruptive or destructive files or content;
contains any advertising or promote any services or web links to other sites; and
in any way violates any applicable national, federal, state, local or international law or regulation.
Third party Services. Anichat Services may include third party software, products, or services, (“Third Party Services”) and some parts of Anichat Services, like our browse feature, may include content from those services (“Third Party Content”). Third Party Services and Third Party Content are subject to their own terms, and we are not responsible for them.
You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
Feedback
We welcome any feedback from you about the content, the Anichat Services or otherwise, including how they can be improved. All feedback you provide is considered to be User Content and as such, you agree to grant us a license to use your feedback as set out below (“Feedback”). Your Feedback is non-confidential and will become our sole property once submitted to us. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You also have the right to amend and supplement your Feedback to us, which we will take into account to provide accurate information to other users about Anichat`s user experience. If we decide to make your Feedback public, we will not use any of your personal data, unless you explicitly consent to it.
Indemnification
You agree to indemnify and hold harmless Anichat and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (“Company Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of Anichat Services; (ii) User Content or Feedback provided by you or through use of Anichat Services; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; (v) your acts or omissions or (vi) your conduct in connection with Anichat. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.
Disclaimer of Warranties
We do not control, endorse or take responsibility for any User Content (and its loss) or third-party content available on or linked to Anichat. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
You expressly agree that use of Anichat Services is at your sole risk. Our Anichat Services and Anichat Сontent (including software) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, Anichat and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies disclaim any and all warranties including any: (i) warranties that our Anichat Services will meet your requirements; (ii) warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of our Anichat Services or Anichat Сontent; (iii) warranties of title, non-infringement, merchantability, or fitness for a particular purpose; (iv) warranties for services or goods received through or advertised or accessed through our Anichat Services; (v) warranties concerning the accuracy or reliability of the results that may be obtained from the use of our Anichat Services; (vi) warranties that your use of our Anichat Services will be secure or uninterrupted; and (vii) warranties that errors in our Anichat Services or Anichat Сontent (including software) will be corrected.
Anichat uses external technologies. Due to this, we cannot fully control the results generated by the Anichat, and therefore these Anichat in no way represent our official policy or position on religion, ethnic group, club, organization, company, individual, or anyone or anything. We make reasonable efforts to moderate Anichat by configuring the AI setting, which, in any case, are only those that are accessible to us. We do not and cannot moderate the User Content. By agreeing to the Terms and/or using Anichat Services, you agree to the above disclaimer and waive any claims against us due to the generated Anichat. In case you find Anichat offensive or otherwise unacceptable, please let us know by reaching out to us at hello@animation.inc.
Limitation on Liability
Under no circumstances shall Anichat or its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or their related companies be liable for indirect, incidental, special, consequential, or exemplary damages (even if we have been advised of the possibility of such damages), arising out of, relating to, or in any way connected with our Anichat Services or these terms of use. Your sole remedy for dissatisfaction with our Anichat Services including, without limitation, Anichat Сontent is to stop using our Anichat Services. Such limitation shall also apply with respect to damages incurred by reason of goods received through or advertised in connection with our Anichat Services or any links placed in our Anichat Services, as well as by reason of any information or advice received through or advertised in connection with our Anichat Services or any links placed in our Anichat Services. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party using our Anichat Services.
Notwithstanding anything to the contrary contained herein, in no event shall the cumulative liability of Anichat and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies exceed the lesser of the total payments received from you by Anichat during the preceding twelve (12) month period or $100. Furthermore, you agree that any cause of action arising out of, relating to, or in any way connected with any of Anichat Services or these terms of use must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
Release
If you are a California resident you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Right to terminate
If you do not comply with our Terms or if we are investigating any suspected non-compliance or misconduct by you, we may take such action that we think is appropriate or necessary, including suspending or ending your access to the whole or any parts of the Anichat Services with immediate effect and permanently. If your non-compliance is curable, we will give you a reasonable opportunity to do so. You may contact us about your suspension or ending your access to Anichat Services at hello@animation.inc.
We retain the right to investigate any non-compliance with these Terms and any misconduct, we shall be entitled to take any action that we deem appropriate or necessary during or in response to such investigation.
You may stop using the Anichat Services at any time. You may close your account and terminate the use of Anichat Services at any time by following the on-screen instructions or by contacting us at hello@animation.inc
We may stop providing the Anichat Services (or parts of it) to you or add or create new limits to our Anichat Services (or parts of it) at any time.
If we suspend or terminate your rights to use the Anichat Services:
you must stop all activities authorised by these Terms, including your use of the Anichat Services (and any Anichat Content);
you must delete or remove the Anichat Services from all mobile devices in your possession and immediately destroy all copies of the Anichat Services which you have and confirm to us that you have done this; and
we shall be entitled to remotely remove access to the Anichat Services from your devices and cease providing you with access to the Anichat Services.
COPYRIGHT NOTICE
Anichat respects the intellectual property rights of others and requests that users of Anichat Services do the same. If you believe that your work is being used in connection with the Anichat Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Anichat to locate the material (for example, by providing a URL to the material); (d) your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
You may send a notification of claimed infringement at email hello@animation.inc.
In appropriate circumstances, we will terminate the accounts of Users who are repeat copyright infringers.
Dispute Resolution & Mandatory Arbitration
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms of Use. We will contact you based on the contact information you have provided us.
If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
BINDING ARBITRATION AGREEMENT AND CLASS WAIVER DISCLOSURE (APPLICABLE TO U.S. USERS ONLY)
Agreement to Arbitration; Class Waiver. If you are U.S. User you and we agree, except as provided below regarding small claims court proceedings, any dispute, claim, or controversy arising out of or relating in any way to, the Anichat Service, and the Anichat Content, including, but not limited to, our Privacy Policy and/or our privacy practices generally, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms.
Pre-Filing Mediation. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by overnight courier, a written Notice of Claim (“Notice”). If you are the claimant, the Notice to Us must be addressed to: Animation Inc., Address: 8 The Green, Suite 6330, Dover, DE 19901, USA with a copy by email to hello@animation.inc. If we are the claimant, the Notice must be sent to the address we have on file for you in your Account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.
Additional Arbitration Provisions
Settlement Offers: During the arbitration, the amount of any settlement offer made by you or Us shall not be disclosed to the arbitrator.
Initiating A Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org.
Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after we receive notice of the initiation of arbitration, We will promptly reimburse you for your payment of the filing fee at the address provided in the Notice, unless your claim is for greater than US$10,000.
Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA.
Location of Hearing: Unless you and We agree otherwise, any arbitration hearings will take place in Santa Clara County, California. If your claim is for US$10,000 or less, we agree you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
Class Waiver: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and We agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by any individual, then the entirety of the arbitration provision set forth herein shall be null and void.
Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim.
Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.
Opt-Out Provision. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE ANICHAT SERVICES BY WRITING TO hello@animation.inc OR TO THE ARBITRATION NOTICE ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT THE BINDING ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER, AS WELL AS WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL TERMS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN THE DECISION BY US TO PROVIDE THE ANICH SERVICE.
No Trial by Jury. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Miscellaneous
Assignment. We can assign, transfer, or subcontract any or all of our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights as set out in these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing in advance.
Third Party Rights. These Terms are between you and us and are not intended to give third parties any rights to enforce all or any part of these Terms.
Severability. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
International Use. You represent and warrant that you are in compliance with all laws, restrictions and regulations administered by the Office of Foreign Assets Control (“OFAC”) or any other foreign governmental entity imposing economic sanctions and trade embargoes (“Economic Sanctions Laws”) against designated countries (“Embargoed Countries”), entities and persons (collectively, “Embargoed Targets”). You represent and warrant that you are not an Embargoed Target or otherwise subject to any Economic Sanctions Law. You agree to comply with all Economic Sanctions Laws. Without limiting the generality of the foregoing, you agree not to (a) directly or indirectly export, re-export, transship or otherwise deliver any products, services, technology, or information of any portion thereof to an Embargoed Target or (b) broker or otherwise facilitate any transaction in violation of any Economic Sanctions Laws.
Applicable Law and Jurisdiction. **Applicable Law and Jurisdiction.**These Terms and your Use of Anichat will be governed by California law, without regard to conflict of law principles. For users in countries with mandatory local laws (like the EU), those local laws will apply.
Any non-arbitration disputes will be resolved in the state or federal courts of California, sitting in Santa Clara County.
No Waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your non-compliance with any of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Contact Us. If you have any questions or concerns regarding these Terms, you may contact us by email at hello@animation.inc.
