Last updated: 24th of April, 2024
Welcome to Kyx Ai! These terms and conditions outline the rules and regulations for the use of Kyx Ai's Discord bot and its website (https://kyxai.app). The terms of service ("Terms" or "Terms of Service") are a binding contract between you and Joe Kyx (Joe Hoffmann) (referred to as "Kyx Ai", "us", "we", or "our"). By accessing or using the Kyx Ai Discord bot or website, you agree:
If you do not agree with these Terms, you must not use the Kyx Ai Discord bot or website.
Kyx Ai provides users with the ability to generate text, audio, images, videos, and other forms of content via a Discord bot. The bot is designed to store user information to personalize interactions by remembering and referencing user characteristics in future communications. This service aims to enhance user experience by delivering tailored content and interactions. The Services may only be used within the scope of what they are provided for, and in accordance with these Terms. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Additionally you agree that you shall not use the Services in a manner that:
We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason at our sole and absolute discretion.
The basic features of Kyx Ai are free of charge. You receive a certain amount of free "Tokens" per month. These tokens can be used to access features of the Bot. To access certain features of the Bot, you may be required to purchase a subscription. The subscription is billed on a monthly basis and is non-refundable. The subscription will automatically renew unless you cancel it. You can cancel your subscription at any time through: https://kyxai.app/pages/premium or by contacting us at joe64gg@gmail.com.
Prices, descriptions, and availability of products are subject to change without notice. The characteristics of the products will be shown on the product page. We do our best to display the most accurate information. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions.
Stated prices on the Services may not include sales and use taxes. However, users are informed during the purchasing process and before order submission, about any fees, taxes and costs that they will be charged. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase.
We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account"). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe's Terms of Service at https://stripe.com/checkout/legal and their Privacy Policy at https://stripe.com/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor.
WE DO NOT GUARANTEE ANY REFUNDS OR CREDITS FOR FEES ALREADY PAID FOR THE PAID SERVICES, INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF YOUR TERMINATION OR CANCELLATION OF THE PAID SERVICES. WE MAY REFUSE A REFUND FOR ANY OR NO REASON WHATSOEVER, AT OUR SOLE DISCRETION. WE RESERVE THE RIGHT TO MODIFY OUR REFUND POLICY AT ANY TIME.
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KYX AI OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KYX AI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to indemnify and hold Kyx Ai, its affiliates, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another.
Kyx Ai may need to interrupt your access to the Services to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Services may be affected by unanticipated or unscheduled downtime, for any reason, but that the Services will not be interrupted for longer than is necessary to perform maintenance or emergency services.
We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will post the revised Terms on the Services and update the "Last Updated" date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Services will constitute acceptance of the revised Terms.
If you have any questions about these Terms, please contact us at support@kyxai.app