Terms of Service for Yaki Chat Mobile App
Last Updated: May 16, 2023
Please read these Terms of Service ("Terms") carefully before using the Yaki Chat Mobile App ("the App") operated by Yaki Chat ("us", "we", "our"). Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users of the App and apply in addition to Apple's App Store Terms of Service which can be found here: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
By downloading or using the App, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you should not access or use the App.
The App is only available on the Apple App Store. You must have a compatible device and a valid Apple ID to download and use the App. You are responsible for ensuring that your device is compatible with the App and meets the necessary system requirements.
The App offers two purchasing models:
One-Time Purchase: This option allows you to use the App as it is, with your own API key.
Purchase of Tokens: With this option, your communications will not go directly to OpenAI's servers but through Yaki Chat's infrastructure as a middleman.
By selecting one of the purchasing models, you agree to pay the applicable fees and any applicable taxes. Your purchase will be processed through the Apple App Store, and you will be billed according to the payment method associated with your Apple ID.
If you opt to purchase and use tokens within the App for messaging, please note that the token usage displayed within the App is only an estimate. Exact token usage calculation is determined by OpenAI's guidelines, which are detailed at: https://help.openai.com/en/articles/4936856-what-are-tokens-and-how-to-count-them. We strongly recommend reviewing OpenAI's token calculation guidelines to understand how token usage is calculated.
"As Is" Provision
The App is provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
In no event shall Yaki Chat, nor its directors, employees, partners, agents, suppliers, or affiliates, 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 App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from the App; 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 we have 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.
These Terms shall be governed and construed in accordance with the laws of Austria, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the App will immediately cease. If you wish to terminate your account, you may simply discontinue using the App.
You agree to defend, indemnify, and hold harmless Yaki Chat and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the App, or b) a breach of these Terms.
Changes to the Terms of Service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you of any changes by posting the new Terms on this page. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page. By continuing to access or use the App after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the App.
If you have any questions or concerns about these Terms, please contact us at:
Yaki Chat Email: [email protected]
By using the Yaki Chat Mobile App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.