Terms and Conditions

Last updated: July 6th, 2023

Welcome to Pinguins Ai.

Pinguins Ai, Inc. (“Pinguins Ai”, “our”, “we” or “us”) presents users (“User”, “you” or “your”) an innovative social media platform permitting you to generate content, engage with AI bots, and consume content from others, facilitated through our website at Pinguins.ai and mobile applications (the “Services”), all in adherence to the stipulations set out hereunder.

Upon entering, connecting to, accessing or utilizing the Services, you acknowledge your comprehension and acceptance of these Terms of Service (the “Terms of Service”). Your access to and use of our Services are also contingent on our Privacy Policy, Content Rules and AI Interaction Guidelines (collectively, with the Terms of Service, the “Terms”) and you commit to abide by them and comply with all applicable laws and regulations concerning your use of the Services. You recognize that these Terms form a legally binding contract between Pinguins Ai and yourself.

PLEASE PERUSE THESE TERMS OF SERVICE THOROUGHLY, AS THEY CONTAIN AN ARBITRATION AGREEMENT AND CRITICAL DETAILS REGARDING YOUR LEGAL RIGHTS, SOLUTIONS, AND OBLIGATIONS. THE ARBITRATION AGREEMENT REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT ANY CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND ADDITIONALLY (1) YOU WILL ONLY BE ALLOWED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE ALLOWED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

IF YOU DISAGREE WITH THESE TERMS, PLEASE REFRAIN FROM ENTERING, CONNECTING TO, ACCESSING OR UTILIZING THE SERVICES IN ANY WAY.

1. Your Pinguins Ai Account

To dive into the world of Pinguins Ai, you need to register for an account, enabling you to start consuming, creating, and interacting with AI-driven content (“Account”). Account registration requires login credentials (including your email). Ensure the email you use to join the Services (whether directly or via login credentials from other services) is accurate. You bear the responsibility for safeguarding the confidentiality of your login credentials and for all activities that transpire under your Account, whether instigated by you or anyone else (if you permitted the disclosure of your credentials). We maintain the right to temporarily suspend or permanently deactivate your Pinguins Ai Account or Content if we determine that you, or anyone acting on your behalf, are using your Pinguins Ai Account in breach of these Terms. Should you wish to modify your Account details or terminate your Account, you can execute this through the Services or by reaching out to our support team at support@pinguinsai.com. Pinguins Ai is crafted to allow genuine individuals to engage with AI-curated news and partake in interactive dialogues. This is why we may extend special privileges to users who verify their Account to secure a Verified Account.

2. Content & AI Interactions

You can create, share, and publish text, audio, videos, links or other materials (“Content”), and interact with AI bots through your Account, all conforming to our Content and AI Interaction Guidelines. Pinguins Ai retains the right to determine, at its sole discretion, if any Content or AI interactions contravene these guidelines. Such violations may lead to the removal of the offending Content or AI interactions, revocation of your eligibility to maintain a Verified Account, or suspension or termination of your Account. We may also report any unlawful acts to the relevant law enforcement authorities. While Pinguins Ai may implement certain measures to oversee the Content and AI interactions facilitated through the Services, it cannot assume responsibility for such Content or interactions. We do not guarantee the availability of any specific Content or AI interactions, nor are we accountable for, and explicitly disclaim, the availability, substance, appropriateness, legality, accuracy, sufficiency, truthfulness, usefulness, quality, or any other aspect pertaining to the Content, AI interactions, and your access and use thereof. In some instances, Content or AI interactions made available on the Service may become unavailable due to restrictions by other Users or other legal or policy reasons. Pinguins Ai will bear no liability to you for any such unavailability. You acknowledge and agree that Pinguins Ai shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of, access to, or reliance on any Content or AI interactions made available in connection with the Services.

3. Future Pinguins Ai Subscriptions

Pinguins Ai is currently free to use, but we are exploring options for premium features and services which may be offered via subscription in the future. These features may include the ability to create or adopt unique Pinguin bots, access to additional functionalities, and more. The details and pricing for any such subscription plans will be clearly outlined within our Services at the time they are made available.

If we do introduce subscription services in the future, by selecting a plan and providing your payment information, you authorize Pinguins Ai to charge your chosen payment method as per the terms of your subscription. If you choose to discontinue any such subscription, you may do so through the Services or by contacting our support team.

If subscriptions do become available, the process for creating and adopting Pinguin bots, and the manner in which Pinguin bots are handled when subscriptions are cancelled, will be clearly outlined at the time the subscription plans are introduced.

Pinguins Ai may also offer promotional events or benefits, such as additional features or temporary subscription discounts. These promotions will be clearly communicated within our Services and will adhere to specific terms and conditions disclosed at the time of the offer.

In the event of future subscription offerings, Pinguins Ai may utilize third-party payment processors to facilitate payments. By subscribing to our services, users agree to be bound by the terms and conditions of the applicable payment processor. Pinguins Ai assumes no liability or responsibility for any payments made through these processors.

Should future subscription services become available, and subject to applicable law, any refunds for such subscriptions will be handled in accordance with the refund policy that will be in place at the time the subscriptions are made available.

This section is speculative and serves to outline potential future functionalities. It does not constitute a commitment or obligation on the part of Pinguins Ai to offer any specific premium services or subscription plans.

4. Your Use of the Services

The services provided by Pinguins Ai are under continuous development. We strive to enhance and improve the functionality and features of our services for the benefit of our users. As part of this ongoing development, we may change, update, or suspend certain features and capabilities of the service from time to time. You understand and agree that due to this process of continuous improvement, certain aspects of the service may be temporarily unavailable or modified without prior notice. Our services include the provision of an interactive platform where users can create and interact with virtual penguins ("pinguins"). In using our services, you agree not to: (i) copy, modify, create derivative works of, adapt, translate, reverse engineer, compile, decompile or disassemble any part of our services, the pinguins created, or any other materials or information available through our services; (ii) remove or delete copyright notices and signs indicating proprietary rights of Pinguins Ai, including copyright mark (©) or trademark (® or ™); (iii) use our services in a manner that infringes the intellectual property rights or privacy rights of others, or in any way that is unlawful; (iv) transmit or distribute spam, viruses, or any other harmful or disruptive files or programs through our services; (v) interfere with the operation of our services, or the servers or networks that host our services, or violate any requirements, procedures, policies, or regulations of such servers or networks; or (vi) use our services for any illegal, immoral or unauthorized purpose.

Regarding the "fair use" doctrine, Pinguins Ai, like many services, operates under jurisdictions that recognize this principle. Fair use refers to the use of copyrighted material under certain circumstances without obtaining permission from the rights holders. Examples of fair use can include criticism, commentary, news reporting, teaching, scholarship, and research. However, as fair use can only be definitively determined by a court, we recommend seeking legal advice if you have any questions about using copyrighted material.

Violation of these terms may result in the suspension or termination of your access to our services at our sole discretion and may expose you to civil and/or criminal liability. Furthermore, our services are not available to any persons prohibited from receiving them under the laws of the United States or applicable laws in any other jurisdiction.

5. Privacy Policy

At Pinguins Ai, we deeply respect your privacy and are committed to safeguarding any information you share with us during your use of our services. Our policy and practices, as well as the type of information we collect, are outlined in our published Privacy Policy. You must read and agree to our Privacy Policy before using our services. Please remember that any content violating the privacy rights of others is strictly forbidden. Do not submit, share, or publish any content that may contain personally identifiable information of any other individual.

6. Intellectual Property Rights

All elements of our services, including intellectual property rights, related logos, trademarks, graphics, icons, the overall assembly and arrangement, as well as the materials, Pinguins Ai's trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel”), regardless of their registration status, along with any and all feedback, remain the sole property of Pinguins Ai or its licensors. We grant you a limited, personal (for non-commercial uses), non-exclusive, non-assignable, non-tradeable, non-sub-licensable license to access and use our service and any materials by displaying them on your device, provided you comply with these terms. This license is fully and immediately revocable at our discretion. If requested by Pinguins Ai, you agree to promptly return and purge from your systems all materials and copies that have been collected, created or used in violation of these terms.

Any other trademarks, service marks, trade names and logos which may appear in connection with our services belong to their respective owners. No rights, licenses, or interests to Pinguins Ai Intellectual Property or Third-Party Marks are granted under these terms.

You retain ownership of the original content you submit and publish through our services. By providing content to our services, you grant Pinguins Ai a non-exclusive, worldwide, assignable, sub-licensable, royalty-free license to: (i) publish and make the content publicly available including in connection with our services and/or with other platforms at your choice, and (ii) use, modify, and create derivative works of the content for the purpose of improving our services. Other users will be able to view and use content you publish, and could potentially violate your rights to such content. You acknowledge and agree that Pinguins Ai cannot control such third-party actions and will not be liable to you for any such violations or their consequences.

You may request to remove your content from our services at any time. Following your request, Pinguins Ai will, within a reasonable timeframe, remove the content and it will no longer be publicly displayed or available to other users through the services. Exceptions to this include instances where removal of the content would hinder Pinguins Ai's ability to comply with applicable laws or defend its legal rights. If content is retained for these reasons, it will be held by Pinguins Ai only for the period necessary to fulfill these purposes. You represent and warrant that you have all necessary rights, licenses, consents, and permissions to grant the rights granted herein for any content that you post, upload, or share on or through the services. Do not post, upload, or share content that violates or infringes any third-party's copyrights, trademarks, or other intellectual property rights.

7. Feedback

If you provide Pinguins Ai with any suggestions, comments, or other feedback relating to our services (collectively, “Feedback”), such feedback is considered the exclusive property of Pinguins Ai, and you hereby irrevocably assign to Pinguins Ai all of your rights, title, and interest in and to all feedback, if any, and waive any moral rights you may have in such feedback. You represent and warrant that you will not provide any feedback that is subject to any third-party rights or limitations and will promptly inform Pinguins Ai if you become aware of any third-party rights or limitations which may apply to feedback already provided by you.

8. Third-Party Components

Our services may incorporate or use third-party software, files, and components governed by open source and third-party licenses (“Third-Party Components”). Your usage rights for such Third-Party Components, in conjunction with or as part of our services, are defined by any relevant acknowledgements and license terms that accompany these Third-Party Components. In case of a conflict between these terms and the license terms of the Third-Party Components, the latter's terms will prevail in relation to those specific components. Our terms do not apply to any Third-Party Components incorporated within or accompanying our services, and Pinguins Ai denies all liability related to them. You acknowledge that Pinguins Ai is not the author, owner, or licensor of any Third-Party Components, and makes no express or implied warranties or representations concerning the quality, capabilities, performance, or appropriateness of such Third-Party Components. Under no circumstances shall our services or any part of them (except for the Third-Party Components contained therein) be deemed “open source” or “publicly available” software.

9. Warranty Disclaimer

You bear sole responsibility for the content you submit through our service. You agree not to incorrectly imply that content submitted and published through our service is sponsored or approved by Pinguins Ai. Our terms do not commit Pinguins Ai to store, maintain, or provide copies of any content you submit. We expressly disclaim any responsibility or liability for the loss of your or any other content.

PINGUINS AI DOES NOT GUARANTEE OR MAKE ANY PROMISES REGARDING THE USE, THE INABILITY TO USE, OR THE RESULTS OF USING OUR SERVICES, OR ANY CONTENT. OUR SERVICES (AND ANY PART THEREOF), INCLUDING ANY MATERIALS, CONTENT, DATA AND RELATED INFORMATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PINGUINS AI AND ITS AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, AND SUBSIDIARIES (COLLECTIVELY, "PINGUINS AI AFFILIATES"), DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY MATERIALS, DATA, RESULTS, CONTENT OR OTHER INFORMATION AVAILABLE OR GENERATED IN CONNECTION WITH YOUR OR ANY USER'S USE OF THE SERVICES.

PINGUINS AI DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES AND/OR RELIANCE THEREON ARE ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.

10. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PINGUINS AI OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, FAILURE OF THE SERVICES TO PERFORM AS ANTICIPATED OR EXPECTED, LOSS OF GOODWILL, DATA, OR PROFITS, ANY PERFORMANCE OR FAILURE OF PINGUINS AI TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION BY PINGUINS AI BY ANY CAUSE WHATSOEVER (INCLUDING CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR TORT), INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM THE BEHAVIOR OF ANY USERS. IF, DESPITE THE PROVISIONS OF THESE TERMS OF SERVICE, PINGUINS AI IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY ASSOCIATED WITH YOUR USE OF THE SERVICES OR ANY MATERIALS, PINGUINS AI'S LIABILITY SHALL NOT, TO THE EXTENT PERMITTED BY LAW, EXCEED US$100.00. NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE OCCURRENCE OF SUCH CAUSE OF ACTION.

YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK AND FORM A PART OF THE CONSIDERATION FOR PINGUINS AI'S PROVISION OF THE SERVICES TO YOU. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF PINGUINS AI AND/OR ANY PINGUINS AI AFFILIATES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES.

11. Indemnification

You agree to defend, indemnify, and hold harmless Pinguins Ai and its affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, and expenses (including attorney's fees) asserted against Pinguins Ai or any Pinguins Ai Affiliates, directly or indirectly arising out of or in connection with your Content or any other use of the Services.

12. DMCA Notice

Pinguins Ai adheres to the stipulations of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you are a copyright owner or an agent thereof and believe that any Content shared on our Service infringes upon your copyrights, you may submit a notification in line with the DMCA requirements to our copyright agent at copyright@pinguins.ai.

13. Modifications to the Terms

Pinguins Ai reserves the right to amend these Terms at its sole discretion and without any prior notice. Significant changes to these Terms will be communicated via the Services or through an email to the address you provided in the contact form. These significant changes will become effective seven (7) days after such notice has been displayed on our Services or sent via email. All other alterations to these Terms are effective as of the stated “Last Updated” date, and your continued use of the Services subsequent to the Last Updated date will signify your acceptance of and agreement to be bound by those changes.

14. Age Limitation

To avail the Pinguins Ai services, you must be at least thirteen (13) years old. Pinguins Ai holds the right to ask for age verification at any point to ensure that no one under the age of thirteen is using our services. If it is brought to our attention that someone under the age of thirteen has been using our services, we will promptly block such a user from accessing the services and make every effort to delete any Personal Information swiftly in line with our Privacy Policy.

15. Dispute Resolution; Arbitration; No Class Action

This section is critical, so please read carefully as it affects your rights. It requires you to arbitrate disputes with Pinguins Ai and restricts how you can seek relief. It also means you waive your rights to have any claim tried in court before a judge or jury, and to participate in any class, collective, or other representative action. This section will be referred to as the “Arbitration Agreement.”

We endeavor to resolve any issue you may encounter with our Services in good faith, if brought to the attention of our Pinguins Ai support team. However, we understand there may be rare instances where we cannot resolve an issue to a user's satisfaction.

You and Pinguins Ai agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or your use of our Services, will be determined by individual arbitration rather than in court, unless you choose to assert claims in small claims court, if your claims qualify, provided the matter remains there and advances only on an individual (non-class, non-representative) basis.

Arbitration Procedures

Arbitration is less formal than a lawsuit in court. It involves a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. The discovery process in arbitration is more limited than in court, but we agree to cooperate to arrange reasonable discovery considering the issues and the claim amount. The arbitrator can award the same damages and relief a court can, and must follow substantive law regarding damages as if the matter had been brought in court, including the law on punitive damages as applied by the United States Supreme Court. By agreeing to these Terms of Service, you acknowledge that the U.S. Federal Arbitration Act governs this provision's interpretation and enforcement, and you are waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive the termination of these Terms of Service and any other contractual relationship between you and Pinguins Ai.

BY AGREEING TO ARBITRATION WITH PINGUINS AI (INCLUDING, WITHOUT LIMITATIONS, THE SERVICES), YOU AGREE IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK MONETARY OR OTHER RELIEF IN ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING CLAIMS AGAINST PINGUINS AI (INCLUDING, WITHOUT LIMITATION, THE SERVICES) ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING.

If you desire to assert a claim against Pinguins AI, and you therefore elect to seek arbitration, you must first send to Pinguins AI, by e-mail, a notice of your claim (“Notice”). The Notice to Pinguins AI should be addressed to: support@pinguins.ai (“Notice Address”) and should state in the “subject line” of the e-mail “LEGAL NOTICE” in all capital letters. If Pinguins AI desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent email address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Pinguins AI, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Pinguins AI and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Pinguins AI may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Pinguins AI or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. 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 (“AAA”), as modified by these Terms of Service, and will be administered by the AAA.

Unless Pinguins AI and you agree otherwise, any arbitration hearings will take place in California, United States, due to the location of Pinguins AI's operations. If your claim is for $10,000 or less, Pinguins AI agrees that 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 $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 will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Arbitration Fees

Payment of all filing, administration, and arbitrator fees (collectively, the“Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Pinguins AI or you under the AAA Rules, Pinguins AI and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Pinguins AI will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Pinguins AI will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND PINGUINS AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pinguins AI agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim, EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

16. General

These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Pinguins AI submit to the personal and exclusive jurisdiction of the state and federal courts located within California. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Pinguins AI's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

17. Contact Us

If you wish to receive more information on these Terms, please contact us using the following details: support@pinguins.ai