Terms of service

Terms Of Use

Last Updated: July 14, 2026

Effective Date: July 14, 2026

1. Introduction

This Terms of Use (hereinafter the "Agreement") is an agreement between you (hereinafter "you" or "user") and Ami Innovation Inc and its affiliates (collectively, “Everthine”, “Ami”, “we”, “us” and “our”) . The Agreement is applicable to all the users or browsers accessing Everthine’s websites or applications that reference or link to this Agreement.

Before creating an account on Everthine’s websites or applications or using Everthine’s Services, you should carefully read and fully understand all the terms and conditions of this Agreement, especially those regarding service fees, applicable laws, dispute resolution, the exemption of Everthine from liabilities or restrictions to its liabilities, and your rights and obligations. Those terms and conditions are highlighted in bold for your convenience.

By clicking "Agree" on the relevant web page/applications and/or creating and using an user account (hereinafter "Account"), you are regarded as having read, understood, and agreed to this Agreement and to be bound by its terms. If you do not agree to this Agreement, you have the right to exit and cease using Everthine’s Services.

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND EVERTHINE AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND EVERTHINE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1.1 OUR SERVICES

Everthine offers a personal chatbot service through a text and voice interface.

1.2 Medical disclaimer

Everthine is a provider of software and content designed to improve your mood and emotional wellbeing. However we are not a healthcare or medical device provider, nor should our Services be considered medical care, mental health services or other professional services. Only your physician or other healthcare providers can do that. While there is third party evidence from research that certain conversation techniques implemented in Everthine can assist in the recovery process for a wide array of conditions, Everthine makes no claims, representations or guarantees that the Services provide a therapeutic benefit.

1.3 Emergencies

Use of the Services is not for emergencies. If you think you have a medical or mental health emergency, call 911 or go to the nearest open clinic or emergency room.

If you are considering or committing suicide or feel that you are a danger to yourself or others, you must discontinue use of the Services immediately, call 911 or notify appropriate police or emergency medical personnel.

2. User account, Accuracy & Security

2.1 Creating an Account

When you access and use certain parts of Everthine’s websites or applications, including but not limited to Everthine.com,Everthine App and devices (collectively, "Everthine’s Services"), you may be asked to create a user account and to provide personally identifiable information.

After successfully creating your account, you may use it to log in to various Everthine’s websites or applications going forward.

2.2 Information Accuracy

For the information you provide, we will only process that information for the purposes of verification of your identity, and we will not process that information for unrelated purposes. You represent and warrant that all user information you provide in connection with your Account and your use of Everthine’s Services is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal profile. You agree that you will not submit any fake content (including without limitation any username, likeness, or profile) to willfully and credibly impersonate another person, whether actual or fictitious. If we believe in our sole discretion that the information you provide is not current, complete, or accurate, we reserve the right at any time to refuse or terminate you access to Everthine’s Services. For additional information, see our Privacy Policy.

2.3 Account Security

You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to Everthine’s Services. You agree to notify us immediately of any unauthorized use of your Account. We shall not be liable for any loss that you incur because of unauthorized use of your Account, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to unauthorized use of your Account.

3. MEMBERSHIP & SUBSCRIPTIONS

3.1 Becoming a member

You will be required to register (“create an account”) with Everthine and become an Everthine Member in order to access and use the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration forms. Registration data and certain other information about you are governed by our Privacy Policy.

3.2 Once a member

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Everthine of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Everthine will not be liable for any loss or damage arising from your failure to comply with this Section.

3.3 Your membership

As a Everthine Member, you will receive access to content, features, and functions of the Services that are not available to non-members.

By agreeing to become a Member you opt-in to receive occasional special offers, marketing, survey, and Services-based communication emails. You can easily unsubscribe from Everthine commercial emails by following the opt-out instruction in these emails. Everthine memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

3.4 Subscriptions

3.4.1 Choosing a subscription program

Once you become a Everthine Member, you can choose one of the subscription programs offered in Everthine:

"Free Use": a free-of-charge program, which gives limited access to the Services. The “Free Use” is aimed at users who cannot afford any of our subscription-fee based programs. We reserve the right to deny the free use to anyone at any time on our own discretion.
"Everthine Standard": a subscription-fee based program, which gives full access to the next Services: Text Chat, Touch Interaction, Voice and Voice Chat (10 per a day), 3D Characters (Basic and Standard), Outfit (Basic and Standard), Kiss Interaction (1 per a day), Personalized BGM (3 per a month).
"Everthine Platinum": a subscription-fee based program, which gives full access to the Platinum Services: Voice and Voice Chat, 3D Characters (Basic, Standard and Diamond), Outfit (Basic, Standard and Diamond), Kiss Interaction, Personalized BGM (5 per a month) and everything included in the Standard subscription program.

Members can additionally purchase individual Service add-ons.

The cost of the subscription program is available on the subscription screens in the application, as well as in the relevant store. Payment will be charged to your iTunes or Google Play account on confirmation of the purchase.

All prices are subject to change without prior notice at Everthine’s sole discretion.

Any subscription program in Everthine is subject to change without prior notice at Everthine’s sole discretion.

3.4.2 Maintaining a Paid Subscription

Any of our paid subscriptions shall be paid in monthly, quarterly, or annual installments and processed by the App marketplace partner through which you originally acquired the subscription.

You will only have access to a paid subscription while it is active and subsisting. Should you fail to pay your subscription within 7 days after a due date, you will automatically downgrade to “Free Use”.

The renewal subscription fees will continue to be billed to the Payment Method you provided through the marketplace, automatically until canceled. You must cancel your subscription before it renews each billing period in order to avoid billing of the next subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

You can modify or cancel your paid subscription only through the App marketplace where you originally acquired the subscription. To view, modify or cancel your subscription, you may be required to be authenticated under the same user ID by the marketplace partner.

3.4.3 Refunds

Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.

If you purchase a subscription through our website (via Stripe, PayPal, or other payment processor), the sale is final and we will not provide a refund, unless otherwise is stated herein or required by applicable law.

3.5 Cancellation of Services

3.5.1 Cancellation by you

You may cancel a Paid Subscription and downgrade to “Free Use” at any time without deleting your account. Cancellation is effective at the end of the applicable billing period.

Please note that if you purchase a Paid Subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify.

If you purchase a Paid Subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.

3.5.2. Cancellation by us

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.

4. SPARKS EARNED BY VIEWING IN-APP ADVERTISEMENTS

4.1 Eligibility and Sparks Accrual Terms

Users may accrue Sparks by fully viewing eligible advertisements displayed within the Application. To receive Sparks for each advertisement, Users shall view the advertisement in its entirety without skipping, closing, or exiting midway, maintain the Application running on the foreground of the device, and satisfy all minimum viewing duration requirements. The advertisement displayed for Sparks earning purposes cannot be closed or dismissed prior to the completion of the full required viewing period. The Sparks amount granted per advertisement, daily Sparks accrual caps and advertisement inventory availability may be modified by Us in Our sole absolute discretion without prior notice to Users. Sparks shall not constitute legal tender or possess any cash value, and may only be redeemed for designated rewards, membership upgrades and individual add-on functions as specified herein.

Participation in the advertisement-to-Sparks program is voluntary. Users may opt out of targeted advertising and cease earning Sparks via advertisements at any time. Such opt-out shall not restrict Users’ access to the basic functions of the Application nor impose any additional fees on Users’ accounts.

4.2 Data Disclosure and Financial Incentive Disclosure

By electing to view advertisements to accrue Sparks, Users acknowledge that We may collect device identifiers, advertisement interaction records, viewing behaviors and preference data for the purposes of serving targeted advertisements, issuing Sparks rewards and optimizing Our advertisement program. This program constitutes a financial incentive as defined under the California Consumer Privacy Act, as amended (CPRA). Users shall not be subject to discriminatory treatment for declining to participate in this incentive program.

4.3. Prohibited Conduct and Sparks Forfeiture

Users are prohibited from utilizing bots, automated scripts, click automation tools, multiple accounts, VPN spoofing, device tampering, account sharing or any other fraudulent means to artificially inflate Sparks balances. We reserve the absolute right to void all improperly obtained Sparks, suspend or terminate Users’ accounts, and reverse all redemptions completed with fraudulently acquired Sparks without any refund or compensation liability.

4.4. Sparks Redemption, Validity and Program Amendments

Sparks may only be redeemed for designated rewards, membership upgrades and individual add-on functions listed within the Application. All redemptions of Sparks are non-refundable, non-assignable and non-resalable. We reserve the right to adjust redemption thresholds, suspend the advertisement Sparks program or discontinue certain reward options upon reasonable notice posted within the Application.

4.5. Third-Party Advertiser Disclaimer

All in-Application advertisements are provided by independent third-party advertising networks. We assume no liability for the accuracy, quality, goods or services promoted in any advertisement. Clicking any advertisement will redirect Users to third-party websites governed by their respective privacy policies and terms of service, which shall prevail over this Agreement with respect to all interactions on such external platforms. Third-party advertisers may collect Users’ personal data independently in accordance with their own privacy practices.

4.6. Minor User Restrictions

This Application and all associated features, including the advertisement Sparks earning program, are unavailable to all individuals under the age of eighteen (18), notwithstanding any parental or guardian consent. We shall not create user accounts, serve advertisements, grant Sparks or provide any Platform services to any User under eighteen (18) years of age. If We identify that a minor has registered an account, We reserve the right to immediately terminate such account, clear all accumulated Sparks and delete all relevant personal information without prior notification.

4.7. Tax Liability

If the aggregate annual value of rewards redeemed by Users via Sparks reaches or exceeds six hundred United States Dollars ($600), We may issue a Form 1099 tax document to the applicable User. Users shall bear sole responsibility for all federal, state and local taxes applicable to rewards redeemed under this program. We shall not withhold any taxes on Users’ behalf.

4.8. Limitation of Liability on Sparks

We shall not be liable for delayed Sparks issuance, failed advertisement loading, system malfunctions or missing Sparks rewards resulting from device defects, network outages, third-party advertising service downtime, or Users’ failure to comply with advertisement viewing requirements. Our exclusive remedy for verified missing Sparks caused solely by Platform errors shall be the issuance of the missing Sparks. We shall not be liable for any indirect, incidental, consequential or anticipated lost profits arising out of the inability to accrue Sparks.

5. Privacy Policy & Cookies

By using Everthine’s Services, you represent and warrant that you have read and understood and agree to be bound by our Privacy Policy (the “Privacy Policy”).

As explained more fully in the Privacy Policy, Everthine’s websites uses Cookies to collect certain information from you. Before using Everthine’s websites, please carefully read and fully understand our Cookie Notice.

6. Eligibility

By accessing and/or using Everthine’s Services, you represent and warrant that you are at least eighteen (18) years of age, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using Everthine’s Services on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.

7. Purchases & Payments

If you purchase a Product through Everthine’s websites, you will be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Cards you submit through Everthine’s websites, and acknowledge and agree that we have the right to charge your Payment Card for the cost of the Products, and all taxes, and handling fees communicated to you at the time of your purchase.

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, we will send you an email confirming receipt of your order and containing the details of your order (the "Order Confirmation Email"). The Order Confirmation Email is acknowledgment that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send email confirmation to you that we've dispatched the product to you.

You also can choose one of the subscription programs offered in Everthine‘s apps or the relevant stores. The cost of the subscription program is available on the subscription screens in the application, as well as in the relevant store. Payment will be charged to your iTunes or Google Play account on confirmation of the purchase.

8. General practices regarding use and storage

You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that Everthine has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

9. Mobile service

Some of our Services are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.

In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Everthine and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

In the event you change or deactivate your mobile telephone number, you agree to promptly update your Everthine account information to ensure that your messages are not sent to the person that acquires your old number.

10. License to Use Service

Subject to your compliance with this Agreement, we grant you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access Everthine’s Services for your personal use.

This license does not include, and you must not:

· Republish material from Everthine’s Services (including republication on another service), sell, rent or sub-license material from Everthine’s Services

· Show any material from Everthine’s Services in public

· Reproduce, duplicate, copy or otherwise exploit material on Everthine’s Services for a commercial purpose

· Edit or otherwise modify any material on Everthine’s Services

· Redistribute material from Everthine’s Services except for content specifically and expressly made available for redistribution

Unless otherwise stated, we and/or our licensors own the intellectual property rights in Everthine’s Services and material on Everthine’s Services, and all rights not expressly granted in this Agreement are reserved by us.

11. Assumption of Risk; Release

You knowingly and freely assume all risk when using Everthine’s Services. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Everthine and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, assigns, parents, subsidiaries, and related entities, from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or third parties, that may result from your use of Everthine’s Services.

12. Prohibited Conduct

We impose certain restrictions on your use of Everthine’s Services. Any violation of this Section 12 may subject you to civil and/or criminal liability.

You shall not use Everthine’s Services in any way that causes, or may cause, damage to Everthine’s Services or impairment of the availability or accessibility of Everthine’s Services, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You shall not use Everthine’s Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You shall not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Everthine’s Services without our express written consent.

You shall not engage in any of the following conduct on Everthine’s Services, which is expressly prohibited: (a) providing false, misleading, or inaccurate information to us or any other person in connection with Everthine’s Services; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (d) attempting to probe, scan, or test the vulnerability of Everthine’s Services, or any associated system or network, or breaching security or authentication measures without proper authorization; (e) interfering or attempt to interfere with the use of Everthine’s Services by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (f) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, Everthine’s Services (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (g) creating additional Accounts to promote your (or another's) business, or causing others to do so; or (h) paying anyone for interactions on Everthine’s Services; or (j) poses or creates a privacy or security risk to any person, including by instructing, training, or configuring the AI to generate content depicting, describing, or simulating any identifiable real person without their consent.

You shall not use Everthine’s Services to transmit or send unsolicited commercial communications.

You shall not use Everthine’s Services for any purposes related to marketing without our express written consent.

13. Use of Everthine by minors

If you are under 18, you are not authorized to use the Services, with or without registering.

14. Reviews, Comments, Communications, and Other Content

In the Agreement, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you post on our platform or any other public forum and platforms for the purposes of reviewing, commenting, or providing feedback on our products/services.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license and sublicensable right to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media in connection with the services and Everthine's business, including but not limited to the purpose of promoting and redistributing part or all of the services. This license does not grant any rights or permissions to make use of your content independent of the service. You also grant to us the right to bring an action for infringement of these rights against third parties without your express permission.

Your warrant that the user content is not illegal or unlawful, does not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to Everthine’s Services that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

We reserve the right at all times and at our sole discretion to edit or remove any material submitted to Everthine’s Services, or stored on our servers, or hosted or published upon Everthine’s Services.

Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, Everthine’s Services, and we are not responsible for any user content.

15. No Warranties; Limitation of Liability

15.1 No Warranties

We, on behalf of ourselves and our licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding Everthine’s Services, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither we nor our licensors or suppliers warrant that Everthine’s Services will meet your requirements, or that the operation of Everthine’s Services will be uninterrupted or error-free. We disclaim all implied liability for damages arising out of the furnishing of Everthine’s Services pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to furnish Everthine’s Services, whether caused by acts of commission or omission, or any other damage occurring. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of us, Everthine Companies, or our users, or their agents or representatives.

15.2 Your Responsibility for Loss or Damage; Backup of Data.

You agree that your use of Everthine’s Services is at your sole risk. You will not hold us or our licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of Everthine’s Services, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. Everthine’s Services may contain bugs, errors, problems, or other limitations.

15.3 Limitation of Liability

In no event shall we or our licensors or suppliers be liable to you for any claims arising from your use with Everthine’s Services, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to us or our licensors and suppliers arising out of or in connection with your use of Everthine’s Services. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between you and us. Everthine’s Services would not be provided without such limitations.

15.4 Application of Disclaimers

The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and us or between you and any of our licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Our licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through Everthine’s Services or otherwise shall alter any of the disclaimers or limitations stated in this section.

15.5 No Advice

Nothing on Everthine’s Services constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

16. Consent to Receive Electronic Communications from Us

By creating an account and providing your email address to us, you expressly consent to receive electronic and other communications from us, over the short term and periodically, including email communications. These communications will be about your purchases, your customer service inquiries, etc.

In addition, we may send or display information to you regarding Everthine's Services, upcoming promotions and other information that may be of interest to you, by using your email address that you have provided to us, or any other appropriate means, subject always to obtaining your prior opt-in consent to the extent required under applicable law.

You may unsubscribe from our promotional email list at any time by simply clicking on the unsubscribe link included in every promotional electronic communication we send. After you unsubscribe, we will not send you further promotional emails, but in some circumstances we will continue to contact you to the extent necessary for the purposes of any Sites, Applications, products, or services you have requested.

You may unsubscribe from our promotional text list at any time by replying T via text message. After you unsubscribe, we will not send you further text message, but in some circumstances we will continue to contact you to the extent necessary for the purposes of any Sites, Applications, products, or services you have requested.

17. Intellectual Property

You represent and warrant that, when using Everthine’s Services, you will obey all applicable laws and respect the intellectual property rights of others. Your use of Everthine’s Services is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

17.1 Trademarks

and the related logos (collectively, the "Marks") are trademarks or registered trademarks of Everthine Companies, and used by us with permission. Other trademarks, Service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with Everthine’s Services may be the trademarks of third parties. Neither your use of Everthine’s Services nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Marks or any third-party trademarks, Service marks, graphics, logos, or domain names. You agree that any goodwill in the Marks generated as a result of your use of Everthine’s Services will inure to the benefit of Everthine Companies, and you agree to assign, and do assign, all such goodwill to Everthine Companies. You shall not at any time, nor shall you assist others to, challenge Everthine Companies’ right, title, or interest in, or the validity of, the Marks.

17.2 Copyrights

17.2.1 All content and other materials available through Everthine’s Services, including without limitation logos, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Everthine Companies or are the property of our licensors and suppliers. Except as explicitly provided, neither your use of Everthine’s Services nor this Agreement grant you any right, title, or interest in any such materials.

17.2.2 Reporting Claims of copyright infringement

If you believe that one of our users is, through the use of our App or Services, unlawfully infringing on your copyright by submitting unauthorized material, and wish to have the allegedly infringing or unauthorized material removed, you may request removal of those materials by:

(a) submitting written notification to our designated Agent (designated below) at the address listed below; or

(b) submitting the written notification to designated Agent via E-mail. When you send the E-mail, it should include all of the required information described below.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

· your physical or electronic signature;

· identification of the copyrighted work(s) that you claim to have been infringed, or if the claim involves multiple works on the App or Services, a representative list of such works;

· identification of the material on our App or Services that you claim is infringing on your copyright and that you request us to remove;

· sufficient information to permit us to locate such material (e.g., URL to Thing or Thing ID number);

· adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address);

· a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright or other rights owner, its agent, or the law;

· a statement that the information in the notification is accurate; and

· a statement, under penalty of perjury, that you are either the owner of the copyright or other right that has allegedly been infringed or violated or that you are authorized to act on behalf of the copyright or other rights owner.

Our designated copyright agent to receive DMCA Notices is:

Ami Innovation Inc

30 N Gould St #64091 Sheridan, WY, 82801

Email: cs@everthine.ai

Please note that your Counter Notice, including your contact information, may be shared with the party that filed the DMCA Notice against you.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the App or Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

17.2.3 Uploading Content

Users may upload and post content to Everthine’s Services. This content may be in the form of uploading artificial intelligence files and posting other content (such as links, profile information and comments). You represent and warrant that any material uploaded or posted is your original creation, or you have the necessary rights, licences and permissions to submit such content and can lawfully grant us the rights required in such content. You further represent and warrant that you shall not upload content that breaches third party rights, or is otherwise illegal for you to possess where you are located or would be unlawful if displayed or offered for download on the website. We reserves the right to refuse or cancel user registrations or otherwise restrict access to the website in its absolute discretion.

Users may upload and post links to Everthine’s Services. Linked websites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site. We provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by us of the site.

It is further understood and agreed that we cannot and does not guarantee or warrant that files made available for downloading through the Everthine’s Services will be free of infection or viruses, worms, Trojan horses or other code that manifests contEverthinenating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through Everthine’s Services are free from such contEverthinenations.

18. Reasonableness

By using Everthine’s Services, you agree that the exclusions and limitations of liability set out in the Agreement are reasonable.

If you do not think they are reasonable, you must not use Everthine’s Services.

19. Other Parties

Everthine’s Services may be linked with services of third parties (“Third Party Services”), some of whom may have established relationships with us and some of whom may not. We do not have control over the content and performance of Third Party Services. We have not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Services. Accordingly, we do not represent, warrant, or endorse any Third Party Services, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Services. We disclaim, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Services.

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees, or any Everthine Companies, in respect of any losses you suffer in connection with Everthine’s Services.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Agreement will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as us and Everthine Companies.

20. Indemnity

Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless us and Everthine Companies (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to us, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of Everthine’s Services or Products; (iv) your provision to us or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (vi) your violations of Section 8 regarding prohibited uses of Everthine’s Services and other prohibited conduct; or (vii) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Everthine Companies.

21. Termination

21.1 Termination

Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny the use of Everthine’s Services to any person for any reason or no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by us.

21.2 Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use Everthine’s Services. Upon termination, we may, but has no obligation to, in our sole discretion, rescind any Services and/or delete from our systems all your Personal Information and any other files or information that you made available to us or that otherwise relate to your use of Everthine’s Services. Upon termination, you shall cease any use of Everthine’s Services.

21.3 Survival

Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1-4 and 7–19.

22. Dispute Resolution

22.1 This Agreement and your relationship with us are governed by the applicable law in your region, without reference to conflict of laws.

22.2 Any dispute, controversy, or claim arising out of or relating to this Agreement, or the interpretation, breach, termination or validity hereof, shall first be subject to resolution through consultation between the parties to such dispute, controversy or claim. Such consultation shall begin within seven (7) days after one party has delivered to one or more parties a written request for such consultation. If within thirty (30) days following the commencement of such consultation the dispute cannot be resolved, the dispute shall be submitted to arbitration by the Singapore International Arbitration Centre (SIAC) under the SIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the applicable law of this agreement. The seat of arbitration shall be in Singapore. The arbitration proceedings shall be conducted in either Chinese or English, subject to the selection of the arbitrator.

23. Notices

All notices required or permitted to be given under this Agreement must be in writing. We shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to us. You agree that any notice received from us electronically satisfies any legal requirement that such notice is in writing. You bear the sole responsibility of ensuring that your email address on file with us is accurate and current, and notice to you shall be deemed effective upon the sending by us of an email to that address. You shall give any notice to us by submitting said notice to us at cs@everthine.ai.

24. Miscellaneous

24.1 Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under the Agreement without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Agreement.

24.2 Severability

If a provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

24.3 No Waiver

A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

24.4. Independent Contractors

You and we are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

24.5 No Third-Party Beneficiaries

There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and our licensors and suppliers (to the extent expressly stated in this Agreement).

24.6 Entire Agreement

This Terms of Use, together with our privacy policies, constitute the entire agreement between you and us in relation to your use of Everthine’s Services, and supersede all previous agreements in respect of your use of Everthine’s Services.

24.7 Changes to the Agreement

If we decide to change the Agreement, we will update the modification date at the beginning of the Agreement. If the change is material, we will provide you with notice pursuant to Section 18.

24.8 Contact Us

If you have any questions about our Terms of Use, please contact us at cs@everthine.ai.

Terms of service

Terms Of Use

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