Terms of Use

Updated: August 19, 2024

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and RaccoonAI ("we," "us," or "our") governing your access to and use of Raccoon Chat, our mobile application. By accessing or using Raccoon Chat, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use Raccoon Chat.

2. Changes to Terms

We may modify these Terms at any time in our sole discretion. If we do so, we will let you know either by posting the modified Terms on Raccoon Chat or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use Raccoon Chat after we have posted modified Terms on the app, you are indicating that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not continue to use Raccoon Chat.

3. Access to Raccoon Chat

3.1 Eligibility

You must be at least 13 years old to use Raccoon Chat. By using the app, you represent that you are at least 13 years old and that you are legally capable of entering into a binding contract.

3.2 Creating an Account

To access and use certain features of Raccoon Chat, you may need to create an account. You agree to provide accurate, complete, and current information when creating your account and to update such information to keep it accurate, complete, and current. You are responsible for maintaining the confidentiality of your account credentials and for any activities or actions that occur under your account.

4. Use of Raccoon Chat

4.1 License

Subject to your compliance with these Terms, Raccoon AI grants you a limited, non-exclusive, non-transferable, revocable license to download and install a copy of Raccoon Chat on your mobile device and to access and use the app solely for your own personal, non-commercial use.

4.2 Restrictions

You agree not to:

  • Copy, modify, or create derivative works based on Raccoon Chat;
  • Reverse engineer, decompile, or disassemble the app;
  • Use the app in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the app, or that could damage, disable, overburden, or impair the functioning of the app in any manner;
  • Use the app for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

5. Paid Services

5.1 Subscriptions

Raccoon Chat may offer certain features or services for a fee ("Paid Services"). By signing up for and using any Paid Services, you agree to pay the applicable fees and taxes. If you sign up for a subscription, you will be charged the subscription fee at the start of the subscription term, and your subscription will automatically renew at the end of each term unless you cancel it in accordance with the terms provided.

5.2 Free Trials

We may offer free trials of Paid Services for a specified period. If we offer you a free trial, the specific terms of the free trial will be provided in the marketing materials describing the particular trial or at the time you sign up. Unless you cancel before the end of the free trial, you will be charged for the Paid Service at the end of the free trial period.

5.3 Billing and Payment

You authorize Raccoon AI (or its third-party payment processor) to charge your payment method for any Paid Services you purchase. You remain responsible for any uncollected amounts. If your payment method fails, we may suspend or terminate your access to the Paid Services.

5.4 Refunds

Except as required by law, all fees paid for Paid Services are non-refundable.

6. Content and Conduct

6.1 User Content

Raccoon Chat allows you to create, post, store, and share content, including messages andother materials ("User Content"). You retain ownership of your User Content. By making any User Content available through Raccoon Chat, you hereby grant to Raccoon AI a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the app and content to you and to other users.

6.2 Prohibited Conduct

You agree not to:

  • Post, upload, publish, submit, or transmit any User Content that is illegal, harmful, defamatory, obscene, or otherwise objectionable;
  • Use the app to send unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation;
  • Use the app to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

7. Privacy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users.

8. Disclaimers

Raccoon Chat is provided "as is," without warranty of any kind. Without limiting the foregoing, Raccoon AI explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of course of dealing or usage of trade. Raccoon AI makes no warranty that the app will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

9. Limitation of Liability

To the maximum extent permitted by law, Raccoon AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the app;
  • Any unauthorized access to or use of our servers and/or any personal information stored therein;
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our app by any third party;
  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the app.

10. Indemnification

You agree to defend, indemnify, and hold harmless Raccoon AI and its affiliates, subsidiaries, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the app or your violation of these Terms.

11. Termination

We may suspend or terminate your access to and use of the app at our sole discretion, at any time and without notice to you. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

12. Governing Law and Dispute Resolution

These Terms and any action related thereto will be governed by the laws of India without regard to its conflict of laws provisions.

12.1 Arbitration

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Bangalore, India, using the English language in accordance with the Arbitration and Conciliation Act, 1996. Judgment upon the award rendered by such arbitration may be entered in any court of competent jurisdiction.

13. General Terms

13.1 Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Raccoon AI and you regarding Raccoon Chat, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Raccoon AI and you regarding Raccoon Chat.

13.2 Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

13.3 Waiver

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Raccoon AI’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

14. Contact Information

If you have any questions about these Terms or Raccoon Chat, please contact us at team@flyingraccoon.tech.