AI People

Terms of Sale

Last update: [May 8th 2024]

Welcome to the AI People Game website (the “Store”). 

These Terms of Sale (the “Terms”) set the rules for your purchase of software products (including video games), digital content (including game time credits as specified herein, the “Credits”) and other in-game content and items (the “Content”) (Credits and Content hereinafter collectively “Store Content”) available at the Store. These Terms constitute a part of the legally binding Purchase Agreement (as defined hereinafter) between you and GoodAI Games s.r.o. (“Company”, “we”, “us”), supplementing the End User License Agreement (“EULA”) to our game AI People (the “Game”) and the Privacy Policy. Any Store Content you buy from the Store is subject to these Terms.

Do you hate reading long legal documents? So do we, which is why we’ve summarized the most important things about these Terms in plain language below. 

  1. What do I need to know before buying Store Content? You’ll need to set up and maintain a user account (“User Account”) on the following link https://www.aipeoplegame.com to purchase Store Content and you must be 18 years of age or older to create the User Account (or the minimum age required by the law of your country of residence, if higher). If you are younger, a parent or other legal guardian must review this Agreement and create the account on your behalf. It’s essential to provide accurate information when signing up.

  2. How does the purchasing process work? Select the Content or amount of Credits you want, confirm your purchase at the listed price, and we’ll add them to your User Account. Please note, refunds and exchanges are generally not provided.

  3. What about sales and spending limits? Keep an eye out for any promotions we might run (they can change or end at any time). We may set limits on how many Credits or pieces of Content you can buy or hold to ensure fairness for all players.

  4. What are the rules for using Credits? Credits are for playing the Game only – no selling or gambling with them. Unused Credits expire after one year unless stated otherwise in our Terms or the EULA. Remember, Credits are the key to accessing “AI People” but hold no real-world value.

  5. What if I violate these Terms? If you find yourself in violation of these Terms, you’re obligated to notify us right away. We typically offer a way to remedy the situation or send you a cease and desist notice. However, significant breaches may lead to us suspending or terminating your User Account, EULA, access to the Store and/or use of associated Store Content without a refund. We may also take any action necessary to comply with the law and/or to protect you or others.

  6. What if we violate these Terms? Should you feel we’ve not lived up to our end of the bargain, please inform us. We’re committed to resolving any issues within our capability. It’s important to note, however, that the Store Content is provided ‘as is’ and we will only be liable for direct damages caused by the Store Content up to the actual amount you’ve spent on the Store Content within the last year.

  7. What will be the quality of the Store Content? We promise to provide the Store Content as described in the Store; however, note that there may occasionally be some errors or imperfections (like in every video game). 

  8. What if there’s something wrong with the Store Content? If you spot any issues, please let us know right away at support@goodai.com. Describe what’s wrong and how you think it should be fixed. We’ll look into your complaint and aim to sort it out within a reasonable time (taking into account the nature of the defect and Store Content and statutory time limits under applicable law) . You’ll get a confirmation that we are working on your complaint by email or through your User Account. If it turns out the problem is on our side, we’ll make it right by updating or otherwise modifying the Store Content – we will let you know how we handled your complaint either way. Note that some Store Content may be in alpha or beta versions or associated with alpha or beta versions of the Game, which are test versions and may have more issues. We appreciate your understanding in these cases.

  9. What if there’s a legal dispute? We’ll first try to resolve any disputes between us informally. If that doesn’t work, the courts in the Czech Republic will settle it. However, if you’re a consumer residing in the EU, you may have the option to bring disputes to your local courts or engage in Alternative Dispute Resolution (ADR) through the Czech Trade Inspection Authority or via the European Commission’s online platform. This accommodates for local consumer laws and regulations that might supersede this Agreement and/or our general governance by Czech law.

  10. What if you change the Terms? We might update these Terms to reflect changes in our services or for legal reasons. We’ll post the new version on our website (the current version of this Agreement will always be available at https://www.aipeoplegame.com/terms-of-sale), and they’ll usually take effect 30 days later (we’ll let you know). If you’re not happy with the changes, it’s time to stop buying Store Content from us. 

  11. Anything else I should be aware of? Follow the law, these Terms, as well as the EULA available at https://www.aipeoplegame.com/eula, Community Guidelines available at https://www.aipeoplgame/community-guidelines and read our Privacy Policy available at https://www.aipeoplegame.com/privacy-policy, be nice, and the Store, our Game and the community.

1. User Account

User Account Creation. To purchase Store Content via the Store and subsequently use it, you need a User Account exclusively created for this purpose. You may create a User Account by registering at https://www.aipeoplegame.com with a valid email address – it’s crucial to use an email you regularly check so you don’t miss out on anything important about the Game, Store or Store Content. Alternatively, you may opt to use your existing account from a third-party platform to set up and log in to your User Account, leveraging single sign-on capabilities for convenience. Be aware that you’re subject to the terms and conditions of your selected single sign-on platform. Should you have any inquiries about the terms and conditions of your chosen single sign-on platform, please direct your questions to them directly. After successful registration, we’ll send you a confirmation, marking the official creation of your User Account.

Correct Information. Make sure that the information you provide about yourself during the User Account registration is accurate, truthful and complete. If we find out that you’ve provided false, inaccurate or incomplete information about yourself, we’ll give you a notice and a month to make things right. If the information isn’t corrected within that one-month period, then we may immediately terminate your User Account and EULA, including any rights you may have to use any purchased Store Content, without compensation.

Age Limitation. Due to a certain degree of unpredictably of the AI and large language model components used in the Game, which may expose users to content unsuitable for minors, you must be 18 years of age or older to create the User Account (or the minimum age required by the law of your country of residence, if higher). If you are younger, please have your parent or other legal guardian review these Terms and purchase the Store Content on your behalf.  

Account Exclusivity. Your User Account is personal and cannot be transferred, sold, leased, licensed, rented, or re-registered by someone else. This rule ensures your User Account stays secure and personal to you.

Login Credentials. When setting up your User Account, you’ll be required to select a unique username and password (“Login Credentials”), unless you set up your User Account using a single sign-on option as specified in this Agreement. You agree not to share your Login Credentials with anyone, nor will you sell, transfer, or allow any other person to access your Login Credentials, or offer to do so. Additionally, you are responsible for keeping your Login Credentials confidential.

Security Breach Protocol. Should you become aware of any security breach, including unauthorized access to your User Account or any loss, theft, or unauthorized use or disclosure of your Login Credentials or payment information, it is imperative that you inform us immediately. This allows us to take necessary actions to protect your User Account. You will be held responsible for any losses incurred on your User Account, including the loss or use of Store Content, resulting from your sharing of Login Credentials or failure to secure your User Account and its details.

Suspension and Termination by You. You may terminate or suspend your User Account at any time by contacting us at support@goodai.com.

Suspension and Termination by Us. We may immediately suspend your User Account for various reasons, including breach of these Terms; to protect our community, the Store, or the Game; if we discontinue the Game/Store in your region (we’ll give advance notice); if you fail to pay fees owed to us; or for unauthorized use of someone else’s payment info. Our decisions may be based on automated decision making. We reserve the right to terminate your User Account and EULA altogether, especially if your material breach of these Terms or EULA is confirmed, or if you fail to remedy a breach of these documents within a specified timeframe.

Consequences of Termination. Termination of your User Account means automatic termination of EULA and loss of access to your User Account and all associated Store Content, which may lead to your inability to use the Game and/or Store Content. There will be no refunds or liability on our part for such termination. We may also terminate any other accounts you have with us.

Account Inactivity. Prolonged inactivity for a duration of 12 months may result in User Account suspension. You will be given prior notice and an opportunity to reactivate your User Account. Failure to reactivate your User Account after this notice will result in its termination.

 

2. Purchase of Store Content

Purchase Procedure. You can purchase Store Content from us at the displayed prices at the time of purchase. Upon completion of your purchase, a purchase agreement, the subject matter and contents of which is determined by you and us during the ordering process for Store Content (“Purchase Agreement”), will be concluded between you and us and will be confirmed by email. Please note that by selecting the Store Content and completing the ordering process you make an offer to enter into a Purchase Agreement with us, which we accept by sending you a confirmation email. The purchased Store Content will then be available (usually in your User Account) for your use.

Consent to Commence Performance. By agreeing to the Purchase Agreement, you explicitly consent to our immediate initiation of the provision of the Store Content, thereby extinguishing your statutory right to withdraw from the Purchase Agreement due to the manner of its conclusion, including the right to any related refunds or returns of fees, in accordance with applicable law. This is without prejudice to your rights under Section 7.

Purchasing Conditions. Store Content can only be acquired through the Store, where we might occasionally offer promotions or discounts. These offers are subject to change or discontinuation at our discretion without prior notification. All transactions will be securely processed, and the acquired Content will be added, and Credits duly credited, to your User Account.

Payment Methods. When purchasing Store Content via our Store, you may use the payment methods specified on the Store, specifically payment gateway via Stripe (“Payment Method”). Be aware that you’re subject to the terms and conditions of your selected Payment Method provider. Should you have any inquiries about the terms and conditions of your chosen Payment Method provider, please direct your questions to them directly.

Spending Limitations. We may set maximum limits on the amount of Store Content you can purchase per transaction or daily. These limits are at our sole discretion. We also reserve the right to impose further restrictions on how Store Content can be used or the maximum balance that can be held in your User Account.

Nature of Purchase. All purchases of Store Content are definitive and not subject to refunds, transfers, or exchanges, barring legal requirements to the contrary. We maintain absolute discretion over the management of Store Content, including the right to regulate or modify it without liability.

Changes. From time to time, we may update Store Content to enhance functionality, comply with applicable laws, or for other reasons. These changes may include updates, patches, or other modifications. We will notify you of the changes through the appropriate communication channel, e.g., in the Store or User Account. Some changes may automatically apply to your device, while others may require your acceptance to continue using the Store Content. Although we aim for improvements, some changes might affect the functionality negatively – if you experience issues, please contact us. Specific provisions related to changes of some Store Content are detailed in the EULA.

3. Special Provisions on Credits

Balance Management. Your current Credits balance is always visible within your User Account. Our system is designed to accurately calculate your Credits balance, taking into account all credits and debits. While we aim for consistency, the final determination of your Credits balance by us is conclusive, unless you can provide documentation to us that such calculation was or is incorrect.

Use of Credits. The use of Credits is strictly limited to enabling you to play the Game. Misuse of Credits, including for gambling purposes, is strictly forbidden. We may, at our discretion, alter the permissible uses of Credits, necessitating your vigilance to ensure compliance and the sufficiency of your Credits balance for Game access.

Prohibited Transactions. Engaging in or facilitating unauthorized transactions involving Credits, such as transfers, trades, or sales outside the permitted in-game uses, is prohibited. Violation of this policy may lead to User Account adjustments, suspensions, or terminations, with all associated risks and liabilities borne by the involved parties.

Inactivity. Credits within your User Account that remain unused for more than twelve (12) consecutive months will expire and be automatically removed from your User Account balance, unless the Credits expire or are terminated prior to this period under other provisions specified in these Terms or the EULA. We encourage active engagement within our Game to ensure your Credits retain their value and are utilized for enhanced gaming experience.

Sole Responsibility. You are the solely responsible party for all transactions involving Credits through your User Account, including those without your explicit authorization. Immediate notification to us in case of unauthorized usage is crucial for safeguarding your interests and ensuring prompt remedial action.

4. Management and Modifications of Credits

Credits as Digital Content. Unlike traditional physical or digital goods, Credits are specifically designated for gameplay within the Game and cannot be exchanged for real currency or other tangible goods. They hold no intrinsic cash value, and no obligation exists on our part or any third party’s to convert Credits into monetary value or other compensation. Their valuation and purchasing conditions may be unilaterally adjusted by us, with the understanding that Credits are subject to expiry upon the cessation of Game operations, or the termination of your User Account.

Modifications. We may, at our discretion, modify, suspend, or discontinue the Credits system to better align with gameplay dynamics, operational needs, or in connection with beta launches and other testing phases of the Game. Such changes will be announced in advance, providing you with ample time to adjust. Should the Credits’ system be discontinued, we will outline the process of how you can deplete your existing Credits balance.

5. Privacy and Use of Data

Privacy Policy. Please read our Privacy Policy to learn more about how we process your personal data in relation to use of the Store and the Game available at https://www.aipeoplegame.com/privacy-policy.

6. Representations and Limitations of Liability

Representations. We hereby represent that: (i) we have the necessary rights to allow you to create and maintain a User Account, enter into the Purchase Agreement and provide the Store Content through the Store; (ii) we will exercise reasonable care in providing the Store Content and managing the Store; (iii) the Store Content will function as generally described within the Store at the time of your purchase; and (iv) we will endeavor to adhere to applicable laws while fulfilling our obligations under these Terms. This provision is in addition to and does not affect your statutory rights which cannot be excluded or limited in any way under applicable law.

No Warranty. We do not warrant that the availability of the Store or the use of the Store Content and/or User Account will be uninterrupted or error-free, nor do we guarantee the availability of the Store and/or the Store Content on your specific device due to the variability in hardware, software, internet connections, and individual usage patterns. Furthermore, we cannot ensure that the Store, the Store Content and/or User Account will always be free from interference with your enjoyment, meet your requirements, or be compatible with third-party software or hardware, nor that their errors will be corrected. No advice or information, whether oral or written, obtained from us or our authorized representatives shall create any warranty not expressly stated herein. To the extent permitted by applicable law, we hereby disclaim any and all implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose. It is worth noting that if your jurisdiction does not allow the exclusion of or limitations on implied warranties, or the limitation of rights for consumers, some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability and Damages. To the maximum extent permitted by applicable law, neither we, our affiliates, nor licensees shall be liable for any special, incidental, indirect, or consequential damages whatsoever. This includes, without limitation, damages for loss of business profits, business interruption, loss of business information, personal injuries, property damage, computer failure or malfunction, and any other pecuniary or punitive damages arising from your use of the Store, your User Account, purchase or use of Store Content or breach of the Purchase Agreement, including, but not limited to, loss of profits, interruption of business, or loss of information. This applies whether such damages arise out of or are related to the Purchase Agreement, resulting from tort (including negligence), contract, strict liability, or otherwise, and even if we have been advised of the possibility of such damages. We are not responsible or liable for any damages caused by any third party and/or third-party services, products or content.  Moreover, to the extent permitted by law, our total liability to you for any losses, harm, or damages incurred in connection with your use of the Store, your User Account, purchase or use of Store Content or breach of the Purchase Agreement is capped at the total amounts you’ve paid us for the Store Content in the twelve months leading up to the initiation of your claim, regardless of the basis of the claim, whether breach of contract, negligence, or any other cause of action.

Tax Responsibility. You are liable for all taxes, duties, and levies imposed by any government entity related to your transactions in the Store and under the Purchase Agreement, including interest and penalties (except taxes on our net income). Provide us any exemption certificates you’re entitled to. All your costs related to the Purchase Agreement are your responsibility, with no reimbursements from us, and you will indemnify us from such expenses.

Indemnification. To the fullest extent of applicable law, you agree to be responsible and liable to us, our partners, licensors, affiliates, contractors, officers, directors, employees and agents in respect of all damages, losses, and expenses arising directly or indirectly from your acts and omissions to act in using the User Account, the Store and purchasing the Store Content pursuant to the terms of the Purchase Agreement and/or applicable law.

Liability Exceptions. Despite any other provisions in the Purchase Agreement, we do not limit or exclude our liability to you where it would be illegal to do so. This includes liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) willful or grossly negligent actions; (iv) damage from negligently breaching crucial obligations stipulated herein, where harm is typical and foreseeable; (v) any guarantees we provide; and (vi) any unavoidable liability under applicable product liability laws.

7. Complaint Procedure

Rights from Defects. In the event of defective Store Content, you are entitled to assert rights arising from defects as specified under applicable laws, taking into account our representations and warranties with respect to such Store Content (regardless of where made). This includes especially the right to request removal of the defect, unless it is impossible or disproportionately expensive; this is always assessed in particular with regard to the significance of the defect and the value the Store Content would have had without the defect. You may withdraw from the Purchase Agreement or request a reasonable discount if (a) we do not remove defect in a reasonable time after you have brought it to our attention or if it is apparent that the defect would not be removed in a reasonable time or without significant difficulties for you; (b) the defect emerges again after it was removed; (c) the defect is considered a material breach of the Purchase Agreement. Note that withdrawing from the Purchase Agreement for AI People game automatically terminates EULA.

Discount. The reasonable discount will be determined as the difference between the value of the Store Content without defect and the defective Store Content provided to you. If the Store Content is to be provided for a certain period of time, the period of time for which it was provided defectively will be taken into account; you will be entitled to a discount even if you withdraw from the Purchase Agreement.

Notification. If you identify a defect in the Store Content, please notify us immediately at support@goodai.com. In your notification, clearly describe the defect and your proposed remedy (see above). We commit to addressing your concerns within a reasonable time (taking into account the nature of the defect and Store Content and statutory time limits under applicable law) of receipt of your complaint, with confirmation that we are working on your complaint sent either via email or directly through your User Account. We will inform you via the same channel that we have assessed and settled your complaint, including all relevant details. If we do not settle your complaint within a reasonable time, you may withdraw from the Purchase Agreement or demand a reasonable discount.

Remedy. Upon confirming that the defect is due to our fault, we will inform you about how we decided to rectify the issue, especially with respect to the remedy proposed by you. This may include updating or otherwise modifying the Store Content or providing you with alternative solutions to address the defect appropriately.

Cease of use. Should you withdraw from the Purchase Agreement, you must cease to use the relevant  Store Content immediately. 

Time limit. You may assert your rights arising from defects within two years as of you purchased or taken over the Store Content, unless a longer time limit applies under the applicable law. 

Insignificant defect. You are not entitled to withdraw from the Purchase Agreement if the defect is insignificant.  

Refunds. Any monetary refund we may be obliged to return to you due to defective performance shall be returned at our expense without undue delay, but no later than within 14 days from the date on which you exercised the relevant right from the defective performance. In doing so, we shall use the same method as used by you to pay us, unless we expressly agree otherwise.

Alpha/Beta Version Disclaimer. Please be aware that some Store Content may be in alpha or beta versions or may be associated with alpha or beta versions of the Game. These versions are inherently test versions and not final products, which can lead to more frequent errors and issues. We ask for your understanding of these factors when deciding whether to file a complaint because these versions are provided as-is meaning that your defective performance claims in relation to these will be very limited.

8. Governing Law and Dispute Resolution

Governing Law. You agree that the Purchase Agreement and these Terms shall be deemed to have been made and executed in the Czech Republic and any dispute arising under the Purchase Agreement and these Terms shall be resolved in accordance with Czech law, excluding the conflict of laws provisions and the Convention on Contracts for the International Sale of Goods. If you are a consumer this shall not apply insofar as mandatory provisions (e.g. mandatory consumer protection regulations) under the law of the state in which you have your domicile, usual residence or registered office conflict with the application of Czech law pursuant to Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

Dispute Resolution. Any disputes regarding the Purchase Agreement, these Terms and your use of the Store and/or Store Content (“Disputes”) can be resolved by contacting us at support@goodai.com. You must try to solve any Dispute informally with us for 30 days before initiating any court proceeding. In the event that we are unable to resolve the Dispute amicably within thirty (30) days, either of us may submit the Dispute to the exclusive jurisdiction of the courts located in Prague, Czech Republic. However, if you are a consumer with residence in the EU, you may submit the Dispute to the applicable courts in your place of residence. 

ADR. If you are a consumer, you have the right to out-of-court dispute resolution (ADR) of any disputes arising from the Purchase Agreement and/or these Terms through the Czech Trade Inspection Authority (www.coi.cz or www.adr.coi.cz), Central Inspectorate – ADR Department, with its registered office at Gorazdova 1969/24, 120 00 Prague 2, Czech Republic, e-mail: adr@coi.cz. The out-of-court settlement of a consumer dispute shall be initiated upon your request, which may be submitted in particular in writing, orally on the record or electronically via the online form on the website of the Czech Trade Inspection Authority. You can also use the online platform for out-of-court dispute resolution provided by the European Commission, which can be accessed on www.ec.europa.eu/consumers/odr. On this platform, you can find a list of consumer dispute resolution bodies that can assist in the out-of-court settlement of disputes.

Regional Laws. You may have additional rights under the mandatory legal provisions of the jurisdiction from which you access or use the Store, User Account and/or Store Content. The same applies for ADR, you may have a specific dedicated authority in your country you may reach out to as a consumer. 

9. Miscellaneous

Complete Agreement. The Purchase Agreement and these Terms represent the complete agreement between you and us concerning your purchase of Store Content and other use of the Store and User Account and supersedes any prior or contemporaneous agreements between you and us. The Purchase Agreement and these Terms shall coexist with and shall not supersede any other of our policies referenced in the Purchase Agreement or in these Terms. You and we agree that we have not relied upon any terms, conditions, representations, warranties or similar that are not expressly set out in the Purchase Agreement and these Terms.

Third-Party Interactions. Through the Store, you might be directed to third-party websites or platforms. Each of these external sites may have its own terms of service and privacy policies, which you should review and agree to before engaging. While we provide these links for your convenience, we do not endorse, nor are we responsible for, the content, functionality, or availability of such sites, nor do we guarantee that they are free of charge.

No Third-Party Rights. The terms of the Purchase Agreement and these Terms specifically define the relationship between you and us and do not confer rights to any third parties, except as explicitly stated within this document.

Transferability. We reserve the right to assign, subcontract, or transfer our obligations under the Purchase Agreement and/or these Terms to a third party for purposes such as supporting the Store and/or Game, reorganization, merger, or other business needs, without prior notice. You expressly acknowledge and agree that such transfer will not adversely affect your rights under the Purchase Agreement and/or these Terms. You hereby waive any rights you may have to object to such assignment.

Waiver. Neither party’s failure or delay in exercising any right, power, or privilege under the Purchase Agreement and/or these Terms shall act as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof. The right to enforce our or your rights and remedies will remain in effect unless explicitly waived in the Purchase Agreement and/or these Terms.

Relationship Clause. You understand that no joint venture, partnership, employment, or agency relationship is established between you and us as a result of creating the User Account, entering into the Purchase Agreement or through your use of the Game.

Data Privacy and Intellectual Property. You are not allowed to (a) mine or collect personal or confidential information from the Store and/or the User Accounts of others, (b) use our trademarks, trade names, or other designations without prior authorization, or (c) engage in any activity that infringes upon any intellectual property or privacy rights.

Prohibited Actions. Uploading files that contain malicious code (viruses, spyware, worms, and other malware) to the Store and/or User Account, disregarding applicable geographic restrictions, or using the Store and/or your User Account in any offensive, discriminatory, or illegal manner is strictly prohibited. We want members of our community to be respectful and friendly.

Store Termination. We may terminate the operation of the Store or any part thereof by providing a thirty-day notice via email or directly within the Store interface. This termination will result in the termination of your User Account and EULA, and you will lose access to it along with any associated Store Content. We will not have ongoing obligations or liabilities post-termination, aside from those arising before termination.

Survival. Provisions by their nature intended to survive the termination of these Terms will remain in effect post-termination.

10. Updates to these Terms

Amendments. We may amend these Terms from time to time as our Store evolves or as required for legal or regulatory reasons. We will notify you of any updates by posting an updated version on the Store’s website and by sending an email to the address associated with your User Account. The amendments will come into effect after 30 days so make sure to review these Terms often. By continuing to use the Store and your User Account and make purchases from the Store after these changes take effect, you agree to the revised Terms.

Disagreement. If you do not agree to the updated Terms, we regretfully must ask that you refrain from making further purchases from our Store. While we wish there could be flexibility, the nature of our service necessitates a single set of Terms that apply uniformly to all users to ensure a seamless and fair experience. If you have concerns or questions about any changes to these Terms, we encourage you to contact us before continuing to use the Store.

11. Contact Details

If you have any questions concerning the Purchase Agreement, these Terms, the Store or the Store Content, you may contact us in writing at: support@goodai.com

When you visit the Store or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the Store. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Effective Date of the Terms: May 8th 2024