TERMS AND CONDITIONS
Welcome to Chugzi!
Please Read These Terms Carefully Before Using the Platform. These terms and conditions outline the rules and regulations for the use of chugzi.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Chugzi if you do not agree to follow all of the terms and conditions stated on this page. The use of chugzi.com is only to be undertaken by those of legal age or who have acquired a parent or guardian’s consent. The Platform is not intended to be accessed or utilized by children less than 13 years of age. Any improper usage is strictly prohibited.
The words in which the initial letter is capitalized have meanings defined under the following conditions and the following definitions shall have the same meaning regardless of whether they appear in singular or in plural form.
- You means the individual accessing or using the Platform, or the company, or other legal entity on behalf of which such individual is accessing or using the Platform, as applicable.
- Company (referred to as either "the Company", "We", "Us", "Our", "Chugzi™" or "Chugzi" in this Agreement) refers to Spikka, LLC.
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
- Account means a unique account created for You to access our Platform or parts of our Platform.
- Website refers to Chugzi, accessible from https://www.chugzi.com
- Platform refers to the Website.
- Country refers to Wyoming, United States
- Platform Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Platform, to provide the Platform on behalf of the Company, to perform services related to the Platform, or to assist the Company in analyzing how the Platform is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Platform.
- Personal Data is any information that relates to an identified or identifiable individual.
- Cookies are small files that are placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Device means any device that can access the Platform such as a computer, a cellphone, or a digital tablet.
- Usage Data refers to data collected automatically, either generated by the use of the Platform or from the Platform infrastructure itself (for example, the duration of a page visit).
- 1. INTELLECTUAL PROPERTY RIGHTS
1.1 Ownership. The Platform is licensed as described above and is not sold to you under this Agreement, and you acknowledge that Chugzi and its licensors retain all title, ownership, and intellectual property rights in the Platform. We reserve all rights in the Platform not expressly granted herein.
1.2 User Content and Use of Derivative Content. You are solely responsible for all interactions, text, documents, or other content or information that you upload, input, or otherwise submit ("User Content") and User Derived Content (as defined below) in connection with your use of the Platform. To the fullest extent permitted by law, Chugzi shall have no liability to you in respect of User Content and/or User Derived Content, including, without limitation, liability in respect of (i) any information (including your confidential information) contained in or apparent from the User Content and/or User Derived Content; and/or (ii) any claims of copyright infringement or other third party infringement relating to or in connection with the User Content and/or User Derived Content. You warrant, represent, and undertake that: (i) you have a valid and enforceable license and all necessary rights to use, submit or transmit any User Content and to use the Platform; (ii) no User Content or Derivative User Content (as defined below) infringes, misappropriates or violates the rights (including, without limitation, copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any competent governmental authority (iii) any summaries, content or text derived or extracted from the User Content using the Platform ("Derivative User Content") may be used by the User for personal use only; and (iv) the User shall not distribute or disseminate the User Content or Derivative User Content in violation of any applicable laws or the intellectual property or other rights of any third party. You acknowledge that the Platform does not function as an archive or file storage service. You are solely responsible for securing User Content and other protections appropriate to your needs. You retain all rights, titles, and interest in and to your User Content. To the fullest extent permitted by law, by uploading or submitting User Content, you grant Chugzi (and those with whom Chugzi works) a non-exclusive, worldwide, royalty-free, fully paid, transferable and sublicensable, perpetual, and irrevocable license to copy, store and use your User Content to (i) provide the Platform; (ii) administer and improve the Platform (including improving the algorithms underlying the Platform); and (iii) collect and analyze anonymous information. To the extent User Content contains third party data, you hereby warrant that you have obtained all necessary consents from such third parties to allow Chugzi to use the User Content as described above.
1.3 Chugzi Content. Except for User Content: the content of the Platform, including, without limitation, the text, information, documents, descriptions, products, software, graphics, photographs, sounds, videos, interactive features and services, the trademarks, service marks, and logos contained therein are owned by Chugzi and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. "Chugzi" and the Chugzi logo are trademarks of Chugzi and its affiliates.
1.4 Feedback. If Chugzi receives any feedback (e.g., questions, comments, suggestions, or the like) regarding the Platform, all rights, including intellectual property rights, in and to such Feedback will belong exclusively to Chugzi and will be treated as Chugzi’s confidential information.
2. DISCLAIMER OF WARRANTY
This website does not contain any guarantee or warranty. This site may not function. This site may not function properly. It may go down at any time, temporarily or permanently. Do not rely on it to work. This website may translate things incorrectly. It may produce content that is misleading or offensive. We have no control over the content you translate on our website and therefore no control over the outcome. By using this website, you expressly agree that your use of chugzi.com is at your own risk. The website is provided on an "as is" basis. We do not warrant that the Platform will be accurate, uninterrupted, or error-free. By using the Platform, you agree that we will not be liable for any damages arising from your use of the Platform. You agree and acknowledge that we have no knowledge of, and shall not be liable for, any Content translated and/or made publicly available by users of the Platform.
3. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER THE PARTY, ITS AFFILIATES NOR ANY OF THEIR LICENSORS OR SUPPLIERS SHALL BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT FOR: (A) CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES; (B) LOSS OF PROFITS, BUSINESS, REVENUE, ANTICIPATED SAVINGS OR WASTED EXPENDITURES; (C) LOSS, DAMAGE OR INTERRUPTION OF DATA, NETWORKS, INFORMATION SYSTEMS, REPUTATION OR GOODWILL; AND/OR (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF CHUGZI AND ITS AFFILIATES UNDER THIS AGREEMENT, THE PLATFORM, AND THE SERVICE, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO CHUGZI UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD PRIOR TO THE DATE LIABILITY ARISES. THE FOREGOING EXCLUSIONS AND LIMITATIONS APPLY: (A) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; (B) EVEN IF A PARTY HAS BEEN OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS, DAMAGE OR EXPENSE; (C) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (D) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY AND WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE.
4. SUBSCRIPTION FEES AND TRIAL PERIOD
4.1 Subscription Fees. In consideration for the Platform you are obligated to pay the non-refundable subscription fees set forth in the Subscription Plan ("Subscription Fees") at the times and for the periods set forth in the Subscription Plan. Your payment may be processed through a third party and additional terms may apply to such payments. We reserve the right to use third-party payment processing services for these purposes in the future. Unless otherwise provided in the Subscription Plan, all amounts due under this Agreement are non-refundable, non-cancellable, and are exclusive of all sales, use, value-added, withholding, and other direct or indirect taxes, fees, charges, and duties. For all versions of the Platform, we reserve the right to charge in the future for features and/or uses that are currently offered free of charge. Failure to pay any applicable fees may result in your inability to access some or all of the Platform.
4.2 Trial Period. Chugzi may offer a free trial period for evaluation purposes during the applicable trial period ("Trial Period") before a subscription fee is charged. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, CHUGZI AND ITS AFFILIATES MAKE NO WARRANTY, INDEMNIFICATION, SUPPORT, OR OTHER OBLIGATION OR LIABILITY WITH RESPECT TO TRIAL PERIODS, AND CHUGZI SHALL HAVE THE RIGHT TO TERMINATE A TRIAL PERIOD AT ANY TIME AND FOR ANY REASON.
This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Platform and supersedes all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties with respect to the Platform. This Agreement may be amended by Chugzi in writing.
Use of the Platform is at your own risk. The Service is provided without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or lack of performance.
Chugzi, its subsidiaries, affiliates, and licensors do not warrant that a) the Platform will be uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Platform is free of viruses or other harmful components; or d) the results of using the Platform will meet your requirements.
8. TERM AND TERMINATION
This Agreement shall remain in effect from the time the User accesses or uses the Platform until terminated. This Agreement will terminate automatically and without notice from Chugzi if User fails to comply with any provision of this Agreement. Chugzi reserves the right, in its sole discretion and without prior notice to User, at any time and for any reason: (i) to remove or disable access to the Platform or any part thereof; (ii) to disable User's access to the Platform or any part thereof; and (iii) terminate this Agreement.
You agree to defend, indemnify and hold Chugzi and its licensors, and their employees, contractors, agents, officers, and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or liabilities and expenses (including, without limitation, attorneys' fees) arising out of or related to your use of and access to the Platform, by you or anyone else using your account and password, or b) any breach of these Terms.
Chugzi may assign its rights or delegate its obligations to any other person or entity at any time without the User's consent. User may not assign any of its rights or delegate any of its obligations to any other person or entity without Chugi's prior written consent. Subject to the preceding sentence, this Agreement shall apply to, be binding upon, and inure to the full benefit of the successors and permitted assigns of the parties. Nothing expressed or referred to in this Agreement shall be construed as conferring upon any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect of this Agreement or any provision hereof, other than rights accruing to a successor or permitted assignee under this agreement.
11. THIRD-PARTY COMPONENTS
The Platform may contain links to other websites and resources, and User hereby acknowledges and agrees that: (i) Chugzi is not responsible for the availability of such external websites or resources; and (ii) Chugzi does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. User agrees that Chugzi 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 or reliance on any such content, goods, or services available on or through any such website or resource.
12. UPDATES AND UPGRADES
We reserve the right to amend or replace these Terms and Conditions at any time at our sole discretion. What constitutes a material change will be determined at our sole discretion. If you continue to access or use our Platform after the changes take effect, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the Platform.
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Platform.
You are responsible for safeguarding the password that you use to access the Platform and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
User agrees that it will NOT: (a) use the Platform or any content or information available through the Platform for any unauthorised purpose, including but not limited to exceeding transmission limits and acting outside the scope of the Paid Services; (b) interfere with or damage the Platform, including but not limited to the use of viruses, spyware, malware, malicious code, flood pings, denial of service attacks, packet or IP spoofing, spoofing routing or methods that in any way reproduce or circumvent the navigational structure or presentation of the Platform; (c) use the Platform to collect, store or disseminate information about other persons; (d) use the Platform to transmit or store infringing, obscene, threatening, defamatory or otherwise unlawful material, including material that is harmful to children or violates the privacy rights of third parties; (e) use the Platform to impersonate any person, entity or body (f) modify, sublicense, assign, give away, transfer, translate, sell, resell, reverse engineer, decrypt, decompile or otherwise disassemble any code, data, content or information obtained through the Platform or any software component used on or to access the Platform; (g) attempt to gain unauthorised access to the Platform or any systems or networks connected to it; (h) use any third party software or scripts to collect information from or through the Platform (i) distribute, retransmit or permit the transmission of the Platform or any content or information available through the Platform in violation of any export or import laws and/or regulations or restrictions of the United States of America and its agencies or authorities, or without all necessary consents, licences or exemptions; (j) use the Platform to distribute, store or transmit any unsolicited message, chain letter or unsolicited commercial email; (k) use the Platform to distribute, store or transmit any file, graphic, software or other material that actually, impliedly or potentially infringes the copyright, trademark, patent, trade secret, trade name or other intellectual property right of any person, entity, partnership, organization, association or otherwise; (l) adapt, translate or create derivative works from the Platform or incorporate the Platform into any other software (m) use the Platform to distribute spyware, adware, spam or other malicious programs or code, counterfeit goods, items subject to a U.S. embargo, hateful material or material inciting terrorist or violent acts, goods made from protected animal/plant species, recalled goods, any hacking, surveillance, wiretapping or decryption devices, illegal drugs and paraphernalia, the unlicensed sale of prescription drugs and medical devices, sale of tobacco or alcohol to persons under 21 years of age, pornography, prostitution, body parts and fluids, stolen products and items used in theft, fireworks, explosives and dangerous substances, government-issued identification devices, police-issued items, unlicensed trading in securities, gambling, professional services regulated by state licensing schemes, non-transferable items such as airline tickets or tickets to events, unpackaged food or weapons and accessories; (n) use the Platform to create, train or improve (directly or indirectly) a similar product, service or platform, including other machine learning algorithms or machine translation or transcription systems; (o) use or store translated text or other data from the Platform to create (directly or indirectly), train or improve any translation service, product or platform, including other machine learning algorithms or machine translation or transcription systems; (p) display or make publicly available the Platform's input and output in direct comparison (e.g. side-by-side); (q) use the Platform to enhance data sets to improve natural language processing systems, unless otherwise agreed in writing between Chugzi and the User; or (r) assist third parties to perform any of the foregoing.
User is solely responsible for the security, confidentiality, and integrity of all Content that User receives, transmits, or stores through the Platform or on any computer, mobile device, or connected device used to access the Platform.
You may have access to certain non-public or proprietary information and materials of Chugzi and/or its affiliates, whether in tangible or intangible form ("Confidential Information"). You must take commercially reasonable steps to protect Chugzi’s Confidential Information in your possession or control from misuse or disclosure to third parties. You may use Chugzi’s Confidential Information only for the purposes of performing this Agreement. If you are required by law, regulation, or governmental or court order to disclose Chugzi's Confidential Information, you will (a) promptly notify Chugzi in writing of such law, regulation, or order, (b) reasonably cooperate with Chugzi in opposing such disclosure, (c) disclose the information only to the extent required by such law, regulation or order (as applicable).
17. EXPORT OBLIGATIONS
You agree to comply with all applicable export laws and regulations to ensure that neither the Platform nor any related technical data are exported or re-exported, directly or indirectly, in violation of such laws and regulations, or used for any purpose prohibited by such laws and regulations.
If you have any questions about these Terms and Conditions, You can use our contact form to Contact Us.