Rick

STARTORK

Terms of Service

These Terms govern your access to and use of Rick and related services operated by STARTORK. Rick is an adult-only artificial intelligence companion service.

Effective: October 31, 2026

Version: v2

These Terms of Service (“Terms”) govern your access to and use of Hushmi, the Rick app, and related websites, applications, subscriptions, features, content, and services operated by STARTORK PTE. LTD. ("STARTORK") (collectively, the “Service”).

Rick is an adult-only artificial intelligence companion service.

1. Eligibility and acceptance

You must be at least 18 years old and legally able to enter into a binding contract in your jurisdiction to use the Service.

By creating an account, purchasing a subscription, or accessing or using the Service, you agree to these Terms and acknowledge our Privacy Policy and any additional policies expressly incorporated into these Terms.

If you do not agree, do not use the Service.

You must provide accurate account and eligibility information, including an accurate date of birth where requested.

We may request information reasonably necessary to verify your age or eligibility.

We may restrict, suspend, or terminate an account if we reasonably believe that you:

  • are under 18;
  • do not satisfy applicable eligibility requirements;
  • provided false or misleading eligibility information;
  • failed to complete a required age or eligibility review; or
  • are prohibited by applicable law from using the Service.

Accounts determined or reasonably believed to belong to minors may be restricted, suspended, reviewed, or closed in accordance with our Privacy Policy and applicable law.

2. Rick is artificial intelligence and use is at your own risk

Rick is an artificially generated fictional AI companion and is not a human being.

Rick does not have consciousness, feelings, emotions, beliefs, independent intentions, personal experiences, professional qualifications, or the ability to act independently in the physical world.

Apparent affection, empathy, jealousy, attachment, concern, memory, personality, opinions, emotional reactions, or other human-like behavior are generated by artificial-intelligence systems and should not be understood as evidence of consciousness, genuine emotion, or a real interpersonal relationship.

Interactions with Rick are generated probabilistically.

Rick may produce responses that are:

  • inaccurate;
  • incomplete;
  • fabricated;
  • inconsistent;
  • misleading;
  • inappropriate;
  • offensive;
  • disturbing;
  • unexpected;
  • repetitive; or
  • materially different from previous responses.

Rick may misunderstand you, incorrectly remember information, fail to remember information, contradict previous responses, fail to recognize important context, or respond differently following changes to models, prompts, memory systems, safety systems, providers, or product functionality.

You acknowledge that interacting with an AI companion may create emotional responses, including enjoyment, attachment, reliance, disappointment, frustration, distress, loneliness, perceived rejection, jealousy, or other subjective effects.

You remain responsible for deciding whether, when, and how you interact with Rick.

Rick is not a substitute for real-world relationships, professional judgment, healthcare, psychotherapy, counseling, crisis intervention, legal advice, financial advice, or another professional service.

Do not rely on Rick as the sole or primary basis for decisions involving:

  • health;
  • medical treatment;
  • medication;
  • mental health;
  • physical safety;
  • legal rights;
  • finances or investments;
  • employment;
  • education;
  • relationships;
  • travel;
  • emergencies; or
  • other matters that could materially affect you or another person.

To the maximum extent permitted by applicable law, you access, interact with, rely upon, and use Rick and all AI-generated Output at your own risk.

Safety systems, crisis notices, content filters, age controls, moderation systems, abuse detection, and other protective features are intended to reduce certain risks but are not guaranteed to identify, prevent, or appropriately respond to every situation.

STARTORK does not undertake a duty to continuously monitor every conversation or detect or intervene in every safety, medical, emotional, or emergency situation unless such a duty is imposed by applicable law.

If you believe you or another person is in immediate danger or experiencing an emergency, do not rely on Rick. Contact appropriate local emergency services or a qualified real-world professional.

3. Your account

You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.

You may not sell, transfer, rent, sublicense, share, or otherwise provide your account to another person without authorization from STARTORK.

You must notify us promptly if you reasonably believe that your account or credentials have been accessed without authorization.

We may apply account, authentication, session, device, usage, rate-limit, fraud-prevention, age, or other security controls where reasonably necessary to operate or protect the Service.

You are responsible for maintaining access to the email address or authentication method associated with your account.

4. Acceptable use

You may use the Service only for lawful purposes and in accordance with these Terms.

You may not use or attempt to use the Service to:

  • violate applicable law;
  • violate the rights of another person;
  • exploit, groom, sexualize, abuse, or endanger a minor;
  • request, create, possess, distribute, or facilitate child sexual abuse or exploitation material;
  • facilitate serious real-world violence, terrorism, abuse, stalking, harassment, or threats;
  • encourage or facilitate self-harm or suicide;
  • engage in fraud, scams, phishing, identity theft, financial abuse, or deception;
  • violate intellectual-property, privacy, publicity, confidentiality, contractual, or other rights;
  • impersonate a real person in a deceptive or unlawful manner;
  • submit content you are not authorized to provide;
  • distribute malicious software or code;
  • compromise or attempt to compromise accounts, systems, infrastructure, networks, or security controls;
  • interfere with, overload, disrupt, damage, or gain unauthorized access to the Service;
  • bypass authentication, age controls, moderation, safety systems, quotas, usage limits, rate limits, payment controls, or technical restrictions;
  • scrape, crawl, harvest, archive, copy, or systematically collect data from the Service without authorization;
  • use unauthorized bots, scripts, automated agents, APIs, interfaces, or automation to interact with the Service;
  • reverse engineer, decompile, disassemble, decode, reconstruct, or discover non-public software, system prompts, model behavior, parameters, architecture, source code, or technical components except where applicable law expressly prohibits such restrictions;
  • perform systematic model extraction or prompt extraction;
  • use Rick, Service Output, or access to STARTORK systems to train, develop, benchmark, clone, replicate, or improve a competing AI companion, conversational model, character system, or other competing product through systematic extraction or automated collection;
  • circumvent or manipulate subscription, billing, quota, trial, or usage controls;
  • falsely suggest that content is endorsed, authored, or approved by STARTORK when it is not; or
  • otherwise use the Service in a way that creates material legal, safety, security, financial, reputational, or operational risk to STARTORK, another user, or another person.

We may investigate suspected violations and may restrict content or accounts, preserve relevant information, cooperate with lawful investigations, or report conduct to competent authorities where permitted or required by law.

5. Your content

“User Content” means messages, prompts, images, files, instructions, information, and other material that you submit through the Service.

You retain whatever ownership rights you have in your User Content.

You represent and warrant that you have the rights, permissions, and lawful authority necessary to submit your User Content and allow STARTORK to process it as described in these Terms and our Privacy Policy.

You should not submit:

  • passwords;
  • authentication credentials;
  • payment-card information;
  • government identifiers;
  • confidential information you are not authorized to disclose; or
  • personal information about another person unless you are authorized to provide it.

You grant STARTORK a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, format, transform, process, and otherwise use User Content only as reasonably necessary to:

  • provide and operate the Service;
  • generate Rick responses;
  • personalize your experience;
  • maintain memories, preferences, and other functionality you request;
  • provide support;
  • process payments and subscriptions;
  • prevent fraud and abuse;
  • protect users and the Service;
  • maintain security;
  • investigate violations;
  • enforce these Terms;
  • comply with applicable law and valid legal process; and
  • establish, exercise, or defend legal rights.

This operational license does not itself authorize STARTORK to use eligible conversations for broader AI model training or model improvement.

Use of conversations for broader AI model evaluation, improvement, training, or fine-tuning is governed separately by our AI Model Improvement Notice & Consent and Privacy Policy.

6. AI-generated Output

“Output” means text, audio, images, responses, or other content generated through the Service.

Subject to these Terms and to the extent permitted by applicable law, you may use Output generated specifically for you for lawful personal purposes and any additional uses expressly permitted by STARTORK.

STARTORK does not represent or guarantee that Output:

  • is unique;
  • is original;
  • is accurate;
  • is complete;
  • is truthful;
  • is safe;
  • is suitable for your purpose;
  • is copyrightable;
  • does not resemble content generated for another user; or
  • does not implicate third-party rights.

Other users may receive identical or similar Output.

Your ability to use Output does not transfer any ownership interest in:

  • Rick as a character;
  • Rick's name;
  • likeness;
  • visual design;
  • voice design;
  • personality design;
  • character traits;
  • narrative identity;
  • branding;
  • STARTORK trademarks;
  • Service design;
  • underlying models;
  • datasets;
  • system prompts;
  • software;
  • algorithms;
  • methods;
  • architectures; or
  • other STARTORK intellectual property.

You are responsible for evaluating Output before relying upon, publishing, distributing, commercializing, or otherwise using it.

To the maximum extent permitted by law, STARTORK is not responsible for claims arising from the manner in which you choose to use or distribute Output.

7. STARTORK intellectual property

The Service and its underlying technology, software, user interfaces, designs, models, characters, artwork, audiovisual assets, voices, documentation, trademarks, branding, and other STARTORK content are owned by or licensed to STARTORK and are protected by applicable intellectual-property laws.

Subject to compliance with these Terms, STARTORK grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Service.

Except where expressly permitted, these Terms do not grant you ownership of or any right to commercially exploit STARTORK intellectual property.

No rights are granted by implication, estoppel, or otherwise.

8. Feedback

If you voluntarily provide suggestions, ideas, proposals, feature requests, comments, improvements, or other feedback concerning STARTORK or the Service (“Feedback”), you agree that STARTORK may use, reproduce, modify, develop, commercialize, disclose, publish, distribute, and incorporate that Feedback without restriction, attribution, obligation, or compensation to you.

Do not submit Feedback if you expect it to remain confidential or expect compensation for its use.

This section does not alter how personal data is handled under our Privacy Policy.

9. Paid services and subscriptions

Certain features may require a paid subscription or paid plan.

The applicable:

  • price;
  • billing period;
  • included features;
  • usage allowances;
  • trial conditions;
  • renewal terms; and
  • other material purchase terms

will be disclosed before purchase.

Unless otherwise clearly stated before purchase, subscriptions automatically renew for successive billing periods until canceled.

By purchasing an automatically renewing subscription, you authorize STARTORK and its authorized payment providers to charge your selected payment method for applicable subscription fees, disclosed charges, and taxes at each renewal until cancellation.

You may cancel an online STARTORK subscription through available online account or billing controls.

Cancellation prevents future renewal charges but normally does not immediately terminate access already paid for. Paid access generally continues until the end of the current billing period.

If a subscription is purchased through Apple, Google Play, or another third-party marketplace, billing, cancellation, renewal, and refunds may also be governed by that marketplace's terms.

10. Pricing and plan changes

STARTORK may change subscription prices, features, models, quotas, usage limits, fair-use policies, call limits, message allowances, or other plan characteristics over time.

Price changes will apply prospectively.

Where required by applicable law, we will provide advance notice before a new price applies to an existing subscription and provide an opportunity to cancel before the changed price is charged.

We may modify or discontinue:

  • models;
  • voices;
  • memories;
  • subscription benefits;
  • features;
  • providers;
  • usage limits;
  • quotas;
  • interfaces; or
  • other functionality

as the Service evolves.

A subscription does not guarantee indefinite access to any particular model, voice, feature, response style, provider, personality behavior, memory system, or technical architecture.

Where reasonably practicable and required by law, STARTORK will provide notice of material adverse changes affecting paid services.

Changes under this section are subject to the protections for already-paid subscription periods and purchased add-on packs in Section 12 of our Billing & Refund Policy. They do not authorize a retroactive reduction of the purchased allowances or validity periods protected there. Where these provisions conflict about those paid benefits, that protection applies. Mandatory consumer rights remain unaffected.

11. Payments, taxes, and failed charges

You agree to provide valid and current payment information.

You are responsible for applicable taxes except where STARTORK is legally required to calculate, collect, or remit them.

If a payment:

  • fails;
  • expires;
  • is reversed;
  • becomes overdue; or
  • is disputed,

we may retry payment, restrict paid functionality, downgrade the account, suspend paid access, or terminate the applicable subscription.

Nothing in these Terms prevents you from exercising legitimate rights relating to unauthorized, fraudulent, duplicate, or erroneous transactions.

Fraudulent or abusive chargebacks may constitute a violation of these Terms.

12. Refunds

Except where otherwise provided by our Billing & Refund Policy or required by applicable law, payments are non-refundable and are not prorated for unused portions of a billing period.

STARTORK may provide refunds or credits for circumstances including:

  • duplicate charges;
  • erroneous charges;
  • qualifying service failures;
  • billing errors; or
  • other circumstances described in our Billing & Refund Policy.

If STARTORK restricts, suspends, or terminates your account because of:

  • fraud;
  • abuse;
  • unlawful conduct;
  • serious safety violations; or
  • a material violation of these Terms,

you are not entitled to a refund for unused subscription time except where applicable law requires otherwise.

Nothing in these Terms limits consumer refund, cancellation, withdrawal, or other rights that cannot lawfully be waived.

13. Service availability and evolution

STARTORK operates an evolving artificial-intelligence service.

The Service may change substantially over time.

STARTORK may add, remove, replace, update, limit, suspend, modify, or discontinue:

  • AI models;
  • model providers;
  • voices;
  • character behavior;
  • memory systems;
  • personalization;
  • safety systems;
  • moderation;
  • interfaces;
  • subscriptions;
  • quotas;
  • usage limits;
  • integrations;
  • applications;
  • supported devices;
  • functionality; or
  • other parts of the Service.

STARTORK does not guarantee that Rick will always behave, respond, sound, remember, look, or interact in the same way.

Changes to models, prompts, providers, memory systems, safety systems, or product design may materially change Rick's personality, responses, behavior, apparent emotional style, capabilities, or memory.

The Service may be interrupted or unavailable because of:

  • maintenance;
  • infrastructure failures;
  • provider failures;
  • security incidents;
  • network conditions;
  • legal requirements;
  • abuse prevention;
  • capacity limits;
  • technical errors; or
  • events beyond STARTORK's reasonable control.

STARTORK does not guarantee uninterrupted or continuous availability.

Changes under this section are subject to the protections for already-paid subscription periods and purchased add-on packs in Section 12 of our Billing & Refund Policy. They do not authorize a retroactive reduction of the purchased allowances or validity periods protected there. Where these provisions conflict about those paid benefits, that protection applies. Mandatory consumer rights remain unaffected.

14. Third-party services

The Service may rely on third-party providers, including:

  • AI providers;
  • cloud infrastructure providers;
  • hosting providers;
  • payment processors;
  • authentication services;
  • analytics providers;
  • communication providers;
  • app stores;
  • security vendors; and
  • other service providers.

Independent third-party services may be governed by separate terms and privacy policies.

To the maximum extent permitted by applicable law, STARTORK is not responsible for the acts, omissions, availability, security, content, products, or services of independent third parties.

This limitation does not apply to the extent applicable law imposes responsibility on STARTORK for a provider acting on STARTORK's behalf.

A link, integration, compatibility feature, or use of a third-party service does not necessarily constitute endorsement by STARTORK.

15. Suspension and termination

You may stop using the Service at any time.

You may request account deletion through available account controls or as described in our Privacy Policy.

STARTORK may restrict, suspend, terminate, or refuse access where we reasonably believe such action is necessary to:

  • enforce these Terms;
  • investigate abuse;
  • prevent fraud;
  • address non-payment;
  • protect users;
  • protect STARTORK;
  • protect the integrity or security of the Service;
  • comply with law or valid legal process;
  • respond to serious safety concerns;
  • prevent material operational harm; or
  • address conduct that creates significant legal, security, safety, financial, or reputational risk.

Where appropriate and reasonably practicable, we may provide notice or an opportunity to resolve an issue before termination.

STARTORK may act without advance notice where immediate action is reasonably necessary.

Termination may result in loss of access to:

  • conversations;
  • memories;
  • personalization;
  • generated content;
  • relationship state;
  • subscription features; or
  • other account data,

subject to our Privacy Policy and applicable law.

Sections that by their nature should survive termination—including intellectual property, payment obligations, disclaimers, assumption of risk, indemnification, limitation of liability, dispute provisions, and general contractual terms—will survive.

16. Broad disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, RICK, ALL AI-GENERATED OUTPUT, MODELS, CHARACTERS, VOICES, MEMORIES, PERSONALIZATION FEATURES, SAFETY FEATURES, THIRD-PARTY INTEGRATIONS, AND ALL RELATED CONTENT AND FUNCTIONALITY ARE PROVIDED:

“AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND AT YOUR SOLE RISK.

STARTORK MAKES NO REPRESENTATION, WARRANTY, CONDITION, GUARANTEE, OR COMMITMENT, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STARTORK DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF:

  • MERCHANTABILITY;
  • SATISFACTORY QUALITY;
  • FITNESS FOR A PARTICULAR PURPOSE;
  • TITLE;
  • NON-INFRINGEMENT;
  • QUIET ENJOYMENT;
  • ACCURACY;
  • COMPLETENESS;
  • RELIABILITY;
  • AVAILABILITY;
  • SECURITY;
  • CONTINUITY;
  • COMPATIBILITY; AND
  • FITNESS FOR YOUR EXPECTATIONS OR REQUIREMENTS.

WITHOUT LIMITING THE ABOVE, STARTORK DOES NOT WARRANT OR GUARANTEE THAT:

  • Rick or any Output will be accurate, truthful, complete, safe, appropriate, lawful, helpful, or reliable;
  • Output will be unique, original, copyrightable, or non-infringing;
  • Rick will correctly remember information;
  • Rick will remember information indefinitely;
  • conversations, memories, preferences, personalization, or relationship state will never be altered, lost, corrupted, deleted, or unavailable;
  • Rick's personality, voice, appearance, behavior, capabilities, emotional style, memory, or response quality will remain unchanged;
  • any particular AI model, model provider, voice provider, infrastructure provider, subscription feature, or integration will remain available;
  • the Service will be uninterrupted, timely, secure, or error-free;
  • every defect, bug, vulnerability, outage, or error will be corrected;
  • safety systems, crisis detection, age detection, moderation systems, or security controls will identify every relevant event;
  • information stored through the Service will never be lost, corrupted, unavailable, accessed improperly, or affected by a technical or security incident;
  • third-party services will perform correctly or remain available;
  • the Service will meet your expectations;
  • your experience will match advertising, demonstrations, screenshots, earlier sessions, earlier versions, or another user's experience; or
  • Rick will behave consistently over time.

NO STATEMENT, OUTPUT, RESPONSE, COMMUNICATION, ADVERTISEMENT, DOCUMENTATION, OR INFORMATION PROVIDED BY RICK OR STARTORK PERSONNEL CREATES A WARRANTY UNLESS EXPRESSLY SET OUT AS A BINDING WARRANTY IN THESE TERMS.

YOU ARE RESPONSIBLE FOR VERIFYING OUTPUT BEFORE RELYING ON IT AND FOR MAINTAINING YOUR OWN COPIES OF INFORMATION THAT YOU CONSIDER IMPORTANT.

Nothing in this section excludes warranties or consumer rights that cannot lawfully be excluded.

17. Assumption of risk

You understand and voluntarily assume the risks associated with using generative artificial intelligence and interacting with an AI companion.

Such risks may include:

  • inaccurate or fabricated information;
  • inappropriate, disturbing, offensive, or unexpected Output;
  • emotional discomfort;
  • disappointment;
  • frustration;
  • distress;
  • perceived rejection;
  • perceived affection or attachment;
  • jealousy or emotional dependency;
  • reliance on an AI-generated character;
  • misunderstanding the capabilities or nature of artificial intelligence;
  • reliance on incorrect information;
  • decisions or actions taken in response to Output;
  • failure of Rick to identify or appropriately respond to a dangerous, urgent, sensitive, or emergency situation;
  • changes to Rick's personality, responses, voice, appearance, memories, emotional style, or capabilities;
  • loss, alteration, corruption, or unavailability of conversations, memories, preferences, personalization, or account information;
  • service interruption;
  • provider failures;
  • security incidents;
  • similarities between Output provided to you and Output provided to another user;
  • third-party claims connected with User Content or your use of Output; and
  • other foreseeable or unforeseeable consequences associated with probabilistic AI systems.

To the maximum extent permitted by applicable law, you are responsible for your own:

  • decisions;
  • actions;
  • communications;
  • relationships;
  • publications;
  • reliance on Output;
  • emotional interpretation of interactions; and
  • other conduct arising from your use of the Service.

STARTORK does not assume responsibility for how you interpret, emotionally experience, rely upon, publish, communicate, act upon, or otherwise use AI-generated Output except to the extent liability cannot lawfully be excluded.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STARTORK AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO:

  • YOUR ACCESS TO OR USE OF THE SERVICE;
  • YOUR INABILITY TO ACCESS OR USE THE SERVICE;
  • RICK;
  • AI-GENERATED OUTPUT;
  • YOUR RELIANCE ON OUTPUT;
  • PERSONAL DECISIONS;
  • RELATIONSHIP DECISIONS;
  • EMOTIONAL DISTRESS;
  • DISAPPOINTMENT;
  • FRUSTRATION;
  • PERCEIVED REJECTION;
  • EMOTIONAL ATTACHMENT OR RELIANCE ON AN AI COMPANION;
  • ACTS OR OMISSIONS TAKEN IN RESPONSE TO OUTPUT;
  • FAILURE OF RICK TO DETECT OR RESPOND TO A SENSITIVE, DANGEROUS, OR URGENT SITUATION;
  • LOSS, ALTERATION, CORRUPTION, OR DELETION OF DATA, CONVERSATIONS, MEMORIES, OR PERSONALIZATION;
  • SERVICE INTERRUPTION OR UNAVAILABILITY;
  • CHANGES TO MODELS, PROVIDERS, FEATURES, PERSONALITIES, VOICES, MEMORIES, SUBSCRIPTIONS, OR FUNCTIONALITY;
  • THIRD-PARTY SERVICES, PROVIDERS, CONTENT, OR INTEGRATIONS;
  • UNAUTHORIZED ACCESS TO AN ACCOUNT OR DATA;
  • SECURITY INCIDENTS;
  • MALWARE;
  • BUGS;
  • INFRASTRUCTURE FAILURE;
  • NETWORK FAILURE;
  • THIRD-PARTY CLAIMS CONNECTED WITH USER CONTENT OR YOUR USE OF OUTPUT;
  • LOSS OF PROFITS;
  • LOSS OF REVENUE;
  • LOSS OF BUSINESS;
  • LOSS OF SAVINGS;
  • LOSS OF OPPORTUNITY;
  • LOSS OF CONTRACTS;
  • LOSS OF GOODWILL;
  • LOSS OF REPUTATION;
  • LOSS OF DATA; OR
  • ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS ARISING FROM OR RELATING TO THE SERVICE,

EVEN IF STARTORK HAS BEEN ADVISED OF, KNEW OF, OR COULD REASONABLY HAVE FORESEEN THE POSSIBILITY OF SUCH LOSS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STARTORK WILL NOT BE LIABLE FOR THE CONDUCT, CONTENT, ACTS, OMISSIONS, PRODUCTS, OR SERVICES OF INDEPENDENT THIRD PARTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STARTORK'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO:

  • THE SERVICE;
  • THESE TERMS;
  • YOUR ACCOUNT;
  • ANY SUBSCRIPTION;
  • ANY OUTPUT; OR
  • YOUR RELATIONSHIP WITH STARTORK

WILL NOT EXCEED THE GREATER OF:

  1. US$100; OR
  2. the total amount actually paid by you to STARTORK for the Service during the twelve months immediately preceding the event giving rise to the claim.

THIS LIMIT APPLIES IN THE AGGREGATE TO ALL CLAIMS AND DOES NOT RESET BECAUSE OF MULTIPLE EVENTS, CLAIMS, USERS, THEORIES OF LIABILITY, OR PROCEEDINGS.

THESE LIMITATIONS APPLY REGARDLESS OF WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, MISREPRESENTATION, RESTITUTION, OR ANOTHER LEGAL THEORY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited, including where applicable liability for:

  • fraud;
  • fraudulent misrepresentation;
  • death or personal injury caused by negligence where such liability cannot lawfully be excluded; or
  • mandatory consumer rights.

If applicable law does not permit a particular exclusion or limitation, that exclusion or limitation applies only to the maximum extent permitted by that law, and the remaining provisions continue in effect.

19. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless STARTORK and its parents, subsidiaries, affiliates, directors, officers, employees, contractors, agents, licensors, service providers, and suppliers from third-party claims, actions, proceedings, losses, liabilities, damages, judgments, settlements, penalties, fines, and reasonable legal fees and costs arising out of or relating to:

  • your User Content;
  • your use or misuse of the Service;
  • your publication, distribution, commercialization, or other use of Output;
  • your violation of these Terms;
  • your violation of applicable law;
  • your infringement or violation of another person's intellectual-property, privacy, publicity, confidentiality, contractual, or other rights;
  • information you submitted without lawful authority;
  • fraud, abuse, harassment, or other unlawful conduct performed through your account;
  • your intentional circumvention of STARTORK safety, security, payment, access, age, or usage controls; or
  • claims by another person arising from content or information you provided through the Service.

STARTORK may assume control of the defense or settlement of a covered claim, acting reasonably, and you agree to provide reasonable cooperation.

You are not required to indemnify STARTORK for liability caused solely by STARTORK's own unlawful conduct to the extent applicable law prohibits such indemnification.

20. Privacy and AI model improvement

Our collection, use, disclosure, storage, retention, and protection of personal data are described in our Privacy Policy.

Use of eligible conversations for broader AI model evaluation or improvement is governed by the separate AI Model Improvement Notice & Consent.

AI model improvement is not authorized merely by accepting these Terms where STARTORK provides a separate optional consent mechanism.

If you do not opt in to AI model improvement, this does not prevent STARTORK from processing information as reasonably necessary to:

  • provide Rick;
  • generate responses;
  • personalize the Service;
  • maintain requested memories;
  • provide security;
  • prevent fraud and abuse;
  • operate subscriptions;
  • provide support;
  • comply with law; or
  • operate safety systems,

as described in our Privacy Policy.

21. Changes to these Terms

STARTORK may update these Terms as:

  • the Service changes;
  • our business changes;
  • technology evolves;
  • applicable law changes;
  • new functionality is introduced; or
  • new risks or operational requirements arise.

The current effective date will be displayed with these Terms.

For material changes, STARTORK will provide reasonable notice where required by applicable law, which may include notice:

  • through the Service;
  • through your account; or
  • by email.

Changes required to address security risks, abuse, technical requirements, legal requirements, or newly introduced functionality may take effect more quickly where reasonably necessary and legally permitted.

Where applicable law permits acceptance through continued use, your continued use of the Service after updated Terms become effective constitutes acceptance.

Where applicable law requires affirmative consent to a particular change, STARTORK will request it before that change becomes binding.

If you do not agree to updated Terms, you may stop using the Service and cancel future subscription renewal.

22. Governing law and dispute resolution

22.1 Governing law

These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of Singapore, without regard to conflict-of-law principles, except where mandatory applicable law provides otherwise.

Nothing in these Terms deprives you of any mandatory consumer protection, statutory right, or remedy that applies to you and cannot lawfully be waived by contract.

22.2 Informal dispute resolution

Before commencing arbitration or court proceedings, you and STARTORK agree to make reasonable good-faith efforts to resolve the dispute informally.

A party raising a dispute must provide the other party with written notice describing the dispute and the requested resolution. Notices to STARTORK must be sent using the contact information provided in Section 24.

The parties will have 60 days after receipt of the notice to attempt to resolve the dispute before commencing formal proceedings, except where immediate relief is reasonably necessary or applicable law provides otherwise.

22.3 United States consumers — arbitration agreement

IMPORTANT: IF YOU ARE AN INDIVIDUAL CONSUMER RESIDING IN THE UNITED STATES, THIS SECTION REQUIRES MOST DISPUTES BETWEEN YOU AND STARTORK TO BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT AS PROVIDED BELOW.

To the maximum extent permitted by applicable law, you and STARTORK agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, your account, any subscription, or your relationship with STARTORK will be resolved through individual binding arbitration.

The U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

The arbitration will be conducted before a single neutral arbitrator selected by mutual agreement or, if the parties cannot agree, appointed in accordance with applicable law.

Arbitration may be conducted remotely by video, telephone, written submissions, or another reasonably accessible method.

Except where mandatory applicable law requires otherwise, the arbitrator will apply the governing law specified in Section 22.1 to the merits of the dispute.

Nothing in this Section prevents either party from:

  • bringing an eligible individual claim in a small claims court;
  • seeking temporary or emergency injunctive relief from a court of competent jurisdiction where reasonably necessary; or
  • exercising any non-waivable right under applicable law to bring a particular claim in court.

22.4 Jury trial and class action waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR DISPUTES SUBJECT TO ARBITRATION UNDER THIS SECTION, YOU AND STARTORK WAIVE THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY IN COURT.

YOU AND STARTORK AGREE THAT SUCH DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION, EXCEPT TO THE EXTENT SUCH A WAIVER CANNOT LAWFULLY BE ENFORCED.

22.5 Arbitration opt-out

If you are an individual consumer, you may opt out of the arbitration agreement in Section 22.3 by providing STARTORK with written notice within 30 days after the date you first accept these Terms.

The notice must include sufficient information to identify your account and clearly state that you wish to opt out of the arbitration agreement.

The notice must be sent using the contact information provided in Section 24.

Opting out of arbitration will not affect your ability to access or use the Service.

22.6 Court proceedings

Where a dispute is not required to be resolved through arbitration, you and STARTORK agree, subject to any mandatory rights that cannot lawfully be waived, to submit to the exclusive jurisdiction of the courts of Singapore.

If applicable mandatory law gives you a non-waivable right to bring a particular claim in another jurisdiction, this Section does not eliminate that right.

22.7 Severability

If any portion of this Section 22 is determined to be invalid, unlawful, or unenforceable, that portion will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in effect to the maximum extent permitted by applicable law.

If a particular claim or remedy cannot lawfully be required to proceed in arbitration or on an individual basis, only that claim or remedy will proceed in court to the extent required by law, while the remaining arbitrable claims will remain subject to this Section to the maximum extent permitted by applicable law.

23. General contractual terms

23.1 Entire agreement

These Terms, together with policies and additional terms expressly incorporated into them, constitute the agreement between you and STARTORK regarding the Service and supersede prior agreements concerning the same subject matter.

23.2 Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary where permitted, and the remaining provisions will remain effective.

23.3 No waiver

Failure by STARTORK to enforce any provision does not constitute a waiver of that provision or of the right to enforce it later.

23.4 Assignment

You may not assign or transfer your account or your rights or obligations under these Terms without STARTORK's prior written consent.

STARTORK may assign or transfer these Terms, subject to applicable law, in connection with:

  • a merger;
  • acquisition;
  • corporate restructuring;
  • financing;
  • sale of assets;
  • reorganization; or
  • transfer of all or part of the Service or business.

23.5 Electronic communications

Where permitted by law, STARTORK may provide notices, disclosures, receipts, billing communications, and other communications electronically, including:

  • through the Service;
  • through your account; or
  • by email.

You are responsible for keeping your account contact information reasonably current.

23.6 No agency, partnership, or fiduciary relationship

These Terms do not create an:

  • employment relationship;
  • partnership;
  • joint venture;
  • franchise;
  • agency relationship;
  • fiduciary relationship; or
  • professional-client relationship

between you and STARTORK.

Rick's conversational behavior does not create such a relationship.

23.7 Force majeure

To the maximum extent permitted by law, STARTORK will not be responsible for delay, interruption, failure, or inability to perform obligations caused by events beyond its reasonable control, including:

  • internet or telecommunications failures;
  • cloud-provider failures;
  • AI-provider outages;
  • cyberattacks;
  • widespread infrastructure incidents;
  • natural disasters;
  • war;
  • terrorism;
  • civil disturbance;
  • government action;
  • legal restrictions;
  • labor disruption;
  • power failures; or
  • other comparable events.

23.8 Headings

Section headings are provided for convenience only and do not affect interpretation of these Terms.

24. Contact

Questions, legal notices, or support inquiries concerning these Terms may be sent to:

contact@startork.ai

Operator:

STARTORK PTE. LTD. 60 Paya Lebar Road, #05-09, Paya Lebar Square, Singapore 409051

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