Terms & Conditions
Last updated: 29.07.2024
Acceptance of Terms
Welcome to Cocktail, operated by Digiapp Labs s.r.o. ("Company", "we", "us", or "our"). By accessing or using our services, which include interacting with virtual characters compiled from several neural networks such as ChatGPT and utilizing the Stable Diffusion neural network to generate images (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the Services.
Cocktail is offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age or are otherwise enabled to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
Description of Services
Cocktail provides a platform where users can interact with virtual characters. These characters are a compilation of several neural networks, including but not limited to ChatGPT and images generated using the Stable Diffusion neural network.
While we employ filters to prevent the generation of prohibited content, we are not responsible for the outputs generated by the neural networks (collectively referred to as "Contractors").
You shall not use content generated using the Services to:
(i) infringe the intellectual property or other proprietary rights of any party;
(ii) violate the privacy or safety of any person;
(iii) create unwanted or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
(iv) send threats, abuse, harass, torture, or bully any person;
(v) create defamatory or deliberately false statements or images with the intent to harm others;
(vi) incite hatred that degrades or encourages discrimination or violence based on race, ethnicity, gender, religion, age, or other social, physical, or mental characteristics;
(vii) create pornography;
(viii) promote sexual exploitation or abuse of a minor, including disseminating images or content related to sexual exploitation or abuse of children, grooming or sexual extortion;
(ix) glorify self-harm, including suicide or eating disorders;
(x) promote terrorism or violent extremism;
(xi) promote or encouraging criminal activity;
(xii) solicit the purchase or sale of illegal drugs;
(xiii) promote fully automated decision-making that adversely affects a person’s legal rights or creates a binding, enforceable obligation;
(xiv) purport to provide medical, legal, financial or tax advice;
(xv) interfere with or disrupt the Services, servers or networks connected to the Services,
(xvi) interfere with or misappropriate any person's right of publicity by using his or her name, likeness, or persona (a) without permission and (b) outside of an appropriate context such as non-commercial parody or public comment;
(xvii) in the sole judgment of Digiapp Labs s.r.o., is objectionable or restricts or inhibits any other person from using or enjoying the Services, or may expose Digiapp Labs s.r.o. or its users to any harm or liability.
User Accounts
To use the Services, you must create and use the Telegram account or download the Cocktail mobile app. We collect certain personal information, including your username, age, IP address, and Telegram ID. You agree to provide accurate, current, and complete information and to update it as necessary to maintain its accuracy.
You can learn more about how we collect, store and save your data in our Privacy Policy.
Payment Methods
Depending on the platform through which you access the Services, different payment methods may apply. These may include Google in-app payments, Telegram in-app payments, and Telegram Stars. You agree to comply with all applicable payment terms and conditions.
User Conduct
You agree to use the Services in compliance with all applicable laws and regulations. You are responsible for your interactions with the virtual characters and for any content you generate or transmit. You agree not to engage in any conduct that is harmful, unlawful, or violates the rights of others.
Content and Intellectual Property
All content generated by the Services, including but not limited to text and images created by the neural networks, is owned by or licensed to us. You may use the content for personal, non-commercial purposes only. You agree not to reproduce, distribute, modify, or create derivative works from any content without our prior written consent.
The technology and software underlying the Services or distributed in connection therewith are the property of Cocktail, our affiliates and our partners.You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Cocktail.
Disclaimers
The Services are provided "as is" and "as available." We make no warranties, express or implied, regarding the Services or the content generated by the neural networks. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components. We are not responsible for any content generated by the neural networks.
Furthermore, there is no assurance that this website, the Services or the server that makes it available are free of viruses or other harmful components, or that any information obtained through the Services will meet your needs or expectations.
Limitation of Liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages. Our total liability to you for any claims arising from your use of the Services is limited to the amount you paid us, if any, for access to and use of the Services.
Indemnification
You agree to indemnify, defend, and hold harmless Digiapp Labs s.r.o., its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of another.
Privacy Policy
Our collection and use of your personal information are governed by our Privacy Policy. By using the Services, you consent to the collection and use of your information as outlined in the Privacy Policy.
Changes to Terms
We may update these Terms from time to time at our sole discretion. We will notify you of any changes by posting the new Terms on our website and updating the effective date.
You are expected to, and agree to, check this page each time you access the Services, so you are aware of any changes, as they are binding on you. Your continued use of the Services after the posting of any changes constitutes your acceptance of the new Terms.
Governing Law
These Terms are governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or the Services will be resolved in the courts of Prague, Czech Republic.
However, we reserve the right to bring legal action against you for breaching these Terms of Use in your country of residence or any other relevant country. By agreeing to these Terms of Use, you waive any objections to the jurisdiction and venue of such courts.
Entire Agreement
These Terms constitute the entire agreement between you and us regarding the use of the Services. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Termination
We reserve the right to terminate or suspend your access to the Services at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.
By using Cocktail, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
Your comments and concerns
Cocktail is operated by Digiapp Labs s.r.o., headquartered at Miloticka 479/8, 155 21 PRAHA 517, city Prague, Czech Republic.
All feedback, comments, requests for technical support, and other communications relating to the Services or this website should be directed to: hello@thecocktail.app
Welcome to Cocktail, operated by Digiapp Labs s.r.o. ("Company", "we", "us", or "our"). By accessing or using our services, which include interacting with virtual characters compiled from several neural networks such as ChatGPT and utilizing the Stable Diffusion neural network to generate images (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the Services.
Cocktail is offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age or are otherwise enabled to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
Description of Services
Cocktail provides a platform where users can interact with virtual characters. These characters are a compilation of several neural networks, including but not limited to ChatGPT and images generated using the Stable Diffusion neural network.
While we employ filters to prevent the generation of prohibited content, we are not responsible for the outputs generated by the neural networks (collectively referred to as "Contractors").
You shall not use content generated using the Services to:
(i) infringe the intellectual property or other proprietary rights of any party;
(ii) violate the privacy or safety of any person;
(iii) create unwanted or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
(iv) send threats, abuse, harass, torture, or bully any person;
(v) create defamatory or deliberately false statements or images with the intent to harm others;
(vi) incite hatred that degrades or encourages discrimination or violence based on race, ethnicity, gender, religion, age, or other social, physical, or mental characteristics;
(vii) create pornography;
(viii) promote sexual exploitation or abuse of a minor, including disseminating images or content related to sexual exploitation or abuse of children, grooming or sexual extortion;
(ix) glorify self-harm, including suicide or eating disorders;
(x) promote terrorism or violent extremism;
(xi) promote or encouraging criminal activity;
(xii) solicit the purchase or sale of illegal drugs;
(xiii) promote fully automated decision-making that adversely affects a person’s legal rights or creates a binding, enforceable obligation;
(xiv) purport to provide medical, legal, financial or tax advice;
(xv) interfere with or disrupt the Services, servers or networks connected to the Services,
(xvi) interfere with or misappropriate any person's right of publicity by using his or her name, likeness, or persona (a) without permission and (b) outside of an appropriate context such as non-commercial parody or public comment;
(xvii) in the sole judgment of Digiapp Labs s.r.o., is objectionable or restricts or inhibits any other person from using or enjoying the Services, or may expose Digiapp Labs s.r.o. or its users to any harm or liability.
User Accounts
To use the Services, you must create and use the Telegram account or download the Cocktail mobile app. We collect certain personal information, including your username, age, IP address, and Telegram ID. You agree to provide accurate, current, and complete information and to update it as necessary to maintain its accuracy.
You can learn more about how we collect, store and save your data in our Privacy Policy.
Payment Methods
Depending on the platform through which you access the Services, different payment methods may apply. These may include Google in-app payments, Telegram in-app payments, and Telegram Stars. You agree to comply with all applicable payment terms and conditions.
User Conduct
You agree to use the Services in compliance with all applicable laws and regulations. You are responsible for your interactions with the virtual characters and for any content you generate or transmit. You agree not to engage in any conduct that is harmful, unlawful, or violates the rights of others.
Content and Intellectual Property
All content generated by the Services, including but not limited to text and images created by the neural networks, is owned by or licensed to us. You may use the content for personal, non-commercial purposes only. You agree not to reproduce, distribute, modify, or create derivative works from any content without our prior written consent.
The technology and software underlying the Services or distributed in connection therewith are the property of Cocktail, our affiliates and our partners.You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Cocktail.
Disclaimers
The Services are provided "as is" and "as available." We make no warranties, express or implied, regarding the Services or the content generated by the neural networks. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components. We are not responsible for any content generated by the neural networks.
Furthermore, there is no assurance that this website, the Services or the server that makes it available are free of viruses or other harmful components, or that any information obtained through the Services will meet your needs or expectations.
Limitation of Liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages. Our total liability to you for any claims arising from your use of the Services is limited to the amount you paid us, if any, for access to and use of the Services.
Indemnification
You agree to indemnify, defend, and hold harmless Digiapp Labs s.r.o., its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of another.
Privacy Policy
Our collection and use of your personal information are governed by our Privacy Policy. By using the Services, you consent to the collection and use of your information as outlined in the Privacy Policy.
Changes to Terms
We may update these Terms from time to time at our sole discretion. We will notify you of any changes by posting the new Terms on our website and updating the effective date.
You are expected to, and agree to, check this page each time you access the Services, so you are aware of any changes, as they are binding on you. Your continued use of the Services after the posting of any changes constitutes your acceptance of the new Terms.
Governing Law
These Terms are governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or the Services will be resolved in the courts of Prague, Czech Republic.
However, we reserve the right to bring legal action against you for breaching these Terms of Use in your country of residence or any other relevant country. By agreeing to these Terms of Use, you waive any objections to the jurisdiction and venue of such courts.
Entire Agreement
These Terms constitute the entire agreement between you and us regarding the use of the Services. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Termination
We reserve the right to terminate or suspend your access to the Services at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.
By using Cocktail, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
Your comments and concerns
Cocktail is operated by Digiapp Labs s.r.o., headquartered at Miloticka 479/8, 155 21 PRAHA 517, city Prague, Czech Republic.
All feedback, comments, requests for technical support, and other communications relating to the Services or this website should be directed to: hello@thecocktail.app