Refund Policy
QAYAI AI (“QAYAI,” “we,” or “us”) provides an AI Platform that generates content and images. By accessing or using our Platform, you agree to be bound by these Terms & Conditions (“Terms”), which include our Privacy Policy and any other terms, conditions, or guidelines that we may post or link to on our Platform. If you do not agree to these Terms, you are not authorized to use our Platform.
1. Creating a User Account for QAYAI
In order to create a User Account for QAYAI, you must meet the following requirements:
Be at least 18 years of age
Provide accurate and complete information as required by our User Account creation process, including a valid email address and a password. Consent to us contacting you about your User Account or our Platform and services, as outlined in our Privacy Policy
Please note that creating a User Account does not automatically qualify you to make investments on our platform. Some offers may be subject to restrictions based on their nature or the jurisdiction of investors. If you are located outside of New Zealand or Australia, we may only be able to allow you to invest where we are satisfied that we are legally able to do so, and this is at our sole discretion.
You agree to only create one User Account and not to register as a user under multiple personas. It is also your responsibility to keep the information associated with your User Account up to date and to maintain the confidentiality, security and control of any information or devices used to access your User Account.
2. Use of the Platform
You may use our Platform only for lawful purposes and in compliance with these Terms. You may not use our Platform:
In any way that violates any applicable federal, state, or international law or regulation
For the purpose of exploiting, harming, or attempting to exploit or harm others, including minors
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
To impersonate or attempt to impersonate QAYAI, a QAYAI employee, another user, or any other person or entity
We reserve the right to terminate or suspend your access to our Platform if you violate these terms or any applicable laws.
3. Content and Ownership
The content on our Platform, including text, images, and software, is the property of QAYAI and its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use any content on our Platform for commercial purposes without our express written consent.
4. User-Generated Content
Our Platform may allow you to upload, submit, or post content, including images and text. By uploading, submitting, or posting any content on our Platform, you represent and warrant that you have the right to do so and that such content does not violate any third-party rights or applicable laws. You grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
5. Third-Party Links
Our Platform may contain links to third-party websites or services. We do not control or endorse these third-party websites or services, and you agree that we are not responsible for their content or practices.
6. Disclaimer of Warranties
OUR PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR PLATFORM WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER.
7. Limitation of Liability
IN NO EVENT WILL QAYAI, ITS AFFILIATES, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
8. Indemnification
You agree to indemnify, defend and hold harmless QAYAI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Platform.
9. Governing Law and Jurisdiction
These Terms and your use of our Platform will be governed by and construed in accordance with the laws of the country in which our company is based, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding between QAYAI and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the country in which our company is based.
10. Dispute Resolution
Any dispute arising out of or related to these Terms or the use of our Platform shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the country in which our company is based. Any such dispute shall be resolved by a single neutral arbitrator and the arbitration shall be conducted in the country in which our company is based.
11. Miscellaneous
These Terms constitute the entire agreement between you and QAYAI regarding the use of our Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Platform.
13. Termination
We reserve the right to terminate or suspend your access to our Platform at any time, with or without notice, for any reason, including for violation of these Terms or for any other reason in our sole discretion.
14. Contact Us
If you have any questions or concerns about these Terms or our Platform, please contact us at hello@QAYAI.com