Acceptance of the Terms of Service

These terms of use are entered into by and between You and Hollo AI ( "Company," “Hollo”, “Hollo AI”, "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use our online platform, including any content, functionality and services offered on or through Hollo AI ("Hollo AI"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use Hollo AI. By using Hollo AI, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [link to privacy policy], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use Hollo AI.

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Amendments to Terms of Service

Hollo AI reserves the right, at its sole discretion, to modify, suspend, or discontinue any part of our services or the content offered on Hollo AI at any time without prior notice. We also retain the authority to limit access to certain areas of Hollo AI or the entire platform as necessary. Such alterations may be due to maintenance, upgrades, legal compliance, or other operational decisions. We are not liable for any inconvenience or inability to access Hollo AI during these periods. Users are encouraged to periodically review the Terms of Service for updates that may impact their use of Hollo AI.

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Access and Registration to Hollo AI Services

To utilize Hollo AI or access certain resources, the creation of a registered account ("Account") is required. By establishing an Account, you covenant that all information provided during the registration process and thereafter will be accurate, current, and complete. Additionally, you are obligated to promptly update this information to maintain its accuracy, currency, and completeness.

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Account Security and Confidentiality

You are solely responsible for maintaining the confidentiality of your account credentials, including your username, password, and any other security information related to your Account. Such information must be treated as confidential and not disclosed to any third party. You acknowledge that the Account is personal to you and agree not to provide access to Hollo AI through your Account to others. You accept full responsibility for all activities conducted through your Account, irrespective of whether such activities are authorized by you.

In the event of any unauthorized use of your Account or any other breach of security, you must immediately notify us. You are advised to log out of your Account at the end of each session and exercise caution when accessing your Account from public or shared computers to prevent unauthorized access to your password and other sensitive information.

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Rights of the Company

Hollo AI reserves the right to disable any username, password, or other identifier, whether chosen by you or allocated by us, at any point, at our sole discretion, for any or no reason, particularly if you are deemed to have breached any provision of these Terms of Use.

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Age Restrictions and Parental Consent

No individual under the age of 13 may create an Account or use the services provided by Hollo AI. Minors under 18 years of age may only use Hollo AI with the explicit consent of a parent or legal guardian. It is required that your parent or guardian reviews and discusses these Terms with you prior to your use of Hollo AI.

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AI Twins Interaction and Limitations

Hollo AI provides a platform that enables users to create AI-driven digital representations known as AI Twins. These AI Twins are designed to simulate real individuals but are not actual persons. They are computational constructs that may resemble certain behaviors, appearances, and mannerisms of the individuals they are modeled after.

• Representation and Accuracy: It is important to understand that AI Twins are approximations and may not fully or accurately represent the real individuals they are meant to simulate. The actions, statements, and any form of interaction generated by AI Twins are based on algorithmic interpretations and should be considered artificial and for entertainment or illustrative purposes only.
• Usage and Reliance: Users are advised against relying on interactions with AI Twins for critical decision-making or as a basis for personal, financial, medical, or legal actions. Hollo AI explicitly disclaims any responsibility for decisions made based on information or interactions with AI Twins.
• Prohibited Creations: Consistent with ethical guidelines and to prevent misuse, the creation of AI Twins of certain categories of individuals, especially politicians and other influential public figures, is strictly prohibited. Any breach of this policy will result in immediate termination of the user’s account and may lead to further actions as deemed necessary.

By using Hollo AI, you acknowledge the limitations and agree to these terms, which aim to ensure a positive and responsible user experience. This acknowledgment is crucial for maintaining the ethical use of AI technologies and for protecting the rights and dignity of all individuals.

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Hollo Pages: Third-Party Links and Content

The Hollo Page may include or offer third-party links, including advertisements, sponsored links, and otherwise, for your convenience. It's important to note that Hollo AI has no control over the content of these external sites or the resources they provide.

• Content Responsibility: We do not endorse, nor are we responsible for, the accuracy, reliability, or appropriateness of any content, goods, or services available on or through any third-party sites. As such, any losses or damages you may incur due to your interaction with such third-party content are not our responsibility.
• Risk Acknowledgment: By choosing to access these third-party links, you do so at your own risk. The terms and conditions and privacy policies of these third-party sites will govern any interactions you have with them.

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Restrictions and Prohibited Activities

In utilizing the Hollo AI mobile application, which offers the innovative ability to create and interact with an AI twin, users are bound by certain restrictions to ensure safe, responsible, and legal use of our services. Below are activities that are expressly prohibited on the Hollo AI platform:

1. Illegal Use: Users may not use Hollo AI for any unlawful purposes, nor may they use it to facilitate illegal activities. This includes but is not limited to copyright infringement, breach of privacy, and storing or transmitting illegal material.
2. Infringement of Rights: Uploading, storing, or sharing content without having the necessary rights, licenses, consents, or releases is prohibited. This includes any content that infringes on intellectual property rights, privacy rights, or other proprietary rights of any party.
3. Misuse of Services: The services provided by Hollo AI are intended for personal, non-commercial use. Users are prohibited from misusing the services, including attempting to circumvent any usage rules embedded into the application or engaging in activities that aim to exploit or harm the application's functionality.
4. Impersonation or Misrepresentation: Users must not impersonate others or misrepresent their identities, affiliations, or the origin of any content. This includes creating an AI twin that impersonates another individual without their explicit consent.
5. Malicious Activities: Users are prohibited from transmitting any content that contains viruses, malware, or any other malicious or technologically harmful material. They must not attempt to gain unauthorized access to the Hollo AI service, the server on which Hollo AI is stored, or any server, computer, or database connected to Hollo AI.
6. Harassment or Harm: Users must not engage in behavior on the platform that is harmful, harassing, defamatory, or threatening toward other users or any individuals.
7. Exploitation of Minors: Hollo AI is committed to protecting the safety and well-being of minors. Users must not upload, store, or share content that exploits minors in any way.
8. Manipulation of Services: Users must not manipulate identifiers in order to disguise the origin of any message or post transmitted through Hollo AI. They must also not use the service to collect or harvest information about others without their explicit consent.
9. Interference with Service Operation: Attempting to interfere with, disrupt, or overload the operations of the services or the networks or services connected to Hollo AI is strictly prohibited.
10. Data Scraping and Harvesting: Users are prohibited from employing any robot, spider, scraper, or other automated means to access the Hollo AI application for any purpose without our express written permission. Additionally, the manual aggregation of data without explicit permission is forbidden, as is the use of any data mining, robots, or similar data gathering and extraction tools. This restriction is crucial to protect the integrity of the data and the performance of the Hollo AI services.
11. Proper Use of Communication Tools: Users must use the chat and call functionalities responsibly. The use of vulgar language, harassment, illicit content, threats, or any form of abuse through these communication channels is strictly prohibited. Users are expected to maintain a respectful and lawful interaction at all times, reflecting the community standards we uphold on Hollo AI.

Hollo AI reserves the right to enforce these prohibitions by suspending or terminating access to the service for users who are found to be in violation of these terms. Users are encouraged to report any violations of these prohibitions to ensure the platform remains safe and welcoming for all users.

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Content Standards

The content standards outlined below must be adhered to by all user contributions ("User Content") to ensure compliance with all relevant federal, state, local, and international laws and regulations:

• Content Restrictions: User Content must not include material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise deemed inappropriate.
• Prohibited Themes: User Content must not promote sexually explicit material, pornography, violence, or any form of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Intellectual Property: User Content must not violate any patent, trademark, trade secret, copyright, or other intellectual property rights of any party.
• Legal Compliance: User Content must not endorse or promote illegal activities, nor should it assist or advocate for such acts.
• Commercial Restrictions: User Content must not engage in or promote commercial activities including, but not limited to, contests, sweepstakes, trade, and advertising without authorization.
• Misrepresentation: User Content must not give the impression that it emanates from or is endorsed by Hollo AI or any other entity, unless such an endorsement is officially sanctioned.

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Data Collection and Use

By using Hollo AI, you consent to the collection and use of your personal information as outlined herein. We collect data necessary to provide and improve the AI Twin services, including your name, contact information, biometric identifiers (e.g., facial images and voice data), and any personal content you upload (such as photos, documents, and text messages). This data is used to create and manage your AI Twin, enhance user experience, provide customer support, and communicate important service and policy updates.

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Third-Party Sharing and Disclosure

Hollo AI may share your personal data with third-party service providers who perform services on our behalf, such as hosting, data analysis, and customer service. These third parties are permitted to use your data only in connection with these specific services. We may also disclose your information where required by law or to protect the rights, property, or safety of our users, the public, or Hollo AI.

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Security of Your Information

At Hollo AI, we prioritize the security of your personal data and the protection of your identity. We employ state-of-the-art security technologies and robust verification processes to safeguard your information against unauthorized access, alteration, and misuse. While no system can guarantee absolute security, we continuously update and test our security protocols to ensure the highest level of protection for your personal data.

Your privacy and trust are paramount to us, and we are committed to using industry-leading practices to keep your information secure. If you have any questions about the security of your data or our privacy practices, please contact our support team for assistance.

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User Rights

You have the right to access, correct, or delete your personal information maintained by Hollo AI. You have the right to manage your account in ways that include but are not limited to accessing, correcting, or deleting the personal information we hold about you. 

• Account Deactivation: You may choose to deactivate your account at any time. Deactivation will place your account in a suspended state, where your AI Twin and personal data are not deleted but will no longer be visible or active within the service.
• Account Deletion: If you decide to permanently delete your account, you can do so through the app settings. Deletion of your account will result in the removal of your personal data from our databases, along with any associated content, except to the extent that we are required to retain certain information by law. Please note, this process is irreversible.

We encourage you to manage your account settings directly through the app or contact our support team for assistance with any specific requests or concerns regarding your personal data.

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Ownership of Content and AI Twins

You retain ownership of all original content you create or upload to the platform, including text, images, personal information, and other materials used to create your AI Twin. Hollo AI does not claim any ownership rights over your content. Instead, we respect your rights to your intellectual property and only use such content as authorized by you under these Terms of Service to provide and enhance the services offered.

• Control and Management: You have full control over the creation, adjustment, and management of your AI Twin within the Hollo AI app. This includes the ability to update, modify, or delete any content and details associated with your AI Twin at your discretion.
• License to Hollo AI: By creating an AI Twin and providing content, you grant Hollo AI a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your content in any existing or future media. This license is solely for the purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our services, but only for as long as necessary to provide and improve the service.

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Ethical Use of AI Technologies

This section outlines the responsibilities and ethical standards expected of all users of the Hollo AI mobile app in relation to the use of artificial intelligence technologies. Hollo AI is committed to promoting the responsible and ethical use of AI technologies to ensure they contribute positively to societal, personal, and environmental well-being.

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Ethical Guidelines

1. Respectful Interaction: Users must interact respectfully with AI entities and fellow users. AI technologies should not be used to promote or engage in discrimination, harassment, or harm against individuals or groups based on race, gender, sexual orientation, religion, nationality, disability, or any other characteristic.
2. Integrity and Transparency: Users should strive for integrity and transparency in how they use AI technologies. Misrepresentation of AI capabilities or the creation of misleading or deceptive AI-generated content is strictly prohibited.
3. Privacy and Data Protection: Adherence to privacy and data protection laws is paramount. Users must respect the privacy rights of others and not engage in the unauthorized collection, sharing, or use of data, particularly personal or sensitive data.
4. Intellectual Property: Respect for intellectual property rights, including using AI technologies in a manner that does not infringe on the copyrights, patents, trademarks, or trade secrets of others.
5. Sustainability: Encouragement of using AI technologies in ways that promote environmental sustainability and reduce harmful impacts to ecosystems and biodiversity.
6. Accountability: Users are accountable for the outcomes of their use of AI technologies, including taking corrective action to mitigate any negative impacts.

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Reporting and Compliance

Hollo AI encourages users to report any unethical use of AI technologies observed within the platform. Hollo AI reserves the right to investigate such claims and take appropriate action, including modification, suspension, or termination of service.

By using the Hollo AI mobile app, users agree to abide by these ethical guidelines and contribute to a positive, productive, and harm-free AI experience.

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Payment and Subscription Fees

Certain services may require payment or a subscription. Payment terms are provided at the point of purchase and must be agreed upon before accessing paid features. You can cancel subscriptions according to the terms specified during purchase.

1. Subscription Fees:

When you subscribe to a paid plan with HOLLO AI, you will be charged monthly in advance, starting on the day you subscribe. The exact price will be based on the current pricing information displayed on our pricing page. Prices exclude VAT and other applicable taxes unless otherwise stated, and the total amount including taxes will be indicated at checkout.

Your subscription will automatically renew at the end of each billing cycle unless you decide to cancel. You can cancel your subscription at any time, and it will remain active until the end of your current billing period. Ensure your billing information is accurate and up-to-date to avoid interruptions.

2. Usage Limits:

Your plan's monthly limits, such as the chat limits must be used within the applicable term. Any unused limits do not carry over to the next month. 

3. Plan Changes:

If you upgrade your subscription, any unused limits from your previous plan will not transfer to the new plan. If you downgrade, your unused limits and tool abilities will not transfer. Any outstanding balance from "usage-based" billing will be charged immediately upon upgrading or downgrading your plan.

4. Refund Policy:

If you request a refund of your most recent payment within 30 days and limits and tools have been used during the period, you may be eligible for a refund. Contact info@hollo.ai for refund requests and further assistance.

5. Purchases:

For any purchases made through HOLLO AI, you may be required to provide relevant information such as your credit card number, expiration date, billing address, and shipping information. By submitting this information, you authorize HOLLO AI to provide it to third-party payment processors for transaction facilitation. HOLLO AI does not handle or process payments directly.

We reserve the right to refuse or cancel orders at any time due to product or service availability, errors in the description or price, or any suspected fraud or unauthorized transactions.

6. Changes in Fees:

We may periodically adjust subscription or transaction fees. If any changes are made, we will provide at least one month’s notice. If you disagree with the updated fees, you have the option to cancel your subscription before the next billing cycle begins.

7. Tax Requirements:

You are responsible for complying with applicable tax laws in your territory regarding the promotion of products or services through HOLLO AI. HOLLO AI takes no responsibility for any losses suffered due to non-compliance with local tax laws.

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Disclaimer

Hollo AI provides the mobile application and all associated services, programs, information, and materials on an "AS IS" and "AS AVAILABLE" basis. While we strive to offer reliable and updated information, users should be aware that the app may contain errors, inaccuracies, or omissions. The information and functionalities provided through Hollo AI are subject to change at any time without notice.

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Accuracy and Completeness

Hollo AI does not guarantee the completeness, timeliness, reliability, suitability, or accuracy of any information, services, programs, or materials available through the app. Users should not solely rely on this information for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this app is at your own risk.

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User Content

Hollo AI is not responsible for user-generated content and chatting messages made through the app. Users are solely responsible for their content, including the legality, reliability, appropriateness, and intellectual property ownership of such content.

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Service Modification and Availability

Hollo AI may make modifications, enhancements, and changes to the app or its services at any time for any reason. We do not guarantee that the app will operate continuously or will be available at all times. We are not liable for any availability interruptions.

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No Warranties

Hollo AI expressly disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Hollo AI does not warrant that the app will meet your requirements or that its operation will be uninterrupted or error-free.

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Risk of Use

Users assume the full risk of using the app. Hollo AI does not warrant that the app or any downloads from it will be free of viruses or contamination or destructive features.

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Limitation of Liability

To the maximum extent permitted by applicable law, Hollo AI, along with its affiliates, licensors, service providers, employees, agents, officers, and directors, shall not be liable for any form of damage or loss arising from your use of, or inability to use, the Hollo AI services. This includes but is not limited to:

• Types of Damages: Direct, indirect, special, incidental, consequential, or punitive damages, regardless of the nature of the claim, whether it be in tort, contract, or otherwise. Specific examples include:
  
  • Personal injury, pain, and suffering
  • Emotional distress
  • Economic losses, such as loss of revenue, profits, business, or anticipated savings
  • Non-economic losses, such as loss of goodwill or damage to reputation
  • Loss of data or interruption of service

Exclusions: The limitations set forth above apply even if Hollo AI has been advised of the possibility of such damages and notwithstanding any failure of the essential purpose of any limited remedy.

Legal Exceptions: The foregoing does not exclude or limit liability for any matter for which it would be illegal or unlawful for Hollo AI to exclude or limit its liability. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, as well as for fraud or fraudulent misrepresentation.

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Indemnity

You agree to defend, indemnify, and hold harmless Hollo AI and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by You of this TOS.

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Governing Law and Jurisdiction:

Applicability of Governing Law

This Terms of Service Agreement ("Agreement") for Hollo AI, a mobile application and AI-powered service provider, is governed by and construed in accordance with the laws of the United States of America and the State of California, without regard to its conflict of law principles. This Agreement is deemed to have been made within, and shall be fully enforceable in, the State of California where Hollo AI is based.

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Jurisdiction and Venue

You expressly agree that exclusive jurisdiction for any dispute with Hollo AI, or in any way relating to your use of the Hollo AI services, resides in the courts of the State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute, including any claim involving Hollo AI or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

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Dispute Resolution

Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in California. You waive any jurisdictional, venue, or inconvenient forum objections to such courts, as well as any right to a jury trial. This provision is intended to simplify and streamline the resolution of disputes that may arise between you and Hollo AI.

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Limitation on Claims

You must bring any claim or cause of action you may have against Hollo AI within two (2) years after the cause of action accrues; otherwise, such claim or cause of action is permanently barred. This limitation period ensures timely resolution and certainty for both parties.

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Exclusion of Uniform Computer Information Transactions Act (UCITA)

The provisions of the Uniform Computer Information Transactions Act (UCITA) or any similarly enacted state law shall not govern this Agreement. Both parties explicitly exclude all UCITA provisions from applying to this Agreement, relying instead on the laws of the State of California to interpret and enforce this Agreement.

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International Use and Compliance

Accessing the Hollo AI services from locations where their contents are illegal is prohibited. If you choose to access this site from such locations, you do so on your own initiative and are responsible for compliance with local laws.

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Evidence of Agreement

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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Contact and Notices

If you wish to receive a printed copy of this Agreement or if you have any questions about the governing laws, please contact Hollo AI directly. This ensures you have ready access to our terms and the means to discuss any aspects that may require clarification.

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Miscellaneous

This section of the Terms of Service ("TOS") addresses various additional legal and operational principles applicable to your use of the Hollo AI mobile app.

• Equitable Relief: You acknowledge that any violation or threatened violation of this TOS may cause irreparable harm to Hollo AI, harm that would be difficult to quantify. Consequently, Hollo AI is entitled to seek injunctive relief or other equitable remedies in a court of competent jurisdiction, without the obligation of posting a bond or other security.
• Non-Assignment: The rights and obligations under this TOS are personal to you. You may not transfer or assign them to anyone without prior written consent from Hollo AI.
• No Waiver: Failure by Hollo AI to enforce any provision of this TOS shall not be deemed a waiver of future enforcement of that or any other provision.
• Severability: If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the TOS shall continue in effect.
• Relationship: No joint venture, partnership, employment, or agency relationship exists between you and Hollo AI as a result of this TOS or your use of the Hollo AI mobile app.
• Entire Agreement: This TOS, together with the Hollo AI Privacy Policy, constitutes the entire agreement between you and Hollo AI regarding the mobile app and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Hollo AI.
• Headings: Headings are included for convenience only and shall not affect the interpretation of this TOS.

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