Terms of Service

Last updated: 2024-05-01

This agreement ("Agreement") is entered into by and between you ("User" or "Developer") and Peekaboo Game Limited ("Company", "We", "Us", or "Our"), a Hong Kong limited liability company. By using our services, you are agreeing to these terms. Please read them carefully.

1. SERVICES

HoloTalk AI is an AI model aggregator, providing an API and a chat interface at holotalkai.com ("Services"). The API can be used by developers to interact with a variety of large language models, generative image models, and generative 3D object models. Applications that developers build can be shown publicly on HoloTalk AI.

HoloTalk AI is in beta; we may change or discontinue any part of the Services at any time, including the availability of certain models.

If an official HoloTalk AI model needs to be removed, you can expect the following:

We will provide a notification in the HoloTalk AI community Discord server.
For a certain period of time, we will re-route requests for that model to another model of similar price and capability.
After a grace period of at least 2 weeks, we will stop re-routing requests for that model and will return a 404 error instead.

2. USERS AND DEVELOPERS

For the purpose of this Agreement, "Users" are individuals who interact with AI models and generate content with them. "Developers" are individuals or entities who build on top of HoloTalk AI's APIs. Either party can pay for model usage.

3. OBLIGATIONS

Use of HoloTalk AI by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these HoloTalk AI Terms of Service and affirm that they accept these Terms on your behalf and bear responsibility for your use. Bots accessed via HoloTalk AI may produce content that is not suitable for minors. If you are accepting these OpenRouter Terms of Service on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to these Terms.

You agree not to use HoloTalk AI to:

Violate the rights of another party or any applicable laws; Violate any of these Terms or our policies, or policies of third-party providers that power the models on HoloTalk AI, which can be found by visiting the documentation. Reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of HoloTalk AI, the models, or their underlying technologies; Abuse, harm, interfere with, reverse engineer, or disrupt HoloTalk AI, the models, or their underlying technologies, such as by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing any protective measures; Use HoloTalk AI or the models in a prohibitied fashion, such as by exceeding any rate limits set forth by us from time to time, or by repeatedly creating accounts without paying for access; Use any method to extract data from HoloTalk AI, including web scraping, web harvesting, or web data extraction methods, other than as permitted by these HoloTalk AI Terms of Service; or Represent that HoloTalk AI-Generated Content is human-generated.

4. PAYMENT

Developers can pay for models themselves, or they can have Users pay by using the OAuth flow to let Users sign in with their HoloTalk AI settings and billing. Pricing for models is available here, and varies by model and whether a discount is applied.

Users can pay for models by purchasing credits using a payment card. Credits are non-refundable. Credits can be used to pay for models, and can be topped up at any time. While HoloTalk AI is in beta, credits may expire 12 months after purchase.

HoloTalk AI uses Stripe to securely process payments. See their terms of service. Stripe payments have a total fee of 5% + $0.35. This is comprised of: Stripe's fee of 4.4% + $0.32, to cover their baseline fee, fraud check (Radar's $0.02) and international conversion fees (1.5%). HoloTalk AI's fee of 0.6% + $0.03. In the event that we receive a fraud dispute on one of your payments, or any chargeback related to fraud, you will lose credits equal to the amount of the chargeback plus the fee levied by Stripe for handling the dispute (currently $15).

If you are a business and would like invoices for each payment, Stripe charges an additional fee of0.4% per invoice, capped at $2 per transaction.

We may change our pricing at any time. If we do, we will provide notice of the change on the HoloTalk AI website or Services.

5. INTELLECTUAL PROPERTY RIGHTS

By using our Services, no intellectual property rights are transferred to the User or Developer. All rights, titles, and interests in and to the Services, including any software, technology or processes, belong solely to Peekaboo Game Limited.

All material that you upload, publish, or display within HoloTalk AI, and any results that you receive in response to your prompts (or other inputs) from models accessible via HoloTalk AI ("Model-Generated Content"), will collectively be considered “Your Content.” You retain ownership of Your Content.

6. DISPUTE RESOLUTION

Any disputes arising out of or relating to these Terms of Service, or your relationship with HoloTalk AI under these Terms of Service, shall be resolved by binding arbitration. This Agreement is governed by and construed in accordance with the laws of the state of Hong Kong, without giving effect to any principles of conflicts of law.

7. PRIVACY POLICY

Our Privacy Policy is a separate document that explains how we collect, use, and protect User information. It forms part of these Terms of Service and is incorporated herein by reference.

8. LIABILITY

Peekaboo Game Limited is not liable for any damages, loss, or problems that arise out of or are related to the use of its Services.

9. MODIFICATION

We may modify these Terms of Service at any time without notice. Your continued use of our Services following the posting of changes will mean that you accept and agree to the changes.

10. TERMINATION

We may terminate your use of the Services at any time and for any reason, including for a violation of these Terms of Service, upon providing notice to you. You may terminate your use of the Services at any time by ceasing to use our Services.

Upon termination, all rights and obligations will be extinguished other than such rights and obligations which by their nature should survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.