Last Updated: [January 1, 2025]
1. Definitions
For the purposes of these Terms:
- “AI Meerkat,” “we,” “us,” “our” refers to Fountains (sole proprietorship), located at 2F, Concordian, 76, Saemunan-ro, Jongno-gu, Seoul, Republic of Korea.
- “User,” “you,” “your” refers to any individual or entity accessing or utilizing the Services.
- “Services” or “Platform” refers to the website, associated tools, AI functionalities, and any other features made available by AI Meerkat.
- “Prompts” refers to any text or information submitted by you for AI processing.
- “Outputs” refers to the text-based (or future media-based) content generated by our AI in response to your Prompts.
- “Terms,” “TOS,” or “Agreement” refers to these Terms of Service.
2. Introduction and Acceptance
- Operator: AI Meerkat is owned and operated by Fountains, a sole proprietorship.
- Contact Information: Any inquiries regarding these Terms may be directed to Taewoo.Kim@fntns.com.
- Acceptance of Terms: By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not consent to these Terms, you may not access or use the Services.
- Age Requirement:
- No individual under thirteen (13) years of age may create an account or otherwise use the Services.
- If you are between thirteen (13) and eighteen (18) years of age, you represent that you have the permission of your parent or legal guardian to use the Services.
- We reserve the right to suspend or terminate any account if we discover that an individual under thirteen (13) has accessed or used the Services.
3. Scope of Services
- Overview: AI Meerkat provides text-based AI Agents, training resources, insights, and other functionalities to assist with personal or business tasks.
- Future Paid Features: The Services are currently provided free of charge. We reserve the right to introduce paid memberships or subscription-based services in the future. Should such paid features be introduced, we will update these Terms and provide information regarding subscription fees, billing cycles, refund policies, and other applicable terms.
- Global Accessibility: AI Meerkat is accessible globally; however, you agree to comply with the laws and regulations of your jurisdiction when using the Services.
4. User Account Creation and Responsibilities
- Registration: To create an account, you may be required to provide a username, first name, last name, email address, and password. You represent and warrant that the information you provide is accurate and complete.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. If you become aware of any unauthorized use of your account, please notify us immediately at contact@aimeerkat.com.
- Termination: We may suspend or terminate your account in our sole discretion if we believe you have violated these Terms, engaged in prohibited activities (as outlined in Section 8), or remained inactive for an extended period.
5. Third-Party Services and Data Flow
- WordPress.com and Related Plugins:
- AI Meerkat is hosted on WordPress.com, a service provided by Automattic. Your data and interactions may be processed by or shared with WordPress.com.
- We utilize various third-party plugins (including but not limited to Jetpack, CookieYes, SureTriggers) to provide additional functionalities.
- Disclaimer: We do not control, endorse, or assume liability for the availability, accuracy, or practices of such third-party providers. Each plugin may be governed by its own terms and privacy policies.
- OpenAI Integration:
- All Prompts you submit through AI Meerkat are forwarded to OpenAI’s API for processing.
- By using our AI features, you also agree to OpenAI’s Terms of Use.
- We do not store your Prompts or Outputs on our servers; they are transmitted directly to OpenAI. Should our data storage practices change, we will update these Terms or issue a separate notice.
- Analytics and Logs:
- We, and/or our third-party service providers, may collect certain usage data (including but not limited to IP addresses, browser information, and interaction logs) to perform analytics, troubleshoot issues, and enhance user experience.
- By using the Services, you consent to such data collection.
- Data Processing Agreement (DPA):
- For EU/EEA users, a separate Data Processing Agreement is available upon request to ensure compliance with GDPR requirements.
6. User Content and License
- Prompts and Outputs:
- You retain all rights to your Prompts and Outputs, subject to OpenAI’s policies and applicable law.
- AI Meerkat does not claim any ownership rights to your Prompts or Outputs beyond what is necessary to facilitate AI processing.
- We do not publicly store or display your Prompts/Outputs except as may be required to provide the Services or as required by law.
- Additional User-Uploaded Materials:
- Should you upload or share text or images beyond your private AI Prompts (e.g., community postings, forums, or comments), you represent and warrant that you have all necessary rights or consents to share such material.
- We reserve the right, in our sole discretion, to remove or disable access to any user-submitted content that we believe violates these Terms, infringes intellectual property rights, or breaches any applicable law.
- License Grant:
- By submitting Content to AI Meerkat, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your Content solely for the purpose of providing and improving the Services.
- No Use for AI Training:
- We do not use user-provided Content to train our own AI models or share it with third parties.
7. Copyright Complaints
- Reporting Alleged Infringement:
- If you believe material hosted on AI Meerkat infringes any copyright or other intellectual property rights, please send a detailed notice to Taewoo.Kim@fntns.com, including:
- Identification of the copyrighted work or intellectual property claimed to be infringed;
- Identification of the allegedly infringing material hosted on our Services;
- Your name, contact information, and a statement that you have a good-faith belief that the disputed use is not authorized;
- A statement that the notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.
- If you believe material hosted on AI Meerkat infringes any copyright or other intellectual property rights, please send a detailed notice to Taewoo.Kim@fntns.com, including:
- Response:
- Upon receipt of a proper notice, we will investigate and, at our sole discretion, remove or disable access to infringing content if appropriate.
- Repeat Infringers:
- We reserve the right to suspend or terminate accounts that repeatedly or egregiously infringe intellectual property rights.
8. Prohibited Uses and Conduct
You agree not to use AI Meerkat in any manner that:
- Violates Laws: Engage in any unlawful activity or post content that is fraudulent or otherwise violates any local, state, federal, or international law.
- Harasses or Hars Demands: Threaten, harass, defame, or encourage violence against any individual or group; or promote bigotry, hatred, or physical harm.
- Sexual or Child Exploitation: Create, upload, or distribute content involving sexualization of minors, sexual violence, or explicit pornography.
- Hate Speech: Publish or disseminate content that attacks or demeans individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or similar characteristics.
- Self-Harm: Promote or encourage suicide, self-injury, or other forms of self-harm.
- Terrorism or Crime: Endorse or facilitate acts of terrorism, violent extremism, or other criminal conduct.
- Deceptive or Misinformation: Deliberately create or propagate false or misleading information intended to defraud or mislead others (e.g., deepfakes, impersonation).
- Spam or Unauthorized Advertising: Transmit unsolicited messages, spam, chain letters, or any unauthorized commercial communication.
- Infringement: Upload or transmit any material that infringes a third party’s intellectual property, privacy, or publicity rights.
- Security Violations: Upload or otherwise introduce malware, viruses, or any material designed to disrupt or compromise the security of the Services or third-party systems.
- Bots and Automation: Use bots, scrapers, or similar automated tools to access or exploit the Services beyond ordinary usage, or in a manner that disrupts the experience of others.
- Disrupt Others’ Experience: Harass, stalk, or invade the privacy of other users, or otherwise interfere with their ability to use the Services.
Enforcement
- Right to Remove Content: AI Meerkat reserves the right to remove any Content that violates these Terms or is deemed objectionable in its sole discretion.
- Account Suspension or Termination: We may suspend or terminate your access to the Services without prior notice if you engage in any prohibited activities.
- Appeal Process: If you believe your Content was removed in error, you may contact us at Taewoo.Kim@fntns.com to request a review.
9. Disclaimers of Warranties
- As Is, As Available: The Services are provided on an “as is” and “as available” basis, without any representations or warranties of any kind, whether express, implied, or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
- AI Accuracy and Limitations: You acknowledge that AI-generated Outputs may be incomplete, inaccurate, or biased, and you accept full responsibility for how you interpret or act upon such Outputs.
- No Guarantee: We do not warrant uninterrupted, secure, or error-free operation of the Services, nor do we guarantee that any defects will be corrected.
10. Limitation of Liability
- Exclusion of Certain Damages: To the maximum extent permitted by applicable law, in no event shall AI Meerkat (Fountains), its proprietor, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, data, business, or goodwill), arising out of or in connection with your use of or inability to use the Services.
- Liability Cap: Our total liability for any claims related to the Services or these Terms shall not exceed the greater of USD $100 or the amount you have paid to us (if any) in the past six (6) months.
- No Liability for Third Parties: We disclaim all liability for services or content provided by third parties, including WordPress.com and OpenAI, over which we have no direct control.
11. Indemnification
You agree to indemnify, defend, and hold harmless AI Meerkat (Fountains) and its proprietor, officers, employees, and agents from and against any and all claims, liabilities, losses, damages, or expenses (including attorneys’ fees) arising out of or relating to:
- Your breach of these Terms;
- Your misuse of the Services, including Prompts or Outputs;
- Your infringement of any third party’s intellectual property or other rights;
- Any Content you submit or make available through the Services.
12. Modifications and Termination
- Modifications to Terms: We reserve the right to revise or update these Terms at any time. Any such changes become effective upon posting. Your continued use of the Services following the posting of revised Terms constitutes acceptance of those changes.
- Termination: We may suspend or terminate your account or access to the Services at our sole discretion if we believe you have violated these Terms or engaged in misconduct. You may terminate your account at any time by contacting us.
13. Governing Law and Dispute Resolution
- Governing Law: These Terms and any disputes arising hereunder shall be governed by the laws of the Republic of Korea, without regard to conflict-of-law provisions.
- Venue: All claims and disputes shall be subject to the exclusive jurisdiction of the competent courts located in Seoul, Republic of Korea, and the parties hereby consent to personal jurisdiction therein.
14. Privacy and Data Collection
- Prompt Storage: We currently do not store your Prompts or AI Outputs; they are transmitted directly to OpenAI for processing. Should our data storage practices change, we will update these Terms or issue a separate notice.
- Usage Data: We may collect and process certain usage data (including IP addresses, logs, and device information) to monitor, analyze, and improve the Services.
- Data Processing Agreement (DPA): For EU/EEA users, a separate Data Processing Agreement is available upon request to ensure compliance with GDPR requirements.
- Privacy Policy: A comprehensive Privacy Policy detailing our data collection, usage, and protection practices is available at [Privacy Policy URL]. By using the Services, you consent to the practices described therein.
15. Survival and Severability
- Survival: Sections concerning limitation of liability, indemnification, intellectual property, and dispute resolution shall survive any termination or expiration of these Terms.
- Severability: If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions will remain valid and enforceable to the fullest extent permitted by law.
16. Miscellaneous Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and AI Meerkat regarding the Services and supersede any prior or contemporaneous written or oral agreements.
- No Waiver: Our failure to enforce any right or provision herein shall not constitute a waiver of such right or provision.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms at our discretion.
- Headings: Section headings are provided for convenience only and do not affect the interpretation of these Terms.
17. Contact Information
Should you have any questions, concerns, or notices to provide under these Terms, you may contact us at:
contact@aimeerkat.com
Fountains (Sole Proprietorship)
2F, Concordian, 76, Saemunan-ro, Jongno-gu, Seoul, Republic of Korea
By accessing or using AI Meerkat, you represent that you have read, understood, and consent to be bound by these Terms of Service.