Terms of service

Last updated: 2nd October 2024

These Terms of Service (“Terms”) are an agreement formed between you (“You”) and Utility3 Ltd, with registered address at 10 Greek Street, London, W1D 4DH, United Kingdom (Trading as Oh) (“Company”, “we”, or “us”). These Terms cover the website available at chat.oh.xyz (the “Website”), the related applications (the “App”) operated on behalf of Oh, and any content, tools, features, and functionality offered on or through our Website and App (collectively, the “Services”).

 

  1. Acceptance of Terms

These Terms govern your access to and use of the Services. Please read them carefully, as they include important information about your legal rights. By accessing and/or using the Services, you’re agreeing to these Terms. If you don’t understand or agree to these Terms, please don’t use the Services.

For purposes of these Terms, “you” and “your” refer to you as the user of the Services. If you use the Services on behalf of a company or other entity, then “you” includes both you and that entity. You represent and warrant that:

  • (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms.
  • (b) you agree to these Terms on the entity’s behalf.

Note: These Terms contain an arbitration clause and class action waiver. By agreeing to these Terms, you agree:

  • (a) to resolve all disputes with us through binding individual arbitration, which means you waive any right to have those disputes decided by a judge or jury.
  • (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained below.

 

  1. Use of the Services

2.1 Your Registration Obligations

You may need to register to access and use certain features of the Services. If you register, you agree to provide accurate and complete information about yourself. Registration data and other information about you are governed by our Privacy Policy. If you are under 18 years old, you are not authorized to register for the Services.

2.2 Member Account, Password, and Security

You are responsible for maintaining the confidentiality of your account. 

You agree to:

  • (a) promptly notify Utility3 Ltd of any unauthorized use of your account or any other security breach.

  • (b) ensure you log out from your account at the end of each session. Utility3 Ltd will not be responsible for any loss or damage resulting from your failure to comply with this section.

     

  1. Characters

We provide AI-powered characters for personalized virtual erotic encounters and/or relationships including but not limited to text message, voice message and image exchanges. By using our Services, users acknowledge and agree that we cannot guarantee the accuracy or reliability of our Services and cannot be held liable for any damages or losses resulting from their use. We also cannot guarantee uninterrupted availability of our Services due to scheduled downtime or disruptions.
 

  1. Currency

Our Services make use of an in-platform virtual credit called OH credits (“credit”) to track the usage and monetize different generative AI services. The credit can be exchanged to receive text message, voice messages and images in the character conversations. We reserve the right to freely determine the amount of currency required in exchange for our Services. These generations are automatically rendered when using our Services, and we do not offer any refunds if they were rendered without explicit request by the user in the case of the platform misunderstanding a request. 

 

  1. Modifications to Site

Utility3 Ltd may modify or discontinue the Services, in whole or in part, without notice. You agree that Utility3 Ltd will not be liable to you or any third party for any such modifications or discontinuance.

 

  1. General Practices Regarding Use and Storage

Utility3 Ltd may set general practices and limits on the use of the Services, including data retention periods and storage space allotments. You agree that Utility3 Ltd is not responsible for the deletion or failure to store any data or content. Utility3 Ltd may terminate inactive accounts and change these general practices at any time, with or without notice.

 

    7. Conditions Of Use

In addition to our Acceptable Use Policy (“AUP”), you agree to certain conditions when using the Services. You are responsible for all content you upload, post, or otherwise transmit via the Services. Utility3 Ltd may take action against users who violate these provisions, including content removal and account suspension.

You agree not to use the Services to:

  • Upload or transmit prohibited content.
  • Request or intentionally attempt to generate prohibited content of any kind; specifically of underage, violent, non-consensual or otherwise banned and illegal acts
  • Violate any laws, regulations, or other requirements.
  • Misrepresent your identity or affiliation.
  • Solicit personal information from the bots.
  • Harvest user information for unsolicited communications.
  • Engage in unauthorized advertising or sales.
  • Promote or take part in illegal activities.
  • Intentionally attempt to bypass security measures or content restrictions
  • Use the Services in any manner that infringes on rights or violates laws.

 

  1. Subscription, Payment and Cancellation: 

We offer pay-as-you-go and subscription-based payments. Users agree to pay the fees and charges associated with their chosen Service. We reserve the right to change the credit subscriptions and pricing without notice, and we cannot be held liable for any changes made. We also reserve the right to modify or terminate our Services at any time.

Users can cancel their credit subscription at any time by accessing their Wallet on the OhChat platform. Our Services will continue to be available to them in the event of a cancellation, but we will not refund any unused credits. By subscribing to our credit subscription, users agree to our terms and conditions, including this cancellation clause. We do not guarantee refunds and will only grant them at our sole discretion and subject to certain conditions. To be eligible for a refund, users must have a valid email address tied to their account and contact us via email on hello@oh.xyz.

  

  1. Website or Services Content, Software, and Trademarks

You acknowledge and agree that the Website or Services may contain content or features (“Site Content”) that are protected by intellectual property laws. In connection with your use of the Website or Services, you must not engage in data mining or similar automated methods. If Utility3 Ltd blocks your access to the Website or Services, you agree not to circumvent such blocking. Unauthorized use of the Website, Services, or Site Content is strictly prohibited. All rights reserved by Utility3 Ltd.

The OhChat name and logos are trademarks of Utility3 Ltd (collectively the “Oh Trademarks”). Other trademarks on the Website or Services may belong to their respective owners. Nothing in these Terms grants any rights to Utility3 Ltd Trademarks without prior written permission. All goodwill from the use of Utility3 Ltd Trademarks benefits Utility3 Ltd exclusively.

9.1 Third Party Material 

Utility3 Ltd is not liable for any third-party content or materials, including “jailbroken” characters and their generated content. This includes any infringement, errors, omissions, or related loss or damage. Utility3 Ltd may refuse or remove content at its sole discretion but has no obligation to pre-screen content. You bear all risks associated with the use of content.

9.2 Submissions

Any questions, comments, suggestions, ideas, feedback, or other information provided by you to Utility3 Ltd is non-confidential. Utility3 Ltd may use and disseminate these Submissions without acknowledgment or compensation.

9.3 Content Preservation and Disclosure

Utility3 Ltd may preserve and disclose content and/or metadata as required by law or for purposes such as enforcing these Terms, responding to claims, or protecting the rights and safety of Utility3 Ltd its users, and the public. You understand that processing and transmission of content may involve various networks and changes to conform to technical requirements.

 

  1. Complaints Policy

Utility3 Ltd takes the integrity and safety of our services seriously. While we employ rigorous measures to ensure that illegal or inappropriate content is not generated, we recognize the importance of addressing any concerns that may arise. This policy outlines the steps for users to report complaints regarding content generated through our platform.

10.1 Reporting Complaints

If you believe any content on OhChat violates the law, our standards, or otherwise causes concern, you may submit a complaint. This includes, but is not limited to, content that:

  • Is illegal or harmful
  • Violates intellectual property rights
  • Involves harassment, discrimination, or otherwise inappropriate material

Complaints should be sent to hello@oh.xyz. When submitting a complaint, please provide the following information:

  • A detailed description of the content in question
  • The URL or location where the content can be found on our platform
  • A clear explanation of the violation or concern
  • Any relevant supporting documentation (if applicable)

10.2 Complaint Review Process

Once a complaint is submitted:

  • We will acknowledge receipt of your complaint within 48 hours.
  • Our team will review the complaint and assess whether the content in question violates our standards or any applicable laws.
  • Complaints will be investigated and resolved within seven (7) business days from the date of submission.
  • If necessary, we will take appropriate action, which may include removing or restricting access to the content.

10.3 Appeals Process for Depicted Individuals

Any individual depicted in content, including images or videos, generated through our platform has the right to appeal for the removal of such content. 

To submit an appeal:

  • Contact us at hello@oh.xyz with a clear request for removal and relevant information about the content.
  • We will review the appeal and respond with a decision within seven (7) business days.
  • If the appeal is upheld, the content will be removed from our platform.

10.4 Follow-Up and Resolution

We are committed to ensuring a safe and compliant environment for all users. Upon resolving a complaint, we will notify the complainant of the outcome and any actions taken.

 

  1. Content Removal

Utility3 Ltd strives to provide a safe and respectful platform. To maintain the integrity of our services, we have established clear guidelines for the removal of content that violates our standards or legal obligations. This below outlines the circumstances under which content may be removed and the process for doing so.

11.1 Grounds for Content Removal

Content may be removed from OhChat for the following reasons:

  • Violation of Legal Requirements: Content that violates local, national, or international laws (e.g., illegal material, infringement of intellectual property rights, content depicting illegal activities).
  • Violation of Community Standards: Content that breaches our community guidelines, including but not limited to:
    • Harassment or abuse
    • Discriminatory or hate speech
    • Content involving minors
    • Violent or graphic depictions intended to cause harm or distress

11.2 Content Removal Request Process

Users or other affected individuals can request content removal by following these steps:

  • Submit a request via email to hello@oh.xyz.
  • In your email, provide:
    • A clear description of the content you are requesting to be removed.
    • The URL or location where the content can be found on our platform.
    • The reason for the removal request (e.g., legal violation, violation of community standards).
    • Any relevant supporting documentation (if applicable).

11.3 Response Time and Resolution

  • Upon receiving a content removal request, we will acknowledge receipt within 48 hours.
  • Our team will review the request and the content in question.
  • If the content violates our standards or legal requirements, we will remove it from the platform.
  • Requests will be processed and resolved within seven (7) business days.

11.4 Automatic Removal of Certain Content

Certain types of content will be removed automatically without requiring a formal complaint, including:

  • Explicitly illegal material
  • Content flagged by our automated moderation systems that violate our terms
  • Content identified during internal reviews that breaches our policies

 

  1. Underage Policy

Utility3 Ltd’s services are designed for users aged 18 and over. We are committed to ensuring that all users comply with this age requirement and that minors are protected from engaging with inappropriate or adult content. This policy outlines the steps we take to enforce age restrictions and what actions will be taken if underage users are discovered on our platform.

12.1 Age Restriction

  • Minimum Age Requirement: To use OhChat, users must be at least 18 years of age.
  • Age Verification: Upon entering our website, users are required to confirm that they are 18 years or older. This is done via a disclaimer and a mandatory check box acknowledging compliance with our age policy.

12.2 Process for Handling Underage User Reports

  • Investigation: Upon receiving a report of an underage user, our team will review the complaint and investigate the account in question.
  • Temporary Suspension: If we have reason to believe a user may be underage, the account may be temporarily suspended during the investigation process to prevent further use of the platform.
  • User Verification: The user will be required to provide proof of age (e.g., government-issued ID) to verify that they are at least 18 years old.

12.3 Consequences of Underage Use

  • Account Termination: If a user is found to be under 18 years old, their account will be permanently terminated, and they will be prohibited from using the platform.
  • Content Removal: Any content generated by underage users will be removed from the platform to ensure compliance with our standards and legal requirements.

12.4 Preventive Measures

We employ various measures to prevent underage users from accessing OhChat, including:

  • Age Gate: A warning and age verification prompt upon entering the site, requiring users to confirm they are over 18.
  • Automated Monitoring: Our platform uses automated tools to flag any suspicious activity or content that may indicate the presence of underage users.

12.5. Appeals Process

If an account has been mistakenly flagged as underage, users may appeal the decision by providing appropriate proof of age within seven (7) business days. Appeals should be sent to hello@oh.xyz, and our team will review and resolve the appeal within the same time frame.

 

13. Anti-Trafficking 

 

We are committed to maintaining a safe and ethical platform for all users. We strictly prohibit the use of our services and platform for any activities that promote or facilitate human trafficking, sex trafficking, or any form of physical abuse. This includes, but is not limited to, the following:

  • Prohibition on Human Trafficking: Users are prohibited from using OhChat to engage in, promote, or facilitate any form of human trafficking, whether for labor, exploitation, or other purposes.
  • Prohibition on Sex Trafficking: OhChat strictly forbids any content or activity that promotes, facilitates, or otherwise contributes to sex trafficking or the exploitation of individuals for commercial sexual activities.
  • Prohibition on Physical Abuse: Our platform does not tolerate the use of OhChat for promoting, glorifying, or facilitating physical abuse, violence, or any form of harm against individuals.

13.1 Consequences of Violation

  • Account Termination: Any user found to be engaging in, promoting, or facilitating human trafficking, sex trafficking, or physical abuse will have their account immediately terminated.
  • Reporting to Authorities: OhChat reserves the right to report any violations involving trafficking or abuse to law enforcement authorities, in compliance with applicable laws and regulations.
  • Content Removal: Any content found to be related to or supportive of trafficking or abuse will be promptly removed from the platform.

13.2 User Responsibility

By using OhChat, users agree to comply with all applicable laws and regulations related to human trafficking, sex trafficking, and physical abuse. Users must not engage in any activities that could be construed as supporting, promoting, or facilitating such illegal conduct.

We are dedicated to preventing and responding to any trafficking-related activity on our platform, and we encourage users to report any suspicious behavior or violations to hello@oh.xyz.

 

14. Copyright Complaints

Utility3 Ltd respects intellectual property rights and expects users to do the same. If you believe your rights have been infringed, notify Utility3 Ltd following the procedure below.

Utility3 Ltd will investigate and act according to the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. Send written notification to:

Utility3 Ltd, 10 Greek Street, London, W1D 4DH

Or

Via email to hello@oh.xyz

The notification must include specific information as outlined in the provided text, such as electronic or physical signature, description of the infringed work, location of the infringing material, your contact details, and statements of belief and authorization.

14.1 Counter-Notice

If you believe your content was wrongly removed, you may send a counter-notice to the Copyright Agent. Include your signature, identification of the removed content, location, a statement of belief, your contact details, and consent to jurisdiction and service of process.

Utility3 Ltd may send a copy of the counter-notice to the original complainant. The removed content may be replaced or access restored within 10 to 14 business days, at Utility3 Ltd’s sole discretion, unless legal action is taken by the copyright owner.

Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, Utility3 Ltd reserves the right to terminate or limit access to Services for users deemed to be repeat infringers, at its sole discretion, based on its list of banned and restricted terms which it has the ability to amend at any time.

Third Party Websites and Services

Links to third-party sites and resources may be provided. Utility3 Ltd has no control over, nor does it endorse these sites, resources, or applications. Utility3 Ltd is not responsible or liable for any damage, loss, or dealings with third parties found while using the Services.

Indemnity and Release

You agree to release, indemnify, and hold Utility3 Ltd and its affiliates harmless from any losses, damages, expenses, rights, claims, actions, injuries, or violations of these Terms of Use or any rights of another.

Disclaimer of Warranty

The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. Utility3 Ltd disclaims all warranties and makes no guarantees regarding the Services, including uninterrupted, timely, secure, error-free usage, or the accuracy of results obtained.

Limitation of Liability

Utility3 Ltd is not liable for indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses. Utility3 Ltd’s total liability will not exceed £100.

Dispute Resolution By Binding Arbitration

This section contains details about your rights and the process for resolving disputes through arbitration. Key points include:

  • Agreement to Arbitrate: All disputes are resolved through binding arbitration.
  • Prohibition of Class and Representative Actions: Claims must be brought on an individual basis.
  • Pre-Arbitration Dispute Resolution: Efforts to resolve disputes amicably.
  • Arbitration Procedures: Procedures for arbitration, including costs, confidentiality, severability, and future changes.
  • Location: Arbitration hearings will take place in London, United Kingdom.

Termination

Utility3 Ltd may suspend or terminate your account or use of the Services at its sole discretion for any reason. Termination may be effected without prior notice.

General

  • Entire Agreement: These Terms are the entire agreement governing the use of Services.
  • Choice of Law, Jurisdiction, Venue: Governed by the laws of the United Kingdom.
  • Severance: Invalid provisions are severable.
  • No Waiver: No waiver of any provision.
  • Expiration of Claims: Claims must be filed within one year.
  • Admissibility: A printed version is admissible in legal proceedings.
  • Assignment: You cannot assign these Terms; Utility3 Ltd may.
  • Section Headings: For convenience only.
  • Notice: May be given via email or mail.

Changes to these Terms

Utility3 Ltd reserves the right to change or modify these Terms at any time.

Contact Us

For questions, violations, or contact, please email hello@oh.xyz