Lunchbreak Inc. Terms of Use
Introduction: This Agreement governs your use of the AI writing services (the "Services") provided by Lunchbreak AI, a Florida corporation (the "Company").
By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services. If you are using the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
Please review our Privacy Notice for information on how we collect, use, and share your information.
We may update these Terms or the Services from time to time. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you do not agree to the changes, you may not use the Services anymore.
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Lunchbreak AI. For certain features of the Services, you will need an account. You are responsible for keeping your account information accurate and up to date, and for all activities that occur under your account.
We appreciate feedback, comments, ideas, proposals, and suggestions for improving the Services. If you submit Feedback, you agree that we can use it without any restriction or compensation to you.
Lunchbreak AI requires payment of a fee for use of the Services. If you purchase a Subscription, you authorize us to charge you for the Subscription and to share your payment information with third parties to complete the transaction. Payments for Subscriptions are non-refundable and non-transferable, except as stated in these Terms.
If you haven't used the Services, you may cancel your Subscription within three (3) calendar days of your initial purchase for a full refund. After that, your purchase is final, and you won't be able to cancel or receive a refund of your Subscription Fee. You can cancel your Subscription at any time, but the cancellation will be effective at the end of the current Subscription period. You will be responsible for all Subscription Fees incurred for the current Subscription period. If you cancel, you can continue to use the Services until the end of the current Subscription period, and then the Subscription will terminate without further charges. Please send an email to trylunchbreak@gmail.com to cancel your Subscription.
(a) Sharing Content.
Through our Services, you may have the ability to share or store various types of content, including text (in posts or messages to other users), images, videos, music, software, files, documents, and graphics. Any content that you share or post through our Services, except for Feedback, is known as "User Content." Lunchbreak AI acknowledges that you retain all ownership rights to your User Content and these Terms do not limit any of your rights to such content.
(b) License to Your User Content.
When you make User Content available through the Services, you grant Lunchbreak AI a non-exclusive, fully paid-up, transferable, worldwide, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform your User Content for the purpose of operating and providing the Services. This license applies to your User Content regardless of the form or medium in which it is provided.
(c) Your Responsibility for User Content.
You bear full responsibility for all User Content you provide. By submitting User Content, you confirm that you have all necessary rights to grant us the license to use your User Content as described in these Terms. You also confirm that your User Content and its use, distribution, or provision through our Services will not infringe on, misappropriate, or violate any third party's intellectual property rights, rights of privacy or publicity, or any applicable law or regulation.
(d) Deleting Your User Content.
You have the ability to delete your User Content by specifically selecting to delete it. However, it's important to note that in some cases, copies of your User Content, such as posts or comments, may continue to exist on our Services even after deletion. We cannot guarantee the complete removal or deletion of your User Content, and to the fullest extent permitted by law, we shall not be held responsible or liable for any failure to remove or delete your User Content.
(e) Your Use of Generated Content.
Provided that you comply with these Terms, Lunchbreak AI grants you a non-exclusive, transferable, perpetual license that is worldwide, with the right to sublicense, to use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform Generated Content for your lawful business purposes.
(f) Intellectual Property Rights of Lunchbreak AI.
The Services may include content, including Generated Content, that is protected by intellectual property rights, which belong to Lunchbreak AI, and such content remains our exclusive property.
General Prohibitions and Lunchbreak AI's Enforcement Rights. You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual element within the Services, Lunchbreak AI's name, any Lunchbreak AI trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Lunchbreak AI's express written consent;
(a) Access, tamper with, or use non-public areas of the Services, Lunchbreak AI's computer systems, or the technical delivery systems of Lunchbreak AI's providers;
(b) Allow other users other than yourself access to your account by providing them with your log in details for free and/or selling your log in details so others can access your account;
(c) Attempt to probe, scan or test the vulnerability of any Lunchbreak AI system or network or breach any security or authentication measures;
(d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Lunchbreak AI or any of Lunchbreak AI's providers or any other third party (including another user) to protect the Services;
(e) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Lunchbreak AI or other generally available third-party web browsers;
(f) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(g) Use any meta tags or other hidden text or metadata utilizing a Lunchbreak AI trademark, logo URL or product name without Lunchbreak AI's express written consent;
(h) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(i) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
(j) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(k) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(l) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(m) Impersonate or misrepresent your affiliation with any person or entity;
(n) Violate any applicable law or regulation; or
(o) Encourage or enable any other individual to do any of the foregoing.
Lunchbreak AI is not required to monitor the use or access of the Services or to edit any content. However, we reserve the right to do so in order to operate the Services, ensure compliance with these Terms, and abide by applicable legal requirements. We have the option to remove or restrict access to any content, including User Content, at any time and without prior notice, if we consider it objectionable or in violation of these Terms at our sole discretion. We reserve the right to investigate any conduct that affects the Services or violates these Terms. We may also work with law enforcement agencies to prosecute any users who break the law.
9. DMCA/Copyright Policy. Lunchbreak AI respects copyright law and expects its users to do the same. It is Lunchbreak AI’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
10. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
Termination.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at trylunchbreak@gmail.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6(a), 6(b), 6(c) (only for payments due and owing to Lunchbreak AI prior to the termination), 6(d), 7(b), 7(c), 7(e), 7(f), 9, 11, 12, 13, 14, 15, 16 and 17.
12. The services are provided on an "as is" basis without any warranty of any kind, whether express or implied. We explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement, as well as any warranties arising out of course of dealing or usage of trade. We do not guarantee that the services will meet your requirements or be available uninterrupted, secure, or error-free. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the services.
13. You agree to indemnify and hold harmless Lunchbreak AI, its officers, directors, employees, and agents from any and all claims, disputes, demands, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising from or related to (a) your use of the Services, (b) any User Content you provide, and (c) any violation of these Terms by you.
Limitation of Liability.
(a) To the fullest extent permitted by law, neither Lunchbreak AI nor its service providers will be liable for any incidental, consequential, exemplary, or special damages, including lost profits, lost revenues, lost savings, lost business opportunities, loss of data or goodwill, service interruption, computer damage, or system failure, or the cost of substitute services, arising out of or in connection with these Terms or the use or inability to use the Services. This applies whether the damages are based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Lunchbreak AI or its service providers have been advised of the possibility of such damages, even if a limited remedy fails of its essential purpose.
(b) To the extent allowed by the law in the relevant jurisdiction, Lunchbreak AI's liability for any claims arising from or related to these Terms or the use of the Services shall not exceed the total amount paid or payable by you to Lunchbreak AI for using the Services, or one hundred dollars ($100) if you have not made any payment to Lunchbreak AI, whichever is applicable.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Lunchbreak AI AND YOU.
15. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of Lithuania, without regard to its conflict of laws provisions.
16. Dispute Resolution.
All disputes, claims or controversies arising from or related to these Terms or the use of the Services (collectively, "Disputes") must be resolved through binding individual arbitration and not through a class, representative, or consolidated action or proceeding. The arbitration shall be governed by Lithuania's Federal Arbitration Act, and you and Lunchbreak AI waive the right to a trial by jury or to participate in a class action.
This arbitration provision will remain in effect even after the termination of these Terms for Lunchbreak AI. You and Lunchbreak AI agree that any claims against each other must be brought only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Additionally, if the dispute is resolved through arbitration, the arbitrator cannot consolidate another person's claims with your claims and cannot preside over any form of a representative or class proceeding. If a court finds this provision unenforceable, the entire Dispute Resolution section will be null and void.
General Terms for Lunchbreak AI:
(a) Rights Reserved. Lunchbreak AI and its licensors have sole ownership of all rights, titles, and interests in the Services, including any associated intellectual property rights. You recognize that the Services are safeguarded by copyright, trademark, and other laws in the United States and foreign countries. You promise not to remove, modify, or conceal any copyright, trademark, service mark, or other proprietary rights notices that are included in or accompany the Services.
(b) Entire Agreement. These Terms constitute the entire agreement between Lunchbreak AI and you regarding the Services, and supersede all prior oral or written agreements or understandings between Lunchbreak AI and you regarding the Services. In the event that any provision of these Terms is held to be invalid or unenforceable by an arbitrator or court of competent jurisdiction, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, in whole or in part, without the prior written consent of Lunchbreak AI. Any attempted assignment or transfer without such consent will be null and void. Lunchbreak AI may assign or transfer these Terms, in whole or in part, without any restriction. These Terms will be binding upon and inure to the benefit of the parties, their successors and permitted assigns, subject to the foregoing.
(c) Under these Terms, Lunchbreak AI will provide any notices or communications to you through two means: (i) email or (ii) by posting them on the Services. For email notices, the date of receipt will be considered the same day the notice is sent.
(d) Lunchbreak AI's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Waivers of any such right or provision shall be valid only if made in writing and signed by a duly authorized representative of Lunchbreak AI. The exercise by either party of any of its remedies under these Terms shall not affect or prejudice its other remedies under these Terms or otherwise, unless expressly stated in these Terms.
Ambassador Program for Lunchbreak AI:
1. All intellectual property/digital rights belong to Lunchbreak AI, whether the video was made by you or our team.
2. Referral codes expire after 1 month, meaning you cannot earn using the referral code after a month. You can reapply for a new one.
3. Payouts will be sent 2 weeks after the date of the first sale and will occur every week for another 2 weeks.