Terms of Service
Last Modified: January 26, 2024
1. Acceptance of Terms
Welcome to Overloaded.ai, operated by Gerbil Solutions LLC (“Company”, “we”, “us”, or “our”). By accessing or using our website, services, or any functionality provided through the platform (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”) and any referenced policies, including our Privacy Policy, incorporated by reference.
If you do not agree to these Terms or the Privacy Policy, you may not access or use the Service.
This Service is offered and available to users who are at least 18 years old and are located within the United States. By accessing or using the Service, you confirm that you meet these requirements and that your use complies with all applicable U.S. laws and regulations.
2. Changes to These Terms
We may revise, modify, or update these Terms at our sole discretion without prior notice. Any updates will be effective immediately upon posting to this page unless otherwise specified. Your continued use of the Service constitutes your acceptance of any changes. It is your responsibility to review these Terms periodically.
3. Use of the Service
Eligibility
- You may only use the Service if you are 18 years of age or older and legally capable of entering into a binding contract.
- Access to certain features, including subscription-based content or games, may require account registration or additional agreements.
Prohibited Activities
You agree not to engage in any of the following prohibited activities while using the Service:
- Posting or transmitting any content that is unlawful, threatening, abusive, defamatory, harassing, obscene, or otherwise objectionable.
- Using the Service to promote illegal activity or violate any applicable laws, regulations, or third-party terms.
- Attempting to circumvent geographic restrictions (e.g., by using VPNs, proxies, or other methods) to access the Service from prohibited jurisdictions.
- Tampering with, disrupting, or hacking the functionality or security of the Service.
- Sharing sensitive or personal information through public communication channels, including our live chat or linked Discord server.
4. Geographic Restrictions
Access to the Service is intended exclusively for users located in the United States. Users from other jurisdictions are prohibited from accessing or using the Service.
By accessing the Service, you confirm that you are located within the United States and that your use complies with all applicable U.S. laws and regulations.
5. Data and Privacy
By using the Service, you consent to the collection, storage, and processing of your data in the United States. This data may include IP addresses, cookies, and other information necessary for security, personalization, and compliance purposes.
The Service is intended solely for users located in the United States. Users accessing the Service from outside the U.S. do so at their own risk and acknowledge that their data may not be subject to the same protections as provided under their local privacy laws.
For more details, please refer to our Privacy Policy.
6. Third-Party Services and Content
The Service may include links to third-party platforms or display content provided by third parties. These platforms and their content are not under our control, and we do not endorse or assume responsibility for them.
By accessing third-party platforms or content, you do so at your own risk and agree to comply with their terms and policies.
7. Moderation and Content Management
Users acknowledge that content shared on public communication channels (e.g., live chat, Discord integration) may be visible to others and accessible to third-party platforms. While we reserve the right to monitor, moderate, or remove content that violates these Terms or is deemed objectionable, users are solely responsible for ensuring that their use of these features complies with applicable laws and these Terms.
The Company assumes no liability for user-generated content or interactions within these features.
- We reserve the right to monitor, moderate, or remove content that violates these Terms or is deemed objectionable.
- Content moderation is conducted on a discretionary basis, and we are not obligated to review or remove all content.
- Automated tools may be used to flag prohibited content, but no guarantees are made regarding the completeness of moderation efforts.
8. Subscriptions and Third-Party Platforms
The Service may contain links to third-party platforms, such as Whop.com, where users can purchase subscriptions or access premium features. These transactions are conducted solely on third-party platforms and are subject to their respective Terms of Service and Privacy Policies.
The Company does not process payments, manage subscriptions, or guarantee the availability of third-party services. All inquiries or disputes related to such transactions must be directed to the applicable third-party platform.
9. Right to Refuse Access
We reserve the right to refuse or terminate access to the Service for any user at our sole discretion, without prior notice, and for any reason, including but not limited to violations of these Terms.
10. Intellectual Property
The Company owns all intellectual property rights to the Service, including trademarks, branding, and proprietary content. Users may not reproduce, modify, or distribute any materials provided through the Service without prior written consent.
11. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, employees, agents, and affiliates from any claims, liabilities, damages, or losses arising out of:
- Your use of the Service.
- Your violation of these Terms or third-party rights.
- Any content or activities conducted through your account.
12. Limitation of Liability
The Company, its officers, employees, and affiliates are not liable for any:
- Indirect, incidental, or consequential damages.
- Damages resulting from user actions, third-party services, or Service interruptions.
- Loss of revenue, data, or goodwill caused by Service use.
13. Force Majeure
The Company is not liable for delays, interruptions, or failures in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, cyberattacks, technical failures, or government actions.
14. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service, superseding any prior agreements or communications.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes will be resolved through binding arbitration under the rules of the American Arbitration Association, with proceedings conducted in Delaware or another mutually agreed location.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect.
17. No Waiver
The failure of the Company to enforce any provision of these Terms does not constitute a waiver of such provision or any other rights.
18. Contact Information
For questions about these Terms or the Service, you can contact us at:
- Email: support@overloaded.ai
- Mailing Address:
Gerbil Solutions LLC
8 The Green, STE A
Dover, DE 19901
19. Disclaimer for International Users
The Service is primarily designed for use by residents of the United States. Users accessing the Service from outside the U.S. do so at their own risk and are solely responsible for ensuring compliance with all applicable local laws.
Users acknowledge that the Service may not be compliant with specific legal, regulatory, or business requirements of jurisdictions outside the U.S., including but not limited to the General Data Protection Regulation (GDPR) or other privacy laws.
20. Data Use for Non-U.S. Users
By accessing the Service, non-U.S. users agree to the collection, storage, and processing of their data in the United States. The Company makes no representations or warranties that the Service or its data practices comply with the legal requirements of jurisdictions outside the U.S.
Users who do not agree to these terms or local laws should refrain from using the Service.
21. Automated Decision-Making and AI Integration
The Service may use automated tools or artificial intelligence (AI) to provide certain features, including but not limited to personalized gameplay and content moderation. By using the Service, users consent to the use of these tools, which may involve processing of data such as IP addresses or user interactions.
The Company is not liable for errors, inaccuracies, or unintended outcomes resulting from these automated processes.