Terms and Conditions
TERMS AND CONDITIONS
 
Welcome to Chat Gpt Creator!
Chat Gpt Creator is owned and operated by Afterwords Ink LLC.
These are the terms and conditions for:
By using the platform and our services, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" refers to the Chat Gpt Creator website, "we", "us", "our" and "Chat Gpt Creator" refers to Chat Gpt Creator and "you" and "user" refers to you, the user of Chat Gpt Creator.
The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of Chat Gpt Creator accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE FUNCTIONALITIES AVAILABLE ON THE PLATFORM.
 
1. ACCEPTANCE OF TERMS
By using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use our services and our platform. We may modify this agreement from time to time, and such modification will be effective upon posting on the platform. You agree to be bound by any modifications to these terms and conditions when you use Chat Gpt Creator following the posting of such modification; therefore, it is important that you review this agreement regularly.
Access to the platform is available for all ages. It is the responsibility of parents or legal guardians to determine whether the content available on the platform is appropriate for their children or minors in their care.
By using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.
 
2. NOTIFICATIONS
By providing your email address to Chat Gpt Creator, you agree that we may use your email address to send you notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your unsubscribe request through the contact information or by using the "unsubscribe" option in the emails. Unsubscribing may prevent you from receiving notifications and emails about updates, news or special content related to Chat Gpt Creator.
 
3. ACCOUNT
Users will be able to register and open an account on the platform. When registering on the platform, the user must choose a password and provide additional information, such as their full name and email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Chat Gpt Creator of any unauthorized use of your password or account or any other breach of security, and to ensure that you log out of your account at the end of each session. You may never use another user's account without Chat Gpt Creator's prior authorization. Chat Gpt Creator will not be liable for any loss or damage arising from your failure to comply with this agreement.
Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to Chat Gpt Creator. Chat Gpt Creator reserves the right to terminate your account or your access immediately, with or without notice, and without any liability to you, if Chat Gpt Creator believes that you have violated any of the provisions contained in these terms and conditions.
 
4. PLANS
Chat Gpt Creator offers the following plans:
Prepaid plans:
·        Starter
Monthly plans:
·        Standard
·        Premium
When a user purchases a plan, Chat Gpt Creator will send a confirmation email. This confirmation email will be produced automatically so that the user will have confirmation of the payment and the start of the plan. If the user does not receive the email confirmation of the purchase and the start of the plan, it is possible that it has been sent to your spam folder.
Prepaid plans may allow the user to use the platform without purchasing a monthly plan and may also be used to recharge monthly plans. Please refer to the description and content of the prepaid plans before purchasing the plan.
Monthly plans will be billed automatically each month. You authorize Chat Gpt Creator to renew your plan and to charge you periodically and progressively on each monthly billing date. The monthly billing date is the date on which you purchase the plan and make the first payment. On the applicable monthly billing date, you will automatically be charged the applicable plan fee in the payment method you selected when you purchased the plan. The plan will remain active until you cancel it or we terminate it. You must cancel the plan before it renews to avoid the next billing period.
Plans will automatically renew for an additional period unless cancelled before the next billing period. Users may cancel monthly plans through their account settings in the billing section or they must submit a cancellation request through our contact information and the plan will be cancelled for the next billing period. If a plan is cancelled, the user will be able to continue using the plan until the next billing period, at which time the plan and access to the features available in the monthly plan will be cancelled.
Chat Gpt Creator may change or discontinue the availability of plans at any time at its sole discretion. Any continued use of the service and platform by the user will result in acceptance of such changes. This does not affect your statutory rights.
 
5. PAYMENTS
Plans will be paid by the following payment methods:
·        Credit/debit card (Visa, Master, Discover, Amex, Diners, etc.)
·        PayPal
·        Stripe
Payments will be processed through our payment processors PayPal and Stripe. The corresponding plan payment will be charged to your credit or debit card upon completion of the payment and plan registration process. In case of a prepaid plan, the plan will be activated upon completion of the payment process. In case of a monthly plan, the plan will be activated upon completion of the payment process and will be charged on each monthly billing date automatically to the payment method selected by the user when purchasing the plan. Once the transaction is processed, we will send an electronic receipt to the user's email address. 
If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the customer service of the relevant payment processor.
If your card or payment method is declined, you will receive an error message. No payment will be charged to your card or payment method and the plan purchase will not be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the plans. Chat Gpt Creator reserves the right to engage any payment platform available on the market, which processes your data for the sole purpose of processing the purchase of the plans.
 
6. USER OBLIGATIONS
By using the platform, the user agrees to comply with the following obligations:
·        The user shall provide truthful, complete and updated information when registering on the platform. In addition, the user shall be responsible for maintaining the confidentiality of the password and all information related to the user account.
·        The user agrees to use the platform only for lawful purposes and in accordance with the terms and conditions set forth. You may not use the platform for illegal, fraudulent, defamatory, obscene or any other activities that violate the rights of third parties or violate the security of the platform.
·        The user agrees not to generate content related to pornography, violence, child abuse, animal abuse or any content that is objectionable, profane, indecent, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
·        The user must take the necessary measures to protect their equipment, devices and data against any unauthorized access or malware. In case of detecting a possible security problem on the platform, the user agrees to immediately inform Chat Gpt Creator so that appropriate measures can be taken.
·        The user agrees to cooperate in good faith with Chat Gpt Creator and to provide truthful information in case it is required to resolve any issues related to the use of the platform. 
·        The user agrees to comply with all applicable laws, regulations and rules when using the platform. This includes, but is not limited to, compliance with data protection and privacy laws.
Failure to comply with these obligations may result in the termination or suspension of access and use of the platform by the user, without notice and without providing justifications or explanations to the offending user and without prejudice to further legal action that the company in charge of the platform (Afterwords Ink LLC) may take in case of serious violations. 
The company in charge of the platform (Afterwords Ink LLC) reserves the right to choose at its sole discretion any reason or use of the platform by the user that is not in line with the intended use of the platform and services and that may violate the business model resulting in the termination or suspension of access and use of the platform by the user, without providing explanations or justifications to the offending user.  
 
7. LIMITATION OF LIABILITY
In no event shall the company responsible for Chat Gpt Creator (Afterwords Ink LLC) or its affiliates, directors, employees or agents be liable to the user or any third party for any direct, indirect, incidental, consequential, special, exemplary or other damages, including, but not limited to, loss of profits, data, use, goodwill or other intangible losses, even if advised of the possibility of such damages.
User agrees to use the platform and services at User's own risk and responsibility and understands that Chat Gpt Creator does not guarantee the accuracy, reliability or completeness of the content generated. The platform and the company responsible for the platform (Afterwords Ink LLC), its affiliates, directors, employees or agents assume no liability for any damage or harm caused by the use of the generated content or reliance on information obtained through the platform and services.
The user releases Afterwords Ink LLC, its affiliates, directors, officers, employees or agents from any liability related to the generated content, and agrees to indemnify and hold harmless Afterwords Ink LLC, its affiliates, directors, officers, employees or agents from any claim, demand or legal action arising out of the use of the generated content or the platform in general. 
In case of any liability attributable to Chat Gpt Creator, Afterwords Ink LLC will only be obliged to compensate the amount equivalent to 1 month's subscription of the standard plan.
By using the platform and our services, you accept and understand the terms of this disclaimer and acknowledge that you have read and fully understand its implications.
 
8. LICENSE TO USE THE PLATFORM
The user agrees not to use the platform in a negligent, fraudulent or unlawful manner. The user also agrees not to engage in any conduct or action that could damage the image, interests or rights of Chat Gpt Creator or third parties. Chat Gpt Creator reserves the right to terminate the user's access to the platform immediately, with or without notice, justification or explanation, and without liability to the user, if Chat Gpt Creator believes that the user has violated any of these terms.
 
9. CONTENT STORAGE
Data and user-generated content (text and images) may be stored within the platform as an added convenience and may be downloaded by the user at any time. Please note that Chat Gpt Creator is not responsible for any loss of data or content related to the storage of content or use of the platform and services.
 
All materials on Chat Gpt Creator, including, without limitation, names, logos, trademarks, games, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Chat Gpt Creator or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Chat Gpt Creator are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Chat Gpt Creator prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Chat Gpt Creator or any part of the material for any purpose other than its intended purposes is strictly prohibited.
 
11. COPYRIGHT INFRINGEMENT
Chat Gpt Creator will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Chat Gpt Creator respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information: 
·        Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
·        A statement specifically identifying the location of the infringing material.
·        Your name, address, telephone number and email address.
·        A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
·        A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
·        An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
 
 
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to Chat Gpt Creator or licensed to the Chat Gpt Creator by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:
·        Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
·        Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
·        Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
·        Deep-link to any portion of the services for any purpose without our express written permission.
·        "Frame", "mirror" or otherwise incorporate any part of the platform into any other platform or service without our prior written authorization.
·        Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Chat Gpt Creator.
·        Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content.
 
13. DISCLAIMER OF WARRANTIES
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Chat Gpt Creator for any loss or damage caused as a result.
Chat Gpt Creator shall not be liable for any amount for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.
Subject as aforesaid, to the maximum extent permitted by law, Chat Gpt Creator excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Chat Gpt Creator and Chat Gpt Creator shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
·        Any incorrect or inaccurate information on the platform.
·        The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.
·        Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
·        Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
·        Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Chat Gpt Creator.
·        All representations, warranties, conditions and other terms which but for this notice would have effect.
 
14. ELECTRONIC COMMUNICATIONS
Chat Gpt Creator will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for Internet accessibility or availability or traffic congestion or for any unauthorized human acts, including any errors or mistakes.
 
15. INDEMNIFICATION
You agree to defend and indemnify Chat Gpt Creator from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
·        Your breach of this agreement or the documents referenced herein.
·        Your violation of any law or the rights of a third party.
·        Your use of the Chat Gpt Creator platform and services.
 
16. CHANGES AND TERMINATION
We may modify the platform and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed and updated on these terms and conditions. Your continued use of the platform and maintenance of your account on the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of our terms and conditions. Unless otherwise specified herein, all changes to these terms and conditions apply to all users.
 
17. INTEGRATION CLAUSE
This agreement, together with the privacy policy and any other legal notices published by Chat Gpt Creator, shall constitute the entire agreement between you and Chat Gpt Creator and shall govern your use of the platform and our services.
 
18. SEVERABILITY
If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.
 
19. FORCE MAJEURE
Chat Gpt Creator shall not be liable for any failure to perform due to causes beyond its reasonable control, including, without limitation, fortuitous events, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.
 
20. TERMINATION
Both the user and Chat Gpt Creator acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.
In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, Chat Gpt Creator reserves the right to unilaterally terminate the user's access to and use of the platform. Chat Gpt Creator may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, Chat Gpt Creator shall not be liable for any loss of data or information associated with the user's account.
In case of non-compliance by Chat Gpt Creator: If Chat Gpt Creator fails to comply with its obligations under the agreed terms and conditions, the user shall be entitled to terminate the agreement and stop using the platform. The user shall notify Chat Gpt Creator in writing of the breach and allow a reasonable time for Chat Gpt Creator to remedy the situation. If Chat Gpt Creator does not remedy the breach within the set period, the user may proceed with the termination of the agreement.
Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.
Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.
 
21. DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or your use of the platform, shall be resolved by binding arbitration between you and Chat Gpt Creator.
In the event a dispute arises in connection with your use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform and our services.
Any dispute, controversy or claim relating to Chat Gpt Creator and its business operations shall be resolved through arbitration organizations in the United States, specifically arbitration organizations located in the State of Virginia.
 
22. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of the Chat Gpt Creator platform and services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or collected by us in connection with such use.
Any rights not expressly granted herein are reserved.
 
23. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us using the contact information below:
production@afterwordsink.com