Terms and Conditions
TERMS AND
CONDITIONS
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.
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