Terms of Service Agreement

Effective Date: June 2023

These Terms of Service (“Agreement”) govern your use of the services provided by ChatGenie and its affiliates, including our application programming interface, software, tools, developer services, data, documentation, and websites (collectively referred to as “Services”). By using our Services, you agree to be bound by these Terms. Please read this Agreement carefully. Our privacy policy explains how we collect and use personal information. By using our Services, you agree to our privacy policy.

1. Account Registration

(a) You must be at least 18 years old to use our Services. If you are using the Services on behalf of another person or entity, you represent and warrant that you have the authority to accept these Terms on their behalf. You are required to provide accurate and complete information when registering for an account. You may not share your access credentials or account with others, and you are solely responsible for all activities conducted through your account.

2. Use of Services

(a) You may access and use the Services in accordance with these Terms. By using the Services, you agree to comply with these Terms and all applicable laws. ChatGenie and its affiliates retain all rights, title, and interest in and to the Services.

(b) We appreciate feedback, comments, ideas, proposals, and suggestions for improvements regarding the Services. If you provide any such feedback, we may use it without any restrictions or compensation to you.

(c) You agree to comply with the following restrictions:

  • (i) You may not use the Services in a way that infringes, misappropriates, or violates the rights of any person.
  • (ii) You may not attempt to reverse engineer, decompile, translate, or otherwise discover the source code or underlying components of the Services, except to the extent such restrictions are contrary to applicable law.
  • (iii) You may not use the output from the Services to develop machine learning models.
  • (iv) Except as permitted through the advertised service, you may not use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction.
  • (v) You may not misrepresent that the output from the Services was human-generated when it is not or otherwise violate our Usage Policies.
  • (vi) You may not send us any personal information of children under 18 years old or the applicable age of digital consent.
  • (vii) You must comply with any rate limits and other requirements specified in our documentation.
  • (viii) You may use the Services only in geographies currently supported by ChatGenie.

(d) Any third-party software, services, or other products you use in connection with the Services are subject to their own terms, and ChatGenie is not responsible for any third-party products.

3. Similarity of Content

(a) Due to the nature of machine learning, the output generated by the Services may not be unique across users. For example, if multiple users ask the same or similar questions, they may receive the same or similar responses. Responses that are requested by and generated for other users are not considered your own content.

4. Accuracy

(a) Artificial intelligence and machine learning are rapidly evolving fields, and the use of our Services may result in incorrect output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any output for your specific use case, including by using human review.

5. Fees and Taxes

(a) By using our Services, you agree to pay all fees according to the prices and terms advertised. Additionally, you are responsible for paying all applicable taxes associated with your purchase of our Services.

(b) ChatGenie reserves the right to change prices by posting a notice to your account or the website. The notice period for any price changes will be at least 14 days.

(c) If you wish to dispute any billing, you must contact support@chatgenie.app within 30 days of the disputed invoice. Any undisputed amounts past due are subject to a 20% late fee. We reserve the right to stop providing service for accounts with a past due balance.

(d) Free Tier: You may not create multiple accounts to benefit from credits provided in the free tier of the Services. If we determine that you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Services.

6. Confidentiality, Security, and Data Protection

(a) Confidentiality: You may have access to Confidential Information of ChatGenie, its affiliates, and other third parties. You may use Confidential Information solely for the purpose of using the Services as permitted under these Terms. You agree not to disclose Confidential Information to any third party and to protect Confidential Information with at least reasonable care, similar to how you protect your own confidential information. “Confidential Information” refers to nonpublic information designated as confidential by ChatGenie, its affiliates, or third parties, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is generally available to the public; (ii) you already possess without any confidentiality obligations; (iii) is rightfully disclosed to you by a third party without confidentiality obligations; or (iv) you independently develop without using Confidential Information. You may disclose Confidential Information when required by law or a valid order of a court or governmental authority, provided that you give reasonable prior written notice to ChatGenie and make reasonable efforts to limit the scope of disclosure.

(b) Security: You are responsible for implementing reasonable and appropriate measures to secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact ChatGenie and provide details of the vulnerability or breach.

(c) Processing of Personal Data: If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data. You represent to ChatGenie that you are processing personal data in accordance with applicable law.

7. Term and Termination

(a) Termination and Suspension: These Terms take effect upon your first use of the Services and remain in effect until terminated. You may terminate these Terms at any time by discontinuing the use of the Services. ChatGenie may terminate these Terms for any reason by providing you with at least 30 days’ advance notice. ChatGenie may also terminate these Terms immediately upon notice if you materially breach the terms of service, or if there are changes in relationships with third-party technology providers outside of ChatGenie’s control, or to comply with the law or government requests. ChatGenie may suspend your access to the Services if you fail to comply with these Terms, if your use poses a security risk, or if fraudulent or potentially liable activity is suspected.

(b) Effect on Termination: Upon termination, you must cease using the Services and promptly return or destroy any Confidential Information as instructed by ChatGenie. Certain sections of these Terms will survive termination.

8. Indemnification

(a) You agree to indemnify, defend, and hold harmless ChatGenie, its affiliates, officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Services or any violation of these Terms.
  • Any content or information you submit, post, transmit, or make available through the Services.
  • Your violation of any rights of another person or entity.
  • Any breach of your representations, warranties, or obligations under these Terms.

(b) ChatGenie reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate fully with ChatGenie in asserting any available defenses.

9. Limitation of Liability

(a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHATGENIE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER CHATGENIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHATGENIE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES EXCEED THE AMOUNTS PAID BY YOU TO CHATGENIE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Disclaimer of Warranties

(a) THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHATGENIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CHATGENIE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.

(b) CHATGENIE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, OR USEFULNESS OF THE OUTPUT GENERATED BY THE SERVICES.

11. Governing Law and Jurisdiction

(a) These Terms shall be governed by and construed in accordance with the laws of the state of California, United States. Any legal action or proceeding arising out of or relating to these Terms shall be exclusively brought in the courts of San Diego County, California, and you consent to the personal jurisdiction and venue of such courts.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including the indemnification clauses, limitation of liability, and disclaimer of warranties.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such provision shall be deemed to be modified to the minimum extent necessary to make it enforceable or valid while preserving the intent of the original provision. If a modified provision is not enforceable or valid, it shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

13. Modification of Terms

(a) ChatGenie reserves the right to modify or update these Terms of Service at any time, in its sole discretion, by posting the revised Terms on its website or notifying you through other means, including but not limited to email or in-product notification. The modified Terms will become effective upon posting or notification, as applicable. Your continued use of the Services after the effective date of the modified Terms constitutes your acceptance of the modified Terms.

(b) If you do not agree with the modified Terms, you must discontinue using the Services. It is your responsibility to review the Terms regularly to stay informed of any changes.

14. General Terms

(a) Entire Agreement

These Terms of Service, including any additional terms and conditions or policies referenced herein, constitute the entire agreement between you and ChatGenie regarding the subject matter herein and supersede all prior or contemporaneous agreements, understandings, and communications, whether oral or written, between you and ChatGenie.

(b) Waiver and Severability

If you do not comply with these Terms, and ChatGenie does not take immediate action, it does not mean that ChatGenie is giving up any of its rights. Except as provided in Section 8, if any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and it will not affect the enforceability of any other provisions.

(c) Export Controls

The Services may not be used in or for the benefit of, exported, or re-exported: (a) into any U.S. embargoed countries (collectively, the “Embargoed Countries”); or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, any other restricted party lists identified by the Office of Foreign Asset Control or the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists (collectively, “Restricted Party Lists”).

You represent and warrant that you are not located in any Embargoed Countries and are not on any restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end users directly.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.