Last Updated on 28 April 2024
Welcome to our website! YourGPT is brand of Delta4 Infotech Pvt. Ltd. This Terms of Service Agreement ("Agreement") sets forth the terms and conditions governing your access to and use of the AI software services provided by YourGPT, including but not limited to the AI chatbot and LLM Spark (hereinafter collectively referred to as the "Services"). By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you may not use the Services.
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
These definitions shall apply equally to both singular and plural forms of the terms defined.
YourGPT is committed to protecting your privacy and complying with the General Data Protection Regulation (GDPR). By using the Services, you acknowledge and agree to our Privacy Policy, which outlines how we collect, use, and protect your data. We are dedicated to maintaining transparency and accountability regarding the processing of your personal information.
a. Permitted Use: You may use the Services for your own personal or internal business purposes and in accordance with this Agreement and applicable laws.
b. Prohibited Activities: You agree not to use the Services for any unlawful or prohibited purpose or in any manner that could damage, disable, overburden, or impair the Services.
c. Responsibility: You shall be responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account, and for the responses generated by the AI. You can adjust the behaviour of the AI by modifying the instructions.
d. Agency Plan Requirement: Reselling or providing the chatbot service to your customers is permissible only if you have purchased an Agency Plan. Unauthorized resale or distribution of the Services is strictly prohibited.
e. Minor Use: Our Services are not intended for use by individuals under the age of 18 ("Minors"). Parental consent is required for Minors to use our services.
3.1 Integration and Discretion: The YourGPT Service may interact with third-party products, services, or applications that are not owned or controlled by YourGPT ("Third-Party Services"). Customers have the discretion to utilize these Third-Party Services in conjunction with our Service.
3.2 Customer Responsibility: Should the integration of the Service with any Third-Party Service require it, customers will be responsible for providing their login information to YourGPT solely for the purpose of enabling YourGPT to deliver its Service. Customers affirm that they have the authority to provide such information without violating any terms and conditions governing their use of the Third-Party Services.
3.3 Endorsement and Disclaimer: YourGPT does not endorse any Third-Party Services. Customers acknowledge that this Agreement does not cover the use of Third-Party Services, and they may need to enter into separate agreements with the providers of these services.
3.4 Representations and Warranties: YourGPT expressly disclaims all representations and warranties concerning Third-Party Services. Customers must direct any warranty claims or other disputes directly to the providers of the Third-Party Services.
3.5 Customer Discretion: The engagement with Third-Party Services is at the customer's discretion. YourGPT shall not be liable for any issues arising from the use or inability to use Third-Party Services.
4.1.1 Subscription Fees: Customers are required to pay subscription fees for access to and use of the YourGPT Services unless otherwise specified in a promotional offer or free trial. The subscription fees shall be as specified in the applicable order or pricing plan chosen by the Customer.
4.1.2 Payment Schedule: Payment for subscription fees shall be made in accordance with the payment schedule specified in the applicable order or pricing plan chosen by the Customer.
4.1.3 Currency: All fees are quoted and payable in the currency specified in the applicable order or pricing plan. If no currency is specified, fees shall be payable in United States Dollars (USD).
4.2.1 Billing: YourGPT, either directly or through its authorized payment processors such as Stripe, PayPal, or paddle, will bill the Customer for subscription fees using the payment information provided by the Customer.
4.2.2 Tax Responsibility: The Customer is responsible for any applicable taxes, duties, or similar governmental assessments imposed on the subscription fees.
4.3.1 Modification of Fees: YourGPT reserves the right to modify subscription fees or introduce new fees for additional features or services at any time. Changes to subscription fees will be communicated to the Customer in advance, and any changes will not apply retroactively to the current billing period.
4.3.2 Dispute Resolution: If the Customer disputes any charges on their account, they must notify YourGPT within thirty (30) days of the billing date. YourGPT will investigate the dispute and provide a resolution within a reasonable time frame.
4.4.1 Refund Policy: Due to the nature of our products, we currently do not offer refunds, either partial or in full. We believe that our product provides value to our customers, and we stand behind our commitment to quality. However, if you have any concerns or issues with our product, please do not hesitate to contact our customer support team. We will do our best to address your concerns and provide you with a satisfactory resolution.
5.1 Exclusion of Certain Damages: Notwithstanding any provision to the contrary, YourGPT shall not be liable for any indirect, special, incidental, consequential damages, or damages based on the use or access, interruption, delay, or inability to use the Service, including but not limited to lost revenues or profits, loss of business or goodwill, data corruption, or system failures.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
Additionally, you agree not to:
We reserve the right to terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement. Upon termination, your right to access and use the Services will cease immediately.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing, or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
With prior written consent from the Customer, YourGPT is permitted to identify the Customer and utilize and exhibit the Customer’s name, logo, trademarks, or service marks on YourGPT’s website and in YourGPT’s marketing materials. This facilitates showcasing the clientele and user base of YourGPT without compromising any confidential information or privacy rights of the Customer.
YourGPT shall not be held liable for any failure or delay in fulfilling its obligations herein due to events beyond its reasonable control, including but not limited to failures of third-party hosting or utility providers, strikes (excluding those involving YourGPT’s employees), riots, fires, natural disasters, wars, terrorism, or government actions. These circumstances serve as a protective measure for YourGPT against unforeseen events that hinder its ability to fulfill its service obligations.
Neither party may assign or delegate their rights or obligations under this Agreement without the prior written consent of the other party, except that YourGPT may do so without consent in cases of mergers, acquisitions, corporate reorganizations, or sales of substantially all assets. Any unauthorized assignment will be void. This Agreement binds and benefits the parties, their successors, and permitted assigns.
12.1 User Information
Customers and their Users must provide information such as names, email addresses, usernames, IP addresses, browsers, and operating systems ("User Information") to access the Service. By utilizing the Service, Customers authorize YourGPT and its subcontractors to store, process, and retrieve User Information. Customers guarantee they have the necessary rights to provide User Information to YourGPT for processing as described in this Agreement. Customers are liable for their User Information and any unauthorized use of their credentials.
12.2 User Submissions
Customers grant YourGPT a non-exclusive, worldwide, royalty-free, transferable license to use, process, and display User Submissions solely to provide the Service. Beyond the rights granted here, Customers retain all rights to User Submissions, with no implied licenses under this Agreement.
12.3 Data Protection
YourGPT maintains best security practices to protect Customer Data, including User Submissions and User Information. Nonetheless, Customers are responsible for securing their systems and data. YourGPT processes all Customer Data in accordance with its Data Processing Agreement, available at YourGPT Data Processing Agreement.
We reserve the right to modify or replace this Agreement at any time. Any changes will be effective immediately upon posting the revised Agreement on our website. Your continued use of the Services after any such changes constitutes your acceptance of the revised Agreement.
YourGPT does not waive any term or condition set forth in these Terms of Service unless explicitly stated. Failure to assert any right or provision under these Terms of Service does not constitute a waiver of such right or provision. If any provision of these Terms of Service is found invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, while the remaining provisions shall remain in full force and effect.
This Agreement shall be governed by the laws of a mutually agreed-upon jurisdiction. Any disputes arising from this Agreement shall be resolved through good faith negotiations between the Parties. If negotiations fail, the Parties agree to resolve disputes through arbitration in a neutral jurisdiction agreed upon by both Parties.
If you have any questions about this Agreement or the Services provided by YourGPT, please contact us at [email protected].