User Agreement
Last updated: February 1, 2024
1. GENERAL INFORMATION
1.1. CatGPT Bot | Midjourney • ChatGPT-4 is a Telegram bot that uses artificial intelligence services ChatGPT (gpt-3.5-turbo), ChatGPT-4 (gpt-4, gpt-4-vision), Whisper, Stable Diffusion XL and Midjourney to generate online responses for Users ("Services") ("Bot").
1.2. The Bot is provided by AppKeeper PTE. LTD ("Administration"). AppKeeper PTE. LTD, a company duly registered under the laws of Singapore; Registration number: 202321930C. Registered address and the principal place of business: 68 Circular Road #02-01, 049422, Singapore. For support, contact Telegram @chatagov.
1.3. The Administration is not affiliated with Telegram, ChatGPT, ChatGPT-4, Whisper, Stable Diffusion XL, Midjourney, their companies, or owners.
2. AGREEMENT
2.1. This User Agreement ("Agreement") outlines the relationship between the Administration and the user of the Bot ("User") when using the Bot. The Agreement becomes effective once the User accepts its terms.
2.2. By clicking /start and using the Bot, the User fully accepts the terms of the Agreement without any exceptions. If the User disagrees with any of the provisions of the Agreement, the User cannot use the Bot.
2.3. The Administration may change the Agreement without prior notification, and the new version of the Agreement becomes effective when published on the Internet at the specified address in this paragraph, unless stated otherwise in the new version of the Agreement. The current version of the Agreement is located in the "About" section of the Bot. If the Administration makes changes to the Agreement in the manner outlined in this section and the User disagrees with them, the User must stop using the Bot.
2.4. The Agreement terminates when the User's account is blocked or deleted, or if the User unsubscribes from the Bot.
3. REGISTRATION
3.1. Any individual who is 14 years old or above has the right to register and use the Bot per applicable law. If the User is below the age of 14 or if it is required by law, the use of the Bot is allowed only with the consent of parents or legal representatives.
3.2. To register, follow these steps:
- Have a registered account on the Telegram messenger;
- Go to the Telegram bot CatGPT Bot | Midjourney • ChatGPT-4 and click "Start";
- Review and accept the Agreement and Privacy Policy.
3.3. By using the Bot, the User declares that they have the right to enter into the Agreement independently per applicable law or have obtained permission from parents or legal guardians to enter into the Agreement.
3.4. Blocking/Deleting the account.
3.4.1. The Administration has the right to restrict access to the Bot and the corresponding account for Users or third parties in the following cases:
- User's violation of the Agreement and/or applicable law;
- For organizational or technical reasons;
- To prevent violations of the Agreement and/or damage to the Company (such as DDoS attacks or other hacker attacks, unauthorized use of software tools by the Administration, including for data download from the service, etc.).
3.4.2. To delete the account, the User must unsubscribe from the Bot. To immediately delete the Bot account data, the User must contact the Bot support service.
4. LICENSE GRANT
4.1. The Bot is a software product, and all rights belong to the Administration. The Administration grants the User a limited license to use the Bot for the sole purpose of using its functionality, on the terms set forth in the Agreement. This license is non-transferable, non-exclusive, and revocable.
4.2.1. Users can make requests by providing data ("Source data") and receive answers generated by the Services and returned by the Bot based on the Source data ("Received data"). The combination of Source data and Received data is referred to as "Content". To the extent permitted by applicable law, the User has all rights to the Source data. The Administrator will not use the Source data for any purposes unrelated to the performance of the Agreement, requirements of authorized bodies, and legislation.
4.2.2. If the User complies with this Agreement, the Administration transfers to the User all (exclusive and non-exclusive) rights to the Received data. This means that the User can use the Content for any purpose, including commercial purposes such as sales or publication, provided that this Agreement is complied with.
4.2.3. The User is responsible for the Content and its use, including compliance with applicable law and the Agreement.
4.2.4. The Content is stored and processed on the terms and for the purposes specified in the Privacy Policy.
5. BOT USAGE RULES
5.1. Users are prohibited from:
- using automatic and other programs to access the Bot;
- using the Bot, any of its parts or functionalities as part of commercial products, services, or offers;
- granting rights to the Bot to any third parties, by any means;
- deleting, hiding, or altering the notifications about the exclusive rights of the Administration posted in the Bot.
6. BOT FUNCTIONALITY
6.1. The Bot provides Users with online-generated responses to their requests using Services.
THE ADMINISTRATION DOES NOT PROVIDE ANY WARRANTIES REGARDING THE CONTENT, ACCURACY, CORRECTNESS, VALIDITY, TRUTHFULNESS, APPLICABILITY, OR ADEQUACY OF THE GENERATED RESPONSES.
6.2. The free version of the Bot includes:
10 text requests to ChatGPT via Bot per day and 10 image generation requests in Stable Diffusion XL via Bot per calendar month per User. Access to ChatGPT via Bot is granted for a five-day period, not necessarily consecutive.
A day is calculated from 00:00:00 to 23:59:59 according to the UTC time zone.
6.3. The extended version of the Bot (Prime)
6.3.1. The extended version of the Bot offers different request packages for the gpt-3.5-turbo, Stable Diffusion XL and Whisper models and includes:
- 100 requests to ChatGPT per day;
- 50 requests for generating images through Stable Diffusion XL per calendar month per User;
- The ability to make requests by sending a voice message.
6.3.2. To access the extended version, Users can subscribe to the Prime Bot (hereinafter referred to as the "Prime"). The cost, options, and additional terms of the subscription are indicated in the Bot in the "Subscription" section.
The subscription cost includes all applicable taxes.
6.3.3. The Administration reserves the right to change the subscription plans and prices. Any changes to prices or Prime plans will take effect after their publication and no earlier than the next Prime period.
6.4. ChatGPT-4 Requests (ChatGPT 4)
6.4.1. The Bot offers different request packages for the gpt-4, gpt-4-vision and Whisper models:
- 50 requests to ChatGPT-4 indefinitely;
- 100 requests to ChatGPT-4 indefinitely;
- 200 requests to ChatGPT-4 indefinitely.
6.4.1.1. Each request package includes:
- The ability to make requests by sending an image, accompanied by a request text;
- The ability to make requests by sending a voice message.
6.4.2. Users can access ChatGPT-4 by purchasing one of the request packages in the Bot. (hereinafter referred to as the "ChatGPT 4"). The cost, options, and additional conditions of the packages are specified in the "Subscription" section of the bot.
The subscription cost includes all applicable taxes.
6.4.3. The Administration reserves the right to change the subscription plans and prices. Any changes to the prices or plans of ChatGPT 4 will be effective after they are published and no earlier than the next purchase of ChatGPT 4.
6.5.1. The Bot offers different request packages for the Midjourney model:
- 50 requests to Midjourney indefinitely;
- 100 requests to Midjourney indefinitely;
- 200 requests to Midjourney indefinitely.
6.5.2. Users can access Midjourney by purchasing one of the request packages in the Bot. The cost, options, and additional conditions of the packages are specified in the "Subscription" section of the bot.
The subscription cost includes all applicable taxes.
6.5.3. The Administration reserves the right to change the subscription plans and prices. Any changes to the prices or plans of Midjourney will be effective after they are published and no earlier than the next purchase of Midjourney.
7. PAYMENT POLICY
7.1. To purchase a Subscription, the User must use any of the payment methods provided by the Administration. Accepted payment methods are listed in the Bot on the payment page.
7.2. All applicable terms and policies of the respective payment provider will apply to payment processing. The User must review and accept the relevant terms and policies before making any transaction.
7.3. The Administration is not responsible for any delays in payment and/or actions of the respective payment provider.
7.4. By paying for the Subscription, the User confirms that they are the lawful owner of the bank card or other payment methods used to make payments.
8. RETURN POLICY
8.1. Services are considered fully rendered at the moment when the User is granted access to the Bot in the free version and when access to the extended version of the Bot is granted upon payment of the Subscription. Therefore, the general consumer right to return does not apply to them.
8.2. BY ACCEPTING THE AGREEMENT AND MAKING THE PURCHASE, THE USER CONFIRMS THAT THEY HAVE BEEN INFORMED OF THE ABSENCE OF THE RIGHT TO RETURN AND WAIVES ANY CLAIMS RELATED TO THIS.
8.3. The Administration begins processing a request for access to the paid functionality of the Bot after payment confirmation. Payment confirmation usually takes a few seconds, but may take up to 3 days depending on the payment method.
8.4. If the paid service is not received, the User should contact the Bot support service. The Administration will provide the service or, if it is impossible to provide it, will initiate a refund. By default, the money for purchases will be refunded to the payment method used to make the purchase. This usually takes up to three days, but depending on the payment method, the refund may take up to 45 days.
9. INTELLECTUAL PROPERTY
9.1. The name of the Bot, its logo, slogans, designs of Bot elements, translations, texts, and software code are the intellectual property of the Administration. The User has no right to copy, imitate, modify, distribute, reproduce, publicly display, publish, reconstruct, perform reverse assembly, decode, emulate, violate the integrity of the protective system, decompile, restore, or attempt to restore the source code or protocols of the Bot or any of its parts or functional capabilities, or create derivative works based on any objects of the Administration's intellectual property.
9.2. Any trademarks, logos, and other objects of intellectual property (registered or unregistered) presented in the Bot belong to their respective owners. The Administration does not grant licenses for their use.
10. ABSENCE OF WARRANTIES
10.1. The Administration provides answers to User's requests generated by the artificial intelligence services ChatGPT, ChatGPT-4, Whisper, Midjourney and Stable Diffusion XL. The Administration does not guarantee the accuracy, correctness, truthfulness, applicability, or adequacy of the answers provided and is not responsible for their content. The User is solely responsible for using the Bot and applying the Content.
10.2. By using the Bot and its Content, the User agrees to release the Administration and its representatives from any claims, damages, obligations, attorney fees, and other expenses arising from
(i) using the Bot or its Content,
(ii) breaching this Agreement, or
(iii) violating any third party's rights, including intellectual property rights.
11. LIMITATION OF LIABILITY
11.1. Neither the Administration nor any other party involved in creating or providing the Bot shall be liable for:
- any harm, including direct or indirect damages, loss of profits or data, damage to reputation, dignity, or business reputation arising out of or in connection with any use of the Bot, answers, and materials generated by the Bot.
- technical failures and other interruptions in the provision of Telegram, ChatGPT, ChatGPT-4, Whisper, Midjourney and Stable Diffusion XL services.
- technical failures and other interruptions in the provision of telephone networks or services, computer systems, servers, or providers, computer or telephone equipment, software, email service failures, or scripts.
11.2. The Bot may contain links to other third-party websites. The Administration is not responsible for the content of such third-party websites and is not liable for any losses or damages arising from or in connection with their use.
11.3. Neither the Administration nor the User shall be liable for non-performance of obligations under the Agreement due to force majeure.
11.4. The limitations mentioned in sections 11.1 and 11.2 of the Agreement shall apply regardless of the nature of the claim (whether it is a violation of the Agreement or a legal violation, including negligence), even if the Administration has previously been notified or could reasonably anticipate the possibility of such damages or losses.
12. WAIVER OF CLAIMS
The Administration's failure to notify the User of any breach by the User of any provision of these Terms or the failure to exercise any rights shall not be deemed a waiver of such rights.
13. DIVISIBILITY OF CONDITIONS
If any provision of this Agreement is deemed invalid or unenforceable under any law, act, decree, or decision of a competent authority, such provision shall be deemed modified or excluded only to the extent necessary to comply with such act, decree, or decision, and the remaining provisions shall remain in full force and effect.
14. ASSIGNMENT OF RIGHTS
The Administration may assign or otherwise transfer its rights and/or obligations under this Agreement without notifying the User. The User may not assign or otherwise transfer its rights and/or obligations under this Agreement.
15. APPLICABLE LAW AND JURISDICTION
All inquiries related to the interpretation, validity, and performance of this Agreement shall be governed, construed, and enforced in accordance with English law. Disputes must be resolved in writing by sending a claim to the Administration's email address. The claim must describe the nature and basis of the claim or dispute. If the dispute is not resolved, the parties may apply to the state court of claimant residency in accordance with the current legislation.