Introduction

These Terms govern the use of the following Telegram-based chatbot services operated by GPT4Telegrambot Inc.:

(collectively, the “Chatbot”).

By clicking “Start” or otherwise accessing or using any of the above Chatbot services, you agree to be bound by this End User License Agreement (“Agreement”).

If you do not agree to these terms, you must not use the Chatbot.

Definitions

For the purposes of this Agreement:

“Administrator” means GPT4Telegrambot Inc., a corporation organized under the laws of the State of California, with its registered address at 1401 21st St, Ste R, Sacramento, CA 95811.

“Chatbot” means the Telegram-based AI service(s) operated by the Administrator at the links listed above, including all related features, content, and functionality.

“User” means any individual who accesses or uses the Chatbot.

“Account” means the User’s Telegram-based interface used to interact with the Chatbot.

“Content” means any text, images, videos, audio, code, data, or other materials generated, displayed, or made available through the Chatbot.

1. General

1.1 Scope

This Agreement governs the access to and use of the Chatbot and any related services provided by the Administrator.

1.2 Binding Agreement

This Agreement, together with any additional policies or terms posted within the Chatbot from time to time (“Supplementary Terms”), constitutes a legally binding agreement between the User and the Administrator under the laws of the State of California, as amended from time to time.

1.3 Modifications

The Administrator may amend or update this Agreement at any time at its sole discretion.

Any changes become effective upon posting within the Chatbot, unless otherwise stated.

Continued use of the Chatbot after such changes constitutes acceptance of the revised Agreement.

2. Use of the Chatbot

The Chatbot enables Users to submit prompts for text, code, image, and video generation, as well as to receive answers to questions, using integrated third-party AI technologies, including but not limited to OpenAI ChatGPT, Google Gemini, and other services that may be integrated in the future.

2.1 License

The Administrator grants the User a free, non-exclusive, non-transferable, and revocable license to access and use the Chatbot and the User Account during the period in which they are made available, subject to compliance with this Agreement.

2.2 Access and Availability

The Chatbot and the User Account may be accessed via the Telegram messenger (web, mobile, and desktop versions) using personal computers and mobile devices.

The availability of specific features may be modified, suspended, or discontinued at the Administrator’s discretion.

3. Description of the Chatbot and Services

3.1. The Chatbot provides AI-generated responses to User prompts, including informational responses, text generation, image and video generation, and code generation. Certain features or usage limits may require payment, including access to a higher number of requests or premium functionality.

3.2. Subject to this Agreement, the Chatbot is made available to Users for submitting prompts and receiving automated responses generated through integrated AI technologies.

3.3. The Administrator may modify, update, suspend, or discontinue any part of the Chatbot, including features and functionality, at any time at its sole discretion.

4. Acceptable Use

4.1 Prohibited Uses

The User may not use the Chatbot for any unlawful, fraudulent, harmful, or otherwise prohibited purpose, including but not limited to:

violating applicable laws or regulations;
infringing the privacy or rights of others;
generating defamatory, fraudulent, or misleading content;
harassment, blackmail, impersonation, or creation of deceptive materials;
attempting to exploit or misuse the Chatbot.

4.2 User Responsibility

The User is solely responsible for all activities conducted through their Account.

The User agrees not to use the Chatbot for unlawful or prohibited activities.

If the User obtains information relating to other users while using the Chatbot, the User agrees not to misuse or unlawfully disclose such information.

4.3 Compliance with Laws and Third-Party Rules

The User agrees to comply with all applicable laws and regulations, as well as the rules and policies of Telegram.

4.4 Account Security

Any activity performed through the User’s Account is deemed to have been performed by the User.

The User is responsible for maintaining the confidentiality of their Account access.

5. Registration, Plans, and Payments

5.1 Account Activation

The User may begin using the Chatbot by clicking the “Start” button within Telegram.

5.2 Free Access

Registration and basic access to the Chatbot are free of charge.

The Administrator may provide a limited number of free requests per week or month. The current limits, if any, are displayed within the Chatbot interface and may be modified at the Administrator’s discretion.

Unless otherwise specified in the Chatbot interface, Users may submit up to:

100 text generation requests per week;
25 image generation requests per week.

If a request cannot be processed due to a technical error, it will not be counted toward the User’s limit.

5.3 Paid Plans

Certain features require a paid subscription or purchase of additional usage packages (“Paid Plans”).

Paid Plans may include:

increased request limits (e.g., “Premium”, “Premium X2”);
additional image, audio, or video generation packages;
other premium functionality.

Details regarding pricing, plan features, and payment methods are displayed within the Chatbot and are incorporated into this Agreement by reference.

The Administrator reserves the right to modify pricing or plan features for future purchases.

5.4 Payments

All payments must be made through the payment methods made available within the Chatbot.

The User is responsible for any applicable taxes, transaction fees, or currency conversion charges unless otherwise stated.

5.5 Refund Policy

The User may request a refund for a Paid Plan by submitting a request through the Chatbot support system and providing proof of purchase and the associated Telegram ID.

Refunds are subject to the following conditions:

(a) Full Refund

A full refund will be issued if:

no more than 10% of the purchased usage has been consumed; and
no more than 2 calendar days have passed since the date of purchase.

(b) Partial Refund

A partial refund may be issued if:

no more than 50% of the purchased usage has been consumed; and
no more than 7 calendar days have passed since the date of purchase.

The refund amount will be calculated proportionally based on unused usage.

(c) No Refund

No refund will be issued if:

more than 50% of the purchased usage has been consumed; or
more than 7 calendar days have passed since the date of purchase.

(d) Processing

Refunds will be processed within 7 calendar days of approval and will be returned to the original payment method unless otherwise agreed.

If multiple Paid Plans were purchased, refunds will be calculated separately for each plan.

The Administrator may deduct administrative or transaction fees where permitted by applicable law.

6. User Obligations and Restrictions

6.1 General Obligations

When using the Chatbot, the User agrees to:

comply with all applicable laws and regulations;
comply with this Agreement and any Supplementary Terms;
comply with Telegram’s applicable terms and policies;
maintain the security of their Account and promptly notify the Administrator of any unauthorized access or suspected security breach.

The User is responsible for ensuring that any content submitted to or generated through the Chatbot does not infringe the rights of third parties.

6.2 Responsibility for Content and Use

The User is solely responsible for:

all prompts submitted to the Chatbot;
any content generated, shared, published, or otherwise used by the User;
ensuring that their use of the Chatbot complies with applicable intellectual property, privacy, and other laws.

If the User becomes aware of misuse of the Chatbot by others, the User may notify the Administrator.

6.3 Prohibited Conduct

The User may not:

use the Chatbot for any unlawful, fraudulent, deceptive, or harmful purpose;
attempt to interfere with, disrupt, or compromise the security or functionality of the Chatbot;
attempt to gain unauthorized access to systems, data, accounts, or restricted features;
use automated scripts, bots, scraping tools, or other automated methods to access or interact with the Chatbot without authorization;
upload or distribute malware, viruses, or other harmful code;
use the Chatbot to generate or distribute content that violates applicable laws, including but not limited to content involving:

fraud, impersonation, or defamation;
unlawful harassment or threats;
sexual exploitation of minors;
illegal drugs or controlled substances;
explicit illegal pornography;
incitement of violence or criminal activity;
unlawful discrimination or hate speech;
any other content prohibited by applicable law.

6.4 No Circumvention

The User may not access the Chatbot except through the interfaces and methods provided by the Administrator, unless expressly authorized in writing.

6.5 Compliance with Local Laws

The User is responsible for complying with the laws and regulations applicable in their jurisdiction.

The Administrator makes no representation that the Chatbot is appropriate or lawful for use in all jurisdictions.

7. Rights of the Administrator

7.1 Service Management

The Administrator may, at any time and without prior notice:

modify, update, redesign, or remove any part of the Chatbot;
change or discontinue features, functionality, or content;
suspend or restrict access to the Chatbot or any portion thereof;
perform moderation of content where deemed necessary.

The Administrator retains full discretion over the operation and management of the Chatbot.

7.2 No Obligation to Monitor

The Administrator is not obligated to monitor User activity, content, or communications within the Chatbot.

The Administrator is not responsible for the acts or omissions of Users.

However, the Administrator reserves the right to investigate violations of this Agreement and take appropriate action, including suspension or termination of access.

7.3 Additional Rights

The Administrator retains all rights provided under this Agreement, applicable law, and those reasonably necessary to operate and protect the Chatbot and its services.

8. Intellectual Property

8.1 Platform Ownership

All intellectual property rights in and to the Chatbot, including its software, design, interface, trademarks, logos, databases, and underlying technology, are owned by the Administrator or its licensors and are protected under applicable intellectual property laws.

Nothing in this Agreement transfers ownership of the Chatbot or its underlying technology to the User.

8.2 Restrictions on Platform Content

Except as expressly permitted under this Agreement, Users may not copy, modify, distribute, publicly display, reverse engineer, or otherwise use any part of the Chatbot or its proprietary content without prior written authorization from the Administrator.

8.3 User Content and Prompts

The User retains ownership of any content or prompts submitted to the Chatbot (“User Input”).

By submitting User Input, the User grants the Administrator a worldwide, non-exclusive, royalty-free license to use, process, store, and transmit such User Input solely for the purpose of operating, maintaining, and improving the Chatbot.

8.4 AI-Generated Content

Subject to applicable law and third-party model provider terms, the User owns the content generated by the Chatbot in response to their prompts (“Output”).

The Administrator does not claim ownership of such Output.

The User is responsible for ensuring that their use of the Output complies with applicable laws and does not infringe third-party rights.

9. Disclaimers; Limitation of Liability; Security

9.1 Disclaimer of Warranties

THE CHATBOT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
NON-INFRINGEMENT;
ACCURACY, RELIABILITY, OR COMPLETENESS OF OUTPUT;
UNINTERRUPTED OR ERROR-FREE OPERATION.

The Administrator does not guarantee that the Chatbot will meet the User’s expectations or requirements.

9.2 AI Output Disclaimer

The Chatbot generates automated responses using artificial intelligence technologies.

Outputs may be inaccurate, incomplete, misleading, or inappropriate. The User is solely responsible for reviewing and verifying any content generated before relying on it.

The Chatbot does not provide legal, financial, medical, or other professional advice.

9.3 Data and Privacy

The Administrator does not require Users to submit personal data to use the Chatbot. Users should avoid submitting sensitive personal information.

Payment information is processed by third-party payment providers. The Administrator does not store full payment card details.

The Administrator may collect anonymized or aggregated usage data for the purposes of operating, maintaining, improving, and analyzing the Chatbot.

9.4 Security and Transmission Risk

The Administrator does not guarantee the absolute security of data transmitted over the internet.

The User acknowledges that use of the Chatbot and submission of information occurs at the User’s own risk.

9.5 Third-Party Services

The Chatbot may contain links to or integrations with third-party services.

The Administrator is not responsible for the content, functionality, policies, or practices of any third-party services.

Use of third-party services is at the User’s own risk and subject to the applicable third-party terms.

9.6 No Monitoring Obligation

The Administrator is not obligated to monitor User activity but reserves the right to review, moderate, remove content, or suspend access in its sole discretion.

9.7 Suspension and Termination

The Administrator may suspend or terminate access to the Chatbot at any time, with or without notice, if:

the User violates this Agreement;
the Administrator believes the User poses a risk to the Chatbot or other Users;
required by law.

The Administrator shall not be liable for any loss resulting from suspension or termination.

9.8 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE ADMINISTRATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION.

THE ADMINISTRATOR’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE USER TO THE ADMINISTRATOR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

This limitation applies regardless of the form of action.

Some jurisdictions do not allow certain limitations of liability. In such cases, liability shall be limited to the maximum extent permitted by law.

10. Force Majeure

10.1 Definition

The Administrator shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to:

natural disasters;
war, terrorism, civil unrest;
governmental actions or regulatory changes;
internet or telecommunications failures;
failures of hosting providers or data centers;
actions or inactions of third-party service providers;
disruptions or restrictions imposed on Telegram;
limitations imposed by payment providers, app stores, or API providers.

10.2 Effect

Performance obligations shall be suspended for the duration of the force majeure event.

If such event continues for more than thirty (30) days, the Administrator may suspend or terminate the Chatbot without liability.

11. Privacy and Data

11.1 User Information

The Chatbot is designed to operate without requiring Users to submit personal identifying information.

Users are strongly advised not to submit sensitive personal data (including health, financial, or other confidential information) when interacting with the Chatbot.

Any personal information voluntarily submitted by a User is provided at the User’s own risk.

11.2 Data Processing

The Administrator may process limited technical and usage data necessary to operate, maintain, secure, and improve the Chatbot.

Such data may include anonymized or aggregated information, including Telegram username, Telegram ID, and usage statistics.

The Administrator does not sell personal data to third parties.

Payment information is processed by third-party payment providers and is subject to their respective privacy policies.

11.3 Communications

By using the Chatbot, the User consents to receive service-related and informational communications within the Chatbot interface.

Where permitted by applicable law, the Administrator may also provide promotional communications related to its services.

Users may opt out of non-essential communications where such option is available.

12. Miscellaneous

12.1 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.2 Electronic Acceptance

This Agreement is entered into electronically.

By accessing or using the Chatbot, the User agrees that such actions constitute electronic acceptance of this Agreement and have the same legal effect as a written signature under applicable law, including the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.).

12.3 Entire Agreement

This Agreement constitutes the entire agreement between the User and the Administrator regarding the use of the Chatbot and supersedes any prior understandings or agreements relating to its subject matter.

12.4 Governing Law and Venue

Subject to Section 12.6 (Arbitration Agreement), this Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law rules.

To the extent any dispute is permitted to be brought in court notwithstanding Section 12.6, such dispute shall be brought exclusively in the state or federal courts located in the State of California, and the parties consent to the jurisdiction of such courts.

12.5 Indemnification

To the extent permitted by applicable law, the User agrees to defend, indemnify, and hold harmless the Administrator, its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

the User’s use of the Chatbot;
the User’s violation of this Agreement;
the User’s violation of any applicable law or regulation;
the User’s infringement of any third-party rights, including intellectual property or privacy rights.

The Administrator reserves the right to assume exclusive defense and control of any matter subject to indemnification, at the User’s expense.

12.6 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to this Agreement or the use of the Chatbot shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with the AAA Consumer Arbitration Rules (or Commercial Arbitration Rules, as applicable).

Arbitration shall take place in the State of California, unless otherwise required by applicable law.

The arbitration may be conducted remotely by video or telephone, unless the arbitrator determines that an in-person hearing is necessary.

The arbitration shall be conducted by a single arbitrator.

Judgment on the arbitration award may be entered in any court having jurisdiction.

Notwithstanding the foregoing, the Administrator may seek injunctive or equitable relief in any court of competent jurisdiction for the protection of intellectual property rights.

The User may opt out of arbitration within thirty (30) days of first use by sending written notice to the Administrator at the address listed in Section 12.8, including the User’s Telegram ID and a clear statement of intent to opt out of arbitration.

12.7 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIMS SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

THE USER AGREES NOT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING AGAINST THE ADMINISTRATOR.

The arbitrator shall not have authority to consolidate claims or conduct any class or representative proceeding.

If this class action waiver is found to be unenforceable, the arbitration provision shall be deemed null and void.

12.8 Contact Information

Questions regarding this Agreement may be directed to:

GPT4Telegrambot Inc.
1401 21st St, Ste R
Sacramento, CA 95811
United States