End User License Agreement
The following rules for the use of the “ChatGPT 4 | Midjourney | Claude | Suno” facilities in the Telegram messenger available at the address https://t.me/GPT4Telegrambot and “ChatGPT 4 | Midjourney | Gemini | Claude” facilities in the Telegram messenger available at the address https://t.me/GPT4Tbot (hereinafter, the Chatbot), are a public offer in the meaning of California Civil Code for any persons willing to use the Chatbot, including any of its services, sections, facilities, capabilities, and tools, and also for those who have already started using the Chatbot as well as for those who have been registered (hereinafter, the Users).
Proper Acceptance of the Offer as per the California Civil Code shall be the sequential performance of all the following actions in their aggregate by a third party:
• Clicking the Start button in the Chatbot;
• Reading and understanding the terms and conditions of the End User License Agreement.
From the time of acknowledgment, registration in the Chatbot shall be deemed to have been completed, the offer contained in the End User License Agreement shall be deemed to have been duly accepted, and the terms and conditions of the End User License Agreement shall become binding on the registered person.
Terms and definitions:
“Offer” shall mean an offer addressed to natural persons which contains all the material conditions of a contract in a standard form, from which it appears that the User is willing to execute a contract under the terms and conditions specified in the Agreement (deed of accession) with anyone who answers.
“Chatbot” shall mean an Internet resource which is an aggregate of information and intellectual property contained in the information system (including application software, database, interface design, etc.) accessed from different user devices connected to the Internet through special software (Telegram messenger) for correspondence and interaction with the bot functionality (messenger) at the network address https://t.me/GPT4Telegrambot. For the purposes of the End User License Agreement, the terms “Chatbot” and “platforms” are synonymous.
“Administrator”: according to the End User License Agreement and also according to special read-only documents and other read-only information available to the Users in the respective sections of the Chatbot, the term “Administrator” is understood as a Legal entity under the laws of U.S., namely the GPT4Telegrambot Inc. 1401 21st ST, STE R SACRAMENTO, CA 95811, which, among other things, provides the use of software, organizes the operation of the Chatbot and provision of information services within the Chatbot which do not require a special license.
“Acceptance of the Offer” shall mean the performance of actions by a natural person as specified in the Offer, which evidence the acceptance of the Offer conditions by such a natural person to the full extent, including the performance of actions to comply with the terms and conditions specified in the Offer according to California Civil Code. Acceptance of the Offer shall mean the full and unconditional consent to the terms and conditions thereof. Acceptance of the Offer is a confirmation of the fact that all and any conditions of the Offer are accepted by the User in their entirety without any reservations or restrictions, and the Acceptance of the Offer confirms that the User has familiarized himself/herself with all the Service provision conditions and the Offer conditions, that the User understands all the Service provision conditions and the Offer conditions, that the User has exercised the right to obtain any clarifications regarding the Service provision conditions and the Offer conditions from the Administrator, and confirms the fact that the Service and Offer conditions fully conform to the User’s intent. Acceptance of the Offer shall mean that the Offer does not contain any conditions specified in California Civil Code and does not contain other terms and conditions onerous for the User which the User, in its reasonably understood interest, would not accept if he/she could take part in the determination of the Offer conditions, and the Services specified in this Offer are not thrust on the User as services additional to the services to be provided to the User under the agreement on provision of services rendered by the Administrator.
“Contract” shall mean the contract for the paid provision of additional services technologically inextricably linked to the principal services of the Chatbot (granting access to the extended list of requests for generation of text and images, etc.) together with all Appendices and Additional Agreements thereto, executed between the Administrator and the User based on the Offer accepted by the User, which lodges the Administrator and the User with rights and obligations specified in the Offer as well as with additional rights and obligations specified in the Contract, if any. Any reference to the Contract (article of the Contract) and/or the conditions thereof shall mean the respective reference to the Offer (article of the Offer) and/or the conditions thereof. The Contract shall be executed in writing by way of the generation of electronic documents signed with the basic electronic signature of the User.
“Content” shall mean any results of intellectual activity and the means of identification posted in the Chatbot and/or made available to the public through the Chatbot, including design elements, texts, graphic images, illustrations, videos, scripts, application software, and modules thereof, pieces of music, audio tracks, databases, and other items, and any other registrable results of intellectual activity or selections thereof.
“Credentials” shall mean the aggregate of the User data necessary for the authentication of the User and granting access to the Chatbot, personalized services, sections, facilities, capabilities, and tools in compliance with the Chatbot functionality incorporated by the Administrator.
“User” shall mean a natural person who has executed a Contract with the Administrator in a written electronic form as a result of Acceptance of the Offer and thereby has been granted the right to use the Chatbot and the additional Administrator's services which are technologically inextricably linked to the Chatbot services (granting access to the content and the creation thereof), and who performs his/her obligations under the Contract to the full extent. Unless otherwise provided for, the User who has executed a Contract with the Administrator by way of Acceptance of the Offer is the natural person who accepted the Offer by using its My Account and used the Basic Electronic Signature, which conforms to the User’s personal data contained in the User’s My Account. The terms “My Account” and “Basic Electronic Signature” are defined in this Offer.
“My Account” shall mean a workplace (which is understood to be the window for correspondence with the Chatbot in the Telegram messenger) of the User in the Chatbot through which the User can communicate with the Administrator for the purposes of implementation of the Chatbot functionality, acquisition of subscriptions and other services provided by the Administrator.
“Basic Electronic Signature” shall mean digital information which is linked to other digital information (Accepted Offer) or otherwise connected with such information and used for the identification of the person who accepts the Offer.
1. General
The End User License Agreement (the “Agreement”) sets the rules for using the Chatbot in Telegram Messenger, defining the rights and responsibilities of both Users and the Administrator. By using the Chatbot, you agree to these terms, which cover all related actions and interactions. If you don't agree with any part of the Agreement, you must stop using the Chatbot immediately. Continued use implies your full acceptance of the terms. The Administrator can change the Agreement at any time, and these changes will be posted in the Chatbot. Users are responsible for checking for updates, and using the Chatbot means you accept any changes.
1.1. The End User License Agreement (hereinafter, the “Agreement”) shall determine the conditions for the use and operation of the Chatbot (including the Chatbot in the mobile and desktop Telegram applications), the rights and obligations of any Users, and the rights and obligations of the Administrator if expressly provided for and/or follows from the reasonable interpretation of the context of the Agreement. The Agreement shall apply to the relations directly or indirectly connected with the rights and legitimate interests of any third parties other than the Users or the Administrator, the rights and legitimate interests whereof may be affected by the User’s acts or omissions.
1.2. The Agreement, together with other read-only special documents and other read-only information available for the Users as posted by the Administrator in the appropriate sections of the Chatbot previously, currently, or in the future about the operation of the Chatbot, the conditions of the use of the Chatbot, the commitment of other actions connected with the Chatbot, explaining the procedure for communication between the Administrator and the Users, are inherently a legally binding agreement between the User and the Administrator.
1.3. The User and the Administrator consider the Agreement to be a deed of accession according to California Civil Code. When starting to use the Chatbot, the User gives its consent to the public offer in the meaning of the California Civil Code and acknowledges that the Agreement does not contain any conditions which deprive the User of the rights generally granted under deeds of such type, does not exclude or unfairly limit the liability of the other party for a violation of the latter’s obligations, and does not contain any conditions clearly onerous for the acceding User which such User, in his/her reasonably understood interest, would not accept if he/she could take part in the determination of the conditions of such a deed. Starting to use the Chatbot shall mean the acceptance of the Agreement by taking implicative actions, in which case the Agreement, which is an offer, shall be deemed to have been accepted to the full extent.
Should the User disagree with any type of restrictions, the User’s obligations, limitations of the Administrator’s liability, or any conditions for the use of the Chatbot, the User undertake to stop using the Chatbot without delay, including any of its services, sections, facilities, capabilities, and tools (including the mobile version of the Chatbot and the respective mobile application). Continued use of the Chatbot, including any of its services, sections, facilities, capabilities, and tools (including the mobile version of the Chatbot and the respective mobile application) shall be deemed to be an unconditional acceptance by the User of the conditions adopted by the Administrator, including the terms and conditions of the Agreement, for which reason the User under no circumstances may refer on the absence of such consent.
1.4. The first use of the Chatbot shall be considered by the User and the Administrator to be full and unconditional acceptance of all the terms and conditions of the Agreement by the User (together with other read-only special documents and other read-only information available to the Users as posted by the Administrator in the appropriate sections of the Chatbot previously, currently or in future about the operation of the Chatbot, the conditions of the use of the Chatbot, the commitment of other actions connected to the Chatbot, explaining the procedure for communication between the Administrator and the Users), for which reason the User who started to use the Chatbot, its services, sections, facilities, capabilities, and tools shall be deemed to have executed the deed by taking implicative actions – actions which evidence the aforesaid full and unconditional acceptance of the contractual conditions issued in the form of this Agreement.
1.5. Administrator may, at any time and at its sole discretion, amend the Agreement as well as other read-only special documents and other read-only information available to the Users which are posted by the Administrator in the appropriate sections of the Chatbot, inter alia by way of supplementing or reducing the same, by establishing additional obligations and/or rights both for the User and the Administrator, or by terminating such obligations and/or rights, or by making any other amendments to the Agreement.
When accepting the Agreement, the Users undertake to verify the Agreement by themselves, as well as other read-only special documents and other read-only information available to the Users, as posted by the Administrator in the appropriate sections of the Chatbot to identify any amendments or additions thereto, and the parties agree that the User, acceding to the Agreement, acknowledges that he/she is aware of all the terms and conditions of the Agreement, both specified hereinabove and hereinafter, as well as all amendments and additions to the Agreement which will be made subsequently after the first use of the Chatbot or in the course of the use of the same.
The Administrator, acting in good faith, undertakes to post any amendments to the Agreement in the respective section of the Chatbot, and the Agreement will be effective as amended from that time.
2. Use of the Chatbot
The Chatbot allows you to make requests for text & code generation, answer questions, and create images using software like OpenAI ChatGPT and Midjourney. You can access and use the Chatbot and your account on personal computers and mobile devices through Telegram. The Administrator provides you with a free, non-exclusive license to use these features as long as they are available.
2.1. The use of the Chatbot is governed by the provisions of this Agreement, including the functions of making the User able to state requests to the Chatbot for the generation of texts, provision of answers to the User’s questions, coding by using the Chatbot, and generation of images by using the OpenAI ChatGPT software, Midjourney, and other facilities which may subsequently be integrated into the Chatbot.
2.2. The Administrator authorizes the User to use the Chatbot, My Account, and Chatbot facilities for the intended purposes thereof, inter alia, by accessing the Chatbot and My Account from personal computers and mobile devices (in the framework of the web version, mobile and desktop versions of the Telegram messenger) and by using the explicit features of the Chatbot and My Account under the conditions of a free ordinary (non-exclusive) license within the area of access to the Chatbot, My Account, and their features for the period when the Chatbot and its features remain available to the User.
3. Description of the products and the Chatbot
The “ChatGPT | Midjourney | Claude | Suno AI – GPT4Telegrambot Inc.” Chatbot generates responses to your requests, including information, text and image creation, and coding. Some services may require a fee, especially for high usage. The Chatbot's purpose is to answer your questions and complete tasks as per the Agreement. The Administrator can change, add, or remove any features of the Chatbot at any time.
3.1. The “ChatGPT | Midjourney | Claude | Suno AI – GPT4Telegrambot Inc.” Chatbot is intended for the generation of feedback of the "ChatGPT" artificial intelligence to the Users’ requests in terms of provision of information on a wide range of matters, text and image generation at the Users’ requests, and coding. Some of the Administrator’s services may be provided for a fee, inter alia, in case of sending a larger number of requests within the Chatbot.
3.2. In compliance with the Agreement and any other applicable special documents executed between the User and the Administrator, the Chatbot is provided for giving answers to the User’s requests and fulfilling the tasks set for the Chatbot.
3.3. The Administrator shall reserve the right to amend, modify, supplement, or delete any features and capabilities of the Chatbot at any time at its sole discretion.
4. Conditions for the use of services, facilities, and features of the Chatbot
You must not use the Chatbot for illegal or prohibited activities, such as gathering private information without consent, blackmail, or creating fake information. You are responsible for your actions when using the Chatbot and must avoid any immoral or unlawful activities. Do not share personal information about other users or the Administrator, especially information not provided through the Chatbot. You are accountable for all actions taken through your account and must follow the law and Telegram's rules. By using the Chatbot, you agree to these terms and confirm your intent to comply.
4.1. It is prohibited to use the Chatbot for any purposes which are illegitimate (including, without limitation: a collection of information on a person’s private life without the consent of such a person, collection of compromising evidence, blackmailing, creation of fakes, photo collages or other untrue information, etc.) or prohibited by the Agreement.
4.2. THE USER AGREES TO ASSUME RESPONSIBILITY FOR THE USE OF THE CHATBOT. WHILE THE USER IS USING THE CHATBOT, THE ADMINISTRATOR REQUIRES THAT THE USER REFRAINS FROM USING THE CHATBOT FOR TAKING ILLEGITIMATE OR IMMORAL ACTIONS. THE USER ALSO WARRANTS THAT AS A RESULT OF ITS USE OF THE CHATBOT, HE/SHE WILL NOT DISSEMINATE INFORMATION ON OTHER USERS (EXCEPT FOR USING SUCH INFORMATION FOR THE PROTECTION OF LEGITIMATE RIGHTS AND INTERESTS, INTER ALIA WHEN APPLYING TO LAW ENFORCEMENT AUTHORITIES), IF THE USER RECEIVES SUCH INFORMATION WHEN USING THE CHATBOT, AND ALSO UNDERTAKES NOT TO DISSEMINATE ANY INFORMATION ON THE ADMINISTRATOR, INCLUDING INFORMATION WHICH HAS NOT BEEN COMMUNICATED TO THE USERS WITHIN THE CHATBOT AND ANY OF ITS SERVICES, SECTIONS, FACILITIES, CAPABILITIES, AND TOOLS.
4.3. The User shall be liable under the law for the conduct and actions taken through My Account and by using the Credentials. The User shall comply with the requirements of the law and any other mandatory instructions, including the rules established by the Telegram messenger.
4.4. Familiarization with the Agreement and acceptance of the terms and conditions hereof shall express the User’s intent to take part in the use of the Chatbot.
4.5. Any acts committed by using the Credentials shall be deemed to have been committed by the User.
5. Acceptable use policy and procedure for the User registration in the Chatbot
To start using the Chatbot in Telegram, click the "Start" button, accept the terms, and agree to the End User License Agreement. Registration is free, but you need to purchase a subscription for extended features if you make many requests. After registration, you'll have access to Chatbot updates and payment options for different service plans.
5.1. The User shall initiate the operation of the Chatbot in the Telegram messenger by clicking the "Start" button in the framework of the interaction of the Chatbot, accept the Offer proposed by the Administrator and agree to the terms and conditions of the End User License Agreement.
5.2. No fee for the registration in the Chatbot will be collected, but to obtain access to the extended functionality of the Chatbot and the Administrator’s services (in case of a large number of requests to the Chatbot per week/month), the User will be obliged to purchase one of the rates offered by the Administrator, at the User’s option.
5.3. Upon registration and acknowledgment thereof, the User will be granted access to the Chatbot functionality with the capability of receiving information from the Administrator on the Chatbot updates and choosing the rates and services for payment.
5.4. Upon registration, the User can choose one of the following rates: Premium, Premium X2 or Combo:
• Premium: includes up to 100 requests for text generation using the GPT-3.5 models daily and up to 10 requests for Midjourney image generation within one month. The rate cost is $4.50 per month;
• Premium X2: includes up to 200 requests for text generation using the GPT-3.5 models daily and up to 20 requests for Midjourney image generation within one month. The rate cost is $8 per month.
• Combo: includes up to 100 requests for text generation using the GPT-3.5 models daily, up to 50 requests for text generation using the GPT-4 model, and up to 100 requests for Midjourney image generation within one month. The rate cost is $10.50 per month.
Separately, the User can purchase text and image generation packages using GPT-4, Claude 3, Suno AI, and Midjourney.
5.5. Upon registration, the following features and facilities of the Chatbot will become available to the User:
• Text copywriting and rewriting;
• Translation of a text from any language;
• Code writing and editing;
• Provision of answers to questions asked by the User;
• Selection of rates offered by the Administrator;
• Check the rate status by clicking the Account button in the appropriate section of the Chatbot.
6. Obligations of the User
Compliance: Follow California laws, Telegram's rules, this Agreement, and any other relevant documents. Notify the Administrator if your account is accessed without permission or if you see any illegal activity.
Legitimacy: Ensure you have the right to use any content (e.g., images, texts, music) you upload and don't violate laws or others' rights.
6.1. When using the Chatbot, including the Chatbot services, sections, facilities, capabilities, and tools, the User shall:
6.1.1. comply with the provisions of the existing laws of the State of California, USA, the Telegram messenger Agreement, this Agreement, the provisions of other read-only special documents, and other read-only information available to the User as posted by the Administrator in the appropriate sections of the Chatbot, as well as the provisions of the laws of foreign states when the compliance therewith is required by mandatory requirements of the laws of such foreign states;
6.1.2. notify the Administrator of any unauthorized access to My Account or unauthorized use of the Credentials;
6.1.3. before using information and any objects (including, without limitation, third-party pictures, literary works (texts) of various content, pieces of music, audiovisual works, audio tracks, photos, and other results of intellectual activity and means of identification), verify and assess the legitimacy of the use thereof, avoiding violation of the law and third-party rights and legitimate interests;
6.1.4. notify the Administrator of any unlawful acts of other Users which have come to the knowledge of the User when such acts are directly or indirectly related to the Administrator’s activity.
6.2. In case of any doubt regarding the legitimacy of certain acts or omissions, including those related to the use of any type of information, results of intellectual activity, or provision of access, as well as in case of the existence of a direct or indirect prohibition established by the respective right holder, the applicable State of California, USA laws or laws of a foreign state, provisions of this Agreement, and the provisions of other read-only special documents and other read-only information available to the Users, the User shall refrain from such acts or omissions and hereby guarantees compliance with such requirements to the Chatbot Administration.
6.3. When using the Chatbot, the User (along with any other prohibitions and restrictions established by the Agreement, special documents, and other information available for the Users for reading as posted by the Administrator in appropriate sections of the Chatbot or reasonably resulting therefrom) may not:
6.3.1. use any software or commit acts intended to compromise the normal operation of the Chatbot, the service provision procedure, operation of Chatbot sections, facilities, capabilities, and tools as well as accounts of other Users or other third parties, inter alia take any actions with the purpose, inter alia, of gaining access to the Chatbot sections, facilities, and capabilities hidden from the User, obtaining personal data of third parties, including information of third-party payment instruments, gaining possession of the rights of the Administrator or the Chatbot, third-party mailboxes, etc.;
6.3.2. upload, store, publish, distribute, make publicly available, grant access, or otherwise use malicious software, including viruses, Trojan codes, password crackers, etc.;
6.3.3. use automated scripts (programs) for the collection of information in the Chatbot and (or) interaction with the Chatbot, its services, sections, facilities, capabilities, and tools;
6.3.4. exercise (try to gain) access to any Chatbot services, sections, facilities, capabilities, and tools other than through the interface provided by the Administrator except when such actions have been directly permitted under a separate agreement with the Administrator;
6.3.5. publish/make publicly available or otherwise use any textual, graphic, audial, audiovisual, or other information by using the Chatbot or any of its services, sections, facilities, capabilities, or tools, which information, in the personal opinion of the Administrator, is undesirable, incompliant with the Chatbot purposes and the principal methods of the use thereof, prejudice the interests and/or violate the rights of the Users and/or third parties, or is not appropriate for posting in the Chatbot for other reasons, including information which poses a risk to third parties, information aimed at the undermining of the foundations of the constitutional system, information which by its nature and/or content may be recognized to be extremist, and information which represents or contains any form of discrimination, including discrimination on account of gender, race, origin, confession, etc., as well as the following information:
6.3.6. engage by using the Chatbot or any of the Chatbot services, sections, facilities, capabilities, or tools in:
- propaganda of drugs, psychotropic substances and precursors thereof, new potentially dangerous psychoactive drugs, cultivation of drug-yielding plants, their sales points, methods and locations for cultivation of drug-yielding plants;
- propaganda of any advantages of the use of certain drugs, psychotropic substances, analogs and precursors thereof, new potentially dangerous psychoactive drugs, and drug-yielding plants, including propaganda of the use thereof for medical purposes;
- distribution of samples of pharmaceuticals containing drugs or psychotropic substances;
- inducement to suicide by way of persuasion, proposals, bribery, fraud, or by other methods, with no signs of forcible suicide;
- contributing to suicide by advice, instructions, provision of information, suicide facilities or tools or by removal of obstacles to commitment thereof or a promise to conceal the suicide facilities or tools;
- production and (or) transfer across the State Border of the U.S.A. for distribution, public display, or advertising purposes or distribution, public display, or advertising of pornographic materials or things or information of pornographic nature, i.e., the information represented in the form of naturalistic images or description of human genital organs and (or) coitus or an act of sexual nature comparable with coitus, including such an act with an animal;
- distribution, public display, or advertising of pornographic materials or things among minors or involvement of a minor in the circulation of pornographic products;
- display, distribution, translation, transfer, and other use of any other information forbidden to be used in such a way by the applicable laws, including the laws of the User’s country.
6.4. The User shall be personally responsible for any information he or she uses, inter alia, by posting through the Chatbot.
6.5. Regardless of the applicable law stated in the End User License Agreement, the User undertakes to comply with any local laws and regulations at their location. All other things being equal, the Administrator is not responsible for any requests posted by the User in the Chatbot.
7. Organization of the Chatbot operation and the User’s communication with the Administrator
The Chatbot offers certain features and information only to registered users. Here's a summary of what you need to know:
А. Registration: To access the Chatbot services, log in to Telegram, accept the terms, and you'll get access to your account.
B. Service Plans: You can choose different plans to increase your daily request limit.
C. Free Requests: Each week, you can make up to 30 text generation requests for free.
D. Request Size: Requests can't exceed 16,000 characters. If your request is too long, the Chatbot will ask you to shorten it.
E. Errors: If a request fails due to a server error, it won't count against your free daily limit.
F. Promotions: The Administrator may run promotions or events and will share details about these within the Chatbot.
7.1. The Chatbot contains materials, information, and features only available to registered Users of the Chatbot.
7.2. Users who have contractual relations with the Administrator will gain access to the services provided by the Administrator upon execution of the contract. At the first access to the Chatbot, the User shall log in to the Telegram messenger and accept the terms and conditions of the Agreement (by clicking the button “I accept the conditions of the Agreement”), and after that, the User will be granted access to My Account according to the rules of Acceptance of the Offer.
7.3. The User may select different rates to increase the daily number of requests in the Chatbot.
7.4. As part of the use of the Chatbot, the User may send, weekly, up to 30 text generation requests without payment.
7.5. A standard request in the Chatbot may not exceed 16,000 symbols of the English alphabet (such values are approximate and may vary depending on the complexity of the request and other criteria). If the size of a request exceeds the standard value, the Chatbot will notify the User of the impossibility of processing the request and the necessity of reducing the same.
7.6. Should it be impossible to process the User’s request due to an OpenAI server error, such a request will not be counted in the User’s free daily limit.
7.7. The Administrator may conduct any promotion and testing events (webinars, courses, advertising of her services, etc.), posting information on such arrangements and events on any pages and in any sections of the Chatbot at her sole discretion.
8. Rights of the Administrator
The Administrator can modify and update the Chatbot and its features at any time without prior notice. This includes changes to design, content, and functionalities. The Administrator is not responsible for monitoring user activity and is not liable for user actions. Users are responsible for any violations of third-party rights. The Administrator retains all rights provided by this Agreement and relevant laws.
8.1. THE ADMINISTRATOR SHALL BE EMPOWERED TO PERFORM, AT ANY TIME WITHOUT PRIOR NOTICE, MODERATION, AND ALTERATION OF THE DESIGN OF THE CHATBOT, ITS SERVICES, SECTIONS, FACILITIES, CAPABILITIES, AND TOOLS, MAKE ANY AMENDMENTS TO THE CHATBOT AND ITS SERVICES, SECTIONS, FACILITIES, CAPABILITIES, AND TOOLS AT THE ADMINISTRATOR’S DISCRETION, CHANGE THEIR CONTENT, DELETE, ALTER AND POST ANY RESULTS OF INTELLECTUAL ACTIVITY (INCLUDING THE USED SCRIPT AND SOFTWARE AND OTHER ITEMS USED OR STORED IN THE CHATBOT, ANY SERVER APPLICATIONS, AS WELL AS ANY RESULTS OF INTELLECTUAL ACTIVITY CREATED BY THE ADMINISTRATOR) OR SUSPEND THIRD PARTIES ACCESS TO SUCH RESULTS OF INTELLECTUAL ACTIVITIES WITH OR WITHOUT PRIOR NOTICE.
8.2. Under no circumstances shall the Administrator be obliged, while being empowered, to control the User’s activity, and the Administrator shall not be liable for acts or omissions of any persons in connection with the use of the Chatbot. The Users have been notified of the liability for violation of third-party rights as established by the law and of the inadmissibility of violation of such rights and legitimate interests.
8.3. The Administrator as the owner of the Chatbot shall enjoy other rights as provided for by this Agreement, read-only special documents and other read-only information available to the Users, as posted by the Administrator in the appropriate sections of the Chatbot or reasonably resulting from the same, the rights granted under the applicable law and generally granted to administrators of Internet resources of a similar nature.
9. Provisions on intellectual property rights
The Administrator and other right holders have exclusive rights to all content posted in the Chatbot, including design elements, texts, images, videos, scripts, music, databases, and other intellectual property. Without prior written consent, no content may be copied, distributed, displayed, or otherwise used, unless such use is permitted by the Administrator or authorized by law. Content posted online does not automatically grant consent for its use. Users agree to provide any content they create or share through the Chatbot to the Administrator for free, allowing the Administrator to use it as permitted by law without obligation to report usage to the User.
9.1. The exclusive rights to the Content posted in the Chatbot shall be as follows:
9.1.1. All results of intellectual activity and means of identification posted in the Chatbot, including design elements, texts, graphic images, illustrations, videos, scripts, application software and modules thereof, pieces of music, audio tracks, databases, and other items, any other registrable results of intellectual activity or selections thereof are items covered by exclusive rights of the Administrator and other right holders, and all rights to such items are protected under the applicable laws and international acts.
9.1.2. Except as established by this Agreement and by the applicable laws and international acts, no Content may be copied (reproduced), reworked, distributed, displayed in a frame, published, downloaded, transferred, sold, broadcasted by cable or otherwise, publicly played or shown, made publicly available or otherwise used wholly or partly without the prior written consent of the right holder, unless the right holder has expressly given its consent to the free use of the Content by any person, e.g. by granting a license through the Creative Commons system or by other admissible methods, or unless such use directly follows from the functionality integrated into the Chatbot and is performed with respect to a specially marked (designated) content intended for such use, for example, with respect to broadcast announcements. As a general rule, the very fact of posting the Content on the Internet shall not be evidence of such consent.
9.1.3. Results of intellectual activity which are created, used, inter alia made publicly available by the Users themselves by using the Chatbot, its services, sections, facilities, capabilities, and tools (including works, audio records, execution) shall be provided by the Users to the Administrator free of charge for the whole term of validity of the exclusive rights to such results of intellectual activity as provided for by the applicable laws, in all parts of the world, the right to use such results of intellectual activity by all methods expressly provided for by California Civil Code with a right to sublicense and without Administrator’s obligation to provide any usage reports to the User.
9.1.4. All rights to the Content created by the User through the use of Chatbot belong to the User, including the right to commercial use of the created Content. The User is free to use, copy, modify, distribute and otherwise exploit the Content created by the User without any restrictions from the Administrator or third parties.10. Security, liability, limitations of liability
The User acknowledges that the Chatbot and its features are provided "as is," with no warranty of fitness for particular purposes. The Administrator does not guarantee the Chatbot's compatibility with the User's needs, and usage results may vary. The Administrator disclaims responsibility for the integrity of the User's personal data shared during interactions with the Chatbot, as such data is managed by the payment service provider, Stripe. Users are informed that their interactions with the Chatbot may be analyzed for service improvement purposes, using anonymized data.
10.1. Disclaimer of Warranties. THE USER ACKNOWLEDGES AND AGREES THAT THE CHATBOT, ITS SERVICES, SECTIONS, FACILITIES, CAPABILITIES, AND TOOLS SHALL BE PROVIDED "AS IS". THE ADMINISTRATOR MAKES NO WARRANTIES WITH RESPECT TO THE CONSEQUENCES OF THE USE OF THE CHATBOT OR THE INTERACTION OF THE CHATBOT WITH OTHER SOFTWARE AND DOES NOT WARRANT THAT THE CHATBOT WILL FIT THE USER’S PARTICULAR PURPOSES; THEREFORE, THE USER ACKNOWLEDGES AND AGREES THAT THE RESULT OF THE USE OF THE CHATBOT MAY BE INCONSISTENT WITH THE USER’S EXPECTATIONS WHETHER RELATED TO THE USER’S CUSTOMIZATION OR NOT.
10.2. THE ADMINISTRATOR SHALL NOT BE RESPONSIBLE FOR THE INTEGRITY OF THE USER’S PERSONAL DATA IF THE USER ELECTS TO COMMUNICATE THE SAME WHEN INTERACTING WITH THE CHATBOT. THE ADMINISTRATOR WILL NOT COLLECT ANY PERSONAL DATA OF THE USER, WHICH MAKE IT POSSIBLE TO IDENTIFY AND ESTABLISH THE IDENTITY OF THE USER. AN ENTITY RESPONSIBLE FOR THE INTEGRITY OF ANY PERSONAL DATA AND PAYMENT INFORMATION PROVIDED BY THE USER FOR PAYMENT OF RATES THROUGH THE PAYMENT SYSTEM SHALL BE THE PAYMENT SERVICE PROVIDER STRIPE (HTTPS://STRIPE.COM/GB/LEGAL/SSA).
10.3. THE USER ALSO ACKNOWLEDGES THAT HE/SHE HAS BEEN NOTIFIED OF THE ADMINISTRATOR’S ABILITY TO USE VARIOUS FACILITIES TO ANALYZE THE USE OF THE CHATBOT, ITS SERVICES, SECTIONS, FACILITIES, CAPABILITIES, AND TOOLS BY THE USER, THE USER’S BEHAVIOR, PREFERENCES, ETC. ONLY FOR THE IMPROVEMENT OF THE CHATBOT OPERATION AND THE SERVICES PROVIDED, CORRECTION OF ERRORS, COLLECTION OF STATISTICAL DATA, ANALYTICS, AND DEVELOPMENT ANALYTICAL PRODUCTS ON THE BASIS OF THE DATA OBTAINED, INTER ALIA WITH INVOLVEMENT OF THIRD PARTIES. SUCH INFORMATION DOES NOT CONSTITUTE PERSONAL DATA THAT MAKES IT POSSIBLE TO IDENTIFY THE USER BUT COMPRISES ANONYMIZED DATA OF THE USER.
10.4. Access to the Chatbot may be gained throughout the world. Any information located or available in the Chatbot or posted on third-party resources by using the Chatbot services, sections, facilities, capabilities, and tools is, however, only intended for the use by any person in a country where the use thereof will not contradict the national (local) laws, any other national (local) regulations and will not constitute a violation of the law, administrative offense or crime. Neither of the Chatbot services, neither of the Chatbot sections, facilities, capabilities, or tools, neither of the products mentioned in the Chatbot directly or indirectly, including those available through links to third-party Chatbots and websites, are not intended to be used by any persons, including Users, located in the countries where the provision of such services, such information, tools, facilities, etc. will contradict the aforementioned laws or regulations.
10.5. The Administration cannot guarantee full security of data transfer through a public telecommunication network and the reliability of such data if they were provided by the User when interacting with the Chatbot. In this connection, the User acknowledges that any information provided by or to the Administrator, posted by the User in the Chatbot or received therein, including information provided or recorded when using the Chatbot services, sections, facilities, capabilities, and tools, will be provided and used solely at the User’s risk. The Administrator undertakes to take every effort to ensure the receipt of reliable information by the Users and to ensure the veracity of such information.
10.6. The User acknowledges that he/she has been duly notified that the Chatbot may contain links to other Chatbots (Third-party Chatbots) and websites to which the Agreement (including rules related to the processing of personal data, etc.) does not apply. The Administrator shall bear no responsibility for the content, operability, or serving the User’s interests and needs of Third-party Chatbots referenced in the Chatbot. Under no circumstances shall the Administrator be liable for any harm which may be caused to the User as a result of posting such a link in the Chatbot by the Administrator and as a result of using a link to a third-party Chatbot by the User. The User at all times undertakes to familiarize himself/ herself with the confidentiality rules and the rules of use of Third-party Chatbots and websites accessed by using the links available in this Chatbot. The User acknowledges that clickthrough to Third-party Chatbots and websites, notwithstanding the fact that such clickthrough may be made by using a link available in this Chatbot, will be made by the User at his/her own risk and that no claim related to Third-party Chatbots and websites may be raised against the Administrator.
10.7. The User shall be personally responsible for any information sent by the User when interacting with the Chatbot or otherwise made publicly available (posted) in the Chatbot or by using its services, sections, facilities, capabilities, and tools. The User may not upload, transfer, publish, or otherwise use any results of intellectual activity and means of identification in the Chatbot unless the User is authorized to do so by the applicable law and rules of international law.
10.8. THE USERS SHALL BE LIABLE UNDER THE APPLICABLE LAW FOR THEIR ACTIONS CONNECTED WITH THE USE OF ANY CONTENT THROUGH THE CHATBOT INTERFACE, THE INTERFACES OF THE CHATBOT SERVICES, SECTIONS, FACILITIES, CAPABILITIES, AND TOOLS. THE USER’S VIOLATION OF THE AGREEMENT OR REQUIREMENTS OF THE APPLICABLE LAW SHALL RESULT IN CIVIL, ADMINISTRATIVE, OR CRIMINAL LIABILITY.
10.9. The User has been notified that the Chatbot information system and software do not contain any engineering solutions which perform automatic censorship and preliminary control of the User’s actions and information relations when using the Chatbot, its services, sections, facilities, capabilities, and tools.
10.10. Administration of the Chatbot shall not be liable for the User’s violation of this Agreement and shall reserve the right, at its sole discretion and upon receipt of the information on the User’s violation of this Agreement from other Users or third parties, to amend (moderate) or delete any information posted by the User which violates the prohibitions established by the Agreement, to suspend, restrict, or terminate the User’s access to any or all sections or facilities of the Chatbot at any time for any reason or without giving any reasons, with or without prior notice, without liability for any harm which may be caused to the User by such an action. Administration of the Chatbot shall reserve the right to delete the User’s My Account and (or) suspend, restrict, or terminate the User’s access to any of the Chatbot facilities if, in the Administration’s opinion, the User poses risks to the Chatbot and (or) its Users or violates the requirements of the applicable law. Administration of the Chatbot shall not be liable for temporary blocking or deletion of information or deletion of My Account (termination of registration) of the User made in compliance with this Agreement.
10.11. The Administrator shall secure the operation and operability of the Chatbot and undertakes to promptly restore the Chatbot operability in case of any technical failures or interruptions. The Administrator shall not be liable for temporary failures or interruptions in the Chatbot operation and loss of information caused by the same. The Administrator shall not be liable for any damages to the User’s computer, mobile devices, or any other hardware or software which was caused by or connected with the use of the Chatbot, its services, sections, facilities, capabilities, or instruments, or connected with using the links posted in the Chatbot.
10.12. Under no circumstances shall the Administrator be responsible for the efficiency of decisions taken by the User regarding the use/non-use of the Chatbot and does not guarantee the positive effect of the use of the Chatbot, and the User acknowledges that when using the Chatbot for the first time or in the course of using thereof the User did not rely on the assumption that such use guarantees or creates conditions for filling a vacancy or obtaining other promotion on the labor market.
10.13. The Administrator may send information on the development of the Chatbot and the Chatbot facilities to the User and advertise its activity and services.
11. Personal data of the Users and third parties
Upon registration and service selection, users are not required to provide any personal data to the Administrator. Any voluntary provision of such data during Chatbot interactions is at the user's own risk, and the Administrator bears no responsibility for it. The Administrator does not process users' personal data. By registering in the Chatbot, users consent to the Administrator's use of their anonymized data (Telegram messenger tag and ID), including receiving informational and promotional messages within the Chatbot interface.
11.1. At registration and when selecting services and rates, the User will not provide to the Administrator any private data, any personal or other data which may identify the User. Any provision of such data by the User when interacting with the Chatbot shall be performed at the User’s own risk, and the Administrator shall bear no responsibility for any personal data so provided by the User.
11.2. The Administrator will not process the User’s personal data.
11.3. At the time of registration in the Chatbot, the User shall give its consent to the use of his/her anonymized data (tag and ID in the Telegram messenger) by the Administrator, including, without limitation, receipt of both informational and advertising mailing within the Chatbot interface.
12. Final Provisions
If any provision of this Agreement is deemed invalid or unenforceable, it won't affect the validity of other provisions. Users are bound by the Agreement's requirements, even if certain provisions are deemed invalid. When users access their accounts using Telegram credentials, it's considered an electronic signature, equivalent to a handwritten signature. Users' initial use of the Chatbot implies full acceptance of the Agreement's terms.
12.1. Should one or more provisions of this Agreement be recognized to be invalid or unenforceable, this shall not affect the validity or enforceability of the other provisions; therefore, the User may not refer to the invalidity of certain provisions of this Agreement in disputable situations, inter alia when the User is held liable, as the User, when accepting the Agreement, undertakes to comply with the requirements of the applicable law.
12.2. For the purposes of this Agreement, any acts committed when using the User account functionality, his/her My Account, or other Chatbot section accessible by the User by using the login and password to the Telegram messenger, performed upon application of the User’s login and password to its My Account or other Chatbot section accessible by the User by using the login and password to the Telegram messenger, as well as any information received from such User shall be deemed to have been signed with the User’s basic electronic signature – this is the method of identification of a person acceding to this Agreement. The Parties consider their basic electronic signatures as analogs of their personal handwritten signatures, and documents signed by such signatures as equivalent hard copies signed with a personal handwritten signature in compliance with California Civil Code – CIV § 1633.7. The Parties undertake to maintain the confidentiality of the key(s) of their electronic signatures.
12.3. Notwithstanding the aforesaid rules of use of basic electronic signatures (and irrespective of their validity, invalidity, applicability, and implementation), the Administrator and the User acknowledge under clause 1.5 hereof that the first use of the Chatbot, any of its services, sections, facilities, capabilities, and tools shall be recognized by the User and the Administrator as full and unconditional acceptance of all the terms and conditions of the Agreement by the User, and therefore the User who has started using the Chatbot, its services, sections, facilities, capabilities, and tools shall be deemed to have executed a written deed by taking implicative actions – those which evidence the aforesaid full and unconditional acceptance of the contractual conditions issued in the form of the Agreement. The User who uses the Chatbot may not refer to the fact that the Agreement has not been accepted or fully accepted by the User. Disagreement with the Agreement, which is a deed of accession, as mentioned above, shall be the grounds for a full and unconditional refusal to use the Chatbot and, consequently, actual non-use thereof.
12.4. This Agreement and its interpretation, and any disputes that arise hereunder, shall be governed in all respects by the laws of the State of California, USA, excluding the conflict of laws rules with retroactive effect, without giving effect to any principles that may provide for the application of the law of another jurisdiction. About any legal concerns you can write to Administrator at 1401 21st ST, STE R SACRAMENTO, CA 95811.