PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND LOBBY. THESE PROVISIONS INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, SMALL CLAIMS COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS.
1.1 To create an account or to use our Services, you must be 18 years or older The Services are intended solely for Users who are 18 years of age or older. Any registration, use or access to the Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms.
1.2 You may only use our Services in jurisdictions where OpenAI (d/b/a ChatGPT) is permitted by law, located at https://platform.openai.com/docs/supported-countries
2.1 Account Creation. In order to use certain features of the Services, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason. We may suspend or terminate your Account in accordance with Section 12 entitled ‘Termination.’ In some cases, an account may be assigned to you by an administrator, such as your employer or educational institution. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Services. Moreover, your administrator may be able to access or disable your account without our involvement.
2.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to use our Service in compliance with applicable law. You further agree to immediately notify us of any unauthorized use, suspected unauthorized use of your Account, any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3.1 for any malicious means, or to abuse, harass, threaten, intimidate or impersonate any individual;
3.2 to promote, engage in or incite hate, violence, discrimination or intolerance, including based on race, age, gender, gender identity, ethnicity, religion, disability, sexual orientation, or other protected attribute; or
3.3 for any unlawful purpose, or post any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person.
4. User Content. Some areas of the Services may allow Users to upload, publish, display, link to or otherwise make available (hereinafter, "post") reviews, comments, questions, highlights, and other information including Users’ names, voices, and likenesses ("User Content"). You are solely responsible for your User Content.
4.1. You agree not to post User Content that:
4.1.1 contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
4.1.2 is obscene, pornographic, violent, or otherwise may offend human dignity;
4.1.3 is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
4.1.4 is illegal or encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
4.1.5 is defamatory or libelous;
4.1.6 relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
4.1.7 Consists of political campaigning;
4.1.8 involves the transmission of ‘junk’ mail or ‘spam’;
4.1.9 contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
4.1.10 itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
4.1.11 shows another person which was created or distributed without that person’s consent;
4.1.12 is harmful to minors;
4.1.13 impersonates any other person, including falsely stating your name; or
4.1.14 Otherwise is injurious to third parties or objectionable in our sole discretion.
4.2 We reserve the right to monitor, reject and/or remove any User Content at any time. For example, we may, but are not obligated to, reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.
4.3 We take no responsibility and assume no liability for any User Content that you or any other Users or third parties post or send over the Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you post is solely your responsibility. We are not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that we shall not be liable for any damages you allege to incur as a result of such User Content. We may provide tools for you to remove some User Content, but do not guarantee that all or any User Content will be removable.
5. Communications. We may provide you with emails, text messages, notifications, alerts, and other messages related to the Services, such as enhancements, offers, products, events, and other promotions. You can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at firstname.lastname@example.org.
6. License Grant.
6.1 By Lobby. Subject to your compliance with these Terms and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any part of the Services, or its contents; any collection and use of any reviews, descriptions, or other material included in the Services; any derivative use of any part of the Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. For the sake of clarity, this is not a license to use or access OpenAI or any other vendor. No part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited. You may use the Services only as permitted by law. The licenses granted by us terminates if you do not comply with these Terms.
6.2 By You. By posting any User Content on the Services, you expressly grant to us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not violate this policy and will not cause injury to any person or entity.
7. Our Proprietary Rights. Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content, and all intellectual property Rights related thereto, (the "Lobby Content") are the exclusive property of Lobby and its Licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Lobby Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited.
8. Subscription Fees. We may charge subscription fees for the use of certain services offered on the Services (“Fees”). We may change the amount of Fees payable from time to time. We will communicate any changes in Fees, and any changes will only take effect at the end of your current subscription period. Unless you cancel your subscription before the end of the current period, your subscription will automatically renew. You authorize us to charge and collect the subscription Fee for the next period (including any taxes payable) using the payment method they have on record for you. Subscriptions can be canceled at any time; however, there are no refunds for cancellation. In the event that we suspend or terminate your Account, you understand and agree that you shall receive no refunds.
10. Copyright Complaints. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please send us the following information:
10.1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
10.2. A description of the copyrighted work that you claim has been infringed upon;
10.3. A description of the material that is claimed to be infringing and where it is located on the Services;
10.4. Your address, telephone number, and email address;
10.5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
10.6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Attn: DMCA Notice
Lobby Technologies, Inc.
2261 Market St #4925
San Francisco, CA 94114
+1 (628) 444 9235
Please note that this procedure is exclusively for notifying Lobby and its affiliates that your copyrighted material has been infringed.
12. Termination. We may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason.
13. Indemnification. You agree to defend, indemnify and hold harmless Lobby and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (iv) your violation of any applicable law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your Account; or (vi) any other individual’s access and use of the Services with your unique username, password or other appropriate security code.
14. Disclaimers. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LOBBY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, OR OTHER SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. MOREOVER, THE SERVICES ARE SUBJECT TO SCHEDULED AND UNSCHEDULED SERVICE INTERRUPTIONS. ALL ASPECTS OF THE SERVICES ARE SUBJECT TO CHANGE OR ELIMINATION AT OUR SOLE DISCRETION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY INTERRUPTION OF THE SERVICES, DELAY, OR FAILURE TO PERFORM.
15. Limitations of Liability. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, INCLUDING SOFTWARE, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM LOBBY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OTHER THAN FOR INDEMNIFICATION OBLIGATIONS ARISING HEREUNDER, WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR YOUR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY/PROPRIETARY RIGHTS IN AND TO THE SERVICES, EACH PARTY’S TOTAL CUMULATIVE LIABILITY TO THE OTHER PARTY IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US HEREUNDER. YOU ACKNOWLEDGE THAT THIS ARRANGEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT NEITHER PARTY WOULD ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON LIABILITY.
16. Dispute Resolution Arbitration; Prohibition of Class Actions. PLEASE READ THIS SECTION 16 (“ARBITRATION AGREEMENT”) CAREFULLY. IT IS PART OF YOUR CONTRACT WITH LOBBY AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
16.1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Services that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Lobby, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
16.2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice of Dispute") describing the nature and basis of the claim or dispute, and the requested relief. A Notice of Dispute to Lobby should be sent to:
Lobby Technologies, Inc.
2261 Market St #4925
San Francisco, CA 94114
After the Notice of Dispute is received, you and Lobby may attempt to resolve the claim or dispute informally. If you and Lobby do not resolve the claim or dispute within thirty (30) days after the Notice of Dispute is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
16.3. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00USD) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars ($10,000.00USD) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
16.4. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
16.5. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Lobby. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Lobby.
16.6. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
16.7. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
16.8. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
16.9. Courts. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in San Francisco, California.
16.10. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
16.11. Survival of Agreement. The terms of this Arbitration Agreement will continue, even after your relationship with Lobby has ended.
17. General Provisions.
17.1. Changes to these Terms. We reserve the right to amend these Terms at any time, including by changing the amount of any Fees payable for any of our Services, and may also add new features that will be subject to these Terms. If these changes are material we will communicate the changes to You prior to the changes going into effect. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.
17.2. Choice of Law. These Terms and all claims related to it, its execution or the performance of the parties under it, shall be construed and governed in all respects according to the internal laws of the State of California without regard to the conflict of law provisions thereof.
17.3 No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. No waiver shall be effective unless in writing signed by both Parties.
17.4 Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
17.5 Survival. All provisions regarding indemnification, warranty, liability, and limits thereon, and protections of proprietary rights shall survive the termination of these Terms.
17.6 Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Lobby may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
17.7 Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect.
18. Contact Us. If you have any questions about these Terms, please contact us at: