Thank you for using ChatFiles! When you use the services provided by MindPower (HongKong) Limited, the following terms of use apply. These terms include our Service Terms, Sharing and Posting Policy, Usage Policy, and any other documents, guidelines, or policies that may be provided. Your use of our services indicates your agreement to these terms.
1. Registration and Usage Requirements
Users must be at least 13 years old to register and use the service. If you are under 13, you must obtain permission and consent from a legal guardian.
2. Usage Requirements
It is not allowed to send content through the app that is not permitted by law. If you link to any third-party apps during usage, please adhere to the respective app’s terms of use. We are not responsible for third-party apps.
3. Content Requirements
a) You may send content to the app and receive relevant responses. You own all rights to the content you input and may use related response content, but please ensure that the content complies with applicable laws and does not violate any legal or policy terms.
b) Similar Content: Due to the nature of machine learning, you may receive responses similar to those of other users. This does not imply ownership of these response contents.
c) Unless we obtain your further consent and permission, we will not use the content you send for training models or any other purposes.
d) Accuracy: Responses within the app are based on the information you provide. We do not guarantee the accuracy of this information. Given the current stage of machine learning, responses within the app may be inaccurate. You are responsible for making decisions regarding the use of this information based on the context, verifying the accuracy of the information through manual review or other means, and accepting responsibility for any consequences arising from the use of the information. We do not assume any liability in this regard.
4. Pricing and Payment
a) Our services are based on interfaces related to large language models, which incur actual costs. You agree to pay for subscription-related paid package items based on your needs. Payments are non-refundable unless otherwise specified in the app store or other app regulatory platform user agreements.
b) You are responsible for all taxes incurred on purchases and payments within your account, excluding taxes on our net income. We may invoice you for such taxes, and you agree to promptly pay such taxes and provide us with documents proving payment or additional evidence as reasonably requested by us.
c) Fee Changes: We may update the prices of our services, and notice of updates will be provided on the official website or within the app. Fee changes will take effect 14 days after the notice is issued and will apply to your account after the fees become effective.
d) Payment Disputes: For any payment disputes, please contact [email protected], and we will respond within 7 business days.
e) Free Packages: Free packages are a special offer during the service promotional period, which will end on September 30, 2024. We may discontinue free packages at that time. Users of free packages will have the option to pay a subscription fee to continue usage.
5. Security and Data Protection
If you use the service to process personal data, you must provide legally appropriate privacy assurances and obtain necessary consent for processing such data. You also need to declare to us that you are processing such data in accordance with applicable laws.
6. Term and Termination
a) These terms become effective when you first use the service and remain in effect until termination. You can terminate these terms at any time for any reason by discontinuing the use of the service and content.
b) We may terminate these terms for any reason with at least 30 days’ notice.
c) Upon termination, you will cease using the service, and you will immediately destroy any confidential information as per our instructions. These terms essentially continue to be effective after termination or expiration.
7. Disclaimer
a) You will be responsible for defending, compensating, and indemnifying us, our affiliated companies, and our personnel for any claims, losses, and expenses arising from or related to your use of the service.
b) To the extent permitted by law, we and our affiliated companies and personnel make no warranties regarding the service (express, implied, statutory, or otherwise), and disclaim all warranties, including but not limited to warranties of fitness for a particular purpose, satisfactory quality, non-infringement, and any warranties arising from any transaction or trade usage. We do not guarantee uninterrupted service, accuracy, or error-free service, and we do not guarantee the security of any content or that content will not be lost or altered.
c) Limitation of Liability: We and our affiliated companies or personnel are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, reputation, data, or other losses, even if we have been advised of the possibility of such damages. Our total liability under these terms shall not exceed the amount you paid for the service that gave rise to the claim within the 12 months preceding the claim. This limitation in this section applies to the maximum extent permitted by applicable law.
8. Dispute Resolution
You agree to the following mandatory arbitration and class action waiver provisions:
a) Mandatory Arbitration. You and MindPower agree to resolve any past or present claims related to these terms or our services through final and binding arbitration.
b) Informal Dispute Resolution. We want to understand and address your concerns before resorting to formal legal action. Before filing a claim with MindPower, you agree to attempt to resolve disputes informally by sending your name, a description of the dispute, and the relief sought to the following address: [email protected]. If we are unable to resolve the dispute within 60 days, you may file a formal lawsuit. Any statute of limitations will be tolled during the 60-day resolution process. If you reside in the EU, the European Commission provides an online dispute resolution platform that you can access at https://ec.europa.eu/consumers/odr.
9. General Terms
a) Relationship of the Parties. These terms do not create a partnership, joint venture, or agency relationship between you and MindPower or any of its affiliated companies. MindPower and you are independent entities, and neither party has the authority to bind the other or assume obligations on the other’s behalf without prior written consent.
b) Assignment and Delegation. You may not assign or delegate any rights or obligations under these terms, including rights or obligations related to changes in control, without the other party’s express written consent. Any purported assignment or delegation is void.
c) Amendments. We may periodically revise these terms by posting revised versions on the website, or if the updates have a material adverse effect on your rights or obligations under these terms, we will provide notice via email to your account’s associated email address or through in-product notifications. Such changes will be effective 30 days after we provide notice. All other changes will be effective immediately.
d) Entire Agreement. These terms, together with any policies included within these terms, constitute the entire agreement between you and MindPower regarding your use of the service, and supersede all prior or contemporaneous agreements, communications, or understandings between you and MindPower on this subject matter.
e) Governing Law, Venue, and Choice of Law. These terms are governed by Hong Kong law, excluding its conflict of laws principles. Except as provided in the “Dispute Resolution” section, all claims arising out of or related to these terms or the services will be litigated exclusively in the courts of Hong Kong.