Term of use

Welcome to X-GPT!

These Terms of Use (“TOU”) outline the rules and regulations for the use of our website available at: https://app.xgpt.live/ (the “Website”), the X-GPT mobile application available through Apple’s App Store or the Google Play Marketplace (the “App(s)”) and the services available through the Website and App(s) (the “Services”).

Before accessing or using the Website, the App(s) or Services you (“You”) will have to carefully review and agree to these TOU. Please note that It is essential to review the TOU carefully to understand your rights, responsibilities, and limitations while using the Website, App(s), and Services. If you have any questions or concerns regarding the TOU, please reach out to us for clarification.

Please note that the Website, App(s) and Services are designed only for individuals over the age of 18. If you are under 18 years old, you must not use or attempt to access the Website, App(s), or Services in any manner. For more information please refer to our Underage Policy available at: https://app.xgpt.live/legal/underage

1. ABOUT X-GPT

The Website is owned and offered by Bkasecon LLC, a company registered in USA, with its principal place of business located at 30 N Gould St Ste R Sheridan, WY 82801 (X-GPT or “We”, “Us”, “Our”).

X-GPT strives to provide users the opportunity, with the help of a generative artificial intelligence (AI) chat functionality, to craft characters and engage in conversations with the characters they've designed, as well as characters developed by other users.

X-GPT can generate images based on a text description. While we strive to ensure that the images generated by X-GPT are safe and appropriate, we cannot guarantee that they will be. We are not responsible for any harm that may result from the use of X-GPT's image generation feature. We encourage users to use this feature responsibly and to be aware that the images generated may not be accurate or realistic.

In order to use Services, user shall register its X-GPT user account using either its social login (Discord, Google) or its email address and password.

The core Services are provided to users at no charge, offering basic functionalities. Additional credits are available for purchase, enabling access to the full spectrum of features, as outlined on the Website and App(s). X-GPT offers in-app purchases designed to enhance and enrich the user experience with us.

For example, users who use core Services at no charge can generate up to 2 or 3 characters and have a limited message count, such as 10 to 20 messages in total. After reaching this limit, users cannot continue chatting. However, they can earn additional credits by completing specified tasks detailed here: How to earn free credits. Users with paid subscriptions have greater privileges, including the ability to generate more characters and access credits of 5000 up to 20000 per month depending on the subscription tier. This message credit resets monthly and cannot be carried over to the next subscription period.

2. YOUR ACCEPTANCE OF THESE TOU

By accepting these TOU and using the Website, App(s) or Services, you confirm and warrant that: (i) you are over 18 years old and possess the full legal capability and competence to accept and abide by these TOU; (ii) you agree to adhere to and fulfill all provisions outlined in these TOU in good faith; (iii) you have never been previously barred or excluded from using our Website, App(s), or Services for any reason.

Please be informed that in order to access and utilize the Website, App(s), or Services, in addition to accepting these TOU, you must review, understand, and explicitly agree to our Privacy Policy and Community Guidelines.

If you disagree with these TOU, our Privacy Policy, our Community Guidelines or any other policies governing the use of the Website, App(s), or Services, we kindly request that you refrain from using the Website, App(s), or Services. Additionally, promptly erase any downloaded applications and associated content.

3. MODIFICATIONS AND NOTIFICATIONS

We reserve the right to modify or terminate the Website, App(s) or Services (or any part thereof), temporarily or permanently, with or without prior notification to you. There is no obligation on our part to maintain or update the Website, App(s) or Services. By using the Website, App(s) or Services, you acknowledge and agree that X-GPT shall not be held accountable to you or any third party for any modifications, suspension, or termination of the Website, App(s) or Services.

Unless expressly stated otherwise, any additional features supplementing or improving the existing Website, App(s) or Services will be governed by these TOU. We retain the right to revise these TOU at any time. We strongly advise you to review these TOU each time you use the Website, App(s) or Services. Your continued access and use of the Website, App(s) or Services indicate your consent to adhere to the latest version of these TOU. In the event of significant modifications to these TOU, we will bring them to your attention when you access the Website, App(s) or Services and/or notify you via email (if available).

4. RELATIONSHIP BETWEEN TOU AND PRIVACY POLICY

While these TOU govern your use of the Website, App(s) and Services, our Privacy Policy outlines how we collect, use, and protect your personal information. Additionally, our Community Guidelines define expected user behavior and interactions. Both the TOU, Privacy Policy, and Community Guidelines, are binding agreements that regulate your interaction with the Website, App(s) and Services.

In addition to the Terms of Use (TOU), Privacy Policy, and Community Guidelines, we have implemented several additional policies to ensure a safe and enjoyable experience for all users. These policies include the Blocked Content Policy, DMCA Policy, Complaint Policy, Refund Policy, Cancellation Policy and Underage Policy.

5. LINKS TO AND FROM THE SERVICE

The Service may contain links to third-party websites and digital platforms, such as applications and social media platforms, which are not owned or managed by X-GPT. X-GPT does not exercise control over these third-party platforms and bears no responsibility for their content, privacy practices, or conduct. Your interaction with and use of these platforms is entirely at your discretion. These links are provided solely for informational and convenience purposes. Their presence does not indicate any endorsement, support, or affiliation with the material on these third-party platforms or their administrators. Furthermore, X-GPT cannot and will not monitor or alter the content of any third-party website or digital platform. By utilizing the Website, App(s) and Services, you explicitly release X-GPT, its affiliates, and their respective officers, directors, employees, representatives, stakeholders, licensors, licensees, and vendors (collectively referred to as the “X-GPT Entities”), as well as Apple and Google, from any liability arising from your interactions with any third-party website or digital service. You acknowledge and accept that the X-GPT Entities shall not be liable for any loss or damage resulting from engagements with any such third party. Therefore, we advise exercising caution when navigating away from the Website, App(s) and Services and carefully reviewing the terms and conditions of each external website or digital service you access.

Linking to the Website. Unless otherwise stipulated in a written agreement with X-GPT, you are permitted to create a link to the Website from your website, provided the following conditions are met:

• You are prohibited from framing the Website or any section thereof.
• You shall not interfere with or disrupt the “back” functionality of an end-user's web browser.
• The link should be denoted using plain text representation of the X-GPT name, excluding any X-GPT logos.
• The use of any X-GPT logos is strictly forbidden.
• The link should not imply in any way that X-GPT endorses or is affiliated with you or your website.
• The link must not be placed on any site deemed defamatory, harassing, obscene, malicious, or offensive, or presented in a manner that tarnishes X-GPT or impairs its rights, standing, or goodwill.
• We reserve the right to revoke your permission to link to the Website at any time, with or without providing a reason.

6. USER SUBMISSIONS

You, along with other users, have the capability to submit feedback, annotations, text, graphics, photos, videos, materials, data, remarks, communications, thoughts, notions, expertise, techniques, or other interactions that you share, introduce, or append to the Website, App(s) and Services (“User Submissions”). The Website, App(s) and Services might allow the storage, dissemination, and/or exhibition of such User Submissions. For example, users have the option to upload text, photos, and illustrations. X-GPT values Your input and suggestions. Nonetheless, excluding any personal data we might gather from You as per Our Privacy Policy, User Submissions will be perceived as non-secretive and non-exclusive. You acknowledge that regardless of whether these User Submissions are displayed or not, X-GPT (1) provides no assurance of secrecy concerning any User Submissions, (2) offers no remuneration for User Submissions, and (3) bears no duty to acknowledge or exhibit any User Submissions.

You are exclusively accountable for your own User Submissions and the repercussions of sharing or disseminating them. X-GPT does not assert proprietorship of any of Your User Submissions. Nonetheless, by presenting the User Submissions to X-GPT, You grant X-GPT and its successors, assignees, and affiliates a global, non-restricted, royalty-free, perpetual, irrevocable, sublicensable (across multiple layers) and transferable license to employ, replicate, circulate, create derivative works from, display, announce, perform, utilize, import, propose for sale, sell, and other such transfer and leverage of all copyrights, innovations, and other intellectual property rights in the User Submissions in association with the Website, App(s) and Services and X-GPT's (and its successors’, assignees’, and affiliates’) operations, including but not limited to the promotion and redistribution of part or the entirety of the Website, App(s) and Services (and its derivative works) in any medium or format and across any media channels. You further grant each user of the Website, App(s) and Services a worldwide, non-exclusive, royalty-free license to access your User Submissions via the Website, App(s) and Services, and to employ, replicate, distribute, create derivative works from, exhibit, and perform such User Submissions in line with the Website, App(s) and Services functionality and under these TOU.

Moreover, you concur that right upon the creation by or on behalf of X-GPT, its affiliates, successors, or assignees, of any derivative content from, modifications, edits, or other alterations to the User Submissions (referred to as the “Modified Content”), the Modified Content will be the singular and exclusive property of X-GPT. We will possess the complete right, title, and interest in the Modified Content, inclusive of the privilege to register the copyright for the Modified Content and to otherwise employ the Modified Content for any objective at X-GPT's sole discretion. You hereby grant, allocate, transfer, and convey any and all rights, titles, or interests you possess or might be perceived to possess in the Modified Content to X-GPT.

In association with User Submissions, you confirm and guarantee that You will not: (1) transmit, submit, or post content that is copyrighted, shielded by trade secret, or otherwise governed by third party proprietary rights, encompassing privacy and publicity rights, unless You possess such rights or have approval from the rightful proprietor to transmit, submit, or post the content and to bestow X-GPT all the license rights detailed herein; (2) share falsities or misrepresentations that could harm X-GPT or any third party; (3) transmit, submit, or post material related to gambling, gaming, sweepstakes, or any activity requiring an entry fee with a prize; or (4) transmit, submit, or post content that is deemed inappropriate. Moreover, You commit to cover all royalties, fees, and other payments due to any entity because of Your act of transmitting, posting, or submitting User Submissions. X-GPT does not vouch for any User Submission or any viewpoint, recommendation, or advice therein, and the X-GPT, X-GPT Entities, Apple,and Google distinctly renounce all liability associated with User Submissions.

X-GPT prohibits activities infringing on copyrights, publicity rights, or other intellectual property rights on its Website, App(s) and Services. X-GPT will expunge all Content (inclusive of User Submissions) upon proper notification that such Content or User Submission encroaches on another's rights (refer to Section 11 below). While X-GPT might not consistently oversee User Submissions, it retains the right to supervise, modify, edit, or eliminate Content (comprising User Submissions) and to block users without prior intimation and for any given reason. X-GPT also maintains exclusive authority to determine if any Content (including a User Submission) aligns with these TOU.

You recognize that when utilizing the Website, App(s) and Services, you will encounter User Submissions from diverse sources and that X-GPT is not liable for the precision, utility, security, or intellectual property rights pertaining to such User Submissions. Further, you comprehend and accept that you might come across User Submissions that might be misleading, disparaging, indecent, or contentious. By using the Website, App(s) and Services, You expressly waive and relinquish any legal or equitable rights or claims you may have or could have against the X-GPT, X-GPT Entities, as well as Apple, and Google, pertaining to the same. You agree to indemnify, defend, and hold harmless the X-GPT, X-GPT Entities, Apple, and Google to the fullest extent permitted by law, regarding any matters arising from your use of the Website, App(s) and Services.

7. USERS WHO BREACH TERMS OF USE OR COMMUNITY GUIDELINES

X-GPT may, in its absolute discretion, deactivate, partially deactivate, or conclude the accounts of any users who contravene these TOU or the Community Guidelines. This includes, but is not restricted to, the accounts of (1) users who share User Submissions that violate copyrights, trademarks, rights of publicity, or other intellectual property rights, particularly if done recurrently, (2) users who neglect to settle relevant charges for the Website, App(s) and Services usage, (3) users who furnish misleading or incorrect details; (4) users who infringe these TOU, including any guarantees; (5) users who breach our standards on adult nudity and sexual conduct or any other Community Guideline; and (6) users who improperly use or contest X-GPT's rights in the Content.

8. RESTRICTIONS ON USE OF THE SERVICE

In your use of the Website, App(s) and Services you must adhere to our Community Guidelines. Specifically, you must not:

• Use the Service for any purpose other than those explicitly provided by X-GPT.
• Replicate, obtain, or share any part of the Service without X-GPT's express written consent, except for the text from your personal interactions with the characters you've created.
• Modify, adapt, or create derivative works from any part of the Service without explicit written permission from X-GPT.
• Resell, sublicense, distribute, or commercially exploit the rights granted to you under these Terms of Use or the Service.
• Alter, reproduce, share, retrieve, or use any Service content except for your lawful content published on or associated with the Service and excluding the text from your personal dialogues with characters you've devised.
• Provide misleading personal information or create an account for someone else without authorization.
• Feature another individual in a photo without their consent.
• Create a new account after your account has been deactivated without our approval.
• Share your login details or allow others to use your account.
• Delegate or transfer your account or login credentials to any other party.
• Use automated tools or crawlers with the Service, except for general-purpose internet search engines and non-profit public archives using tools solely for presenting hyperlinks to the Service.
• Publish, submit or generate prohibited content, including confidential, false, threatening, defamatory, obscene, or illegal material outlined in our Blocked Content Policy.
• Violate intellectual property rights or upload copyrighted material without permission.
• Use the Service in a manner that could harm or disrupt the Service or other users' engagement.
• Access content via unauthorized means or promote gambling, contests, or misleading activities.
• Misrepresent your identity or gather private details of other members.
• Send unsolicited communications or engage in disruptive activities or spam.
• Remove or interfere with advertisements associated with the Service.
• Encourage users to join or contribute to entities other than X-GPT.
• Introduce harmful software or viruses, intimidate, harass, or endanger minors.

X-GPT will fully cooperate with law enforcement agencies or court orders requiring the disclosure of anyone breaching these Terms of Use. We prioritize the online safety of children and do not knowingly collect information about children under 18 years old. Therefore, refrain from posting any personal data or information identifying a child under 18 years old on or through the Website, App(s) and Services. If you are under 18 years old, please do not attempt to provide information or use the Website, App(s) and Services.

9. INTELLECTUAL PROPERTY

All content, including but not limited to graphics, videos, audio clips, text, software, photos, scripts, interfaces, artistic elements, templates, design structures, and interactive functionalities (“Content”), observed or encountered on the Website, App(s), and Services, along with trademarks, service marks, and logos (“Marks”), are either the property of or licensed to X-GPT, protected by Belgian, European Union, United States, and/or international intellectual property laws and treaties.

X-GPT holds copyright in the selection, organization, arrangement, and improvement of the Content. Unauthorized use of materials on the Website, App(s), and Services or the Marks may infringe upon copyright, trademark, and other legal rights. X-GPT and the X-GPT logo are trademarks of Bkasecon LLC.

For personal use, you are permitted to view, duplicate, and print pages from the Website, App(s), and Services. However, any duplication, download, modification, reproduction, distribution, display, performance, broadcasting, transmission, or exploitation of the Website, App(s), and Services without prior written approval from the relevant proprietors is strictly prohibited. X-GPT retains all rights not explicitly provided regarding the Website, App(s), and Services, the Content, and the Marks. You agree not to engage in the use, copying, downloading, or distribution of any Content unless explicitly allowed herein, including for commercial purposes associated with third-party User Submissions accessed via the Website, App(s), and Services.

Except for the text from chats initiated with characters you've devised on X-GPT, integrating, broadcasting, or conveying the Content through any software or hardware platform, frames, or in-line links without explicit written permission from X-GPT is prohibited. Creating, reproducing, promoting, or disseminating an index of notable parts of the Content without written consent is also prohibited. Using the Content to establish any form of business is forbidden. If you duplicate, screenshot, download, or print portions of the Content for personal use, you must retain all embedded copyright and proprietary indicators.

You pledge not to bypass, disable, or otherwise interfere with Website, App(s), and Services security features or those limiting the use or copying of any Content. Scraping or extracting data from the Website, App(s), and Services is strictly prohibited.

10. ADVERTISEMENT DISCLAIMER AND RELEASE OF LIABILITY

Please be aware that X-GPT does not take responsibility for advertisements or any third-party content showcased or transmitted through the Website, App(s), and Services. Our endorsement of services provided by advertisers or other content on the Website, App(s), and Services (“Advertisers”) is not implied. Any interactions you have with Advertisers on the Service are strictly between you and the Advertisers. X-GPT cannot be held accountable for any losses or claims you might incur as a result of dealings with an Advertisers.

Upon using the Website, App(s), and Services, you explicitly agree to release the X-GPT, X-GPT Enas well as Apple and Google, from any claims, demands, or damages arising from or connected to your use of the Website, App(s), and Services and your interactions with Advertisers or other third parties. Additionally, you voluntarily waive any rights and benefits that might be conferred by any law intending to limit the extent of such a release or waiver.

11. NOTICE AND PROCEDURE FOR SUBMITTING CLAIMS OF INTELLECTUAL PROPERTY VIOLATION

If you believe that any Content or User Submissions on the Website, App(s), and Services infringe upon your copyright or violate your intellectual property rights, you have the right to issue a notice under the Digital Millennium Copyright Act (“DMCA”). To do so, please provide us with a written notification containing the following information (refer to 17 U.S.C. 512(c)(3) and 512(d) for specific details):

• Your physical or electronic signature.
• Identification of the copyrighted work claimed to be infringed or, if multiple works are involved, a representative list.
• Details identifying the infringing material or activity and information reasonably sufficient to locate it.
• Your contact information: address, telephone number, and email address, if available.
• A statement asserting your good faith belief that the use of the material is unauthorized by the copyright owner or law.
• A statement confirming the accuracy of the notification and your authority to act on behalf of the copyright owner.

Please direct DMCA notifications to:
Copyright Compliance Department
Bkasecon LLC
30 N Gould St Ste R Sheridan, WY 82801
Phone: 832-509-1664
Email: [email protected]

By issuing a DMCA notice, you acknowledge that false claims or misrepresentations may result in legal consequences. Additionally, please be aware that DMCA notifications should only be sent for instances of alleged copyright infringement or intellectual property rights violations.

12. TRADEMARKS AND CELEBRITY RIGHTS PROTECTION

X-GPT is committed to addressing claims of Content that potentially infringes on trademarks or rights associated with celebrities. Trademarks encompass various elements such as logos, brand names, and trade dress, which pertain to the unique visual appearance of a product or its packaging.

It's essential to understand that celebrities, and sometimes others, may have a “right of publicity.” This means they have control over the commercial use of their name, image, likeness, and other personal identity elements. Even if you're a fan, using a celebrity's name or image on the Website, App(s), and Services without explicit consent may infringe upon their rights. If you are the holder of a trademark or a celebrity concerned about potential infringements on the Website, App(s), and Services, please submit a claim of infringement to our representative, as mentioned in the earlier section. To file a claim, you must either be the celebrity or trademark holder, or an authorized agent acting on behalf of the celebrity or trademark owner. For claims related to trademark or trade dress violations, please provide documentation demonstrating your ownership of the trademark (for example, a trademark registration certificate issued by the government authority). Additionally, specify the exact location on the Website, App(s), or Services where you suspect the infringement is occurring.

13. MISTAKES, DISCREPANCIES, AND OVERSIGHTS

Occasionally, the information provided on the Website, App(s), or Services may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any such errors, inaccuracies, or omissions and to modify or update information if any detail on the Website, App(s), or Services or any associated website is found to be incorrect, at any time and without prior notice (including after your registration submission).

Please note that we do not undertake to review, correct, or update information within the Website, App(s), or Services or any linked website unless legally required. The absence of a specific revision or update date within the Website, App(s), or Services or any associated website should not be construed as an indication that all information within the Website, App(s), or Services or linked website has been reviewed or updated.

14. REFUND POLICY

This Refund Policy ("Policy") outlines the refund policy for X-GPT subscriptions. Refunds requests are reviewed and refunded within 14 days.

• General Refund Policy
  • X-GPT does not offer refunds for subscriptions that have been paid for. However, in certain limited cases, we may be able to offer a refund if we have made a mistake or if there is a technical issue with the service.
• Refunds for Subscriptions Paid for through Payment Provider CCBill
  • If you have purchased a X-GPT subscription through one of the Payment Provider CCBill, you will need to contact the Payment Provider directly to request a refund. The Payment Provider's policies will govern the refund process.
• Refunds for Subscriptions Paid for through Other Methods
  • If you have purchased a X-GPT subscription through a method other than CCBill, you will need to contact X-GPT support to request a refund. We will review your request on a case-by-case basis and may be able to offer a refund if we determine that there is a valid reason for the refund.
• Restrictions on Refunds
  • X-GPT reserves the right to deny any refund request that it deems to be frivolous, unreasonable, or not in compliance with this Policy.
• Compliance with Local Refund Policies
  • X-GPT's refund policy is not intended to restrict any refund policies that may be in place in the user's country. If a user's country has a stricter refund policy than X-GPT's policy, the user will be entitled to the benefits of the stricter policy.
• Effective Date and Modifications
  • This Policy is effective as of the date indicated above. We may modify this Policy from time to time at our sole discretion. Please check this Policy periodically for any changes. Your continued use of X-GPT after any changes to this Policy will constitute your acceptance of those changes.
• Contact Us
  • If you have any questions about this Policy, please contact us at: Support or use the “Contact” section in the App(s).

15. WARRANTIES

You hereby assure and declare to X-GPT as outlined below:

• All details you submit to X-GPT, whether on registration or application forms, profiles, emails, posts, phone communications, or via other methods - encompassing personal and contact details as well as any other data provided - are accurate, current, and in no way deceptive.
• You commit to maintaining the accuracy of the information referenced in point (1).
• You will not engage with the Website, App(s), or Services under a deceitful identity or facade and will abstain from using it to misrepresent your own or anyone else's identity. However, this doesn't deter you from employing a familiar nickname, as long as it's used legally and sincerely.
• In any photographs, videos, or recordings that you provide to the Website, App(s), or Services, you possess the consent of all portrayed individuals to use their appearance and/or voice. Furthermore, you have all requisite legal rights to confer the above license to X-GPT.
• Your interaction with the Website, App(s), or Services will be in compliance with the law and executed in good faith.
• You will protect the confidentiality of your login credentials and password, refraining from divulging this information to unauthorized parties.

16. DISCLAIMERS

Your use of the Website, App(s), or Services is entirely at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Neither X-GPT, X-GPT Entities, Apple, nor Google offer any guarantees or make any assertions regarding the Website, App(s), or Services, its content, or any service, event, or agreement with an advertiser or another third party.

X-GPT, X-GPT Entities, Apple, and Google explicitly disclaim, to the maximum extent allowed by law, any guarantee or representation concerning the Service or its content. This includes express, implied, statutory, or any other type of warranties related to the Website, App(s), or Services, any software provided or licensed to you by X-GPT, X-GPT Entities, Apple, or Google, and any agreements with third parties. This excludes any assumptions not explicitly mentioned here, including implied warranties regarding the Website, App(s), or Services availability, uninterrupted operation, security, accuracy, diligence, quality, merchantability, ownership or possession, suitability for a specific use, capability to meet a certain outcome or functionality, and non-violation of third-party rights, as well as warranties arising from trade practices, business dealings, and operational procedures.

Notwithstanding the above, X-GPT, X-GPT Entities, Apple, and Google make no assurances or guarantees that (a) the information presented on the Website, App(s), or Services or linked to them, including other websites or apps, is precise, complete, or up-to-date; (b) the Service will function uninterrupted or error-free; (c) the quality, safety, or legality of any content, goods, services, details, or other materials obtained by you via the Website, App(s), or Services or agreements made by you with third entities or advertisers will meet your expectations; (d) the Service will be compatible with other software, hardware, systems, or data not provided by X-GPT; (e) any errors in the Website, App(s), or Services will be rectified; (f) the Website, App(s), or Services complies with PCI compliance standards; or that using the Service for SMS communications, emails, or other alerts complies with regional, statewide, or national laws.