TERMS OF USE
Updated: April 2024
These TERMS OF USE (hereinafter "ToU") in conjunction with all associated documents establishes a binding contract between you and RAWSTHORN LTD, governing your use and access to "ChatGen" mobile software application.
By downloading, installing, or using "ChatGen", you signify that you have read, understood, agreed to, and accepted the ToU, which becomes effective on the date of your download, installation, or use. By using "ChatGen", you consent to comply with this ToU.
Our Privacy Policy explains the procedure of our collection and use of personal data.
"ChatGen" is an entertainment application, designed exclusively for your personal, non-commercial usage. Through the utilization of AI models and technologies, "ChatGen" provides you with the features that enable you to engage in conversations with AI and obtain responses to inquiries.
RAWSTHORN LTD retains the authority, at its exclusive discretion, to make alterations or adjustments to this ToU whenever deemed necessary and for any reason.
RAWSTHORN LTD retains the authority to end this ToU at any time, solely at its discretion and for any reason. In the event of termination, the rights and licenses granted to you under this ToU will cease to be in effect. As a result, you are required to discontinue all usage of "ChatGen".
"ChatGen" is intended for adult use only. If you are under the age of majority or legal age in your region (meaning if you are between thirteen (13) and seventeen (17) years old), you can only use "ChatGen" if you have obtained the necessary consent and are under the supervision of a parent or legal guardian. No individual below the age of thirteen (13) is allowed to download, install, access, or utilize "ChatGen".
By using "ChatGen", you confirm that you are either over the age of majority or legal age in your region, legally emancipated as a minor, or have obtained the necessary consent from a parent or guardian. You also confirm that you possess the full capacity and competence to accept the terms, conditions, responsibilities, assertions, representations, and warranties outlined in this ToU, and that you are committed to adhering to and following these ToU.
You have the right to access and use "ChatGen" in line with these ToU, and RAWSTHORN LTD hereby provides you with a non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable permission to do so. It is mandatory for you to adhere to these ToU and abide by all relevant laws while using "ChatGen".
You are authorized to utilize "ChatGen" exclusively for personal and non-commercial intentions. It is essential that you uphold the rights of copyrighted material (source code, design, content, such as information, photographs, illustrations, artwork, graphic materials, sounds, music, or video etc; this also includes names, logos, and trademarks) found within "ChatGen".
RAWSTHORN LTD and/or its partners and/or contracted third parties hold all exclusive rights, titles, and interests to "ChatGen", its content, works, means of individualization, and functionalities. These are protected by relevant international and national laws and are not, under any circumstances, transferred or assigned to you, either in full or in part.
Notwithstanding the above, "ChatGen" enables you to input text and images (“Input”) and generate fresh, original content using AI (“Output”). For the purposes of the present ToU, the term “User Content” includes both the text and images you enter into the message field and send to "ChatGen", as well as any text, other content generated by AI via "ChatGen". RAWSTHORN LTD makes absolutely no claims of ownership over your User Content. You retain full rights to your User Content and may use it for commercial purposes. This means you have the freedom to do as you wish with your User Content - whether it's publishing it, integrating it into other works, printing it in any format, reproducing it, distributing it, profiting from the sale of products containing the User Content, or benefiting from the use of a digital version of the content.
By utilizing "ChatGen", you are consenting to grant us, our successors, affiliates, agents, assigns, or authorized representatives a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable, irrevocable license and right to:
- Store, reproduce, and distribute User Content within "ChatGen" for display to other users.
- Process User Content, adapt it to "ChatGen"'s functionality, and incorporate it into larger works, such as geographic maps.
- Transfer and sublicense User Content to third-party services for technical processing, further distribution, and storage. You acknowledge and agree that your User Content may be transferred or sublicensed to third-party services for commercial use, which may include display, distribution, and reproduction to their customers or clients.
You acknowledge and agree that this license and right are provided without any requirement for payment to you or any third party. Additionally, you agree not to seek charges or fees from us, our successors, affiliates, agents, assigns, or authorized representatives regarding the copyright to the User Content you upload to "ChatGen".
You confirm that you do not require attribution as the author or co-author of the User Content uploaded to "ChatGen". Furthermore, you agree that User Content does not contain any personally identifiable information related to you or others, such as human faces, identifiable body parts, images revealing appearance or location, or documents disclosing identity or personal identifiers.
You acknowledge that Output may not be unique and other users may receive similar content from "ChatGen". Responses that are requested by and generated for other users are not considered your Output.
You are responsible for any risks associated with your use of User Content. Ensuring compliance with applicable laws when using User Content falls solely on you. Before uploading your Input, it's essential to confirm that:
- You have legal ownership of it, or you have obtained the necessary rights to use it in a manner permitted by "ChatGen";
- It is legally and socially acceptable and does not go against public order;
- It does not infringe upon any third party's rights, including copyrights and the right to privacy.
You agree to use "ChatGen" only in lawful, legal and authorized ways without Infringes upon the copyrights, database rights, or trademarks of others.
You are prohibited from uploading the types of User Content via "ChatGen" that are connected with hate based on identity, harassment, threat or bullying, self-harm, sexual activity or promotion of sexual services (excluding sex education and wellness), false or misleading content, harmful software; that could reasonably be regarded as unlawful, defamatory, libelous, immoral, harmful, misleading, deceptive, fraudulent, indecent, hateful, racially or religiously biased, offensive, slanderous, obscene, pornographic, sexually explicit, or that encourages others to violate any local, state, national, or international laws.
You may not use Output to develop any artificial intelligence models that compete with OpenAI products and services. However, you can use Output to (i) develop artificial intelligence models primarily intended to categorize, classify, or organize data (e.g., embeddings or classifiers), as long as such models are not distributed or made commercially available to third parties and (ii) fine tune models provided as part of OpenAI services.
"ChatGen" utilizes the OpenAI API, which can be accessed at https://beta.openai.com/docs/api-reference. You can find the API TERMS & POLICIES at https://openai.com/api/policies/service-terms/.
Due to the fact that "ChatGen" uses OpenAI API for the purpose of processing and creation of AI-generated User Content, you hereby agree to be bound by and comply with the terms of OpenAI Sharing & Publication Policy while you are sharing and/or publicating any User Content.
Any conflicts arising from the utilization of "ChatGen" shall be governed by and interpreted in accordance with the laws of the Republic of Cyprus. Such conflicts or disputes shall be exclusively subject to the jurisdiction of the competent courts of the Republic of Cyprus.
"ChatGen" can be downloaded and installed on mobile devices that are compatible with Android 10.0 or a more recent version.
"ChatGen" is offered at no cost to you.
You have the freedom to cease the use of "ChatGen" whenever you desire. If you choose to no longer utilize "ChatGen" for any reason, it is advisable to uninstall it from your device.
Certain services and/or additional features offered within "ChatGen" require paid subscriptions. The complete list of such features and their respective pricing can be found on "ChatGen" page.
During the signup process, you may have the opportunity to try out the additional paid features during a designated free trial period.
It's important to note that unless you cancel your subscription at least 24 hours before the end of the free trial period, you will be automatically charged. Upon canceling your subscription, you will still retain access to the basic features of "ChatGen".
Your subscription will be automatically extended within 24 hours prior to the expiration of the current subscription. If you wish to prevent the automatic renewal, you have the option to disable the auto-renew feature as described here. However, please ensure that you disable the auto-renew option at least 24 hours before the current subscription period ends.
Please be aware that you cannot cancel the current subscription during the active subscription period. You have the responsibility of managing your subscriptions, and it's essential to understand that uninstalling "ChatGen" from your device does not result in the deactivation of your subscription.
The services, along with all the materials, information, software, and integrated content within "ChatGen", are provided in their current state and availability “as is”, without any warranties or guarantees.
Under no circumstances shall RAWSTHORN LTD be held liable for any type of damages, whether direct or indirect, that may arise from or be in any way connected to "ChatGen" and the services it provides. RAWSTHORN LTD shall not be held responsible for any special, consequential, incidental, exemplary, or punitive damages, nor for any loss of profits or revenues, even if RAWSTHORN LTD has been explicitly advised of the possibility of such damages. Additionally, RAWSTHORN LTD shall not be liable for any damages arising from or related to products, services, and/or information offered or provided by any third parties accessed through "ChatGen" or by any other means. It is important to note that RAWSTHORN LTD is not liable for costs or damages resulting from legal actions, whether initiated by private entities or governmental authorities, related to your use of "ChatGen" and its services in any country.
If you have any inquiries regarding this ToU or "ChatGen", or if you need assistance and wish to submit a support request, please reach out to us using our designated support form.