ChatGPTree User End Agreement

This ChatGPTree End User Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and ChatGPTree, Inc ("Company"). This Agreement governs your license to the ChatGPTree mobile application on iOS and Android, and your use of the ChatGPTree web app online (the mobile and web apps and their associated documentation are referred to as "ChatGPTree"). 

BY DOWNLOADING CHATGPTREE OR SUBSCRIBING TO CHATGPTREE,YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OR DOWNLOAD CHATGPTREE.

1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
   
   1.  download, install, and use ChatGPTree for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with ChatGPTree's documentation; and 
   2. access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 6) made available in or otherwise accessible through ChatGPTree, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 6.
2. Provision of Online Access. Subject to the terms and conditions of this Agreement, Company hereby grants you a non-exclusive, non-transferable, right to access and use the online version of ChatGPTree during the term of the Agreement. Provider shall provide you with the necessary passwords and links or connections to allow you to access ChatGPTree.
3. License and Use Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by Company, you shall not: 
   
   1. copy ChatGPTree, except as expressly permitted by this Agreement;
   2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of ChatGPTree;
   3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the software component of ChatGPTree;
   4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from ChatGPTree, including any copy thereof;
   5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available ChatGPTree, or any features or functionality of ChatGPTree, to any third party for any reason, including by making ChatGPTree available on a network where it is capable of being accessed by more than one device at any time;
   6. use any robot, spider, or other automatic device, process, or means to access ChatGPTree any purpose, including monitoring or copying any of the material on ChatGPTree;
   7. use any manual process to monitor or copy any of the material on ChatGPTree, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;
   8. frame, mirror, or otherwise incorporate ChatGPTree or any portion of ChatGPTree as part of any other mobile application, website, or service;
   9. use ChatGPTree in any manner that could disable, overburden, damage, or impair ChatGPTree or interfere with any other party's use of ChatGPTree; or
   10. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting ChatGPTree; or 
   11. use ChatGPTree in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
4. Reservation of Rights. You acknowledge and agree that ChatGPTree is provided under limited use and license, and not sold, to you. You do not acquire any ownership interest in ChatGPTree under this Agreement, or any other rights thereto other than to use ChatGPTree in accordance with the all of the terms, conditions, and restrictions, of this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to ChatGPTree, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
5. Collection and Use of Your Information. You acknowledge that when you download, install, or use ChatGPTree, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device or computer and about your use of ChatGPTree. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using ChatGPTree or certain of its features or functionality, and ChatGPTree may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with ChatGPTree is subject to our Privacy Policy [INSERT AS LINK TO MOBILE APP PRIVACY POLICY]. By downloading, installing, using, and providing information to or through ChatGPTree, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
6. Content and Services. ChatGPTree may provide you with access to Company's website located at https://api.chatgptree.ai (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through ChatGPTree may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's Terms of Use and Privacy Policy located at [TERMS OF USE LINK] and [PRIVACY POLICY LINK], which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of ChatGPTree's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
7. Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
8. Updates. Company may from time to time in its sole discretion develop and provide updates to ChatGPTree, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device and computer settings, when your Mobile Device or printer is connected to the internet either:
   
   1. ChatGPTree will automatically download and install all available Updates; or
   2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that ChatGPTree or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of ChatGPTree and be subject to all terms and conditions of this Agreement.

9. Third-Party Materials. ChatGPTree may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
10. Fees. You agree to pay Company all fees applicable to your subscription level for ChatGPTree when due.  You shall make all payments in US dollars. If You fail to make any payment when due, without limiting Company's other rights and remedies: (i) Company may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; (ii) Customer shall reimburse Company for all reasonable costs incurred by Company in collecting any late payments or interest, including attorneys' fees, court costs, and collection agency fees; and (iii) if such failure continues for 60 days or more, Company may suspend your access to any portion or all of ChatGPTree until such amounts are paid in full.
11. Term and Termination.
    
    1. The term of this Agreement commences the earlier of when you first download or otherwise use ChatGPTree and will continue in effect until terminated by you or Company as set forth in this Section 11.
    2. You may terminate this Agreement and end your subscription by going to api.chatgptree.ai/users and selecting the “cancel subscription” option. You will retain access, premium credits, and functionality until the end of your then-current billing cycle. 
    3. Company may terminate this Agreement at any time without notice if it ceases to support ChatGPTree, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    4. Upon termination:
       
       1. all rights granted to you under this Agreement will also terminate; and
       2. after your last billing cycle is completed, you must cease all use of ChatGPTree and delete all copies of ChatGPTree from your Mobile Device and account.
    5. Termination will not limit any of Company's rights or remedies at law or in equity.
12. Disclaimer of Warranties. CHATGPTREE IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO CHATGPTREE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT CHATGPTREE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE CHATGPTREE OR THE CONTENT AND SERVICES FOR:
    
    1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
    2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR CHATGPTREE. 

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

14. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of ChatGPTree or your breach of this Agreement, including but not limited to the content you submit or make available through ChatGPTree.
15. Export Regulation. ChatGPTree may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release ChatGPTree to, or make ChatGPTree accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making ChatGPTree available outside the US.
16. US Government Rights. ChatGPTree is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to ChatGPTree as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
17. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement (including without limitation any applicable fundamental terms), is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
18. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or ChatGPTree shall be instituted exclusively in the federal courts of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 
19. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR CHATGPTREE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
20. Entire Agreement. This Agreement, the Terms of Use, and our Privacy Policy constitute the entire agreement between you and Company with respect to ChatGPTree and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to ChatGPTree. 

Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.