Terms of Service
Welcome to CapGF.chat!
These Terms of Service ("Terms") are a binding legal agreement between you ("you" or "your") and CapGF.chat ("CapGF.chat," "we," "us," or "our") governing your access to and use of our large language model (LLM) chat services, including our websites, applications, and any other products or services offered by CapGF.chat (collectively, the "Services").
Please read these Terms carefully before accessing or using the Services. By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access or use the Services.
1. Definitions
"Account" means an account required to access and use certain features of the Services.
"Content" means any and all information and content that is submitted to, or uploaded, transmitted, or otherwise made available through, the Services, such as text, data, files, images, videos, audio, and any other materials.
"User Content" means Content that you submit to, or upload, transmit, or otherwise make available through, the Services.
"CapGF.chat Content" means all Content that is not User Content.
2. Eligibility
You must be at least 18 years old to use the Services. By accessing or using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are accessing or using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3. Account Registration and Security
3.1 Account Registration
You may be required to create an Account to access and use certain features of the Services. If you create an Account, you agree to provide accurate, current, and complete information during the registration process and to keep your Account information updated. You are solely responsible for maintaining the confidentiality of your Account login information, including your username and password, and for all activity that occurs under your Account. You agree to notify us immediately of any unauthorized access to or use of your Account.
3.2 Account Security
You are responsible for taking reasonable steps to protect your Account from unauthorized access, use, or disclosure. You agree not to share your Account login information with any third party. We are not responsible for any loss or damage arising from your failure to comply with this Section 3.2.
4. User Content
4.1 User Content License
You retain all of your ownership rights in and to your User Content. However, by submitting, uploading, transmitting, or otherwise making available User Content through the Services, you hereby grant to Moe Capital a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with the operation and provision of the Services.
4.2 User Content Representations and Warranties
You represent and warrant that: (a) you own all rights in and to your User Content or have obtained all necessary rights and permissions to grant the licenses granted in these Terms; (b) your User Content does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, or other legal or moral rights; (c) your User Content does not and will not violate these Terms or any applicable law or regulation; and (d) your User Content is not and will not be false, inaccurate, misleading, defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
4.3 User Content Monitoring
We reserve the right, but have no obligation, to monitor, review, edit, remove, or disable access to any User Content for any reason, at any time, without notice to you. We are not responsible for any User Content, and we do not endorse any opinions or views expressed in any User Content.
5. Prohibited Conduct
You agree not to:
- Use the Services for any illegal or unauthorized purpose.
- Violate any applicable local, state, national, or international law or regulation.
- Infringe upon the intellectual property rights of others.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt the Services or servers or networks connected to the Services.
- Attempt to gain unauthorized access to the Services, other Accounts, computer systems, or networks connected to the Services.
- Use any robot, spider, scraper, or other automated means to access the Services for any purpose.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.
- Use the Services to transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Use the Services to collect or harvest any personally identifiable information, including Account names, from the Services.
- Use the Services to stalk, harass, threaten, or harm another individual.
- Use the Services to promote bigotry, hatred, or violence against any group or individual.
- Use the Services to engage in any activity that we deem, in our sole discretion, to be inappropriate or harmful.
6. Third-Party Content and Services
The Services may contain links to third-party websites, applications, or other services that are not owned or controlled by CapGF.chat. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites, applications, or services. You acknowledge and agree that CapGF.chat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
7. Copyright Complaints
7.1
We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
7.2
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and an email address;
- A statement by you 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 the law;
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
7.3
We reserve the right (but not the obligation) to remove content alleged to be infringing without prior notice, at our sole discretion. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer.
8. Termination
We may terminate your access to and use of the Services, or any portion thereof, immediately and at any time, with or without cause and without notice, for any reason or no reason, including but not limited to your violation of these Terms or any other agreement between you and CapGF.chat. Upon termination, your right to use the Services will immediately cease.
9. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CapGF.chat DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK.
CapGF.chat MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CapGF.chat DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CapGF.chat, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THIS LIMITATION SHALL APPLY EVEN IF CapGF.chat HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, CapGF.chat'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Indemnification
You agree to indemnify, defend, and hold harmless CapGF.chat, its affiliates, licensors, service providers, employees, agents, officers, and directors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including attorneys' fees) arising out of or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party.
12. Dispute Resolution
12.1 Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by and construed in accordance with the laws of the State of Virginia, without regard to its conflict of laws provisions.
12.2 Arbitration
Any dispute arising out of or relating to these Terms or your access to or use of the Services, including any dispute as to the validity, enforceability, or scope of this Section 12.2, shall be resolved by binding arbitration before a single arbitrator administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitrator shall be bound by these Terms and shall issue a reasoned award in writing. The arbitrator shall not have the power to award any damages not expressly authorized by these Terms. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
12.3 Class Action Waiver
YOU AND CapGF.chat AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CapGF.chat agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution Section shall be null and [void.](void..md)
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision shall be severed from these Terms. In either case, the validity and enforceability of the remaining provisions of these Terms shall not be affected. The parties agree to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision.
14. Entire Agreement
These Terms constitute the entire agreement between you and CapGF.chat relating to your access to and use of the Services and supersede all prior or contemporaneous written or oral agreements between you and Moe Capital with respect to such subject matter. These Terms may not be amended or modified except by a written agreement signed by an authorized representative of CapGF.chat.
15. Contact Us
If you have any questions about our Terms of Services or Privacy Policy, please contact us at capgf.chat@gamil.com.