Terms and Conditions
Thank you for using SuperChatNow! This document explains the usage of our services.
SuperChatNow is a software services company. Our products make it easier for people to access OpenAI's LLMs (Large Language Models). Since our products are cloud-based, you can access them through the web and through any number of device types (e.g., desktop, laptop, tablets, and smartphone devices) that you choose.
This document, the Terms of Service ("Terms"), outlines the terms regarding your (the "Customer") use of our products. These Terms are a legally binding contract between you and SuperChatNow so please read carefully. If you do not agree with these Terms, do not register or use any of the Services.
By using, accessing or browsing our platform and products including applications, mobile, software, websites or other properties owned or operated by SuperChatNow or by registering for an account ("Services"), you are agreeing to be bound by these Terms for the Services provided by SuperChatNow.com ("SuperChatNow", "us", "we", ”our company”, "Service Provider", "website" or "site").
Access and Usage
(1) The minimum age to use this site is 14. Persons between the ages of 14 and 18 must have parental or legal guardian's permission to use the Site. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials. Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use this Service.
(2) Using the Service requires you to obtain an account by completing a registration form and designating a password, address, and payment credentials. When registering with us you must: (a) provide true, current and complete information about yourself on the registration form and (b) maintain such information so it continues to be true, current and complete.
(3) Customer may only use the Service in accordance with the Documentation, applicable laws and government regulations and as explicitly set forth in this Agreement. Customer will cooperate with SuperChatNow in connection with the performance of this Agreement as may be necessary, which may include making available such personnel and information as may be reasonably required to provide the Services or support. Customer is solely responsible for determining whether the Services are sufficient for its purposes, including, but not limited to, whether the Services satisfy Customer's legal and/or regulatory requirements.
- damage, disable, overburden, or impair the Service (or any network connected to the Services)
- resell or redistribute the Services or any part of it
- use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry outthese activities
- use any automated process or service (such as a bot, a spider, or periodic caching of information stored by SuperChatNow) to access or use the Services
- use the Services beyond the features of that Service and or beyond the amounts provided in that Service
- use the Services to violate any law or distribute malware or malicious Content
- distribute, post, share information or Content you don't have the right to or is illegal
- use the Services of SuperChatNow in a way that infringes, misappropriates or violates any person's rights
- send us (via any method) any personal information of children under 13 or the applicable age of digital consent
(5) As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms, we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Services.
Privacy
In order to operate and provide the Services, we collect certain information about you. We use and protect that information as described in our Privacy Policy. You acknowledge that the your use of our Services is subject to our Privacy Policy and understand that it identifies how SuperChatNow collects, stores, and uses certain information.
Content
(1) SuperChatNow's Content is protected by copyright. Content includes source code, images, site look-and-feel, and written copy viewable on the site. The Customer many not copy, distribute, modify, rent, lease, loan, sell, distribute, create derivative works, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof without the copyright owners's consent.
(2) The Service Provider claims no intellectual property rights over the content you enter or provide to the Service ("Customer Data"). This includes prompts and/or questions submitted to the AI model. You are responsible for this content and making sure it does not violate any applicable law or these Terms. This content, though, entered by you remains yours. The Service Provider does not pre-screen Content, but the Service Provider has the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service, if deemed unacceptable.
(3) Output from an OpenAI model is not guaranteed to be accurate, reliable, or safe for all ages. AI is a rapidly growing field and these models have been trained on vast amounts of data, so biases could possibly be baked into some responses. SuperChatNow takes no responsibility for the content delivered from the AI model.
(4) The Service Provider claims no intellectual property rights over the content provided by OpenAI that results from using this Service. The Service Provider does not pre-screen this Content, but the Service Provider has the right (but not the obligation) in their sole discretion to refuse or remove any such Content that is made available via the Service, if deemed unacceptable.
(5) The Customer undertakes not to create, transmit, display or make otherwise available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, or hateful (including viruses, worms and any other destructive codes).
(6) See also OpenAI's Usage Policy webpage at: OpenAI Usage Policy This is applicable here because you, as the customer, will be conversing with OpenAI models directly via their API (application programming interface). Customers of SuperChatNow must abide by this OpenAI Usage Policy.
Payments
Taxes. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities if not stated otherwise. The Customer will be responsible for payment of all such taxes, levies, or duties. SuperChatNow uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.
Price Changes. Prices of all Services are subject to change in 5 days by posting notice to our website, except for increases made for legal reasons, which will be effective immediately. Any price change will apply to the Fees charged to your account immediately after the effective date of the changes.
Disputes and Late Payments. If you want to dispute any Fees or Taxes, please contact support@SuperChatNow.com within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 1.5% of the unpaid balance per month. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.
Payment Authorization and Refunds. When you select a Service to purchase, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Services you have selected. We will endeavor to collect payment at the time of purchase, but if errors occurs, we may end up billing shortly after purchase. If you have purchased a subscription service, we will bill on a recurring basis. You may, however, cancel your subscription before the next billing cycle in accordance with these Terms, and will be refunded any unused amount. If you have an 'a-la-carte' account, you may cancel at any time and you will be refunded any unused amount of the credits you purchased.
Non-Payment. To the extent that SuperChatNow has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term, if applicable. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.
Subscription Information
Subscriptions with SuperChatNow are not time-based, but are instead based on how many credits the Customer has remaining. A Customer may purchase one of many different subscription plans which offer differing numbers of credits. The Customer then uses the credits at his or her own pace. When the credits remaining is below 10% of the initial amount purchased, the Customer's payment method will be charged for another block of credits.
Data Protection
(1) Customer shall be responsible for determining whether the Services are appropriate for the storage and processing of Customer Data (including Customer Personal Data) under applicable data protection law. Customer represents and warrants to SuperChatNow that the Customer Personal Data provided to or otherwise collected by SuperChatNow in connection with the Services, the means by which Customer acquired such Customer Personal Data, and the Customer's instructions for the processing of Customer Personal Data in connection with the Services shall comply with all applicable data protection laws.
(2) SuperChatNow shall implement and maintain all reasonable and appropriate technical and organizational security measures designed to protect Customer Data from any accidental or unlawful destruction, alteration, or unauthorized access or disclosure to third parties in accordance with the SuperChatNow Privacy Policy.
Termination
(1) Definition of "end of the Term": This is the time period during which the Customer has consumed all available credits that were purchased.
(2) In the event of any material breach of this Agreement by either party (other than Customer's payment obligations), the non-breaching party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty-day period. If Customer fails to pay any Fees or other amounts in the applicable pricing plan, SuperChatNow may terminate this Agreement prior to the end of the Term by giving five (5) business days prior written notice to Customer; provided, however, that this Agreement will not terminate if Customer has paid all Fees and other amounts in the applicable plan prior to the expiration of such five (5) business day period.
(3) Either party may terminate this Agreement, without notice, (a) upon the institution or if a petition is filed, notice is given, a resolution is passed, or an order is made, in each case by or against the other party under applicable law relating to insolvency, administration, liquidation, receivership, bankruptcy, or any other winding-up proceedings; (b) upon the other party's making an assignment for the benefit of creditors or making a voluntary arrangement with its creditors; (c) upon the other party's dissolution or ceasing, or threatening to cease to do business or (d) if any event occurs or proceeding is instituted, with respect to the other party that has the equivalent or similar effect to any of the events mentioned in the preceding paragraph. Notwithstanding anything in this Agreement to the contrary, SuperChatNow may, without penalty or liability and with or without notice, modify or discontinue its provision of Services at any time and to the extent Customer is using Services, immediately terminate this Agreement.
Indemnification and Liability
Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys' fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.
Warranty. For Customers enrolled in any form of Services requiring payment of Fees, SuperChatNow represents and warrants that it will not knowingly include, in the Services released to Users and provided to Customer hereunder, any computer code or other computer instructions, devices, or techniques, including without limitation those known as viruses, disabling devices, trojans, or time bombs, that intentionally disrupt, disable, harm, infect, defraud, damage, or otherwise impede in any manner, the operation of a network, computer program, or computer system or any component thereof, including its security or Customer Data. If, at any time, SuperChatNow fails to comply with the warranty in this, Customer may promptly notify SuperChatNow in writing of any such noncompliance. SuperChatNow will, within thirty (30) days of receipt of such written notification, either correct the noncompliance or provide Customer with a plan for correcting the noncompliance. If the noncompliance is not corrected or if a reasonably acceptable correction plan is not established during such period, Customer may terminate this Agreement and receive a refund of any unused credits, as its sole and exclusive remedy for such noncompliance.
Disclaimer. EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 10, THE SERVICES AND SUPERCHATNOW CONFIDENTIAL INFORMATION AND ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS-IS”, WITHOUT ANY WARRANTIES OF ANY KIND. SUPERCHATNOW HEREBY DISCLAIMS FOR ITSELF AND ITS SUPPLIERS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT.
Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE FOREGOING LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Each Party represents and warrants that (a) it has the legal power to enter into this Agreement, and (b) its performance of this Agreement will not conflict with any obligations it has to third parties.
Dispute Resolution
Informal Dispute Resolution. SuperChatNow would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against SuperChatNow, you agree to try to resolve the dispute informally by sending us notice at support@SuperChatNow.com with your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process. If the dispute cannot be solved by means of negotiations, the dispute shall be resolved in federal or civil court in Orange County, Florida, US, as applicable.
- If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr.
- In the United States and elsewhere, the resolution platform will be the Ninth Judicial Circuit Court of Florida, Dispute Resolution Services (see Dispute Resolution Services )
General Terms
(1) Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- the Customer's use of the Service will meet the Customer's requirements
- the Customer's use of the Service will be uninterrupted, timely, secure or free from error
- any information obtained by the Customer as a result of the Customer's use of the Service will be accurate, correct, reliable and up to date
- defects in the operation or functionality of the Service will be corrected
(3) Technical support is available via email by using our Contact Us page.
(4) No warranties (including for satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent expressly stipulated in the Agreement.
- damage resulting from any changes which the Service Provider may make to the Service
- damage resulting from any permanent or temporary interruption in the provision of the Service
- damage resulting from deletion of, corruption of, or failure to store, any Customer's Content
- damage resulting from the Customer's failure to provide the Service Provider with accurate account information
- damage resulting from the Customer's failure to keep the Customer's password or the details of the Customer's Account secure and confidential
(6) You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
(7) You understand that Service Provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
(8) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Service Provider.
(9) The Customer indemnifies the Service Provider, its officers, directors, employees, agents, licensors, suppliers, etc. for any and all claims, liabilities, losses, expenses, damage and costs, including attorney's fees, resulting from the breach of the Agreement, and from the activities on the Customer Account.
(10) The Service Provider may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
(11) The Customer agrees that the Service Provider may provide the Customer with notices, including those regarding changes to the Agreement, by email, regular mail, or postings and notifications in the Service.
(12) You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
(13) You must not upload, post, send out, or transmit unsolicited email, SMSs, or "spam" messages from the Service.
(14) You must not transmit any worms or viruses or any code of a destructive nature.
(15) OpenAI's logo and icon are copyrights of OpenAI.
(16) While the Service Provider prohibits such conduct and Content on the Service, you understand and agree that the Service Provider cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials.
(17) The failure of Service Provider to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Service Provider and govern your use of the Service, superceding any prior agreements between you and Service Provider (including, but not limited to, any prior versions of the Terms of Service).
(18) The Agreement is governed by US law.
(19) Severability. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
(20) In case the Agreement has been translated into some other language than English and there are contradictions between the English version and the translation, then the English version shall prevail over the translation.
(21) Questions about the Terms of Service should be sent to support@SuperChatNow.com .
LAST UPDATED: October 2023