Last Updated: 2023-03-18
I. Introduction
A. Purpose of the Terms of Service
These Terms of Service (“Terms”) govern your access to and use of our website and Discord bot service (collectively, the “Service”) provided by Nova Net LLC (“us,” “we,” or “our”). The Terms set forth the legally binding agreement between you and Nova Net LLC and outline your rights, obligations, and responsibilities while using our Service.
B. Acceptance of the Terms of Service
By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Service. We may update these Terms occasionally, and your continued use of the Service constitutes acceptance of any changes.
II. Description of the Service
A. Overview of the Discord bot
Our Service provides a Discord bot that processes messages sent by members within your server and forwards them to OpenAI’s API to generate responses based on the content of the messages. The bot then sends the generated responses back to the user. This Service is designed to enhance communication and engagement within your Discord server.
B. Access and usage of the website
Our website serves as a platform for users to access information about our Discord bot, learn how to integrate it into their servers, and manage their account settings. The website also contains information on the Service’s features, updates, and support resources.
C. Integration with OpenAI’s API
Our Discord bot uses OpenAI’s API to analyze user messages and generate responses. By using our Service, you acknowledge and agree to the data handling practices outlined in OpenAI’s privacy policy, which can be found at https://openai.com/policies/privacy-policy.
D. Google Analytics
Our website uses Google Analytics to collect and analyze usage data, helping us understand user interactions and improve our Service. By using our website, you consent to the collection and processing of your data by Google Analytics as described in their privacy policy, which can be found at https://policies.google.com/technologies/partner-sites.
III. User Accounts and Responsibilities
A. Account Registration
While some features of our Service may be accessible without creating an account, you may need to register for an account to access and manage certain aspects of our Discord bot. When registering, you agree to provide accurate and complete information and to keep your account information up-to-date.
B. Account Security
You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You must promptly notify us of any unauthorized access or use of your account. We cannot be held liable for any loss or damage resulting from your failure to protect your account information.
C. User Conduct
As a user of our Service, you agree to use the Discord bot and website responsibly and in compliance with all applicable laws and regulations. You must not use our Service to engage in any unlawful, harassing, abusive, or otherwise inappropriate behavior or to transmit any harmful, threatening, or offensive material.
D. Responsibility for the content
You are solely responsible for any content you submit, post, or share through our Service, including messages sent to our Discord bot and any user-generated content on our website. You acknowledge and agree that we are not responsible for the accuracy, appropriateness, or legality of any content submitted by you or any other Service users.
IV. Intellectual Property Rights
A. Ownership of the Service
All rights, title, and interest in and to the Service, including but not limited to, the website, the Discord bot, and any software, code, text, images, graphics, logos, or other materials provided as part of the Service, are the exclusive property of Nova Net LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from the Service without our express written permission.
B. User-generated content
You retain all rights, title, and interest in and to any content you submit, post, or share through our Service, including messages sent to our Discord bot and any user-generated content on our website. However, by submitting content to the Service, you grant us a non-exclusive, royalty-free, worldwide, and perpetual license to use, reproduce, distribute, display, and perform the content in connection with the Service and our business.
C. Grant of license
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use. This license does not include any right to copy, distribute, or create derivative works from the Service.
D. Infringement claims
If you believe that any content available through our Service infringes upon your intellectual property rights, you may submit a written notification to us with the necessary information as required by the Digital Millennium Copyright Act (DMCA) or any other applicable law. We will investigate your claim and take appropriate action in accordance with the relevant laws and regulations.
V. Service Availability and Modifications
A. Service uptime
We strive to provide continuous, uninterrupted access to our Service. However, we cannot guarantee that the Service will always be available, as factors such as maintenance, updates, or unforeseen circumstances may cause temporary disruptions. We will make reasonable efforts to minimize downtime and notify users of any planned maintenance or updates.
B. Maintenance and updates
We reserve the right to perform maintenance on our Service as needed to ensure its optimal performance and security. We may also update the Service to improve its features, fix bugs, or comply with legal requirements. While we will endeavor to minimize any disruptions to the Service during maintenance or updates, we cannot guarantee that there will be no impact on your access or use of the Service.
C. Right to modify or discontinue the Service
At our sole discretion, we reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time and without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
VI. Third-Party Services and Content
A. Links to third-party websites
Our Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for any third-party websites or services’ content, privacy policies, or practices. You acknowledge and agree that we shall not be held 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 third-party content, goods, or services available on or through any such websites or services.
B. OpenAI’s API
Our Discord bot uses OpenAI’s API to analyze user messages and generate responses. By using our Service, you acknowledge and agree to the terms of service set forth by OpenAI, which can be found at https://openai.com/policies/terms-of-use. The literal and graphical information presented on this site about OpenAI and ChatGPT, and its trademarks, is © OpenAI. This website is not produced by, endorsed by, supported by, or affiliated with OpenAI
C. Discord’s API
Our Discord bot uses Discord’s Bot API to read the messages sent to it and to reply in the channel where the prompt was made. By using our Service, you acknowledge and agree to the terms of service set forth by Discord, which can be found at https://discord.com/Terms. The literal and graphical information presented on this site about Discord, Discord Bots, Discord Servers, and its trademarks is © Discord Inc. This website is not produced by, endorsed by, supported by, or affiliated with Discord Inc.
D. Google Analytics
Our website uses Google Analytics to collect and analyze usage data, helping us understand user interactions and improve our Service. By using our website, you consent to the collection and processing of your data by Google Analytics as described in their terms of service, which can be found at https://policies.google.com/terms?hl=en-US.
E. Disclaimer of responsibility
We do not endorse, guarantee, or assume any responsibility for any third-party content, services, or products that may be accessed or obtained through our Service. You acknowledge and agree that your use of, or reliance upon, any third-party content or services is solely at your own risk.
VII. Limitation of Liability and Warranty Disclaimer
A. No warranties
To the maximum extent permitted by law, our Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or any other warranty arising from a course of dealing or usage of trade. We do not warrant that the Service will meet your requirements, be uninterrupted, secure, and error-free, or that any defects will be corrected.
B. Limitation of liability
In no event shall Nova Net LLC, its affiliates, licensors, or any of their respective directors, officers, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage and even if a remedy set forth herein is found to have failed its essential purpose.
C. Indemnification
You agree to defend, indemnify, and hold harmless Nova Net LLC, its affiliates, licensors, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
VIII. Termination
A. User termination
You may terminate your account and discontinue using our Service at any time by following the account deletion process available on our website or by contacting us directly. You must cease all use of the Service and any associated content upon termination.
B. Provider termination
We reserve the right to suspend or terminate your access to the Service or your account, without prior notice or liability, for any reason at our sole discretion, including but not limited to a breach of these Terms. In such cases, we will notify you of the suspension or termination via the email address associated with your account.
C. Effects of termination
Upon termination of your account, your right to use the Service will immediately cease. If you wish to use our Service again, you must create a new account. Termination does not affect your obligations or our rights under these Terms, which by their nature should survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
IX. Governing Law and Dispute Resolution
A. Governing law
These Terms and any disputes arising out of or related to the Service shall be governed by and construed in accordance with the laws of The United States, without giving effect to any choice or conflict of law provision or rule.
B. Dispute resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, you and Nova Net LLC agree to first attempt to resolve the issue informally by contacting each other and discussing the matter in good faith.
C. Arbitration
If the dispute cannot be resolved informally within thirty (30) days of the date the issue was first raised, either party may initiate binding arbitration in accordance with the rules of the The United States. The arbitration shall take place in Naperville, Illinois, and the language of the arbitration shall be English. The arbitrator’s decision shall be final and binding on both parties.
D. Class action waiver
You and Nova Net LLC agree that any claims or disputes arising from or related to these Terms or the Service may only be brought individually, not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Nova Net LLC agree otherwise in writing, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
X. Changes to the Terms of Service
A. Updates and revisions
At our sole discretion, we reserve the right to update, modify, or replace these Terms at any time. The determination of what constitutes a material change will be at our discretion.
B. Notification of changes
We will notify you of any changes to the Terms by posting the updated version on our website or by emailing the address associated with your account. You are responsible for ensuring that your email address on file is current and accurate.
C. Continued use
Your continued use of the Service following the posting of any changes to the Terms constitutes your acceptance of those changes. If you disagree with the new Terms, you must stop using the Service and delete your account.
D. Periodic review
You are responsible for periodically reviewing the Terms of Service to stay informed of any updates or changes. We will not be held liable for any failure on your part to review and comply with the updated Terms.
XI. Miscellaneous
A. Entire agreement
These Terms and our Privacy Policy constitute the entire agreement between you and Nova Net LLC concerning your use of the Service and supersede any prior agreements, understandings, or representations, whether written or oral, relating to the subject matter of these Terms.
B. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable.
C. Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Nova Net LLC.
D. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms without restriction.
E. Force majeure
Neither party will be liable for any failure or delay in performance under these Terms due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes, provided that the affected party promptly notifies the other party in writing of the force majeure event and uses commercially reasonable efforts to resume performance as soon as possible.
F. Contact information
If you have any questions or concerns regarding these Terms, please contact us at info@chatgpt-bot.io or write to 2863 W 95th Street, Suite 143 in Naperville, IL 60564.