Terms of Use

These Terms of Use (“Terms”) apply when you use the services of GMTech LLC (“GMTech”), including, but not limited to, our applications, websites, and professional services (“Services”). By using our Services, you agree to these Terms, which may be updated from time to time. The Services incorporate third party services as listed in the Third Party Terms (as further defined below) page. Your use of the Services also includes your agreement to those Third Party Terms.

  1. Account

    You must be at least 18 years old to use the Services. If you are using the Services on behalf of an organization or another person, you represent and warrant that you have the authority to accept the Terms on their behalf, and that any information you provide to GMTech is accurate and complete. You are responsible for the security and confidentiality of your access credentials and the actions taken under your account.

  2. Use of Services

    1. Compliance with Terms. You may only use the Services in accordance with these Terms and applicable law. GMTech owns all rights, title, and interest in and to the Services.

    2. Feedback. If you provide any feedback to GMTech regarding the Services, you grant GMTech a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license with the right to create derivatives to use or incorporate into the Services any suggestions, enhancement requests, recommendations, correction or other feedback provided by you relating to the functionality and/or operation of the Services.

    3. Use Restrictions. You represent and warrant that: (i) you will not use the Services in a way that infringes, misappropriates or violates any applicable law or any person’s or entity’s rights, including, without limitation, proprietary rights; (ii) you will not reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code of the Services (except to the extent such restrictions are contrary to applicable law); (iii) you will not use the Services to compete with GMTech; (iv) you will not use any automated program to scrape, web harvest, or otherwise extract web data ; (v) you will not claim that anything generated by the Services was human-generated; (vi) you will not use the Services to intimidate, harass, deride, or otherwise abuse any individual or entity; or (vii), you will not use the Services to process personal data.

    4. Third Party Services. GMTech may make third party software, services, or other products available in connection with the Services, including, for example, other AI models, and your use of those third party services are subject to the applicable third party terms (“Third Party Terms”). GMTech is not responsible for third party services. A list of third party services incorporated into the Services and Third Party Terms is available here, and may be updated from time to time.

  3. User Data and Output

    1. Ownership. You may provide input to the Services (“User Data”), and receive output generated and returned by the Services based on the User Data (“Output”). You own your User Data and Output, provided, however, that (i) ownership terms may vary in accordance with the Third Party Terms; and (ii) you grant GMTech a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license with the right to create derivatives to use User Data and Output to provide and optimize the Services, comply with applicable law, enforce these Terms, and for any other internal business purpose permitted by applicable law. You understand that you use the Output at your own risk, and subject to any disclaimers in these Terms. You further represent and warrant that you own any underlying intellectual property in the User Data to enable you to grant GMTech the license(s) contained herein.

    2. Uniqueness; Inaccuracy. Output may not be unique because the underlying technology may generate the same or similar responses for other users inputting the same or similar prompts. Further, Output is prone to inaccuracy given the state of the underlying technology. It is your responsibility to ensure that Output is accurate by reviewing the Output prior to any use.

  4. Fees

    1. Fees. All fees (“Fees”) will be charged in accordance with your selected service plan on the Service Fees page, or as otherwise agreed to in writing. To enroll, you will need to provide a valid and authorized payment method. Payments will be processed by GMTech’s third-party payment processor(s). If your payment is late or cannot be completed, GMTech reserves the right suspend access to the Services until payment is received. Fees are are charged in U.S. dollars and are non-refundable.

    2. Taxes. Unless otherwise stated, Fees do not include any federal, state, local, or international taxes, tariffs, duties, or other similar charges (“Taxes”). You are responsible for the payment of all Taxes associated with your payment of Fees.

    3. Fee Changes. GMTech reserves the right to change prices or provide additional pricing options by posting notice on the Service Fees page, and/or to your account. Changes will be effective 30 days from posting and will automatically be updated during the next billing cycle for your Fee.

  5. Confidentiality, Account Security, and Personal Data

    1. Confidentiality. Through the use of the Services, you may have access to GMTech or other third party Confidential Information. “Confidential Information” means any non-public information that GMTech or the applicable third party designates as or should reasonably be considered confidential. You may use Confidential Information only as required to make use of the Services in accordance with these Terms. You must protect Confidential Information in the same way you would reasonably protect your own, and you may not disclose Confidential Information written authorization. For avoidance of doubt, Confidential Information does not include information that: (i) is or becomes publicly available ; (ii) you are already in possession of without any restriction on use; (iii) is disclosed to you by a third party that does not have any confidentiality obligations; or (iv) you developed independently. You may disclose Confidential Information only when required by law or court order; however, you must give reasonable prior written notice to GMTech or the applicable third party to enable GMTech or the applicable third party to challenge any such requirement.

    2. Account Security. You are responsible for keeping your account secure, including using a strong password, and keeping your password confidential. If you discover any unauthorized use of your account or the Services, you must immediately report it to GMTech at [email protected].

    3. Personal Data. The Services are not intended to be used to process personal data (or other similar term as defined by applicable data protection law), and you represent and warrant to us that you will not use the Services to process any personal data . To register for an account, you will provide GMTech with your own personal data, which will be processed in accordance with the Privacy Policy. The Privacy Policy forms a part of these Terms.

  6. Termination

    1. Termination; Suspension. The Terms are effective from the date of first use of the Services and are effective until terminated. You may terminate these Terms by ceasing use of the Services and Output, closing your account, and being fully paid up on Subscription Fees. We may terminate these Terms for any reason with reasonable advance notice. However, we may immediately terminate these Terms if you materially breach them, if there are changes in Third Party Terms, or it is otherwise reasonably necessary to comply with applicable law or a court order. In addition to our right to suspend due to non-payment, we may suspend your access to the Services if you do not otherwise comply with these Terms, or if your use poses a security risk or we otherwise reasonably suspect that your use is fraudulent, violates applicable law, or could create legal liability for GMTech or a third party.

    2. Effect of Termination. Once terminated, you will cease use of the Services and Output, and return or destroy any Confidential Information.

  7. Indemnity, Disclaimer, Limitation of Liability, Disputes

    1. Indemnity. You will indemnify, defend, and hold harmless GMTech and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services or Output, your breach of these Terms, infringement upon any third party’s proprietary rights, and any violation of applicable law.

    2. Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, GMTECH (AND THIRD PARTIES WHOSE THIRD PARTY TERMS YOU AGREED TO BY USE OF THE SERVICES) MAKES NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. GMTECH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE, OR THAT ANY OUTPUT WILL BE SECURE, ACCURATE, COMPLETE, OR NOT LOST OR ALTERED.

    3. Limitation of Liability. GMTECH WILL NOT 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, OR ANY LIABILITY TO THIRD PARTIES WHOSE THIRD PARTY TERMS YOU AGREED TO BY USE OF THE SERVICES. GMTECH’S AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ​​THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM. THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

    4. Informal Disputes. You agree that prior to filing a claim in accordance with the Jurisdiction, Venue and Choice of Law provision below, you send us notice at [email protected] with the name associated with your account, a description of the issue you are having, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding as described below.

    5. NO CLASS ACTIONS; WAIVER OF RIGHT TO JURY TRIAL. Disputes not resolved by the Informal Dispute process above must be brought in accordance with the Jurisdiction, Venue and Choice of Law provision below on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class actions, private attorney general actions, and consolidation with other cases are not allowed. Each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim.

  8. Miscellaneous

    1. (a) Relationship. These Terms do not create a partnership, joint venture or agency relationship between you and GMTech. All parties are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.

    2. (b) Intellectual Property Complaints. If you are an intellectual property rights holder and you reasonably believe that your intellectual property rights have been infringed by use of the Services, please send an email to [email protected].

    3. (c) Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.

    4. (d) Modifications. GMTech may update these Terms from time to time by posting the updated version on the website, however, if an update contains a material change, we will also provide notice to you. Updates to the Terms will become effective immediately or as otherwise stated in a notice. By continuing to use the Services after any updates, you agree to the updated Terms.

    5. (g) Notices. Notices provided by GMTech will be in writing, within the user interface or to the email address you provided when setting up your account, and will be deemed delivered and served on the send date. If you need to provide written notice to GMTech, you may do so by emailing [email protected]. 

    6. (e) Waiver and Severability. GMTech does not waive any rights under these Terms if we do not take immediate action on any non-compliance with the Terms.If a court of competent jurisdiction finally determines any part of these Terms is invalid or unenforceable, that provision will be stricken and it all other provisions of the Terms shall remain enforceable and in full effect.

    7. (f) Export Restrictions. You will not use the Services in relation to (a) any embargoed countries (as determined by the U.S.) or (b) to anyone or any entity on any restricted party list (as determined by the U.S., including, without limitation, the U.S. Treasury Department’s list of Specially Designated Nationals, any other restricted party lists of the Office of Foreign Asset Control, or the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists. You represent and warrant that you are not located in any embargoed country and are not on any restricted party list. You willcomply with all applicable laws related to embargoed countries or restricted party lists.

    8. (g) Injunctive Relief. Your violation of these Terms may cause irreparable harm to GMTech, and we reserve the right to seek injunctive relief against you in addition to any other available legal remedies.

    9. (h) Entire Agreement. These Terms and any Third Party Terms contain the entire agreement between you and GMTech regarding the use of the Services, and supersedes any prior or contemporaneous agreements, communications, or understandings between you and GMTech.

    10. (i) Jurisdiction, Venue and Choice of Law. These Terms will be governed by the laws of the State of California, excluding California’s conflicts of law rules or principles. All claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Marin County, California, USA.

    11. (j) Survival. Sections 1, 2, 3, 5, 7 and 8 shall survive any termination or expiration of these Terms.

    Last updated on November 27th 2023.