Your Stuff & Your Permissions

When you utilize our Services, you are providing us with items such as your GPT Prompts, content, AI context, AI commands, and the like (“Your Stuff”). Your Stuff belongs to you. These Terms do not grant us any rights to Your Stuff apart from the limited rights that allow us to provide the Services.

We need your permission to carry out activities such as hosting your content, making backups, and sharing it when you ask us to. Our Services also provide features such as commenting, sharing, searching, budgeting, AI testing, AI Prompt creation, easy sorting and organization, and personalization to help streamline your work. To be able to provide these and other features, ThoughtfulGPT must access, store, and scan your content. You give us permission to do so, and this permission extends to our affiliates and any trustworthy third parties we collaborate with.

Your Responsibilities

Your use of our Services must adhere to our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights, so please do not copy, upload, download, or share content unless you have the right to do so. ThoughtfulGPT reserves the right to review your conduct and content for compliance with these Terms and our Acceptable Use Policy. Nevertheless, we are not accountable for the content people post and share through the Services. Please take steps to protect your data. Secure your password to the Services, and keep your account information up to date. Do not share your account credentials or give anyone else access to your account.

You are only allowed to use our Services in accordance with applicable law, including export control laws and regulations. Also, you must be at least 13 if you live in the United States, and 16 anywhere else. If the law in your country requires you to be older in order for ThoughtfulGPT to provide the Services to you lawfully without parental consent (including use of your personal data), then you must be that age.

Software

By agreeing to these Terms, we provide you with a limited, non-exclusive, non-transferable, and revocable license to use the client software (“Software”), which is made available to you for the purpose of accessing our Services. The Software may be updated automatically. If any component of the Software is offered under an open source license, that license will be made available to you and its provisions may override some of these Terms. Unless legally prohibited, you must not reverse engineer, decompile, or attempt to do so with the Services, or help anyone else do so.

Beta Services

Sometimes ThoughtfulGPT releases products or features that are still in the testing or evaluation phase (“Beta Services”). These Beta Services may be marked as “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or other terms with similar meanings), meaning they may not be as reliable as other services. We offer these Beta Services so we can collect user feedback, and by using them, you agree to let us contact you to get this feedback. Until the official launch, Beta Services remain confidential. If you use them, you must not disclose any information to anyone else without our permission.

Additional Features

On occasion, ThoughtfulGPT may launch added functionality for our AI services without requiring additional charges. Nevertheless, these features could be taken away without forewarning.

Our Stuff

Through copyright, trademark, and other US and foreign laws, the Services are safeguarded. These Terms don't bestow upon you any right, title, or claim to the Services, other people's content in the Services, ThoughtfulGPT trademarks, logos, and other brand features. While we embrace feedback, we must advise that we may use comments or suggestions without any commitment to you.

Copyright

We uphold the rights of intellectual property owners and expect our users to do the same. Following our Copyright Policy, we will take action when we receive valid notifications of alleged copyright infringement. We may delete or disable content that is reported to be infringing and end the accounts of repeat offenders. Our designated representative for notification of potential copyright infringement in relation to our Services is: Copyright Contact ThoughtfulPlatform, Inc. 1887 Whitney Mesa Drive #4844 Henderson, Nevada 89014 copyright@ThoughtfulGPT.com

Paid Accounts Billing

You can upgrade your account to a “Paid Account” which will give you access to extra token limits and paid features. Your account will be charged for each renewal period from the date you upgrade until you decide to cancel. If you have an annual plan, we will send you a notification email before the renewal date. All applicable taxes must be paid, and we will charge tax when necessary. Please note that certain countries have laws relating to cancellation rights, and this paragraph does not override these laws.

Cancellation

At any moment, you can terminate your ThoughtfulGPT Paid Account. Refunds are only given when legally mandated. For instance, individuals from the European Union can annul their Paid Account subscriptions within 14 days of establishing, upgrading or restoring a Paid Account by reaching out to support@thoughtfulgpt.com to provide notification.

Downgrades

Your Paid Account will remain active until it is ended or terminated in compliance with these Terms. Team/Admin managers on ThoughtfulGPT Teams (or higher) plans have the ability to downgrade your account at any given time. If payment for the Paid Account is not received on time, we reserve the right to suspend it or eliminate Paid Account features.

Changes

At renewal, the fees for your subscription may need to be adjusted due to alterations in our product offerings, our business, or economic conditions. We will provide at least 30 days' notice of these changes via an email to the address connected with your account and you will get the opportunity to end your subscription before the new fee takes effect.

ThoughtfulGPT Professional Teams

Email address. If you register for a ThoughtfulGPT account with an email address issued by your organization, they may restrict your ability to utilize ThoughtfulGPT until you transition to a ThoughtfulGPT Professional Team account or attach your ThoughtfulGPT account to a personal email address. Using ThoughtfulGPT Professional Teams. Once you become a member of a ThoughtfulGPT Professional Team, you must follow your organization's rules and regulations. It is important to keep in mind that your ThoughtfulGPT Professional Team account is subject to oversight from your administrators. They may have the authority to look into, divulge, restrict, or delete your information from your ThoughtfulGPT Professional Team account. They also can block or end your access to the account. If you move an existing ThoughtfulGPT account into a ThoughtfulGPT Professional Team, your administrators can stop you from detaching the account from the team.

Termination

At any point, you are free to discontinue using our Services. In the event that you breach these Terms, put other users at risk of harm or loss, or have not accessed our Services for 12 consecutive months without a Paid Account, we reserve the right to suspend or terminate your access. We will alert you via email to the address associated with your account and give you a chance to export Your Stuff from our Services. Failure to comply with our requests within the allocated period of time may result in the suspension or termination of access to the Services. We will not provide prior notice or the opportunity to export Your Stuff if you are in major violation of these Terms, if it would create legal liability for us, or if prohibited by law.

Discontinuation of Services

In the event of an exceptional, unforeseen circumstance, an event outside of ThoughtfulGPT's control (such as a natural disaster, fire, or explosion), or a legal requirement, ThoughtfulGPT may decide to discontinue the Services. If this occurs, adequate notice will be provided to allow for the exporting of Your Stuff from our systems (no less than 30 days' notice will be given whenever possible). If the Services are discontinued before the end of any fixed or minimum term for which fees have been paid, a refund will be issued for the portion of the fees not yet used for Services.

Services “AS IS”

We aim to offer excellent Services, however, there are certain aspects that we cannot guarantee. ThoughtfulGPT and its affiliates, suppliers, and distributors expressly disclaim any and all warranties, whether express or implied, related to the Services. The Services are provided "as is," and no warranties concerning their quality, usefulness, or fitness for any particular purpose are made. No warranties of non-infringement are provided. It is possible that certain jurisdictions do not permit the disclaimers in this paragraph, so they might not be applicable to you. In any case, these disclaimers will not supersede the legal protections, including statutory warranties, that are granted to consumers in accordance with EU law.

Limitation of Liability

We will not limit or exclude our liability to you in any way that is considered illegal, which includes any liability for ThoughtfulGPT's or its affiliates' fraud or fraudulent misrepresentation in providing the services. In countries where such exclusions are not permitted, we are only responsible to you for losses or damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph does not override any consumer rights that cannot be waived or limited by contract or agreement. If you are an EU or UK consumer, these terms do not exclude ThoughtfulGPT's liability for losses or damages that are a result of our failure to use reasonable care and skill in providing the services or our breach of our contract with you, as long as those losses or damages are reasonably foreseeable.

In jurisdictions where limitations or exclusions of liability are permitted, ThoughtfulGPT, its affiliates, suppliers, or distributors shall not be held responsible for any indirect, special, incidental, punitive, exemplary, or consequential damages, or any loss of use, data, business, or profits, regardless of the legal theory. These restrictions or limitations shall remain in effect regardless of whether or not ThoughtfulGPT or any of its affiliates have been notified of the possibility of such damages.

If you use the services for any commercial, business, or resale purpose, ThoughtfulGPT, its affiliates, suppliers, or distributors will not be liable to you for any resulting losses of profits, business interruptions, or missed business opportunities. Furthermore, ThoughtfulGPT and its affiliates are not responsible for the behavior of any user of the services, whether online or offline.

We cannot limit certain types of liability as described in this section, however, the most we can do for you is either $20 USD or 100% of any amount you have already paid for your current ThoughtfulGPT service plan. This does not apply to EU consumers where prohibited by law.

Resolving Disputes

Before taking any formal legal action against ThoughtfulGPT, we would like to try to work together to sort out the issue without having to go to court. To do so, please send us a Notice of Dispute at legal@ThoughtfulGPT.com which includes your name, a detailed account of what is causing the dispute, and the desired resolution. We will make an effort to reach a resolution via email in the next 60 days. If no agreement can be made in this time frame, either party may pursue a formal proceeding.

A court platform for resolving conflicts. You and ThoughtfulGPT agree that any legal action to address claims regarding these Terms or the Services must be brought in the federal or state courts of Santa Clara County, California, except as subject to the mandatory arbitration provisions below. Both parties agree to the jurisdiction of such courts. If the laws of your country (for instance, a member state of the European Union) entitle you to bring disputes to your local courts, this paragraph will not negate those requirements.

If you are a resident of the United States, you are obligated to accept the mandatory arbitration provisions outlined below: We Both Agree to Arbitrate.You and ThoughtfulGPT agree to settle any claims connected to these Terms or the Services through final and binding arbitration by a solitary arbitrator, with the exception of as indicated under the “Exceptions to Agreement to Arbitrate” below. This incorporates debates emerging out of or identifying with the elucidation or application of this “Mandatory Arbitration Provisions” section, including its range, enforceability, revocability, or legitimacy. The arbitrator may award relief exclusively independently and just to the degree important to address your individual claim(s); the arbitrator may not award relief on behalf of other people or the overall population. Opt out of Agreement to Arbitrate. You have the option to opt-out of this arbitration agreement by sending an email to legal@thoughtfulgpt.com and submitting the required form within 30 days of signing up for your account or agreeing to these Terms.

Arbitration Procedures.

The American Arbitration Association (AAA) will manage the arbitration process in accordance with its Consumer Arbitration Rules. Information on the AAA’s rules and filing instructions can be found at www.adr.org or by contacting 1-800-778-7879. The arbitration will be conducted in the same county as the individual’s place of residence or work, Santa Clara (CA), or any other mutually agreed upon location.

Arbitration Fees and Incentives

The AAA regulations will determine the payment of all arbitration fees. For individual arbitration of valid claims not exceeding $75,000, for which ThoughtfulGPT was provided with a timely Notice of Dispute, ThoughtfulGPT will cover the filing fees at the end of the arbitration and pay any other arbitration fees. For all other claims, the costs and fees will be distributed according to the arbitration provider's procedures, including those concerning frivolous or improper claims. If the award given by the arbitrator is more favorable than any offer made by ThoughtfulGPT to settle the dispute, an additional $1,000 will be paid to the claimant. Unless the arbitrator decides the claim is frivolous or submitted with an ulterior motive, ThoughtfulGPT will not seek its attorneys' fees or costs in arbitration.

No class or representative actions.

It is not permissible to resolve disputes with us through a class, consolidated, or representative action. Any individual disputes must be settled through arbitration, and class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are prohibited.

Exceptions to Agreement to Arbitrate

You and ThoughtfulGPT both have the option to bring a claim in small claims court in Santa Clara (CA) or any United States county in which you reside or work. Additionally, either of you may initiate a lawsuit to prevent unauthorized use or abuse of the Services, or infringement of intellectual property rights (e.g. trademark, trade secret, copyright, or patent rights) without the need to go through arbitration or the informal dispute-resolution process detailed above. If it is determined that the agreement to arbitrate does not apply to you or your claim, then you agree to the exclusive jurisdiction of the state and federal courts in Santa Clara County, California to handle your claim.

Severability

In the event that any part of this “Mandatory Arbitration Provisions” section is found to be illegal or unenforceable, the rest of the section will still stand. However, if the illegality or unenforceability of this section would allow for class or representative arbitration, the whole “Mandatory Arbitration Provisions” section will be invalid. If it is determined that you are entitled to bring a claim or request a particular form of relief that the arbitrator cannot provide or award according to this “Mandatory Arbitration Provisions” section, such as public injunctive relief, then that claim or request must be brought to court. Both you and we agree that any litigation of such claims or requests must be put on hold until any individual claim(s) or request(s) for relief has been settled in arbitration.

Controlling Law

These Terms will be governed by California law, with the exception of any conflicts of laws principles. Nevertheless, certain jurisdictions (e.g., those in the European Union) have laws that necessitate agreements to be governed by the local laws of the consumer's country, and this paragraph does not supersede those laws.

Entire Agreement

These Terms are the sole agreement between ThoughtfulGPT and you in regards to the subject matter of these Terms, superseding and replacing any past or current agreements or terms and conditions related to the subject matter of these Terms. Should any of our affiliates or agents become involved in a dispute with you, they are allowed to invoke our rights under this agreement. Except for that, these Terms do not grant any rights to third parties.

Waiver, Severability & Assignment

ThoughtfulGPT will not relinquish its right to enforce a provision, even if it has failed to do so before. Should any provision be deemed unenforceable, the other provisions of the Terms shall still remain valid and an enforceable term will be substituted that reflects the original intent as closely as possible. It is not permitted to assign any of the rights under these Terms, and any such attempt will be rendered invalid. ThoughtfulGPT reserves the right to assign its rights to any of its affiliates, subsidiaries, or to any successor in interest of any business related to the Services.

Modifications

We may occasionally modify these Terms to better accommodate: changes in legal standards, new government regulations, or revisions or additions to our Services. If any updating affects your use of the Services or your legal rights as a user, we will contact you beforehand via email or in-product notification. These changes will be enforced no earlier than 30 days after we contact you. If you disagree with the updates, please end your account and discontinue using the Services before the new Terms take effect. Should the situation apply, we will offer you a refund based on the amount paid and the date of cancellation. By continuing to access or use the Services after the updates are effective, you are agreeing to be bound by the revised Terms.