ChatGPT-3 Discord Bot Terms Of Service

1.    Introduction: These terms of service (the "Terms") govern the use of the ChatGPT-3 Discord bot ("Bot"). By using the Bot, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Bot. The company of the Bot, Loomsurge LLC, will hereby be referred to as ("LS"). Anyone who is agreeance with these Terms and have any usage of the Bot will herby be referred to as (“User”) or (“You”).

2.    Use of the Bot: The Bot is intended for use on the Discord platform. You agree to use the Bot in compliance with all applicable laws and regulations and with the rules of the Discord platform. By using this Bot, you confirm that you are 18 years of age or older. Any individuals under the age of 18 are strictly prohibited from using this Bot and will have their Discord ID be banned from using the Bot, as well as be immediately banned from our Discord server, if found to be in violation of this rule.

3.    Proprietary Rights: The Bot is owned by LS and is protected by intellectual property laws. You agree not to reproduce, duplicate, copy, sell, trade, or resell the Bot for any purpose.

4.    Disclaimer of Warranties: The Bot is provided on an "AS IS" basis. LS makes no representations or warranties of any kind, express or implied, as to the operation of the Bot or the information, content, materials, or products included on the Bot.

5.    Limitation of Liability: LS will not be liable for any damages of any kind arising from the use of the Bot, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

6.    Changes to the Terms: LS reserves the right to make changes to these Terms at any time. Your continued use of the Bot following any changes to these Terms will indicate your acceptance of such changes.

7.    Governing Law: These Terms and your use of the Bot will be governed by and construed in accordance with the laws of the State of Michigan, USA, without giving effect to any principles of conflicts of law.

8.    Contact Information: If you have any questions about these Terms or the Bot, please contact LS at contact@loomsurge.com

9.    Bot Features and Limitations: The Bot uses advanced natural language processing technology to generate responses to user inputs. However, the Bot's responses are generated by a machine and may not always be accurate, appropriate, or complete. You understand and agree that you use the Bot at your own risk and that LS is not responsible for any errors or inaccuracies in the Bot's responses.

10. Indemnification: You agree to indemnify and hold harmless LS and its affiliates, directors, officers, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from or related to your use of the Bot or breach of these Terms.

11. Termination: LS reserves the right to terminate or suspend your access to the Bot at any time and for any reason, without notice or liability. Upon termination of these Terms, your right to use the Bot will immediately cease.

12. Entire Agreement: These Terms constitute the entire agreement between you and LS regarding the use of the Bot and supersede all prior agreements, understandings, and arrangements between you and LS.

13. Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.

14. Bot Availability: LS may, at any time, modify, discontinue, temporarily or permanently, all or a part of the Bot without notice. You agree that LS shall not be liable to you or any third party for any modification, suspension or discontinuance of the Bot.

15. User Content: Any text or information that you input into the Bot or any messages sent through the Bot will be considered "User Content". You are solely responsible for the User Content you submit, and you represent and warrant that you have all rights necessary to submit the User Content. LS does not claim any ownership of the User Content and will not be liable for any User Content, including any errors or omissions in the User Content.

16. User Content Restrictions: You agree not to submit any User Content that is illegal, hateful, racist, discriminatory, obscene, or otherwise offensive. LS reserves the right to remove any User Content that it deems to be in violation of these restrictions.

17. Bot Restrictions: The Bot will not process requests submitted by the User that are explicit.  Examples of explicit requests include topics that contain any content that is sexual, pornographic, racist, gore, graphic or offensive. Requests deemed by LS to contain explicit discussion of “Not Safe For Work” topics will also be blocked. LS determines what is considered “Not Safe For Work” internally. LS has the right to modify the content of what LS deems explicit or “Not Safe For Work” at any point. Repeated attempts to submit requests to the Bot that do not follow these guidelines will result in a permeant ban of your Discord account from using the Bot. If you feel like the ban was not justified, you can join the Bot discord Support server and explain your situation and request that your Discord ID be reinstated as an active User. This does not guarantee your reinstatement request will be granted. Requests submitted by the User to the Bot will only be in the English Language. Any requests made to the Bot outside of the English language can result in your Discord account being banned from using the Bot. LS is not liable for any User requests made outside of the English language to the Bot.

18. Terms Of Service Extension: The agreeance of these Terms includes the User agreeing to LS’s service policy found here.

19. Privacy Policy: By using the Bot, you agree to LS's privacy policies  (https://chatgpt.moe/legal/privacy/) and (https://loomsurge.com/privacy-policy) which governs the collection and use of your information.

20. OpenAI Privacy Policy: By using the Bot, you agree to OpenAI's privacy policy (https://openai.com/privacy) which governs the collection and use of your information.

21. Contact: For any question, inquiries or complains regarding the bot, or these terms and conditions, please contact LS by email at support@loomsurge.com.

22. Changes to the TOS: LS has the right to change or update the terms of service at any time and without prior notice, the most recent version will supersede any previous version.

23. User Conduct: You agree to use the Bot in a responsible and lawful manner, and to not use the Bot for any illegal, fraudulent or malicious activities. You also agree not to use the Bot in a way that may cause any harm or damage to LS, its affiliates, the Bot or any third party.

24. Commercial Use Restrictions: The Bot is intended for personal use only. You may not use the Bot for commercial purposes, unless you have received prior written permission from LS. Any unauthorized commercial use of the Bot may result in termination of your access to the Bot and legal action.

25. Technical Support: LS is not obliged to provide any technical support or maintenance for the Bot, but you may contact LS for assistance if you encounter any issues with the Bot.

26. Third-Party links: The Bot may include or provide links to third-party websites or services. LS does not control or endorse any such third-party sites or services, and you agree that LS will not be responsible or liable for any loss or damage caused by your use of or reliance on such third-party sites or services.

27. Security Measures: You acknowledge that the bot is a complex software and that there may be certain security vulnerabilities associated with it. You agree to report to LS any bugs or vulnerabilities that you discover.

28. Acceptance: By using the Bot, you represent and warrant that you have read and understand these terms of service and that you agree to be bound by all of its terms and conditions.

29. Compliance: You are solely responsible for compliance with any laws, rules, regulations or agreements that may apply to your use of the Bot.

30. Children: The Bot is intended for general audiences and is not directed to children under the age of 18. If you are under the age of 18, you are not allowed to use the Bot.

31. Dispute Resolution: Any dispute arising out of or in connection with these terms of service or the use of the Bot shall be resolved by binding arbitration in accordance with the JAMS Comprehensive Arbitration Rules & Procedures.

32. Waiver and Severability: The failure of LS to enforce any right or provision in these terms of service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LS in writing.

33. Language: This TOS is written in English and that's the official version, any translated version is provided for your convenience.

34. Conclusion: These terms of service, as well as any documents referred to in these terms of service, constitute the entire agreement between you and LS regarding the use of the Bot and supersede all prior agreements, understandings, and arrangements between you and LS.

35. Feedback: If you choose to provide feedback, suggestions, or ideas about the Bot ("Feedback"), you agree that LS may use and share your Feedback for any purpose without any obligation to you. You also agree that LS has no obligation to keep your Feedback confidential.

36. Publicity: You agree that LS may use your name, logo or any other identifying information in connection with the Bot, and any press release, announcement, marketing material or customer list that includes information about you as a user of the Bot.

37. Reservation of rights: LS reserves all rights not expressly granted to you under these terms of service.

38. Jurisdiction: These terms of service are governed by the laws of Michigan, USA, without giving effect to any conflict of law principles.

39. Contact: For any questions, inquiries or complaints regarding the Bot, or these terms of service, please contact LS by email at contact@loomsurge.com

40. Force majeure: LS shall not be liable for any failure to perform any of its obligations under these terms of service if such failure is caused by a force majeure event.

41. Notice: LS may provide notices, including those regarding changes to these terms of service, by email, regular mail, or postings on the Bot.

42. Licensing: The Bot is licensed to you under the terms of service and any additional terms that may apply to the specific features or functionality of the Bot.

43. Non-circumvention: You agree not to circumvent any limitations or restrictions on the use of the Bot or any part thereof.

44. Modification to the Bot: LS reserves the right to make changes, modifications, updates or upgrades to the Bot at any time without notice.

45. Compliance with Export Control Laws: You agree to comply with all applicable export control laws, regulations and rules, and will not transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws, to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization.

46. Attributions: The Bot may include third-party software, open-source software, or other content that is subject to separate terms and conditions. You agree to comply with all applicable terms and conditions of any third-party software, open-source software, or other content that is included in the Bot.

47. Survival: These terms of service will remain in full force and effect even after termination or expiration of these terms of service.

48. Acknowledgement: By using the Bot, you acknowledge that you have read, understand, and agree to be bound by these terms of service.

49. Intellectual property: The Bot and its content, features, and functionality, including but not limited to text, graphics, logos, images, software, and other material contained in the Bot, are protected by intellectual property laws and are the property of LS or its licensors. You are not allowed to use the Bot for commercial purposes without written permission from LS.

50. Compliance with Local Law: The Bot is intended for use in the United States and you shall use the Bot in accordance with all applicable local, state, national, and international laws, rules, and regulations.

51. Legal Compliance: You will not use the Bot for any illegal, fraudulent or malicious activities. You also agree not to use the Bot in a way that may cause any harm or damage to LS, its affiliates, the Bot or any third party.

52. Miscellaneous: These terms of service will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. These terms of service shall be deemed severable, and the unenforceability of any one or more provisions shall not affect the enforceability of any other provisions. These terms of service constitute the entire agreement between you and LS with respect to the use of the Bot.

53. Terms update: LS reserves the right to update and make changes to these terms of service at any time. It is your responsibility to check this page periodically for updates. Your continued use of the Bot following any changes to these terms of service will indicate your acceptance of such changes.

54. Compliance with Discord rules: You agree to use the Bot in compliance with all applicable laws and regulations and with the rules of the Discord platform.

55. Proprietary rights: The Bot is owned by LS and is protected by intellectual property laws. You agree not to reproduce, duplicate, copy, sell, trade, or resell the Bot for any purpose.

56. Compliance with LS policies: You agree to comply with all LS policies, guidelines and agreements applicable to the use of the Bot and the services provided by LS. Agreements may include the following documents: (https://loomsurge.com/copyright-dispute-policy, https://loomsurge.com/cookies, https://www.loomsurge.com/privacy-policy, https://loomsurge.com/terms-of-service, https://www.loomsurge.com/gdpr)

57. Compliance with OpenAI policies: You agree to comply with all OpenAI policies, guidelines and agreements applicable to the use of the Bot and the services provided by OpenAI (https://openai.com/ and https://beta.openai.com/docs/)

58. No Warranties: The Bot is provided on an "AS IS" basis. LS makes no representations or warranties of any kind, express or implied, as to the operation of the Bot or the information, content, materials, or products included on the Bot.

59. No liability: LS will not be liable for any damages of any kind arising from the use of the Bot, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

60. No Guarantees: LS makes no guarantee or promises that the Bot will be available at all times, or that it will be free from errors or bugs. You understand and agree that you use the Bot at your own risk and that LS is not responsible for any errors or inaccuracies in the Bot's responses.

61. Compliance with OpenAI's API Terms of Service : The Bot utilizes OpenAI's API, you must comply with OpenAI's API Terms of Service (https://beta.openai.com/docs/usage-policies) and (https://openai.com/terms/) in addition to these terms of service.

62. Compliance with Licenses: If the Bot utilizes any open-source or third-party software, then you must comply with any licenses that apply to that software.

63. Compliance with Data Protection Laws: If the Bot processes any personal data of users, then you must comply with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

64. No Professional Advice: The Bot is not a substitute for professional advice, and should not be relied upon as such. You should always consult a qualified professional before making any decisions or taking any action based on information provided by the Bot.

65. Feedback and Improvement: We appreciate your feedback or suggestions regarding the Bot, however, we may not be able to respond to all feedback individually, but we will use all feedback to improve the Bot.

66. Compliance with all laws: You agree that you will use the Bot only as permitted by law, and in a manner that does not violate the rights of LS or any third party.

67. Compliance with the LS's Branding and Promotion Guidelines: If you wish to promote or mention the Bot, or use LS's branding and logos in connection with the Bot, you must comply with LS 's Branding and Promotion Guidelines.

68. Indemnification for Third-Party Claims: You agree to indemnify and hold LS, its affiliates, directors, officers, employees, and agents harmless from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with any third-party claim arising out of or in connection with your use of the Bot, your breach of these terms of service, or your violation of any law or the rights of any third party.

69. Compliance with OpenAI's Acceptable Use Policy : You must comply with OpenAI's Acceptable Use Policy (https://beta.openai.com/docs/usage-policies/use-case-policy) in addition to these terms of service and all requests submitted by the User to the Bot must also follow these policies.

70. Compliance with LS's Acceptable Use Policy: You must comply with LS 's Acceptable Use Policy (https://chatgpt.moe/legal/acceptable-use/) in addition to these terms of service.

71. No liability for Third-Party Services: LS is not responsible for the reliability or availability of any third-party services or platforms that you may use in connection with the Bot, such as the Discord platform.

72. No liability for Third-Party Content: LS is not responsible for the accuracy, completeness, or usefulness of any content or information provided by third parties in connection with the Bot.

73. Final Provisions: These terms of service are binding on you, your heirs, executors, administrators, and assigns. If you are using the Bot on behalf of an organization, then you are agreeing to these terms of service on behalf of that organization and representing to us that you have the authority to do so.

74. Compliance with Cybersecurity Measures: You acknowledge that the Bot is a complex software and that there may be certain cybersecurity vulnerabilities associated with it. You agree to report to LS any bugs or vulnerabilities that you discover and take appropriate security measures to protect the Bot from unauthorized access, use, or disclosure of user data.

75. Automatic Updates: If the Bot includes an automatic update feature, you acknowledge and agree that LS may automatically download and install updates for the Bot from time to time without further notice to you.

76. Additional terms for paid version: If you're using paid version of the Bot, there may be additional terms that apply to your use of the Bot, including but not limited to payment terms, service level agreements, and support terms.

77. No representation of any kind: LS makes no representation or guarantee of any kind, express or implied, with respect to the Bot, including, but not limited to, any warranty of merchantability or fitness for a particular purpose.

78. No Advice: LS provides the Bot on an "as is" and "as available" basis and LS will not provide any advice or recommendations to you of any kind.

79. Limitation of Liability for paid version: LS 's liability to you for any and all claims arising out of or in connection with your use of the Bot, whether in contract, tort, or otherwise, is limited to the fees paid by you for the use of the Bot, if any.

80. These terms of service are intended as a legally binding agreement between you and LS. You should read them carefully before using the Bot.

81. No representations or warranties: LS makes no representations or warranties of any kind, express or implied, as to the operation of the Bot or the information, content, materials, or products included on the Bot.

82. No liability for the accuracy of the information: LS does not guarantee the accuracy, completeness or usefulness of any information on the Bot and shall not be responsible for any errors or omissions, or for the results obtained from the use of such information.

83. No liability for the contents of the links: LS is not responsible for the contents of any third-party websites linked to the Bot. The inclusion of links does not imply that LS endorses the linked website.

84. Termination: LS has the right to terminate these terms of service and your access to the Bot at any time and for any reason, without notice or liability.

85. Acknowledgement: By using the Bot, you acknowledge that you have read, understand, and agree to be bound by these terms of service and any additional terms that may apply to the specific features or functionality of the Bot.

86. No resale of the Bot: You agree not to reproduce, duplicate, copy, sell, trade, or resell the Bot or any part thereof for any purpose, without written consent from LS

87. Governing Law: These terms of service and your use of the Bot shall be governed by and construed in accordance with the laws of the State of Michigan without giving effect to any principles of conflicts of law.