Terms & Conditions

These Terms and Conditions (the “Terms”) constitute a legal agreement between you and GPTconnect.ai of Middletown Delaware, USA (“GPTconnect.ai”, “we”, “us” or “our”) governing the use of GPTconnect.ai (“our Services”). We license use of our Services to you on the basis of these Terms. We do not sell our Services to you, and we remain the owner of our Services at all times.

1. TERMS OF USE
   • The provisions set out in these Terms govern your access to and your use of our Services and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Services.
   • Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive, and non-transferable license to use our Services on these Terms.
   • By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Services, you agree and acknowledge that:
     • you have read the terms set out in these Terms and agree to be bound by and comply with them; and
     • you shall ensure that all Users of your Account abide by these Terms.
   • You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorized to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
   • We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Services or your Account at any time, or remove or edit content (including content submitted by you) on our Services or on any of our affiliated websites (including social media pages).
   • We reserve the right to change, modify, suspend, or discontinue any portion of the Services or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
   • Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Services or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
   • The following additional terms also apply to your use of our Services and form part of these Terms:
     • Our Privacy Policy
     • Our Cookie Policy
     • Our Data Processing Agreement.

1. SUBSCRIPTION
   • We provide both free (“Business”) and paid plans (e.g., “Premium”, and “Professional”) plan Services. Free plan and paid services are provided on per account basis.
   • All charges for the paid services (“Fees”) are posted on the Website, or otherwise set forth in writing between us. You agree to pay for paid services according to these Terms.
   • If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our Services. By purchasing the recurring subscription, you authorise us or our related corporations to automatically charge the Fees:
     • upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
     • on the renewal date of the subscription period thereafter, without any further action by you.
   • Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our Services or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our Services or any of the Services.
   • Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
   • You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
   • All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
   • We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
   • Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription to our Services, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.

1. UPLOADING CONTENT TO OUR SERVICES
   • You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Services complies with our Privacy Policies, Data Processing Agreement, the General Data Protection Regulation (“GDPR”) and any other applicable laws.
   • You are fully responsible for your content uploaded to our Services. We will not be responsible, or liable to any third party, for:
     • the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Services; or
     • the loss of any content or data provided to us by you. You should keep a record of all such content and data.
   • We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
   • We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymized and used only for the purposes of improving the Services and our response to users of the Services.
   • We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Services constitutes a violation of their rights under applicable law.

1. INTELLECTUAL PROPERTY RIGHTS
   • You acknowledge that all intellectual property rights in our Services anywhere in the world belong to us, that rights in our Services are licensed (not sold) to you, and that you have no rights in, or to, our Services other than the right to use them in accordance with these Terms.
   • Any intellectual property rights in content uploaded by you to our Services shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Services.
   • You acknowledge that you have no right to have access to our Services in source code form.
   • Our status (and that of any identified contributors) as the authors of content on our Services must always be acknowledged.

1. WARRANTIES
   
   • While we make all efforts to maintain the accuracy of the information on our Services, we provide the Services and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
   • To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

1. MONEY BACK GUARANTEE
   • The time limit for our 30 DAYS MONEY BACK Guarantee starts when you place the order for one of our Plans.
   • If you for any reason within 30 days of your purchase decide, our Services are not for you, just contact us and we will refund you on the spot. No questions asked.
   • Refunds will only be made to the original payment method used.
   • For further details please see contact us.

1. LIMITATION OF LIABILITY
   • We are not liable for the completeness, accuracy or correctness of any information uploaded on our Services and any Related Content. You expressly agree that your use of the Services, is at your sole risk.
   • You agree not to use the Services and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services or any other website or software) for:
     • loss of profits, sales, business, or revenue;
     • business interruption;
     • loss of anticipated savings;
     • loss or corruption of data or information;
     • loss of business opportunity, goodwill or reputation; or
     • any other indirect or consequential loss or damage.
   • Nothing in these Terms shall limit or exclude our liability for:
     • death or personal injury resulting from our negligence;
     • fraud; and/or
     • any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
   • Our Services is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
   • These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

1. INDEMNITY

You agree to indemnify and hold us, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms (including our Privacy Policy, Data Processing Addendum or Cookie Policy) or any laws or regulations or otherwise.

1. OTHER IMPORTANT TERMS
   • We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
   • You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
   • No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
   • These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
   • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
   • Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
   • These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of the state of Texas. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Middletown Delaware.

Privacy Policy

We appreciate your interest in our Privacy Policy. GPTconnect.ai takes the protection of your data very seriously. In this Policy you can find out what data GPTconnect.ai collects when you use our website and services and how it is used.

This Privacy Policy applies to www.gptconnect.ai (our “website”) operated by GPTconnect.aiLtd of Middletown Delaware, USA (“GPTconnect.ai”, “us” or “we”) acting as the data controller. If you have any questions, you can reach us using hello@GPTconnect.io, or call us on +1 (737) 3776191.

We would like to ask you to read this policy along with our Cookie Policy and if you are a user of our services, please also refer to our Data Processing Agreement.

General Information:

1. What law applies?

We recognize the current lack of privacy legislation in Texas and have as such voluntarily adopted the current gold standards deriving from the EU. As such the provision of information about our use of your Personal Data is required and set out in the General Data Protection Regulation (“GDPR”). Whilst it is expected that current legislative uncertainty is to be resolved in due course, we would like to ask you to regularly check this policy for any changes.

1. What is Personal Data?

Personal Data is any information relating to personal or material circumstances that relates to an identified or identifiable individual. This includes, for example, your name, date of birth, e-mail address, postal address, or telephone number as well as online identifiers such as your IP address. In contrast, information of a general nature that cannot be used to determine your identity is not Personal Data. This includes, for example, the number of users of a website.

1. What is Special Category Data?

Special category data is Personal Data that needs more protection because it is sensitive. This includes Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data. As well as, data concerning health, a person’s sex life; and a person’s sexual orientation. In order to lawfully process Special Category Data, it is necessary to explicitly consent to the processing.

1. What is processing?

“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and covers virtually any handling of data.

1. What are the legal bases of processing?

In accordance with the GDPR, we have to have at least one of the following legal bases to process your Personal Data:

• you have given your consent,
• the data is necessary for the fulfillment of a contract / pre-contractual measures,
• the data is necessary for the fulfillment of a legal obligation or
• the data is necessary to protect our legitimate interests, provided that your interests are not overridden.

Data we collect automatically

1. Log data

Each time you visit our website, our system automatically records the following data from the visiting device and stores it in a so-called log file: i) Name of the retrieved file, ii) date and time of the visit, iii) amount of data transferred, iv) message about successful retrieval, type of browser and version used, v) IP address (identification of the user’s device), vi) Operating system of the visiting device, vii) Internet service provider of the visiting device, viii) website from which you access our website, and ix) which of our website pages you are accessing. The legal basis for processing is our legitimate interest.

1. Content Delivery Network

We use a Content Delivery Network (CDN) to distribute our online content. Our CDN is a network of regionally distributed servers of our technical service providers connected via the Internet. When our website is visited, your device`s browser transmits information to these service providers, which is collected in corresponding server log files. Server log files are generally anonymized and then transmitted without any personal reference. Server log files include, in particular, i) details of the browser and operating system used, ii) the previously visited pages (so-called referral URL), iii) the IP address of the device used, iv) the name of the Internet provider, as well as v) the date, time of all page views including the amount of data transmitted. The legal basis for processing is our legitimate interest.

1. Cookies

We use so-called cookies on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. Cookies may be small files or other types of information storage. There are different types of cookies: i) Essential Cookies. Essential cookies are cookies to provide a correct and user-friendly website; and ii) Non-essential Cookies. Non-essential Cookies are any cookies that do not fall within the definition of essential cookies, such as cookies used to analyze your behavior on a website (“analytical” cookies) or cookies used to display advertisements to you (“advertising” cookies).

As set out in the Privacy and Electronic Communications Directive (“PECD”), we need to obtain consent for the use of Non-essential Cookies. For further information on the Cookies we use, please refer to our Cookie Policy. The legal basis for processing is our legitimate interest and your consent.

1. Hosting

To provide our website, we use the services of SiteGround Hosting, who process all data to be processed in connection with the operation of our website on our behalf. The legal basis for the data processing is our legitimate interest in providing our website.

Data we collect directly

1. Contacting us

In addition to your name, company name, and e-mail address, IP address or telephone number, if provided, we usually collect the context of your message which may also include certain Personal Data. The Personal Data collected when contacting us is to handle your request and the legal basis is both your consent and contract.

We are present on social media on the basis of our legitimate interest (Facebook, LinkedIn, YouTube and Instagram). If you contact or connect with us via social media platforms, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contractual service, if any.

1. Account Registration

If you register on our website, we will request mandatory and, where applicable, non-mandatory data in accordance with our registration form. The entry of your data is encrypted so that third parties cannot read your data when it is entered. The basis for this storage is our legitimate interest in communicating with registered users and, in the case of contracts, also the storage of contract data.

1. When using our services

When using our services, you become the data controller and we become the data processor in accordance with Chapter 4 of the GDPR. Where we process your Personal Data as data processor or in other words on behalf of you, we will process the Personal Data involved in your use of our chat services in accordance with your instructions and shall use it only for the purposes agreed between you and us. For further information please refer to our Data Processing Agreement.

We process the Personal Data involved in your use of our chat services in order to be able to provide our contractual services as well as to ensure the security of our services and to be able to develop it further. This includes in particular our support, correspondence with you, invoicing, fulfillment of our contractual, accounting and tax obligations. Accordingly, the data is processed on the basis of fulfilling our contractual obligations as well as to fulfill our legal obligations.

We ensure that access by our employees to your data is only available on a need-to-know basis, restricted to specific individuals, and is logged and audited. We communicate our privacy and security guidelines to our employees and enforce privacy and protection safeguards strictly.

1. Support Tickets

Support Tickets may include your name, address, e-mail address of course the ticket subject and your message. We process and store the Personal Data provided in the support ticket solely for the purpose of processing and responding to your support request. The legal basis for the processing of your Personal Data is the provision of a contractual obligation.

1. Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.

1. Online Payments

If you pay through our website your payment data will be processed via our payment service provider. Payment data will solely be processed through our payment service provider, and we have no access to any Payment Data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the user contract for the use of the service.

1. Service Notifications

By using our services, you are giving your consent to receiving notifications and messages per email. Those typically include general, profile and content information in relation to your use of our Services. Our system notifications are designed to enhance your experience. You can of course opt out from receiving notifications by following the unsubscribe instructions at the bottom of every notification e-mail sent. The legal bases are to provide you with our services and your consent as well as our legitimate interest.

1. Marketing

We are entitled to contact you for these purposes via the communication channels you have given your consent to. Our direct marketing typically takes the form of e-mail but may also include other less traditional or emerging channels including social media (See our Cookie Policy for further details). These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent or made by us or on our behalf will also include a means by which you may unsubscribe or opt out.

Data processing through integration of third-party services and content

We use content or service offers of third-party providers on the basis of our legitimate interests in order to integrate their content and services (“content”).

This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content.

The following provides an overview of third-party providers and their content, together with links to their privacy policies, which contain further information on the processing of data and so-called opt-out measures, if any:

 

• Notifications and Mailings: Mailchimp by Intuit Inc,
• Tag Management: Google Tag Manager and Google Site Tag by Google LLC,
• Fonts: Google Font API by Google LLC and Font Awesome by Fonticons Inc,
• Spam protection: reCAPTCHA by Google LLC,
• Forms: Contact Form 7 by Takayuki Miyoshi,
• eCommerce system: WooCommerce by Automattic Inc.

Principles of processing Personal Data

1. Storage and Retention

At the time of data collection, for example in the context of a contractual relationship we process and store Personal Data from you. We process and store your Personal Data only to achieve the respective processing purpose or for as long as a legal retention period exists. Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.

1. Security

Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us. We have also implemented numerous security measures (“technical and organizational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Data processed through this website.

Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.

1. Special Category Data

Unless specifically required when using our services and explicit consent is obtained for that service, we do not process special category data.

1. Minors

We do not request Personal Data from minors and children and do not knowingly collect such data or pass it on to third parties.

1. Automated decision-making

Automated decision-making is the process of making a decision by automated means without any human involvement. Automated decision-making including profiling does not take place.

1. Do Not Sell

We do not sell your Personal Data.

1. Sharing and Disclosure

We will not disclose or otherwise distribute your Personal Data to third parties unless this is i) necessary for the performance of our services including our fulfillment partners and overseas shipping forwards and , ii) you have consented to the disclosure, iii) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or other legal proceedings; or proceedings at home or abroad or to fulfill our legitimate interests.

1. International Transfer

We may transfer your Personal Data to other companies and/or staff members as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.

Your Rights and Privileges

1. Privacy rights

Under the GDPR, you can exercise the following rights:

• Right to information
• Right to rectification
• Right to object to processing
• Right to deletion
• Right to data portability
• Right of objection
• Right to withdraw consent
• Right to complain to a supervisory authority
• Right not to be subject to a decision based solely on automated processing.

If you have any questions about the nature of the Personal Data we hold about you, or if you wish to exercise any of your rights, please contact us.

1. Updating your information

If you believe that the information, we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us.

1. Withdrawing your consent

You can revoke consents you have given at any time by contacting us. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

1. Access Request

In the event that you wish to make a Data Subject Access Request, you may inform us in writing of the same. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.

1. Complaint to a supervisory authority

You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection.

Validity and questions

This Privacy Policy was last updated on Thursday, April 6, 2023, and is the current and valid version. However, we want to point out that from time to time due to actual or legal changes a revision to this policy may be necessary. If you have any data protection questions, please feel free to contact us.

Cookie Policay

This Cookie Policy applies to www.gptconnect.ai (“our website”) operated by GPTconnect.ai of Middletown Delaware, USA (“GPTconnect.ai”, “we”, “us” or “our”) acting as the data controller.

This Policy sits in line with the Privacy and Electronic Communications Directive (“PECD”). If you have any questions about Cookies or about data protection in general, you can reach us using hello@gptconnect.ai, or call us on +1 (737) 3776191.

What cookies are?

On this website we use so-called “cookies”. Cookies are small text files that are stored in the memory of your device via your browser. Cookies store certain information (e.g., your preferred language or page settings) which can be sent back to us by your browser when you visit the website again (depending on the lifetime of the cookie).

Which cookies we use?

We distinguish between two categories of cookies:

Essential or Necessary cookies. These cookies are essential or necessary to ensure that a website works properly and is secure so that you can navigate a website and use its features. Without these cookies, certain features of a website would not function, and thus you would not be able to use certain services.

Optional Cookies. These cookies are non-essential for the website to function and require your consent. When it comes to optional cookies the following distinctions are made:

• Functional cookies or sometimes called convenience cookies. These cookies allow a website to remember the options a user has made (including user ID`s stored, consents given, or languages selected) and other personalization options you have selected when browsing.
• Analysis and performance cookies, which are used to monitor and improve the function and service of a website. Those can track down problems when using a website, facilitate online surveys, record visitor numbers, and provide analytics metrics.
• Advertising cookies or targeting cookies. They are used to deliver customized advertising to the user. This can be very convenient, but also very irritating.

The PECD, require us to ask for your consent when using specific cookies (in particular any cookie that is not strictly necessary for the operation of the website, for example, Functional cookies, Analysis and performance cookies and Advertising cookies or targeting cookies “Optional Cookies”).

Further and as the General Data Protection Regulation (“GDPR”) also require a legal basis for the use of personal data in relation to cookies, the use of cookies would then be your consent as well as our legitimate interest.

However, as we think it is important that you should have full control over your privacy online, we refrained from placing Optional Cookies on our website and as such we are not required to obtain any consents. Nonetheless, this may change, and we ask you to regularly check this policy for any updates.

Changes and Updates

We may update our Cookie Policy from time to time. This might be for a number of reasons, such as to reflect a change in the law or to accommodate a change in our business practices and the way we use cookies. We recommend that you check here periodically for any changes to our Cookie Policy.

Validity and questions

This Cookie Policy was last updated on Thursday, April 6, 2023, and is the current and valid version. However, we want to point out that from time to time due to actual or legal changes a revision to this policy may be necessary. If you have any data protection questions, please feel free to contact us.