RioGPT Terms of Use

Effective Date: 31 March 2023

Acknowledgment

Welcome to RioGPT, an electronic service provided by GARVIK AI PRIVATE LIMITED (“Company”, “we”, “us” or “our”), a technology company specializing in data analytics, artificial intelligence and related products. Our goal is to make it convenient for people to access neural network models such as GPT35, Stable Diffusion, Whisper, and other AI models (the “Services”).

These terms of use (the “Terms”) apply to all users and others who access and use our mobile chatbot RioGPT: (“RioGPT”), and our website: Riogpt.com (the “Website”).

By Using RioGPT, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision in Section 15 do not Use RioGPT. Your continued use of RioGPT will confirm your acceptance of these Terms.

You are accepting and agreeing to these Terms on behalf of yourself or the entity that you represent in connection with the use of RioGPT. If you are using RioGPT on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person, or entity’s behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

BY USING RIOGPT, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE TERMS.If you have any questions about these Terms or RioGPT, please contact us via an email at support@garvik.ai. For additional contact information, please, see Section 21 of these Terms.

NOTE: RioGPT uses Neural Network Models such as GPT35, Stable Diffusion, Whisper, and other AI models (the ”Models”) that allow users to answer prompts and carry on tasks such as summarizing videos, generating images, transcribing voice notes etc. (the “Tasks”). In order to carry on the Tasks, users shall submit texts, images, audio recordings, or other information (the “Contents”).

How does it work?

• Users send messages to RioGPT via whatsapp.
• The messages can be questions, links, or audio files, and are sent for the purposes of prompting an AI model to perform a task.
• These tasks can be performed by a variety of third party AI models and services that we integrate with.
• After the AI services have completed their task, the results are shared back with the User. 
• We keep the user prompts on our servers for as long as they are necessary to give context to the Models and to allow them to perform the Tasks. This is for the benefit of the User experience.
• After the Tasks have been completed, all the prompts are deleted permanently from our servers.
• We do not use your Personal Information (as defined in our Privacy Policy) to generally train and/or create our separate artificial intelligence/products.

While interacting with the Models it is possible that you may encounter content that you may see as inappropriate for you. Please contact us at support@garvik.ai if you find any of the content to be offensive or inappropriate to you. We will promptly take the action and it will help us to train the algorithm better. Also, we expect and appreciate you observing the rules listed in Section 7 of these Terms.

1. Description Of Services

RioGPT is an electronic service that acts as a front-end interface between users and the Models allowing users to conveniently carry on several Tasks within the Whatsapp chat. RioGPT allows you to answer prompts and carry on tasks such as summarizing videos, generating images, transcribing voice notes etc. From time to time and without prior notice to you, we may change, expand, and improve RioGPT. We may also, at any time, cease to continue operating part or all of RioGPT or selectively disable certain features. Your use of RioGPT does not entitle you to the continued provision or availability of it. Any modification or elimination of RioGPT or any particular features will be done at our sole discretion.

2. Beta Services and Beta Use Limitations

This section governs your use of the Services or features that we offer on a research, alpha, preview, early access, or beta basis (“Beta Services”). Beta Services are offered “as-is” to allow testing and evaluation, and the Contents that you provide to Beta Services may be used to improve the services. We make no representations or warranties for Beta Services, including any warranty that Beta Services will be generally available, uninterrupted or error-free, or that Content will be secure or not lost or damaged. Except to the extent prohibited by law, the Company expressly disclaims all warranties for Beta Services, including any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.

3. Eligibility 

General age limitation. You must be at least 13 years of age to use RioGPT. If you are under 18 years of age (or the age of legal majority where you live), you may only use RioGPT under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with RioGPT.

Age limitation for the users. Due to requirements of the General Data Protection Regulation (“GDPR”) and UK GDPR you shall be at least 16 years old in order to use RioGPT. To the extent prohibited by applicable law, we do not allow use of RioGPT by the EEA and UK residents younger than 16 years old. If you are aware of anyone younger than 16 using RioGPT, please contact us at support@garvik.ai(for additional contact information, please, see Section 21 of these Terms and we will take reasonable steps to preclude such person from RioGPT use. For any further clarification on how we collect personal information from people under age 18, please consult our Privacy Policy.

You represent and warrant that you have not been previously suspended or removed from using Whatspp or RioGPT. You further agree to use RioGPT in compliance with all applicable laws and to provide only true and accurate information to us. RioGPT is not available to any users previously prohibited from using it.

4. User Accounts and Account Security

Certain RioGPT features or functionalities  that we may establish and maintain from time to time and in our sole discretion, may require you to register an account with us (“Account”). By creating an Account, you agree to: (i) provide accurate, current, and complete information for your Account, (ii) maintain and promptly update, as necessary, your Account information, (iii) maintain the security of your Account login information, (iv) be responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent, and (v) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. You are entirely responsible for maintaining the confidentiality, security and control of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

5. Privacy

Please refer to our Privacy Policy for information on how we collect, process and transfer information about you when you use RioGPT. Transfer and storage of information about you, whilst you use RioGPT, is governed by our Privacy Policy. You acknowledge and agree that your use of RioGPT is subject to our Privacy Policy.

5. User Content

Our Services allow you to submit Content in order to carry on the Tasks. You are responsible for the Content that you submit and/or post to the Service, including its legality, reliability, and appropriateness.

By submitting and/or posting Content to the Service, you grant us the right and license to use, modify, reproduce, and distribute such Content on and through the Service. For example, you grant us the right to submit your Content for handling by third party APIs such as OpenAI's API or Stable Diffusion API. You retain any and all of your rights to any Content you submit and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) your Contents do not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You must not upload, edit, create, store or share any Content that violates these Terms. You, furthermore, agree to indemnify, defend and hold RioGPT harmless for any unauthorized use of third-party user Content you might commit (both intentionally or unintentionally) in accordance with Section 11 of these Terms.

6. Prohibited Conduct and Content

General rules. You will not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights, and you are solely responsible for the Content and for all activity that occur while using RioGPT. You represent, warrant and agree that you will not use RioGPT by uploading the Content or otherwise (all of the following conduct includes any attempts to perform any of the following):

• To engage in any harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking or otherwise objectionable conduct including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• For sale or to the benefit of any third party or in any manner not permitted by these Terms.
• In any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying RioGPT or that could damage, disable, overburden or impair the functioning of RioGPT in any manner.
• To decipher, decompile, disassemble or reverse engineer any aspect of RioGPT such as the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas or algorithms), do anything that might discover the source code, bypass or circumvent measures employed to prevent or limit your access to any part of RioGPT.
• To circumvent any content-filtering techniques we employ or to access any feature or area of RioGPT that you are not authorized to access.
• To develop or to use any third-party applications that interact with RioGPT without our prior written consent, including any scripts designed to scrape or extract data from RioGPT.
• To display, mirror or frame RioGPT, or any individual element within RioGPT, the Company’s name, any Company trademark, logo or other proprietary information without our express written consent.
• To use any meta tags or other hidden text or metadata utilizing the Company’s trademark, logo URL, product or services name without our express written consent.
• To gain unauthorized access to, interfere with, damage, or disrupt any server, computer or database connected to RioGPT.
• To copy, modify, host, stream, sublicense, or resell RioGPT.
• For any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
• To place an advertisement of any products or services in RioGPT except with our prior written approval. 
• To violate any applicable law or regulation.
• To encourage, assist or enable any other party to do any of the foregoing.
• To create Content such as spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

You may only share the Content that is non-confidential and you have all necessary rights to disclose. You may not upload, edit, create, store or share any Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent.
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or otherwise create liability or violate any local, state, national or international law.
• Sexualizes other people. including minors, or that is intended to facilitate inappropriate interactions with minors, other users or the public.
• May infringe, misappropriate or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person.
• Contains any private or personal information of any person without such person’s consent.
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from Using or enjoying RioGPT, or that may expose us or others to any harm or liability of any type.

Due to the fact that we connect to Stable Diffusion AI technology through their API, you additionally represent, warrant and agree that you will not use RioGPT feature with Stable Diffusion AI technology and (or) Stable Diffusion AI technology (Copyright (c) 2022 Robin Rombach and Patrick Esser and contributors) in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license (Attachment A), and, in particular:

• In any way that violates any applicable national, federal, state, local or international law or regulation.
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way.
• To generate or disseminate verifiably false information and/or content with the purpose of harming others.
• To generate or disseminate personal identifiable information that can be used to harm an individual.
• To defame, disparage or otherwise harass others.
• For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation.
• For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics.
• To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm.
• For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories.
• To provide medical advice and medical results interpretation.
• To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).

You, furthermore, agree to abide by the Stable Diffusion AI technology license. We have the right to monitor your use of RioGPT to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects RioGPT. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the applicable law.

We reserve the right to, in our discretion and at any time, suspend or discontinue RioGPT, introduce new features or impose limitations on certain features, or restrict access to RioGPT.

We also reserve the right, but not the obligation, to, in our sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. We further reserve the right to make formatting and edits and change the manner of any Content. As we cannot control all content submitted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances we will be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. Please contact us at support@garvik.ai if you find any of the content to be offensive or inappropriate to you, we will promptly take the action and it will help us to train the algorithm better.

6. In-App Purchases And Subscriptions

Some functionalities and features of RioGPT are free of charge. We also offer subscription plans that provide access to enhanced services and additional features for a fee (“Premium Content” or “Premium”). You may only use the Premium only on a limited, personal, non-transferable, non-sublicensable and revocable basis.

You must cancel your subscription before it renews to avoid paying the subscription fees for the next billing period. We reserve the right to modify, terminate, or otherwise amend the subscription plans 

You can cancel your Premium by signing in to your account and following the instructions for canceling your subscription.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.

7. Copyright Infringement

It is our policy to respect the legitimate rights of copyright owners, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any text, graphics, photos, audio, music, videos or other materials or works, including any Content, uploaded, downloaded or appearing on RioGPT have been copied in a way that constitutes copyright infringement, you may request removal of that Content (or access to it) from RioGPT by submitting a written notification to us at support@garvik.ai. If we become aware that any of our users have repeatedly infringed copyrights, we will take reasonable steps to disable access to RioGPT for such users.

8. Intellectual Property

The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company. The Service is protected by copyright, trademark, and other European and international laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

9. Feedback

We welcome any your feedback, questions, comments, suggestions, ideas, original or creative materials or other information you submit about RioGPT (collectively, “Feedback”). You can submit Feedback by contacting us at support@garvik.ai or otherwise, for additional contact details please see Section 21 of these Terms. Your Feedback is non-confidential and will become our sole property once submitted to us. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You also have the right to amend and supplement your Feedback to us, which we will take into account to provide accurate information to other users about RioGPT user experience. If we decide to make your Feedback public, we will not use any of your personal data, unless you explicitly consent to it.

10. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (i) your use of RioGPT; (ii) your Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (v) your conduct in connection with RioGPT. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.

11. Disclaimers

We do not control, endorse or take responsibility for any Content (and its loss) or third-party content available on or linked to RioGPT. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Your use of RioGPT is at your sole risk. RioGPT is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that RioGPT is accurate, complete, reliable, current, error-free or free of viruses or harmful components. You assume the entire risk as to the quality and performance of RioGPT within your use.

12. Limitation of Liability

The Company will not be liable to you under any theory of liability — whether based in contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages. The total liability of the Company for any claim arising out of or relating to these Terms, regardless of the form of the action, is limited to the amount paid, if any, by you to use RioGPT Premium features. In no event will the Company’s total liability arising out of or in connection with these Terms or from the use of or inability to use RioGPT exceed the amounts you have paid to use RioGPT paid features. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.

The limitations set forth in this Section will not limit or exclude liability for fraud or intentional misconduct of the Company for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

13. Release

To the fullest extent permitted by applicable law, you release the Company from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the users and the acts or omissions of third parties.

If you are a California user, you expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

14. Dispute Resolution; Binding Arbitration

Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us. Except for small claims disputes in which you or the Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a trial and to have any dispute arising out of or related to these Terms resolved in court. Instead, all disputes arising out of or relating to these Terms will be resolved through confidential binding arbitration held in Barcelona, Spain in accordance with the Rules of Arbitration of the Barcelona Court of Arbitration. The arbitration shall be conducted in English. The parties agree to appoint one arbitrator each, and the two appointed arbitrators shall then appoint a third arbitrator who shall act as the presiding arbitrator. In the event that the two arbitrators cannot agree on the appointment of the presiding arbitrator, the presiding arbitrator shall be appointed by the Barcelona Court of Arbitration. The award of the arbitral tribunal shall be final and binding upon the parties, and judgment upon the award may be entered in any court having jurisdiction. The costs of the arbitration, including the fees and expenses of the arbitrators and the administrative fees of the Barcelona Court of Arbitration, shall be borne equally by the parties, unless the arbitral tribunal determines otherwise in the award.

Any arbitration under these terms by either you or us will only be on an individual basis; class arbitrations, class actions, representative actions, and consolidation with other arbitrations are not permitted. You waive any right to have your case decided by a jury and you waive any right to participate in a class action against us.

Any claim arising out of or related to these terms must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and the company will not have the right to assert the claim.

15. Governing Law and Venue

These Terms will be governed by, construed and enforced in accordance with the laws of Spain, without regard to conflict of law rules or principles (whether Spain or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the user's country. This paragraph doesn’t override those laws.

Any dispute between you and the Company that is not subject to arbitration or cannot be heard in small claims court will be resolved in the courts of Barcelona.

16. Right to Refuse Service

We may close, suspend or limit your access to RioGPT without reason. Without limiting the foregoing, we may close, suspend or limit your access to RioGPT:

• if we determine that you have breached, or are acting in breach of these Terms;
• if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
• if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
• you do not respond to account verification requests;
• you do not complete account verification when requested;
• to manage any risk of loss to us, a user, or any other person; or for any other reasons.

17. Changes to These Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the “Effective date” above. In case we make substantial changes to the Terms (including the changes which might affect your rights), we will always notify you. If you do not agree to the amended terms, you must stop using RioGPT. Your continued use of RioGPT after we provide the notice will imply your acceptance of those changes.

18. Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to use RioGPT. We are not responsible for any loss or harm related to your inability to use RioGPT. Upon any termination, discontinuation or cancellation of RioGPT, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.

18. Contact us

General contact details. If you have any questions about this Terms or the Company, please contact us via email at support@garvik.ai

Miscellaneous

• These Terms constitute the entire agreement between you and us relating to RioGPT and your use of RioGPT, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you relating to to RioGPT and your use of RioGPT.
• The language of these Terms is the English language only.
• You hereby irrevocably waive any law applicable to you requiring that these Terms shall be localized to meet your language (as well as any other localization requirements) or requiring a delivery or retention of non-electronic records.  
• The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
• Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
• If any provision of these Terms is held invalid and unenforceable (either by an arbitrator appointed pursuant to the terms of the Dispute Resolution; Binding Arbitration Section above or by court of competent jurisdiction), that provision will be enforceable to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. The Section titles in these Terms are for convenience only and have no legal or contractual effect. 
• Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third party beneficiary rights upon any other person or entity. 
• You may not assign or transfer your rights under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.