Terms of Service

1. Agreement to these Terms

The Service is operated by GPTsMotion Tech LLC ("GPTsMotion," "NextChat," "we," "us," or "our"). By creating an account, purchasing credits, or otherwise accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you use the Service for an organization, you represent that you have authority to bind that organization to these Terms.

2. Eligibility and accounts

You must be legally capable of entering into a binding contract in your jurisdiction. If you are under the age of legal majority where you live, you may use the Service only with permission from a parent or legal guardian. You must provide accurate account information, keep your credentials confidential, and promptly notify us of any unauthorized access. You are responsible for activity conducted through your account.

3. The Service

NextChat provides tools for AI-assisted conversations, analysis, document processing, and multimedia creation. Depending on your configuration, the Service may allow you to use your own third-party credentials or purchase usage credits from us. Features, supported models, and usage rates may change as the Service and upstream providers evolve.

4. AI output and third-party services

AI-generated output may be inaccurate, incomplete, offensive, or unsuitable for your purpose. You are responsible for reviewing output before relying on, publishing, or acting on it. The Service is not a substitute for professional medical, legal, financial, or other advice. Models, payment processors, integrations, websites, and other services supplied by third parties are governed by their own terms and policies, and their availability is outside our control.

5. Acceptable use

You may not use the Service to:

• violate any applicable law or another person's rights;
• create, distribute, or facilitate malware, fraud, spam, abuse, exploitation, or other harmful or deceptive activity;
• gain unauthorized access to accounts, systems, data, or networks, or interfere with the Service's operation or security;
• evade usage limits, payment obligations, access controls, or safety measures;
• reverse engineer or extract components of the Service except to the extent that applicable law expressly permits it; or
• use the Service in a way prohibited by an applicable third-party provider's terms or policies.

6. Credits, pricing, and payment

Paid features are generally offered on a pay-as-you-go basis through prepaid credits. The price, included credit amount, currency, and applicable payment method are displayed before checkout. Credits are a limited, non-transferable license to access eligible Service features; they are not money, legal tender, a bank deposit, or a stored-value account and have no cash value outside the Service.

You authorize us and our payment processors to charge the payment method you select for your purchase, including applicable taxes. You are responsible for keeping payment information current and for any taxes that are not collected at checkout. Usage rates may vary by model, feature, and provider and will be shown in the Service or its pricing information.

7. Cancellations and refunds

You may stop using the Service at any time. Except where required by applicable law or expressly stated otherwise at checkout, completed purchases and consumed credits are non-refundable. If you believe a charge was made in error or credits were not delivered, contact us promptly at business@nextchat.club so we can investigate. This section does not limit any non-waivable consumer rights.

8. Your content

As between you and us, you retain your rights in the prompts, files, and other content you submit to the Service. You grant us a limited, worldwide license to host, process, transmit, and display that content only as necessary to operate, secure, and improve the Service and comply with law. You represent that you have all rights needed to submit your content and permit this processing.

9. Our intellectual property

The Service, including its branding, hosted software, interface, and documentation, is owned by us or our licensors and is protected by intellectual-property laws. Any open-source components remain subject to their applicable open-source licenses. These Terms do not grant you rights to our trademarks or other proprietary materials except for the limited right to use the Service in accordance with these Terms.

10. Privacy

Our collection and use of personal information is described in the Privacy Policy. By using the Service, you acknowledge the data practices described there and any additional notices presented when you use a particular feature.

11. Service availability and changes

We work to keep the Service available but do not guarantee that it will be uninterrupted, error-free, or available in every location. We may modify, suspend, or discontinue features, impose reasonable limits, or perform maintenance. Where reasonably practicable, we will provide notice of material changes that adversely affect paid features.

12. Suspension and termination

We may restrict, suspend, or terminate access if you materially or repeatedly breach these Terms, create risk or legal exposure, fail to pay amounts due, or use the Service in a way that threatens users or the Service. You may stop using the Service at any time. Sections that by their nature should survive termination will remain in effect, including provisions concerning payment, intellectual property, disclaimers, liability, and disputes.

13. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available." We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant the accuracy of AI output or that the Service will meet your requirements. Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

14. Limitation of liability

To the maximum extent permitted by law, GPTsMotion Tech LLC and its affiliates, officers, employees, and suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, goodwill, or business opportunities arising from or related to the Service. Our aggregate liability for all claims relating to the Service will not exceed the greater of USD 100 or the amount you paid us for the Service during the 12 months before the event giving rise to the claim. These limits do not apply where prohibited by law.

15. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless GPTsMotion Tech LLC and its affiliates, officers, employees, and agents from third-party claims, losses, and expenses (including reasonable legal fees) arising from your content, your misuse of the Service, or your violation of these Terms or another person's rights.

16. Governing law and jurisdiction

These Terms are governed by the laws of the State of Wyoming and the applicable federal laws of the United States, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Wyoming, United States, and each party consents to their personal jurisdiction. This section does not deprive consumers of protections or forums that cannot be waived under the law of their country or region of residence.

17. Changes to these Terms

We may update these Terms from time to time. We will post the revised Terms on this page and update the date above. If a change is material, we will provide reasonable notice through the Service or another appropriate channel. Your continued use after the revised Terms take effect means you accept them.

18. General terms

These Terms and the policies referenced in them constitute the entire agreement between you and us regarding the Service. If any provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets.

19. Contact us

Questions about these Terms may be sent to GPTsMotion Tech LLC at business@nextchat.club.