Terms of Use
Effective date: Mar 11, 2023.
By using our provided services and software, you are agreeing to our terms and conditions detailed below. If you disagree or do not understand any of the terms, you should immediately stop using our services.
Following is an agreement contract between you (the "User", "You") and Timedora Inc, WindyBot, Windy AI (the "Service Provider", "We", "Us").
Services & Agreement
WindyBot (the "Services") is a service that provides AI tools.The Terms of Service (the "Terms", defined in https://windybot.com/terms) govern your use of our Services. Your right to access and use the Services is contingent upon your access and use of the Services in accordance with these Terms.
WindyBot may make changes to the Terms from time to time with or without informing you. You may reject the changes by stopping the use of our service or removing billing information if you are a premium user. You understand and agree that if You use the Service after the date on which the Terms have changed, We will treat Your use as acceptance of the updated Terms.
User Privacy
We take your privacy very seriously. We will exercise commercially reasonable efforts to protect and prevent any unauthorized access to any information collected from our users. We are not in the business of renting nor selling your personal information in personally identifiable form to anyone. From time to time, we may use ads via third party providers such as Google or others which may make use of some information such as cookies.Service Usage Restrictions
You may not use the Services in a way that violates any law or regulation. This includes any use that is considered fraudulent, deceptive, harmful, threatening, harassing, defamatory, obscene, or otherwise objectionable.You will not use our software and Services to engage in any activites or communication that involves criminal acts, abuse of children, sex, hate, pornography, sexually gratifying activities, alcohol, firearms, ammunitions, incitement of various sort of hate (eg but not limited to racial,gender,veteran,religious hate), drugs and tobacco. You will also not use it to generate content that are harmful, misinform, mislead, violent, dangerous, criminal, inappropriate and exploitative.
Decompiling code, reverse engineering code, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
You may not use the Services in a way that generates unreasonable number of email bounces, unacceptable number of spam or UCE complaints (even if the messages themselves are not actually spam or UCE), or use our Services or APIs in a way that generates unreasonable load on our infrastructure.
Don't use it for malicious purposes: The model should not be used to spread hate speech, misinformation, or any other harmful content.
Don't rely on it for critical information: While our service over GPT has been trained on a large amount of text, it may not always provide accurate or up-to-date information. Don't rely on it for making important decisions or for providing critical information.
Don't try to trick it: The GPT engine uses advanced machine learning algorithms to generate responses, but it's not perfect. Don't try to trick it by asking misleading questions or giving it false information.
By following these guidelines, you can help ensure that you use the model, AI generation and tool responsibly and ethically.
We will ban users who violate such rules without hesitation. We may seek legal action against any user who violates our Service Usage Restriction.
Fees for Use of the Service
We may provide the Service to You for free, with certain trial periods or with certain limits on use or charge you for premium features or a pay per use basis.If you choose to use our premium services, we will charge Your credit card on a monthly or annual basis for subscription or each time your balance falls below a threshold on a pay per use basis. Payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for balance unused with an open account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
By utilizing WindyBot's services, you consent to the sharing of any credit card and billing information provided with entities such as payment processors and credit agencies, solely for the purpose of credit verification, payment processing, and account servicing.
When initiating a free trial of WindyBot's premium service, please note that a subscription to the paid service may commence automatically at the conclusion of the trial period. Each user is entitled to one free trial only; attempting to subscribe to the same or another free trial after previous cancellation will/may result in automatic enrollment in the paid service.
Upon subscribing to WindyBot's paid service, your subscription will renew automatically at the end of each term, mirroring the initial term's duration. This recurring period is referred to as the Subscription Period.
At the end of each subscription term, you will be charged for the WindyBot paid service for a renewal term matching the Subscription Period. The subscription fee is non-refundable except where explicitly stated otherwise. Applicable taxes may apply, and you authorize us to charge the payment method on file for recurring payments.
Should your payment method decline, we reserve the right to attempt recharging at the same or a lower rate. Failure to obtain payment will result in the cancellation of your paid service subscription.
Cancellation of your subscription is your responsibility, irrespective of any renewal notices from us. Should your payment method expire before the renewal date, it is your duty to update it before the renewal date to avoid interruption of service.
By agreeing to these terms, you understand that your paid service subscription will automatically renew, and you authorize us to collect the applicable fees and taxes using the payment method on file.
Upon cancellation of automatic renewal, recurring subscription fees will cease, and your subscription will remain active until the end of the paid term.
WindyBot employs third-party payment processors for electronic transactions. By using these processors, you agree to their terms and conditions. Any fees or issues related to these third-party processors are outside WindyBot's liability.
Billing and Payment Plans
You are responsible for paying all fees or charges associated with your account based on the applicable fees, charges, and billing terms in effect when the fee or charge is due. If Services are provided on a free trial basis, payment may be required after the trial period concludes, not upon entering billing details. For auto-renewal subscription plans, charges will occur automatically as per your chosen term, with pricing displayed before entering payment information on platforms like iTunes or Google Play. Acknowledge that subscription plans will renew per the selected period, monthly or yearly, and payment will be processed through your credit card or intermediary provider (e.g., iTunes, Google Play).All fees and charges are nonrefundable, with no reimbursements or credits for partially used periods. Credit card payments are handled by a third-party processor, and failure to process your credit card in a timely manner may result in subscription plan termination. Any outstanding amounts must be settled by you.
We retain the right to modify or discontinue subscription plan aspects, including pricing, recurring periods, and free trials. TIMEDORA INC provides non-recurring payment plans without subscriptions. Credits from these plans are nonrefundable, and credits used in the app for texts, number purchases, calling, recording, faxes, and other paid features are also nonrefundable.
In high-risk transactions, we may request your government-issued photo ID and possibly a recent bank statement for the card used. We reserve the right to change product pricing and offerings at our discretion. Additionally, we may refuse or limit orders per person, household, or order, including those placed under the same account, credit card, or with the same billing/shipping address. If we cancel an order, we will attempt to notify you using the provided email or billing address/phone number.
Cancellation & Termination
You may cancel Your premium plans at anytime by removing your billing information. The service is currently a pay per use service and AI Units will not be top up without any credit card information. You understand that solely stopping, disabling, uninstalling, , or by forgoing the use of the Services will not be considered a termination of your plan. Any unused AI Units balance will expire in 2 years from date of last top up.You will not receive any refunds or pro-rated refunds if You cancel Your account or remove your billing information. If You cancel the Service before the end of Your current paid up month, You will not be charged again and Your cancellation will take effect immediately.
You agree that WindyBot, in its sole discretion and for any or no reason, may terminate or suspend Your account. You agree that any termination of Your access to the Service may be without prior notice, and You agree that WindyBot will not be liable to You or any third party for such termination.
Warranty
Service Provider disclaims to the fullest extent authorized by law any and all warranties, whether express or implied, including, without limitation. Service Provider expressly does not warrant that: (a) the software will meet your requirements or expectations; (b) the software or the software content will be free of bugs, errors, or other defects; (c) any results, output, or data provided through or generated by the software will be accurate, up-to-date, complete or reliable; (d) the software will be compatible with third party software; (e) any errors in the software will be corrected.Indemnification
You agree to indemnify and hold TIMEDORA INC and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from any liabilities, losses, damages, or costs, including reasonable attorneys' fees. This indemnification is incurred in connection with or arising from third-party allegations, claims, actions, disputes, or demands asserted against any of them due to or related to your Content, your use of the Services, or any willful misconduct on your part.
If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you reside in another jurisdiction, you waive any comparable statute or doctrine.
The User, at its expense, shall indemnify, defend and hold the Service Provider and affiliates harmless from and against any and all liability, damages, injuries, losses, costs and expenses (including attorney’s fees) arising out of or relating to User’s use of the Service, including but not limited to liability, damages, injuries, losses, costs and expenses arising from any claims relating to User’s breach of any representations, warranties, or covenants in this agreement.
When using the Service, it's important to keep in mind the following limitations and considerations since the Service is built on top of OpenAI's GPT Engine and other AI Engines:Accuracy: While GPT is highly capable of generating human-like text, it may still make mistakes or produce outputs that are factually incorrect, biased, or offensive.
Bias: GPT is trained on large amounts of text from the internet, which may reflect societal biases and stereotypes. This can result in outputs that are discriminatory or offensive.
Limitations of Training Data: The quality and reliability of GPT's output depend on the quality and diversity of the data used to train it. If the training data contains errors, inaccuracies, or biases, these will likely be reflected in the outputs generated by the model.
Lack of Contextual Understanding: GPT has been trained on a large corpus of text but it does not have an understanding of the world in the same way that humans do. It may generate outputs that are inappropriate or nonsensical in certain contexts.
No Human Interpretation: GPT's outputs are generated purely based on statistical patterns in the data, without the ability to interpret or understand them in a human-like way.
With these limitations in mind, it's important to use GPT responsibly and with caution, and to verify any information generated by the model before relying on it for important or sensitive applications. By using the Service, the user acknowledges and agrees to use the Service at their own risk and indemnify and hold harmless us, and its affiliates from any and all claims, damages, or losses arising from the use of the Service's outputs.
Liability for our Services
To the fullest extent allowed by applicable law, TIMEDORA INC, its affiliates, directors, officers, employees, agents, suppliers, or licensors shall not be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages. This includes, but is not limited to, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, or loss of business opportunity. Such damages may be incurred under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if the liable party has been advised of the possibility of such damages or could have foreseen them.To the maximum extent allowed by applicable law, the total liability of TIMEDORA INC and its affiliates, officers, employees, agents, suppliers, and licensors concerning the services will be limited to an amount greater of one dollar or any cash amounts actually paid by you to TIMEDORA INC in the prior one-month period before the first event or occurrence leading to such liability. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Severability
All rights and restrictions in this Agreement are exercised and are applicable only to the extent that they do not violate any applicable laws. They are intended to be limited so that they do not render this Agreement illegal, invalid, or unenforceable. If any provision or portion thereof is deemed illegal, invalid, or unenforceable by a court of competent jurisdiction, the intention is that the remaining provisions or portions thereof constitute the agreement between the parties. All such remaining provisions or portions thereof shall remain in full force and effect.
Dispute Resolution
Federal Arbitration Act: The parties agree that this Terms of Service affects interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
You can email support@timedora.com to address concerns regarding the Service. Both parties will enter into good-faith negotiations to settle any dispute before initiating a lawsuit or arbitration.
You agree not to engage in any consolidated, class, or representative proceeding, whether existing or future, initiated by any third party concerning these Terms of Service (including their validity or enforceability), the Service, any person’s access to and/or use of the Service, and/or the provision of content, products, services, and/or technology through the Service. If any court or arbitrator determines that the class/consolidated/representative action waiver outlined in this section is void or unenforceable for any reason, or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration. Instead, they must be litigated in federal court located in San Francisco, California. This Class Action Waiver section also applies to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of TIMEDORA INC. It further applies to any claims asserted by any of them against you, to the extent that such claims arise from or relate to these Terms of Service (including their validity or enforceability), the Service, any person’s access to and/or use of the Service, and/or the provision of content, services, and/or technology through the Service.