Thank you for using HeyGPT!

These Terms of Service ("Terms") apply to your use of HeyGPT, along with any associated software applications, technology and websites ("Services"), including personal, non-commercial use of our Services by consumers. By using this app, you are agreeing to be bound by these terms of service. If you do not agree with any of these terms, you are prohibited from using or accessing this app. Users under 18 must have permission from their parent or guardian to use our Services.

Who we are

Colintec is an innovative start-up focused on helping people profit from AI. For more information about Colintec, please visit www.colintec.net. Our Services are provided to you by "Red colaborativa para la innovacion y tecnologias S.L.L." a company incorporated in Madrid, Spain.

Using our Services

What you can do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws and regulations as well as the Service-specific terms and policies.

What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you are prohibited from:

Corporate domains. If your account is owned by an organisation (for example, your employer), the organisation's administrator will be able to control your account and restrict or remove your access to the account.

Third party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.

Feedback. We appreciate your feedback about our Services, but you agree that we may use it to provide, maintain, develop, and improve our Services, without compensation to you.

Content

Your content. You may provide input to the Services ("Input"), and receive output from the Services based on the Input ("Output"). Input and Output are collectively "Content". You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licences, and permissions needed to provide Input to our Services.

Ownership of content. To the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.

Similarity of content. Due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output.

Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. Given the probabilistic nature of machine learning, use of our Services may in some situations result in Output that does not accurately reflect real people, places, or facts.

When you use our Services you understand and agree:

Use of content. We do not retain or use any of your Content for any purpose. As we use third-party large language model providers to enhance our Services, please note that these third-party providers have their own terms and conditions that apply to their use of your Content.

Our IP rights

We own all rights, title, and interest in and to the Services.

Paid accounts

Paid subscriptions. Some of our Services allow you to purchase paid subscriptions and service credits to benefit from enhanced features and functionalities.

Fees. All charges, including subscription fees, will be made clear to you before purchase.

Billing. If you sign-up for a paid subscription or purchase any Service credits, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. If your payment cannot be completed, we may suspend your access to our Services until payment is received.

Service credits. You can pay for some Services in advance by purchasing service credits.

Cancellation. You can cancel your paid subscription at any time. You will not be charged after you cancel your paid subscription. You will continue to have access to the Services until the end of the subscription period you have paid for, at which point your cancellation will become effective. Unless we specify otherwise, you will not receive a refund or service credit for any days between the day you cancel and the last day of the subscription period you have paid for.

Changes. We may change our prices from time to time. If we increase our subscription prices, any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

Termination and suspension

Your rights. You can stop using our Services at any time by simply stopping your use of the Services. If you have a subscription, you can cancel it by clicking on cancel on the plans webpage or through your payment service provider.

Our rights. We may take action to suspend or terminate your access to our Services or close your account if we determine, acting reasonably and objectively:

Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting Support.

Our commitments to you

How we provide the Services. We commit to provide the Services to you with reasonable skill and care and to act with professional diligence. We do not promise to offer the Services forever or in their current form for any particular period of time.

Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

The company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, the company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its app or otherwise relating to such materials or on any sites linked to this app.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

Indemnity (business). To the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys' fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.

Statutory rights (consumer). You have certain statutory rights that cannot be limited or excluded by a contract like these Terms or that you are legally entitled to, for example, by virtue of being a consumer. These Terms are in no way intended to affect or restrict those rights.

Dispute resolution

Concerns. If we have a dispute, we would first like to understand and try to address your concerns before any formal legal action. To share your concerns you can contact us through email.

Court. If we cannot resolve our dispute, you or we can go to your local courts.

General terms

Assignment. You may not assign or transfer any rights or obligations under these Terms. We may assign or transfer our rights or obligations under these Terms to any successor in interest of any business associated with our Services. If we do, any rights you have as a consumer will not be affected. If you are not satisfied, you have the right to terminate your relationship with us and stop using our Services at any time.

Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:

Any changes will only apply to our relationship going forward. If you do not agree to the changes, you must stop using our Services.

Delay in enforcing these Terms. If we or you delay enforcing a provision of these Terms, either of us can still enforce it later, and it will not prevent us or you from taking steps against the other at a later date. If any part of these Terms is determined to be invalid or unenforceable, it will not affect the enforceability of any other part of these Terms.

Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government licence for release or export.

Governing law. These terms and conditions are governed by and construed in accordance with the laws of Spain and you irrevocably submit to the exclusive jurisdiction of the courts in that location.