Terms of Service
Effective Date: 08/27/2023
Introduction and Agreement to these Terms Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the BoilerGPT Application ("Service"), you agree to comply with and be bound by these Terms. The Service is owned and operated by Straight Outta Harbour Inc. (”Straight Outta Harbour”, "BoilerGPT," "we," "us," or "our"). These Terms apply to all users of the Service.
Eligibility to Use the Service By using the Service, you affirm that you are either more than 13 years of age or an adult under applicable law. If you are less than 13 years old, you must use the Service with a parent or guardian. You Affirm that you are a Purdue University Student and have no malicious intent to steal or profit off of the congregation of resources on this platform. For European Union citizens or residents, you affirm that you are over 16 years of age. You confirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
User Accounts and Account Security To use certain features of the Service, you may be required to create an account and provide us with a purdue email, and certain other information about yourself as set forth in the Privacy Policy. You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
Content Creation and Ownership The Service provides users with the ability to create, upload, post, send, receive, and store content. When you provide User Content via the Service, you grant BoilerGPT a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display your User Content and any name, username, voice, or likeness provided in connection with your User Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make your User Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with BoilerGPT. You also agree that you will respect the intellectual property rights of others and represent that you have all of the necessary rights to grant us this license for all User Content you transfer to us.
User Conduct and Content You may post, upload, publish, submit, or transmit relevant information and content on the Service. You are responsible for ensuring this content is lawful and appropriate.
You agree not to use the Service to:
- Breach an individual's privacy or other legal rights;
- Defame, harass, threaten, menace, or offend any person;
- Conduct unlawful activities;
- Submit material or create User Content that is classified as Prohibited Content;
- Interfere with any user of the Service;
- Tamper with or modify the Service, including transmitting viruses;
- Send unsolicited electronic messages;
- Manipulate community interaction metrics through unauthorized means;
- Use data mining, robots, or similar data gathering and extraction tools on the Service;
- Facilitate or assist a third party to engage in the above acts.
Prohibited Content is defined as material or content that:
- Is abusive, pornographic, deceptive, obscene, slanderous, defamatory, violent, hateful, or inappropriate;
- Is homophobic, transphobic, racist, or discriminatory;
- Promotes bullying, harassment, or personal attacks;
- Infringes upon copyrights without the owner's express permission;
- Violates or encroaches upon the rights of others, including Intellectual Property Rights or privacy rights;
- Contains spam, viruses, worms, corrupt files, or other harmful code;
- Incites, baits, or advocates illegal activities or violates any law;
- Includes non-constructive criticism or creates a hostile environment;
- Harms or advocates harm against anyone.
You agree to be solely responsible for all User Content you provide on or through the Service. You affirm that:
- You are either the sole owner of all User Content, or you have all rights, licenses, and permissions necessary to use and share the User Content on the Service;
- You will not submit material or create User Content that is Prohibited Content;
- Your User Content or its use will not infringe or violate a third party’s Intellectual Property Rights, rights of publicity or privacy, or any applicable laws or regulations.
Moderation and Violations We may appoint content moderators or moderators to ensure User Content complies with these Terms. We do not endorse or approve, and are not responsible for, any User Content.
If you breach these Terms, or we suspect you may be in breach of these Terms, we may, at our sole discretion:
- Delete any User Content;
- Suspend or terminate your account, along with all associated User Content;
- Suspend or permanently ban your access to the Service;
- Suspend, remove, or block your access to any associated online communities operated by us;
- Disclose the prohibited User Content to appropriate government authorities.
We have the right to overturn any moderator's decision if we believe it's not in the interest of BoilerGPT. If you disagree with a moderator's decision, you may contact us via email.
If we suspend or terminate your Account due to a violation of these Terms:
- You will not receive any refund for any fees paid;
- You will lose access to your User Content, and any other information uploaded to the Service;
- You must not create a new account or attempt to access any Online Communities, unless you receive our written permission.
Intellectual Property Any and all Intellectual Property Rights in any materials developed, adapted, modified, or created by us or our personnel, including any content on the Service generated or created by us, but excluding any creations generated by you using the Service (Our Intellectual Property), will at all times vest, or remain vested, in us.
Any and all Intellectual Property Rights in any materials developed, adapted, modified, or created by you, including your use of the BoilerGPT Services and your creations (Your Intellectual Property), will at all times vest, or remain vested, in you upon creation.
For the avoidance of doubt, once your creation has been generated, all Intellectual Property Rights subsisting in that specific creation are transferred to you. You may use your creation for personal or commercial purposes.
To the extent that ownership of Intellectual Property Rights in any creation does not automatically vest in you, we grant you a non-exclusive, perpetual, irrevocable, worldwide, sublicensable, royalty-free, and transferable right and license to use the creation.
You acknowledge and agree that your use of your creation for commercial purposes will not violate any copyright, trademark, or other proprietary right of a third party. You agree to indemnify us for any loss or damage which arises due to any potential infringement of third party Intellectual Property Rights.
You agree not to, without our prior written consent:
- Copy, in whole or in part, any of Our Intellectual Property;
- Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any of Our Intellectual Property to any third party;
- Breach any intellectual property rights connected with the Service or the Creations, including altering or modifying any of Our Intellectual Property; causing any of Our
Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
Nothing in the above clause restricts your ability to publish, post, or repost Our Intellectual Property on your social media page or blog, provided that:
- You do not assert that you are the owner of Our Intellectual Property;
- Unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
- You do not damage or take advantage of our reputation in a manner that is illegal, unfair, misleading, or deceptive;
- You comply with all other terms of these Terms.
Due to the evolving and developing nature of the law around AI-created works, we do not guarantee or represent:
- That you will be able to claim copyright ownership of your Creation in any jurisdiction, either our jurisdiction of the United States or the jurisdiction in which you reside;
- That your Creation will not infringe on any third party Intellectual Property Rights.
Data Privacy In order to provide the Service, BoilerGPT collects and processes certain personal information about you. Our practices are detailed in the Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to the collection, use, disclosure, and sharing of your information as outlined in our Privacy Policy.
Payment and Billing The Service is free to use. If in the future, BoilerGPT introduces premium features or services that require payment, we will update these Terms accordingly and provide you with all necessary information.
Limitations You may have rights under the United States Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate liability arising from or in connection with the Terms (including the Creations and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price (as applicable) paid by you to us for the Creations or services the subject of the relevant claim; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionizing radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government-sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
Dispute Resolution For any dispute you have with BoilerGPT, you agree to first contact us and attempt to resolve the dispute with us informally. If BoilerGPT hasn't been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy through the Apple App Store's dispute resolution process.
Termination BoilerGPT reserves the right, without notice and in our sole discretion, to terminate your license to use the Service and to block or prevent your future access to, and use of, the Service.
Changes to the Terms We may update these Terms from time to time to reflect changes in our practices, technology, legal requirements, and other factors. If we do, we’ll provide you notice of these changes as appropriate, such as by sending an email notification, providing notice through our Service, or updating the date at the top of these Terms. By continuing to use our Service after we have posted changes to these Terms or have provided you notice, you are expressing your acceptance of these changes.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS, AND CONDITIONS SET FORTH FOR BOILERGPT. BY CONTINUING TO USE THE SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS YOU GRANT TO ADMINISTRATION THE RIGHTS SET FORTH HEREIN.
For any questions and notices, please contact us at:
Straight Outta Harbour Inc.
Email: [email protected]
