Last Updated: July 1, 2023
Welcome to TotalGPT. Please read these Terms of Service ("Terms") carefully as they contain important information regarding your legal rights, remedies, and obligations. By accessing or using the TotalGPT website, applications, or any other services provided by TotalGPT (collectively, the "Services"), you agree to be bound by these Terms.
"TotalGPT" (or "we," "our," or "us") refers to StirnerMedia LLC, a company registered in Wyoming, USA, including its subsidiaries, affiliates, officers, directors, employees, agents, and contractors.
"User" (or "you" or "your") refers to any individual who accesses or uses the Services.
"Content" refers to text, data, information, suggestions, feedback, improvements, or other materials processed, generated, or transmitted through the Services.
"Subscription" refers to the paid access to the Services according to the terms and conditions set forth in these Terms.
To access and use certain features of the Services, you must create an account by providing complete and accurate information. You agree to:
You must be at least 16 years old to use the Services. If you are under 18, you must have your parent or guardian's permission to use the Services and they must agree to these Terms on your behalf.
TotalGPT offers subscription plans for access to the Services. The features, limitations, and pricing of each subscription plan are described on our pricing page. We reserve the right to modify, terminate, or otherwise amend our offered subscription plans at any time.
By subscribing to a paid plan, you agree to pay the subscription fees as described at the time of purchase. All payments are processed securely through our payment processors. Subscription fees are non-refundable except as expressly provided in these Terms or when required by law.
Subscriptions automatically renew for the same period at the then-current rate unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings. Upon cancellation, you will continue to have access to the Services until the end of your current billing period, but you will not receive a refund for any fees already paid.
We may change our subscription fees at any time. If we increase fees for your subscription plan, we will notify you at least 30 days before the change takes effect. By continuing to use the Services after a fee change, you agree to the new fees.
You agree not to use the Services to:
TotalGPT reserves the right to monitor compliance with these acceptable use provisions and to suspend or terminate access to the Services for users who violate these provisions.
You retain all rights to the text and other content you submit to TotalGPT for processing. By using the Services, you grant TotalGPT a non-exclusive, worldwide, royalty-free license to use, store, and process your content solely to provide and improve the Services.
The Services, including all software, algorithms, designs, graphics, interfaces, logos, and other content provided by TotalGPT, are protected by copyright, trademark, patent, and other intellectual property laws. TotalGPT or its licensors own all right, title, and interest in and to the Services.
If you provide feedback, suggestions, or ideas about the Services, you grant TotalGPT a perpetual, irrevocable, non-exclusive, transferable, royalty-free license to use such feedback for any purpose without compensation to you.
THE SERVICES ARE 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, AND NON-INFRINGEMENT. TOTALGPT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TOTALGPT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT GENERATED THROUGH THE SERVICES. THE USE OF THE SERVICES IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOTALGPT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL TOTALGPT'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT PAID BY YOU TO TOTALGPT FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE DATE OF THE CLAIM.
You agree to indemnify, defend, and hold harmless TotalGPT and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from or relating to your use of the Services, your violation of these Terms, or your violation of any third-party rights, including without limitation any copyright, property, publicity, or privacy right.
TotalGPT may terminate or suspend your access to all or part of the Services, without notice, for conduct that TotalGPT believes violates these Terms or is harmful to other users of the Services, TotalGPT, or third parties, or for any other reason.
You may terminate your account at any time by contacting [email protected]. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
TotalGPT reserves the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on our website or through the Services with a new effective date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
TotalGPT may modify, suspend, or discontinue any part of the Services at any time. We will make reasonable efforts to notify you of significant changes, but we are not obligated to provide notice of all changes.
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be exclusively submitted to the competent courts of Wyoming.
We both agree that any dispute must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
These Terms constitute the entire agreement between you and TotalGPT regarding the Services and supersede all prior agreements and understandings, whether written or oral.
The failure of TotalGPT to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without TotalGPT's prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. TotalGPT may assign or transfer these Terms, without consent, to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
Any notices or other communications provided by TotalGPT under these Terms will be given by posting to the Services or by email to the address associated with your account. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Company: StirnerMedia LLC
Postal Mail: 30 N GOULD ST STE N
SHERIDAN, WY 82801
United States