Terms of Service 2024-05-19

Last Updated: 2024-05-19

 

Please note that your use of and access to our services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner.

 

These Terms of Use (the "Terms") are a binding contract between you and StudyGPT ("StudyGPT", "we" and "us"). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at service@xbuddy.ai.

 

You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Will these Terms ever change?

 

We are constantly improving our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the StudyGPT website, and/or by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

 

General Philosophy

We strive to make StudyGPT as easy-to-use as possible and as ethical a business operation as possible. The terms will ensure a good experience for you, our users, and us, the creators of StudyGPT. You must agree to these terms before using StudyGPT.

 

Content

You understand and agree that the content and information you use on the StudyGPT Services are your responsibility. You represent that you either own or have the necessary rights and permissions to use the content and information you make available through the Services. You agree that you will not use the Services to upload, post, transmit, or otherwise make available any content that:

                      Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

                      Is fraudulent, false, misleading, or deceptive;

                      Is defamatory, obscene, pornographic, vulgar, or offensive;

                      Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

                      Is violent or threatening or promotes violence or actions that are threatening to any other person;

                      Promotes illegal or harmful activities or substances;

                      StudyGPT reserves the right to remove any content or information you make available through the Services if it believes it violates these Terms.

 

Warranties and Disclaimers

THE STUDYGPT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

STUDYGPT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND STUDYGPT DOES NOT WARRANT THAT ANY ERRORS WILL BE CORRECTED. STUDYGPT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

 

Liability Limitation

STUDYGPT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STUDYGPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICES.

THE TOTAL LIABILITY OF STUDYGPT FOR ALL CLAIMS ARISING FROM OR RELATING TO THE USE OF THE SERVICES IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR USE OF THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.

 

Miscellaneous

These Terms and the relationship between you and StudyGPT shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and StudyGPT agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California or the United States District Court for the Northern District of California.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms shall remain in full force and effect.

These Terms constitute the entire agreement between you and StudyGPT with respect to the use of the Services and supersedes all prior or contemporaneous communications, understandings, and agreements, whether written or oral, between you and StudyGPT.

 

Payments

Payment can be made through a valid card (credit cards or debit cards) and are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

 

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis either monthly, quarterly or yearly. depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal by contacting us at hellostudygpt@xbuddy.ai Or cancel on the 'Manage Billing' page. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current subscription period.

 

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

Refunds

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

 

SUBSCRIPTION FEES AND TRIAL PERIOD

Paid Accounts. You can upgrade your free account to access paid features, which will automatically convert your free account into a 'paid account'. Your paid account will remain effective until it is cancelled or terminated under this Agreement, in which case your account will revert back to a free account. When you upgrade to a paid account, we will automatically bill you from the date you converted your account to a paid account and on each periodic renewal (whether it be monthly, quarterly or annually). If you cancel your paid account, the cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods. You are responsible for all applicable taxes, and we will charge tax when required. We may change the fees applicable to a paid account but will give you advance notice before those changes take effect and any price change will apply to your next billing cycle. You can cancel your paid account at any time via your account page in the Software, which can be accessed at https://studygpt.xbuddy.ai/pricing

 

Automatic Billing Cycles. To ensure uninterrupted services, all subscriptions to StudyGPT (including all paid accounts) are renewed automatically using the credit card we have on file. All of our subscriptions are renewed at the standard subscription rate when the current subscription term ends. If you don't cancel your Subscription, you are authorized to automatically charge you the agreed price each period until you cancel the Subscription.

 

Renewal and Cancellation. Your applicable payment will automatically renew at the end of the applicable Subscription period, unless you cancel your Subscription before the end of the then-current Subscription period. You may cancel your Subscription at anytime via your "Manage Billing" page in the Software which can be accessed at https://studygpt.xbuddy.ai/pricing The cancellation will take effect the day after the last day of the current Subscription period, and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods.

 

Subscription Fees. In consideration for the Services, you will have to pay the applicable, non-refundable subscription fees set forth in the Subscription Plan (“Subscription Fees”) at such times and for such periods as set forth therein. Your payment may be processed through a third party payment processing service, and additional terms may apply to such payments. We reserve the right to use other third party payment processing services for such purposes in the future. Unless otherwise stated in the Subscription Plan, all amounts payable under this Agreement are non-refundable, non-cancellable, and exclusive of all sales, use, value-added, withholding, and other direct or indirect taxes, charges, levies and duties. For all versions of the Services, we reserve the right in the future to charge a fee for features and/or uses which are currently made available free of charge. Any failure to pay applicable charges may result in you not having access to some or all of the Services.

 

Trial period. StudyGPT may offer a free trial period for evaluation purposes during the applicable trial period (“Trial Period”) prior to charging for the Subscription Fees. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM PERMITTED BY StudyGPT AND StudyGPT AFFILIATES WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, WITH RESPECT TO TRIAL PERIODS, AND StudyGPT HAS THE RIGHT TO TERMINATE A TRIAL PERIOD AT ANY TIME AND FOR ANY REASON.