GPT Terms of Use & Privacy Policy (Open Source)

This is a generic open-source version of a Terms of Service and Privacy Policy made available to the lawyers for GPT developers. GPT developers should not sue those GPT terms of service forms without retaining an attorney and obtaining legal advice. Use of the template is at your own risk and provided ‘as-is.’ If you wish to retain Traverse Legal to draft a GPT Terms of Service, please contact us for a fee quote. You are not retaining Traverse Legal as your attorney by accessing this web page and referring to this template.

Terms of Service for [Your Company’s Name] GPT

Last Updated: [Insert Date]

Certainly! Here’s the structured format of the GPT Terms of Use & Privacy Policy with headlines, subheadings, a numbering system, and highlighted placeholders for easy reference:

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GPT Terms of Use & Privacy Policy (Open Source)

Introduction

Welcome to the GPT services provided by $Y o u r C o m p an y^{'} s N am e]$ . These Terms of Service govern your use of our GPT services.

Last Updated: $I n ser t D a t e]$

1. Acceptance of OpenAI Policies

By using our GPT services, you acknowledge and agree that you are bound by the following OpenAI policies incorporated by reference into these Terms of Service. These same policies govern your use of this GPT and will be enforced by us accordingly:

OpenAI’s Service Terms: $L ink]$
OpenAI’s Usage Policies: [ $L ink]$
OpenAI’s Plugin Terms: [ $L ink]$

Your agreement to these policies is reaffirmed whenever you access or use our GPT services.

2. Intellectual Property Rights

(a) Ownership

All intellectual property rights in and to the GPT services, including but not limited to any software, documentation, data, content, trademarks, and service marks, are owned by $Y o u r C o m p an y^{'} s N am e]$ or its licensors. No rights are granted to you other than as expressly outlined in these Terms.

(b) Use of Marks

You may not use any trademarks, service marks, trade names, logos, or other designations of $Y o u r C o m p an y^{'} s N am e]$ without the prior written consent of $Y o u r C o m p an y^{'} s N am e]$ .

3. Data Protection and Privacy

(a) Compliance with Data Protection Laws

You agree to comply with all applicable data protection and privacy laws regarding the collection, processing, and storage of data obtained through the use of the GPT services.

(b) Data Usage

You must ensure that any data used in connection with the GPT services is sourced and processed lawfully, respecting the privacy and intellectual property rights of third parties.

4. Termination and Suspension

(a) Right to Terminate

$Y o u r C o m p an y^{'} s N am e]$ reserves the right to terminate or suspend your access to the GPT services at any time, without notice, for conduct that $Y o u r C o m p an y^{'} s N am e]$ believes violates these Terms or is harmful to other users, $Y o u r C o m p an y^{'} s N am e]$ , or third parties, or for non-payment.

(b) Effects of Termination

Upon termination, your right to use the GPT services will immediately cease, and $Y o u r C o m p an y^{'} s N am e]$ may delete or deactivate your account and all related information and files in your account.

5. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of $Y o u r C o m p an y^{'} s N am e]$ , without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding between $Y o u r C o m p an y^{'} s N am e]$ and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in $Y o u r St a t e / C o u n t ry]$ .

6. Dispute Resolution

Mandatory Arbitration

You and $Y o u r C o m p an y^{'} s N am e]$ agree to resolve any claims arising out of or relating to these Terms or our Services through final and binding arbitration.

Informal Dispute Resolution

Before filing a claim, both parties agree to try to resolve the Dispute informally.

Arbitration Forum

If unresolved, either party may commence arbitration with National Arbitration and Mediation (“NAM”).

Arbitration Procedures

The arbitration will be conducted by a sole arbitrator, with the location to be mutually agreed upon or as determined by the arbitrator.

Exceptions

This section does not require arbitration of certain types of claims.

Class and Jury Trial Waivers

Disputes must be brought on an individual basis only. Class arbitrations, class actions, and representative actions are prohibited.

Batch Arbitration

For claims filed by 25 or more claimants, NAM will administer them in batches.

Severability (Dispute Resolution)

If any part of these arbitration terms is found illegal or unenforceable, the remainder will remain in effect.

7. Severability (General)

If any provision of these Terms is deemed invalid or unenforceable by a court, the remaining provisions will remain in full effect.

8. No Waiver

The failure of $Y o u r C o m p an y^{'} s N am e]$ to enforce any rights shall not be deemed a waiver of subsequent enforcement of rights.

9. Indemnification; Disclaimer; Limitation of Liability

(a) Indemnification

You agree to defend, indemnify, and hold harmless $Y o u r C o m p an y^{'} s N am e]$ from any third-party claims related to your Plugin.

(b) Disclaimer

Our GPT and Services are provided “AS IS” without any warranties.

(c) Limitations of Liability

$Y o u r C o m p an y^{'} s N am e]$ ‘s liability under these Terms shall not exceed one hundred dollars ($100).

10. General Terms

(a) Modifications

$Y o u r C o m p an y^{'} s N am e]$ may update these Terms, with changes effective after notification.

(b) Notices

Notices will be in writing, deemed given on the date of receipt or sending.

(c) Export Controls

You must comply with applicable U.S. export control laws and regulations.

(d) Miscellaneous

These Terms constitute the entire agreement, with amendments to be in writing.

GPT Terms of Use & Privacy Policy (Open Source)