These API Terms of Use govern your access to and use of the AccGPT API. Please read them carefully before making any API calls.
Welcome, and thank you for your interest in AccGPT ("we" or "us") and our website at https://AccGPT.net ("Site"), along with our related services provided by us (collectively, our "Service"). These API Terms of Use are a legally binding contract between you and AccGPT regarding your use of the AccGPT API and related services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING "I ACCEPT," OR BY USING THE API OR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE ACCGPT PRIVACY POLICY (TOGETHER, THE "TERMS"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service.
These Terms provide that all disputes between you and AccGPT will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 19 ("Dispute Resolution and Arbitration") for the details regarding your agreement to arbitrate any disputes with AccGPT.
AccGPT operates an AI-powered platform where users may access third-party application programming interfaces ("APIs") to use a variety of generative artificial intelligence models listed on the Site ("Models"). AccGPT reserves the right to add or remove services, models from the Service, and any other related software, code, or materials, at any time, with or without prior notice. AccGPT reserves the right to limit usage or remove any user, at any time, with or without prior notice, if we determine these API Terms of Service, or our Website Terms of Service, have been violated.
You must be at least 13 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are under 18 years of age, you must have your parent or guardian's permission to use the Service. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
To access most features of the Service, including the AccGPT API, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, if you created or otherwise used a password, you are solely responsible for maintaining the confidentiality of your account and password. As part of this terms of service, you agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you should immediately deactivate your account and you must immediately notify us HERE about any known or suspected breeches of any AccGPT account.
If you used one of our third-party registration services, such as Google or Github, you should be aware that these services also have their own Terms of Service and Privacy Policy agreements, which you previously agreed to when signing up for those websites and/or services. It is important to note that those third-party terms of service are separate from the AccGPT terms of service agreements and privacy policies, and are not created nor maintained by AccGPT, but may also have usage terms that apply to your usage of third-party services. Please be sure to review the Terms of Service and Privacy Policy of any third-party registration service used when creating your account on AccGPT.
Access to the Service, or to certain features of the Service, may require you to pay fees for pre-paid credits that are linked to your account ("Credits"), along with any applicable payment processing or transaction fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Once purchased, refunds for unused Credits may be requested within twenty-four (24) hours from the time the transaction was processed. If no refund request is received within twenty-four (24) hours following the purchase, any unused Credits become non-refundable. The unused credit amount will be refunded to your payment method; platform fees are non-refundable. Cryptocurrency payments are never refundable.
AccGPT reserves the right to expire unused, paid credits three hundred sixty-five (365) days after purchase, and "Bonus" or other free credits ninty (90) days after revceiving those credits. When purchasing Credits, you may have the option to automatically add Credits to your account by charging the payment method of your choosing when your available Credits fall below a threshold you have set ("Auto Recharge"). If you elect the Auto Recharge option, you authorize AccGPT to automatically charge payments to your account. You may update or cancel Auto Recharge at any time through your account settings.
AccGPT will charge the payment method you specify at the time of purchase. You authorize AccGPT to charge all sums as described in these Terms, for the Service you select, to that payment method. AccGPT processes payments through third-party payment processors. All applicable payment terms and conditions from those processors apply to your transactions.
If AccGPT changes the fees for the Service, including by adding additional fees or charges, AccGPT will provide you advance notice of those changes. If you do not accept the changes, AccGPT may discontinue providing the Service to you.
You acknowledge that the Service enables you, and your customers (to the extent you incorporate the Service into your own products and services) access to Models provided by third-party model providers ("Model Providers"). By accessing or using any Model through the Service, you agree, and will ensure that your authorized users and customers agree, to comply with the applicable terms for each Model ("Model Terms"). You are solely responsible for reviewing the Model Terms applicable to each Model before accessing or using that Model and for determining whether the applicable Model Terms allow you and your Authorized Users to access and use the Service, Inputs, and Outputs as you intend.
You will require that all of your authorized users and customers access and use the Service and Models only in accordance with this Agreement, any documentation provided by AccGPT on the Site and Service, and the applicable Model Terms. You will be responsible for all acts and omissions of your users, including any violation of applicable Model Terms.
You understand that Model Terms may be modified, supplemented, or replaced from time to time by the applicable Model Provider. Your continued access to or use of a Model after the Model Terms for that Model are updated constitutes your acceptance of such updated Model Terms. If you do not agree to the updated Model Terms, you should not access or use the applicable Model.
AccGPT does not guarantee availability of any Model and provides you with access to the Models only on an "as-available" basis. Model uptime and performance are governed by the applicable Model Terms, and it is your responsibility to review the Model Terms for the Models you access in order to understand the availability and data practices of each Model Provider.
You understand and acknowledge that you are solely responsible for any violation by yourself, your authorized users, and your customers of applicable Model Terms. AccGPT may suspend, restrict, disable, or terminate your, any of your authorized users', and your customers' access to any Model if we reasonably believe that you, one of your Authorized Users, or your customer(s) has violated, or may violate, any Model Terms, or if we are required or requested to do so by the applicable Model Provider. AccGPT disclaims all liability for any suspension, restriction, disabling, termination, removal, unavailability, degradation, or modification of any Model arising from or related to Model Terms or the acts or omissions of any Model Provider.
You are solely responsible for selecting the Models you use, configuring your account settings, setting permissions and restrictions for yourself, your users, and your customers, and determining whether each Model and the applicable Model Terms are appropriate for your use case, including any regulated, high-risk, sensitive, or customer-facing use.
You understand and acknowledge that certain Model Providers do not authorize users acting on behalf of certain entities or organizations, or who are located in certain countries or regions, to access their Models ("Restricted Models"), and that you may not access these Restricted Models through our Service. You agree not to, and will not allow your Authorized Users or customers to: (a) use the Service to access Restricted Models, including without limitation by using virtual private networks and proxies; or (b) circumvent safeguards or measures designed to restrict access to Restricted Models. Any breach of this Section 5.7 is considered a material breach subject to immediate suspension and/or termination of your access to the Service.
As between yourself and AccGPT, these Terms govern the parties' rights and obligations with respect to the Service. The applicable Model Terms govern your, your authorized users', and your customers' access to and use of the applicable Model to the extent required by the applicable Model Provider. AccGPT does not modify, waive, or limit any Model Terms unless expressly stated in writing.
You will promptly provide any information, certifications, notices, consents, or other materials reasonably requested by AccGPT to confirm or support your compliance with applicable Model Terms. Your failure to provide such information may result in suspension or restriction of access to the applicable Model or the Service.
You may provide input into the Services, which may include images, data, text, and other types of work ("Input") and receive an output from the Services based on your Input ("Output", and collectively, the Input and Output are "User Content"). By making any User Content available through the Service, you hereby grant to AccGPT a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify (for formatting purposes only), your User Content solely in connection with operating and providing the Service. You retain copyright and any other proprietary rights that you may hold in the Input. Your ownership rights in the Output are set forth in the Model Terms for each Model you use.
If you have opted into prompt logging in your account settings, chat logging is also automatically enabled, and you grant AccGPT a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for formatting purposes, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, for purposes of providing the Services to you and for our own commercial and business purposes. This license provides AccGPT permission to: (1) log and store your User Content; (2) log, copy, store, and distribute your Inputs and associated tokens for purposes of debugging; and (3) license or sell your User Content in anonymized form, where your User Content is not associated with you or your account.
Private Prompt Storage is a feature on the Service that allows you to privately save your User Content so you can review them later, such as for debugging purposes. If you have enabled Private Prompt Storage, you grant AccGPT a worldwide, revocable, non-exclusive, royalty-free, fully paid right and license to host, store, copy, and use your User Content solely for purposes of displaying the User Content to you. The User Content is only visible to your Admin User if you are part of an organizational account, or only to you if you have an individual account.
Some features on the Service allow you to make User Content publicly available through hyperlinks or other comparable functionality ("Shared User Content"). You agree that Shared User Content will be accessible by and available to all individuals to whom you provide access. Consequently, you understand and agree that such users will have the right to view and copy your Shared User Content. You grant AccGPT all rights necessary to make your Shared User Content available to other individuals and to permit those individuals to engage in the activities described in this Section.
AccGPT may use a hosted model for categorizing Inputs that does not store or log any Inputs provided to it. In using the Service, you grant to AccGPT a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to use, host, reproduce, and prepare derivative works of your Inputs in anonymized form, solely for tracking and sharing user metrics on the Site on an ongoing basis. Unless explicitly opted in to prompt logging, we do not store your Inputs after categorizing them and do not associate the categorized Inputs with any specific user or organizational account.
You are solely responsible for your Inputs and the consequences of providing Inputs. By providing Inputs, you affirm, represent, and warrant that:
We are under no obligation to edit or control Inputs that you or other users post or publish, and will not be in any way responsible or liable for Inputs. AccGPT may, however, at any time and without prior notice, screen, remove, edit, or block any Inputs that in our sole judgment violate these Terms or are otherwise objectionable or illegal. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against AccGPT with respect to the Inputs. We expressly disclaim any and all liability in connection with User Content. For clarity, AccGPT does not permit copyright-infringing activities on the Service.
We strive to accurately provide to the Models the country of your originating request when accessing the Site using APIs. However, due to limitations of currently available technology, it is not always possible to accurately represent your country of origin, and this limitation may affect your ability to use the Service. You understand and agree that AccGPT is not responsible for any incorrect location reporting to the Models.
BY USING THE SERVICE, YOU AGREE NOT TO:
As Red Teaming is a violation of many Model Terms, AccGPT allows Red Teaming only for legitimate research purposes and requires users interested in Red Teaming to first submit a written request. Any unauthorized Red Teaming will be flagged by AccGPT's and Model Providers' monitoring systems and is likely to result in account and access termination. If you would like to conduct Red Teaming exercises, please contact us at HERE to submit an appropriate request. AccGPT will review each request and respond, typically within five (5) business days. Approval is granted on a case-by-case basis and is not guaranteed.
You may terminate your account at any time by contacting us. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically, and any unused Credits will not be refunded.
In addition, AccGPT may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. Except for AccGPT's termination of your account for violation of these Terms, any Credits remaining in your account upon termination will be refunded to you through your original payment method within thirty (30) days of termination.
Please read the AccGPT Privacy Policy and API Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information on the Site. The AccGPT Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
If you are part of and represent an organization in entering into these Terms or use the Service for commercial, for-profit purposes, please contact us regarding our Data Processing Agreement ("DPA") relating to our processing of your Personal Data. The DPA, where applicable, is incorporated by reference into, and made a part of, these Terms.
AccGPT or third parties may distribute products, services, tools, or software functionality that interoperate, integrate, or connect with the Service and your account, that you may access and use in conjunction with the Service (collectively, "Non-AccGPT Services"). Your use or purchase of these Non-AccGPT Services, and any data exchanged in connection with such use, is solely between you and the applicable third-party provider and is governed by that third party's terms of service, privacy notice, and/or any other terms or policies. AccGPT does not make any representations, warranties, or guarantees regarding Non-AccGPT Services, their providers, their availability, or their conformity to your security or compliance requirements. AccGPT is not responsible for any disclosure, modification, or deletion of User Content resulting from access by any Non-AccGPT Services, or other losses arising out of or in connection with Non-AccGPT Services.
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or Non-AccGPT Services. Non-AccGPT Services are offered as part of the Service subject to their respective third-party terms, which you are responsible for reviewing and accepting independently.
While AccGPT reserves the right to modify these Terms of Service at any time, for changes to these Terms that materially modify your rights or obligations, we will attempt to provide you at least fourteen (14) days advance notice via email or an in-product notification. Your continued use of the Service following receipt of notice constitutes your consent to these material changes. All other changes will be effective as soon as we post them to our Site. Please check these Terms periodically for changes. If you do not agree to the changes, you must stop using our Service. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
The Service is owned and operated by AccGPT. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by AccGPT are protected by intellectual property and other laws. All Materials included in the Service are the property of AccGPT or our third-party licensors. Except as expressly authorized by AccGPT, you may not make use of the Materials. AccGPT reserves all rights to the Materials not granted expressly in these Terms.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant AccGPT an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
"Confidential Information" means information not generally known to the public that is (i) made available or disclosed by a Disclosing Party to a Receiving Party in writing and (ii) designated by the Disclosing Party in writing as Confidential. Without limiting the foregoing, AccGPT's Confidential Information also includes the non-public aspects of the Service and any related product or future product plans, technology and other technical information, and business negotiations. Notwithstanding anything to the contrary herein, Confidential Information does not include any information that: (1) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (2) was known to the Receiving Party before receipt from the Disclosing Party without breach of any obligation; (3) is lawfully received by the Receiving Party from a third party without breach of any obligation owed to the Disclosing Party; or (4) was independently developed by the Receiving Party without breach of an obligation owed to the Disclosing Party; or any Feedback.
You or AccGPT (as the "Disclosing Party") may disclose or make available Confidential Information to the other party (as the "Receiving Party") in connection with these Terms. The Receiving Party will use the same degree of care as to the Disclosing Party's Confidential Information that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) and will: (i) use the Confidential Information of the Disclosing Party only in connection with the Service; and (ii) limit access to the Confidential Information of the Disclosing Party to those individuals who need such access for purposes related to the Service and who are subject to confidentiality obligations no less stringent than those in these Terms. The Receiving Party may disclose Confidential Information if compelled by law to do so, provided that it gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and takes reasonable steps to limit such disclosure.
You are responsible for your use of the Service, and you will defend and indemnify AccGPT and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the "AccGPT Entities") from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ACCGPT ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ACCGPT ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. FOR CLARITY, THE ACCGPT ENTITIES DO NOT WARRANT THAT THE OUTPUT WILL BE AVAILABLE FOR YOUR INTENDED USE OR SUITABLE FOR A PARTICULAR PURPOSE, INCLUDING WITHOUT LIMITATION ANY REGULATED, HIGH-RISK, SAFETY-CRITICAL, LEGAL, MEDICAL, FINANCIAL, EMPLOYMENT, OR CUSTOMER-FACING USE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ACCGPT ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING OUTPUTS, IMPLEMENTING APPROPRIATE HUMAN REVIEW AND SAFEGUARDS, AND DETERMINING WHETHER ANY MODEL, MODEL TERMS, INPUT, OUTPUT, OR USE CASE IS APPROPRIATE FOR YOUR BUSINESS, LEGAL, SECURITY, PRIVACY, AND COMPLIANCE REQUIREMENTS. ACCGPT MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY MODEL PROVIDER'S DATA HANDLING, RETENTION, TRAINING, SECURITY, AVAILABILITY, OR INTELLECTUAL PROPERTY PRACTICES.
Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
IN NO EVENT WILL THE ACCGPT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ACCGPT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF THE ACCGPT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO ACCGPT FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between you and AccGPT under these Terms. This allocation is an essential element of the basis of the bargain between you and AccGPT. Each of these provisions is severable and independent of all other provisions of these Terms.
These Terms are governed by the laws of the State of Colorado without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and AccGPT agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Boulder County, Colorado for the purpose of litigating any dispute. We operate the Service from our offices in Colorado, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
In the interest of resolving disputes between you and AccGPT in the most expedient and cost effective manner, you and AccGPT agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ACCGPT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of Section 19.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and AccGPT will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting AccGPT.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail ("Notice"). AccGPT's address for Notice is: AccGPT, c/o Geoffrey L. Griffith, Colorado, United States. Please contact us for the current mailing address. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or AccGPT may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or AccGPT must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, AccGPT will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by AccGPT in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000.
If you commence arbitration in accordance with these Terms, AccGPT will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Boulder County, Colorado, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
YOU AND ACCGPT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AccGPT agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
If AccGPT makes any future change to this arbitration provision, other than a change to AccGPT's address for Notice, you may reject the change by sending us written notice within 30 days of the change to AccGPT's address for Notice, in which case your account with AccGPT will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
If Section 19.6 is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 18 will govern any action arising out of or related to these Terms.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and AccGPT regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 2, 4, 6, and 10 through 21, along with the Privacy Policy and any other accompanying agreements, will survive.
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
For any inquiries regarding these API Terms of Use, please contact our Legal & Privacy team.
Data Controller: Geoffrey L. Griffith, AccGPT | Contact AccGPT
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