Terms of Service

Published and effective on: April 30, 2023

Welcome to SynthMind

This Service Agreement (including all of its updates, supplements, and additional terms, the “Agreement”) is a binding agreement between you (“you/your”) on one part and METAVERSE CLOUD PTE. LTD., SYNTHMIND Hong Kong Limited, and affiliated companies (“we/our/us”) on the other part, regarding your use of our products and services (including but not limited to our programmable interfaces, software, tools, data, and websites, hereinafter referred to as the Services). Please carefully read and fully understand the terms of this Agreement before using the services.

By ticking “this Agreement” on the registration page, you have read all terms of this Agreement, particularly the terms marked in bold, agreed to be bound by this Agreement, and accurately understood the legal meaning of the rights, obligations, or limitations or exclusions of liability as provided in this Agreement. This Agreement will be formed and become effective after you tick it. By using the services offered by us, you have agreed to this Agreement. During your use of our services, this Agreement will fully govern the rights and obligations between you and us.

In addition to this Agreement, the SYNTHMIND.AI (hereinafter referred to as SynthMind) platform will publish other rules and regulations, such as the Privacy Policy that describes how we collect and use personal information. Any provisions of other rules and regulations published by the SYNTHMIND.AI platform shall be followed; for matters not mentioned in such rules and regulations, this Agreement shall prevail. This Agreement also includes other documents, guidelines, or policies that we may provide.

The SYNTHMIND.AI platform only offers services to any individual aged 18 or older who has full civil capacity and any legal person or other organization that is duly incorporated and validly existing pursuant to the laws of its domicile and is able to fulfill its obligations under this Agreement. If you do not qualify as a service object, please do not continue to use our services, and we will have the right to cease offering the services to you at any time. You shall guarantee the authenticity of your identity information with which you provide us and perform the verification of the true identity information conducted by us from time to time.

1. Registration and Access

1.1 Registration:

When you read and agree to this agreement, fill in the corresponding information, and register successfully, you will become a user of SynthMind. To provide you with corresponding services, you should provide your name, email address, and mobile phone number truly, accurately, and effectively as required by us so that we can communicate with you.

In order to ensure the validity of your information, you should promptly update it when relevant information changes. In accordance with relevant legal requirements, we will conduct corresponding verifications on the information you provide to ensure its timeliness, authenticity, and completeness. If we fail to contact you based on the information you provided, you will be responsible for the adverse consequences.

We are not responsible for any related problems caused by your registration information being untrue or not updated in a timely manner. You can query and correct your information through our account settings page. You should authenticate and register an account with your real identity information, and the account name, avatar, profile, and other registration information you submit must not contain illegal or harmful information.

After our review, if the above situation exists, we will not register; at the same time, after registration, if we find that you used false information to obtain an account name, or your account avatar, profile, and other registration information contain illegal and harmful information, we will have the right to unilaterally take measures such as correction within a time limit, suspension of use, termination of use, etc., without notice. When you fill in the information as prompted on the registration page, read and agree to the terms of this agreement, and complete the entire registration process, you can obtain a SynthMind account and become a SynthMind user.

1.2 Account Use:

You must meet the qualifications required by the SynthMind platform to use the service. If you use the Services on behalf of another third party or entity, you must have the authority to accept these Terms on their behalf. You must provide accurate and complete information to register for an account. You may not provide your ID or account to other third parties, and you are responsible for all actions that occur using your account.

You understand and agree: If you successfully register for the SYNTHMIND.AI platform, your SYNTHMIND.AI account and password can log in to the Botbeat platform (including but not limited to Botbeat APP) to use the products/services of the Botbeat platform, and you agree to the Botbeat platform's Botbeat User Services Agreement.

1.3 Account Custody and Retrieval:

The SynthMind account includes an account name and password. You can use the set account name (including account ID, mobile phone number) and password to log in. Please keep your account safe. You will be responsible for any losses caused by your active disclosure or theft by a third party. If your account is lost due to personal reasons, if you need to retrieve your SynthMind account, please provide the corresponding information according to the SynthMind account retrieval process, and ensure that the information you provide is legal, true, and valid. If the information you provide does not meet the requirements, you will not be able to pass the security verification, and we have the right to refuse to provide account recovery services.

If the SynthMind account you are currently using is not the one you initially applied for registration or obtained through other means provided by SynthMind, but you know the current password of the SynthMind account, you are not allowed to log in or perform any operations with the SynthMind account, and please notify us or the initial applicant for the SynthMind account as soon as possible.

1.4 Account Transfer:

1.4.1: You may use your SynthMind account within the scope of this agreement. You may not register a SynthMind account maliciously and may not donate, borrow, rent, transfer or sell your SynthMind account with or without compensation or otherwise allow non-initial applicants to use SynthMind account. We have the right to independently judge and handle the above-mentioned actions, and you shall bear any responsibilities arising therefrom. At the same time, we reserve the right to pursue the legal liability of the above-mentioned perpetrators, and all responsibilities arising therefrom shall be borne by you.

1.4.2: We have the right to take the following measures against you in accordance with laws and regulations:

1.4.2.1: If you violate laws, regulations, individual terms, or business rules of SynthMind, we have the right to make independent judgments and take corrections within a time limit, suspend use, terminate your use of SynthMind account at any time, and decide whether to resume use based on the actual situation.

1.4.2.2: In accordance with these rules or relevant laws and regulations, we will correct, suspend or terminate your use of SynthMind account within a time limit, resulting in losses to you (including but not limited to service interruption, clearing of user information, emails, and related data, etc.). shall be borne by you.

1.5 Account Recovery:

In order to prevent resource occupation, if you have not used your SynthMind account for 24 consecutive months or have not logged in to your account through other methods approved by SynthMind, we have the right to cancel the account, and you will no longer be able to log in or use the account. Related Services. If there are pending transactions or balances associated with this account, we will assist you within a reasonable range. Please operate according to the instructions of SynthMind.

1.6 Account Security:

Your account is set up by you and is kept by you. We will never proactively ask you to provide your account password at any time. It is recommended that you take specific measures to protect the security of your account, including but not limited to installing anti-virus and Trojan software, changing passwords regularly, and other measures.

1.7 Account Cancellation:

1.7.1: When you need to terminate the use of SynthMind account services, you can apply to cancel your SynthMind account if the following conditions are met:

1.7.1.1: You can only apply to cancel your own account and cancel according to SynthMind's process;

1.7.1.2: You can only apply to cancel your own account and cancel according to SynthMind's process;

1.7.1.3: You can only apply to cancel your own account and cancel according to SynthMind's process;

2. Requirements for Use

(a) Use of the Services:

You may access the services in accordance with this Agreement, and we will grant you a non-exclusive right to use the services. Our services may involve access to third-party AI services, and you shall agree and undertake to comply with the provisions of all corresponding agreements (including but not limited to Terms of Use), use policies (including but not limited to Usage Policies), and other applicable laws and regulations with respect to such third-party AI services. We and our affiliates have all rights, ownership, and interests in the services.

If we discover that you have breached the aforementioned agreements, use policies, or other applicable laws and regulations when you use the services, we may request you to make necessary corrections. If you repeatedly breach or materially breach them, we may take further measures, including but not limited to restricting, suspending, or terminating your account.

(b) Feedback:

We appreciate your feedback and suggestions for improvement. We will use your feedback and suggestions to enhance our products or services and for other reasonable business purposes.

(c) Restrictions:

You shall not: (i) use the services in a manner that infringes, misappropriates, or violates the rights of any third party; (ii) attempt to discover the models and algorithms of the services and the source codes or underlying components of the systems through reverse engineering, decompilation, disassembly, translation, or otherwise (unless such restrictions violate applicable laws); (iii) use the services to develop basic models or other large-scale models that compete with us; (iv) extract data from the services using any methods, including but not limited to web scraping, web harvesting, or web data extraction; (v) represent that the output of the service is artificially generated when, in fact, it is not; (vi) purchase, sell, or transfer API keys without our prior consent; or (vii) provide us with any personal information regarding minors. You shall comply with any rate limitation and other requirements specified in our and third-party AI service providers’ documentations.

(d) Third-party Services:

Any third-party software, services, or other products you use in connection with the services are subject to their own terms, and we will not assume any responsibility or make any undertaking for third-party products.

(e) User Behavior:

As a condition of use, you agree not to use the services for any purpose prohibited by this Agreement or applicable laws. You shall not (and shall not allow any third party to): (i) infringe any patents, trademarks, trade secrets, copyrights, or other similar rights of any third party; (ii) engage in threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, privacy-invading, infringing, obscene, offensive, or disrespectful behavior; (iii) send or make unauthorized or unsolicited advertising, spamming, or bulk emails, mass messaging, or phone calls; (iv) disrupt or attempt to disrupt the normal operation of the services or use the services in any manner not permitted by this Agreement; or attempt to engage in or participate in any potentially harmful behavior targeting the services, including but not limited to violating or attempting to violate any security features of the services, using manual or automated software or other methods to access, “scrape” or “crawl” any pages contained in the services, introducing viruses, worms, or similar harmful codes into the services, or interfering with or attempting to interfere with the use of the services by any other user, host or network through the ways including overloading, “spamming,” “mail-bombing,” or “crashing.”

(f) Monitoring and Execution:

We will have the right, but no obligation, to monitor or review the services and contents at any time and retain records of your use in accordance with the law. We generally do not monitor user activities related to the services or contents, but we reserve the rights to: (i) at our sole discretion, delete or refuse to publish any of your contents in accordance with applicable laws; (ii) take any actions we deem necessary or appropriate regarding any of your content if we believe that such content violates this Agreement, infringes the intellectual property rights or other rights of any third party, threatens the personal safety of service users or the public, or may cause us to incur losses; (iii) disclose your identity or other information to any third party who claims that materials posted by you infringe its rights, including its intellectual property rights or privacy rights; (iv) take appropriate legal actions against any illegal or unauthorized use of the services, including but not limited to referring such matter to law enforcement agencies; and/or (v) terminate or suspend your access to all or part of the services for any violation of this Agreement or mandatory requirements on the service use frequency or timing imposed by law.

3. Content

(a) Your Content:

You may provide input content (“Input Content”) to the services and receive output content (“Output Content”) generated and returned by the services based on your input content. Both “Input Content” and “Output Content” are referred to as the “Content”. You will have the right to input the Content to the extent permitted by applicable laws. Subject to all applicable laws and without infringement upon third-party rights, you may exercise all rights in the Output Content, and you will be responsible for the authenticity, accuracy, legality, and compliance of the Output Content.

By inputting the Content, you agree that we may collect your Input Content, including your personal information, for the purpose of providing the services. You shall guarantee that the Input Content, including but not limited to information, data, images, fonts, audio, video, materials, and codes, will be legal, compliant, true and accurate, and will not infringe the legitimate interests or intellectual property rights of any third party. You shall guarantee that the Input Content will not contain personal information, personal privacy, trade secrets, Confidential Information, or any other information that infringes the rights of any third party. If the legitimate interests of any third party are damaged or the Confidential Information or trade secrets are disclosed thereby, you shall solely bear all consequences and liability, and we will reserve the right to claim compensation from you for any losses, if any, caused to us, including but not limited to compensations to third parties.

You shall be responsible for the Content, including ensuring that it will not violate any applicable law and this Agreement. You are prohibited from using the Output Content to generate discriminatory content, harm the image or reputation of any third party, or damage their lawful rights and interests, and from engaging in commercial exploitation or improper marketing. You shall conduct appropriate manual reviews of the Output Content, especially when it is used for automated decision-making.

When using the Output Content, you shall add a mark, clearly indicating that the Output Content is generated by AI to avoid any misunderstanding by your customers or any third party.

(b) Your Files and Data:

You can upload your files and data to the servers designated by us based on their size and type parameters. Information related to your query is extracted from the uploaded data and files, and we will not interfere with the data and files you have uploaded.

(c) Similarity of Content:

Considering the inherent properties of machine learning, the Output Content may not be unique among users, and the services may generate the same or similar outputs for us or third parties. For example, you may provide the Input Content to the model, such as “What color is the sky”? and then receive the Input Content, such as “The sky is blue”. Other users may ask similar questions and receive the same response. Requests from other users and responses to them will not be considered as your Content.

(d) Use of Content:

We will not use your content for purposes other than the purpose of the service, and will only have access to those who have a need to know to provide the service, and ensure that our personnel assume confidentiality obligations

(e) Accuracy:

Both AI and machine learning are rapidly evolving fields of research. We keep trying our best to improve our services so that they become more accurate, reliable, safe, and beneficial. Given the probabilistic property of machine learning, the use of our services may generate incorrect output that cannot accurately reflect real individuals, locations, or facts in some cases. You shall assess the accuracy of any Output Content based on your use case, including conducting manual reviews of the Output Content.

(f) Complaints:

If you discover or become aware that any Output Content infringes any third party's rights to likeness, reputation or personality, personal privacy, trade secrets, or Confidential Information, please email compliance@synthmind.cc. We will take measures, including but not limited to notifying the infringer and making a reasonable judgment of infringement, suspending or ceasing the generation of the aforementioned infringing content, deleting or disabling the Content suspected of infringement, and potentially terminating the account of the repeat infringer. If there is a dispute with respect to infringement and you disagree with our reasonable judgment, you may initiate a lawsuit against the infringer with the court of competent jurisdiction in accordance with the law. The written claim of infringement shall include the following information

4. Fees and Payment

(a) SynthMind Credits:

SynthMind Credits are the virtual settlement unit of the SynthMind platform. When you engage with the AI Bot on the SynthMind platform, utilize AI speech recognition, knowledge vectorization indexing, knowledge vectorization storage, etc., corresponding SynthMind Credits will be deducted. SynthMind Credits are associated with your email account. The pricing of SynthMind Credits is subject to the rates displayed on the SynthMind platform.

(b) Service Models:

The SynthMind platform offers two service modes, each consuming different amounts of SynthMind Credits. The specific charging standards for these modes are subject to the pricing displayed on the SynthMind platform.

(c) SynthMind Developer Package:

The SynthMind platform provides developers with various subscription plan packages. You can choose different subscription plans for paid subscriptions to your designated development space based on current business conditions. Four subscription plan packages are available: Hobby, Growth, Standard, and Pro, with two subscription periods: monthly and annual. The subscription plan package's price is subject to the rates displayed on the SynthMind platform. After activating the relevant rights and interests for your designated development space according to the purchased subscription plan package, we do not support changing the development space ID, closing the package, downgrading the package, or issuing refunds.

(d) Pricing Changes:

You acknowledge and agree that we have the right to change the pricing displayed on the SynthMind platform at any time, and any pricing changes will take effect from the date we publish them. If we propose changes to our pricing, we will provide you with reasonable notice before the pricing changes. Your continued use of the Services after a pricing change becomes effective shall constitute your agreement to pay the changed pricing.

(e) Tax:

The service fee does not include tax; all taxes related to your SynthMind Credits recharge and paid subscription are your responsibility.

(f) Late Payment:

For late payments, a penalty of 0.05% of the overdue payment amount will be charged every day. If there are unpaid overdue fees, we may suspend your use of the Services and send you a late payment notification.

(g) Free Service Offerings:

Creating multiple accounts to exploit our free service offerings is prohibited. If we determine that you have registered multiple accounts with malicious intent to repeatedly obtain free service offerings, we may charge you at the standard price or cease providing access to the services.

5. Confidentiality, Security, and Data Protection

(a) Confidentiality:

You may gain access to Confidential Information owned by us, our affiliates, and other third parties. You are permitted to use Confidential Information solely for the purpose of using the services as outlined in this Agreement. You must not disclose Confidential Information to any third party and must safeguard it with a degree of care equal to that applied to your similar information, but never less than a reasonable level of care. Confidential Information includes non-public information designated as confidential by us or our affiliates, or information that should be treated as such. It excludes information that: (i) has been made public before disclosure; (ii) was disclosed to you before disclosure without fault on your part; (iii) is lawfully disclosed by a third party without confidentiality obligations; or (iv) is independently developed by you without using Confidential Information. You may disclose Confidential Information as required by law or valid orders of the court or other government authorities, provided you give us advance notice and make reasonable efforts to limit the disclosure scope, assisting us in challenging the request if needed.

(b) Security:

You are obligated to take reasonable and appropriate measures to ensure the security of your access to and use of the services. If you discover any vulnerabilities or violations related to your use of services, you must promptly notify us, providing details of such vulnerabilities or violations.

(c) Processing of Personal Data:

If your use of the services involves the processing of personal data, you must supply a legally adequate privacy statement and obtain necessary consent for processing such data. You must confirm to us that you are processing such data in compliance with applicable laws. If you are subject to the Personal Information Protection Law of the PRC, the General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (“CCPA”), or other laws and plan to use our services to process personal data or personal information as defined by these laws or any other legal framework, please contact compliance@synthmind.cc to execute the annex of our data processing.

6. Term and Termination

(a) Termination:

This Agreement takes effect upon your initial use of the services and remains in force until terminated. You have the right to terminate this Agreement at any time by discontinuing the use of the services and content, but any Fees paid are non-refundable. We reserve the right to terminate this Agreement for any reason, providing advance notice. Immediate termination may occur if you materially breach Section 2 (Requirements for Use), Section 5 (Confidentiality), Section 8 (Dispute Resolution), or Section 9 (General Terms). Additionally, termination may happen if our third-party AI service provider ends AI services, leading to the cessation of our services, or for compliance with laws or governmental requirements.

In cases where we identify violations of applicable laws, regulations, business ethics, or social morality in your use of the services—such as online manipulation, malicious postings and comments, spam emails, creation of malicious software, or unfair business marketing—we reserve the right to suspend or terminate service provision without notice.

(b) Effects of Termination:

Upon termination, you must cease using the services and promptly return or, as directed by us, destroy any Confidential Information. Clauses in this Agreement intended to survive expiration or termination, including but not limited to Section 3 and Sections 5 through 8, shall remain fully effective after expiration or termination.

7. Indemnification, Disclaimer, and Limitation of Liability

(a) Indemnification:

You are obligated to defend, indemnify, and hold SynthMind, our affiliates, and our personnel harmless from any claims, losses, costs, and expenses (including attorney’s fees) arising from or related to your use of the services, including your Content, and the products or services developed or provided by you in connection with our services, or your breach of this Agreement or any applicable laws.

(b) Disclaimer:

Our services utilize publicly available AI platforms, algorithms, and models (Third-party AI Service Providers) to generate Output Content based on your Input Content. You expressly understand and agree that, to the extent permitted by applicable laws, your use of the services is at your own risk. The services are provided on an as is and as available basis. SynthMind, our affiliates, and licensors disclaim any warranties, whether express, implied, statutory, or otherwise, regarding the services. This includes but is not limited to warranties of accuracy, completeness, truthfulness, applicability, legality, non-infringement, or utility. We do not guarantee that the services will be uninterrupted, accurate, or error-free, nor do we warrant the safety or non-alteration of any Content. Additionally, we shall not be liable for any unavailability of our services due to the unavailability of third-party AI services or the suspension or cessation of AI services by Third-party AI Service Providers.

(i) We make no warranties or guarantees that: (1) the services will meet your requirements; (2) your use of the services will be uninterrupted, timely, secure, or error-free; or (3) the results from the use of the services will be accurate, reliable, or free from false information.

(ii) You download Content from the services at your own risk and are solely liable for any damage to your property or other losses incurred as a result of accessing such Content.

(iii) The services may experience delays, cancellations, or disruptions. We make no warranties or guarantees regarding the quality, effectiveness, and other characteristics of the services.

(iv) Any advice or information provided by the Output Content generated from the services does not constitute news publication information, legal, financial, or medical advice. Before making significant decisions, consult with relevant professionals for advice. You assume all risks associated with reliance on the advice or information provided through the services.

(c) Limitation of Liability:

SynthMind, our affiliates, or licensors are not liable for any indirect, incidental, special, consequential, or exemplary damages, including compensation for lost profit, goodwill, data, or other losses, even if advised of the possibility of such damages. Our aggregate liability under this Agreement is limited to the total amount paid by you for the services giving rise to the claim within 12 months prior to the occurrence of liability. This limitation applies only to the greatest extent permitted by applicable laws.

8. Dispute Resolution

You agree to the following:

(a) Applicable Laws:

The formation, validity, interpretation, performance, termination, and modifications to this Agreement, as well as the settlement of any dispute in connection herewith, shall be governed by the laws of Singapore, without violating any mandatory provisions of other applicable laws.

(b) Informal Dispute Resolution:

Before resorting to formal legal action, you agree to attempt to resolve any disputes informally. Provide notice of your concerns to us at compliance@gptbots.cc, specifying your name, a description of the dispute, and the remedies you seek. If the dispute remains unresolved within 60 days, formal litigation may be initiated.

(c) No Class Actions:

Disputes may only be raised on an individual basis and may not be raised as a plaintiff or class member in any purported class, consolidated, or representative action. Class actions and the consolidation of lawsuits are not permitted, although this does not preclude any party from participating in the resolution of class claims.

(d) Jurisdiction:

The parties will negotiate to resolve any dispute arising from the use of the services. If a legal dispute cannot be resolved through negotiation, either party has the right to refer the dispute to the People’s Court of Nanshan District, Shenzhen, for resolution through litigation.

(e) Severability:

If any part of this Section 8 is deemed illegal or unenforceable, the remaining provisions shall remain in effect. However, if the investigation result of the illegal or unenforceable part allows a class action, this Section 8 will be entirely unenforceable.

9. General Terms

(a) Relationship of the Two Parties:

Nothing in this Agreement shall be interpreted as creating a partnership, joint venture, or agency relationship between you and us or any of our affiliates. Neither party has the right to bind the other or represent the other party to assume obligations without prior written consent.

(b) Use of Brand:

Without our prior written consent, you are prohibited from using our name, logo, or trademark, or that of any of our affiliates.

(c) Transfer and Assignment:

You may not transfer or assign any rights or obligations under this Agreement, including those related to a change in control. Any attempt to transfer or assign shall be void. We reserve the right to transfer this Agreement during a merger, acquisition, sale of assets, or corporate restructuring.

(d) Modifications:

We may modify this Agreement and our rules as needed based on legal enactments, Internet developments, and adjustments to our operations and business strategies. Notification of changes will be provided, and the latest version can be viewed on relevant pages. Material changes impacting your rights or obligations will be notified via message or email, taking effect within 10 days. Other changes become effective immediately upon publication. Continued use of the services after changes indicates your consent.

(e) Notice:

Notices may be given via message or email using your registration information related to service use. Email notices are considered received on the date sent.

(f) Waiver and Severability:

Failure to enforce this Agreement by either party and delayed actions shall not be deemed a waiver of rights. Except as provided in Section 8, if any provision is deemed illegal or unenforceable, it will be enforced to the maximum extent possible, and the enforceability of other provisions will not be affected.

(g) Export Controls:

No services may be used in or exported to Embargoed Countries or any other restricted parties list as defined by applicable laws. You represent that you are not located in an Embargoed Country/region or on any restricted parties list and agree to comply with all related laws.

(h) Entire Agreement:

This Agreement and any policies herein constitute the entire agreement between you and us regarding the use of the services, superseding any prior agreements, except for specific service use terms or applicable agreements.