By accessing, browsing, or otherwise using TopGChat (hereinafter referred to as "the Service", "our Service", "the Platform", or "TopGChat"), whether as a registered user or a guest visitor, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (the "Agreement" or "Terms"), as well as our Privacy Policy, which is incorporated herein by reference. This Agreement constitutes a legally binding contract between you (the "User", "you", or "your") and TopGChat (the "Company", "we", "us", or "our").
If you do not agree with any provision of these Terms and Conditions, you must immediately cease all use of the Service and refrain from accessing the Platform. Continued use of the Service following any amendment to these Terms shall constitute your acceptance of such amendments. You represent and warrant that you have the legal capacity to enter into this Agreement and that you are at least 18 years of age or have reached the age of majority in your jurisdiction.
These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, contributors of content, information, and other materials or services on the Service. Your use of the Service is also subject to any additional terms, policies, and guidelines that may be posted on the Platform from time to time, all of which are incorporated into these Terms by reference.
TopGChat operates as a comprehensive artificial intelligence interface platform that provides users with unified access to multiple leading AI language models and generative systems. The Service integrates with, but is not limited to, OpenAI's GPT models (including GPT-4, GPT-4 Turbo, and future iterations), Anthropic's Claude models (including Claude 3 Opus, Claude 3.5 Sonnet, and subsequent versions), and Google's Gemini AI models (including Gemini Pro, Gemini Flash, and related variants). Through this integration, the Service enables users to engage in conversational interactions, request analysis of various data types, generate written content, process and analyze uploaded documents and images, and create multimedia content including synthetic images and videos.
The Platform provides functionality for organizing conversations into discrete projects, each of which may contain multiple chat sessions with customizable system instructions and parameters. Users may upload files including but not limited to images in JPEG, PNG, and WebP formats, documents in PDF format, and text files for analysis and processing by the underlying AI models. The Service also facilitates the generation of images through integration with DALL-E, Stable Diffusion, and Imagen models, as well as video generation through models such as Sora and Veo, subject to availability and the user's credit balance.
The Service implements a sophisticated streaming architecture that delivers AI-generated responses in real-time, providing users with immediate feedback during longer generation processes. All conversations, files, and generated content are stored on our servers and associated with your user account or anonymous session identifier, enabling persistent access to your interaction history. The Platform calculates and displays token usage in real-time, providing transparency regarding the computational resources consumed by each interaction and the corresponding deduction from your credit balance.
Access to certain advanced features of the Service requires the creation of a user account through our registration process. When registering for an account, you must provide accurate, complete, and current information including a valid email address and secure password meeting our minimum security requirements. You acknowledge that the email address provided during registration will serve as your primary identifier and the means through which we communicate important information regarding your account, including security notifications, billing statements, and service updates.
You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for restricting access to your computer, mobile device, or other access points to prevent unauthorized use of your account. You accept responsibility for all activities that occur under your account or password, whether or not you have authorized such activities. You agree to immediately notify TopGChat of any unauthorized use of your account or any other breach of security of which you become aware. The Company shall not be liable for any loss or damage arising from your failure to comply with these security obligations.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, including but not limited to situations where we believe the account has been compromised, is being used fraudulently, or is being used in violation of these Terms. You may not use another user's account without permission, and you may not create an account using false or misleading information. Each user is permitted to maintain only one active account unless explicitly authorized by TopGChat for legitimate business purposes. The creation of multiple accounts to circumvent usage limits, billing requirements, or service restrictions is strictly prohibited and may result in immediate termination of all associated accounts without refund.
The Service operates on a prepaid credit-based system wherein registered users purchase credits that are subsequently consumed based on usage of AI models and features. Anonymous or unregistered users are provided with a limited allocation of five (5) complimentary messages as a trial of the Service, tracked via browser-based identifiers and device fingerprinting to prevent abuse. Upon exhaustion of this free tier allocation, continued use requires account registration and credit purchase.
Credit consumption is calculated on a per-interaction basis using a complex algorithmic formula that accounts for multiple variables including the number of input tokens submitted to the AI model, the number of output tokens generated in response, the specific AI provider and model variant selected for the interaction, and any additional computational resources required for specialized features such as vision processing, function calling, or extended context windows. Different AI models have different per-token costs reflecting their varying computational requirements and licensing fees imposed by third-party providers. Image generation features consume credits on a per-image basis, with costs varying based on resolution, quality settings, and the specific generative model employed. Video generation features consume credits calculated based on the duration of generated video content measured in seconds, the resolution and quality parameters selected, and the particular video generation model utilized.
All financial transactions for credit purchases are processed through Stripe, Inc., a third-party payment processor. By purchasing credits, you agree to Stripe's Terms of Service and acknowledge that your payment information will be processed in accordance with Stripe's Privacy Policy. TopGChat does not store complete credit card numbers or sensitive payment information on its servers. Credit purchases are available in predetermined increments of ten dollars ($10.00 USD), twenty-five dollars ($25.00 USD), fifty dollars ($50.00 USD), and one hundred dollars ($100.00 USD), with the corresponding credit allocation determined by current pricing schedules available on the Platform.
Credits are non-refundable, non-transferable, and have no cash value. Once purchased, credits remain valid in your account indefinitely unless the account is terminated for violation of these Terms. We reserve the right to modify our pricing structure, credit costs for specific features or models, and credit package offerings at any time without prior notice. Changes to pricing will apply to future credit purchases only and will not retroactively affect existing credit balances. In the event of a pricing decrease, users are not entitled to refunds or credit adjustments for previously purchased credits. All fees are exclusive of applicable federal, state, local, or foreign taxes, duties, or similar governmental assessments, including value-added tax, goods and services tax, sales tax, and similar taxes (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases.
Your use of the Service must comply with all applicable local, state, national, and international laws, regulations, and conventions. You agree not to use the Service to generate, transmit, store, or facilitate content or activities that violate any applicable law or regulation, including but not limited to laws governing intellectual property rights, data protection and privacy, export control, consumer protection, unfair competition, anti-discrimination, or false advertising. You shall not use the Service to engage in, promote, or facilitate illegal activities of any nature whatsoever.
You expressly agree not to use the Service to create, generate, or disseminate content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. This prohibition extends to content that exploits or harms minors in any way, depicts or promotes violence or violent extremism, contains malware or other malicious code, impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, or violates the intellectual property rights or other proprietary rights of any third party.
You shall not attempt to gain unauthorized access to the Service, other users' accounts, or computer systems or networks connected to the Service through hacking, password mining, or any other means. You agree not to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service. You shall not use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including through the transmission of viruses, worms, logic bombs, trojan horses, or other material that is malicious or technologically harmful.
Commercial use of the Service without our express written consent is strictly prohibited. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service for any commercial purposes. You may not use automated systems including but not limited to robots, spiders, scrapers, or offline readers to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period using a conventional web browser. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service, except to the extent such restriction is expressly prohibited by applicable law.
The Service functions as an intermediary platform that facilitates user access to artificial intelligence models and services provided by independent third-party entities including but not limited to OpenAI, L.L.C., Anthropic PBC, and Google LLC (collectively, "AI Providers"). Your use of these underlying AI models through our Service is subject to the respective AI Providers' terms of service, acceptable use policies, and other applicable terms and conditions. You acknowledge and agree that TopGChat does not own, control, or operate these AI models and that we function solely as a conduit for transmitting your queries to these third-party services and returning their responses to you.
TopGChat makes no representations or warranties regarding the availability, reliability, accuracy, completeness, or quality of responses generated by third-party AI models. The content, recommendations, analyses, and other outputs produced by AI Providers are generated through algorithmic processes that are beyond our control and may contain errors, inaccuracies, biases, or inappropriate content. We are not responsible for any content generated by AI models accessed through our Service, and such content does not reflect the views, opinions, or positions of TopGChat. You acknowledge that AI-generated content may be subject to copyright, patent, trademark, or other intellectual property claims by third parties, and you assume all risk and liability arising from your use of such content.
The availability of specific AI models, features, or capabilities through the Service is dependent upon our ongoing relationships with AI Providers and their continued operation of their respective services. We reserve the right to add, modify, or remove AI providers or specific models from the Service at any time without prior notice. In the event that an AI Provider discontinues a model that you have been using, experiences technical difficulties, or terminates our access to their services, we shall not be liable for any resulting interruption to your use of the Service. We do not guarantee that any particular AI model or provider will remain available through the Service for any specified duration.
The Service and all materials contained therein, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the compilation thereof (collectively, "Service Content"), are the property of TopGChat or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Service Content is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of TopGChat or the respective copyright owner.
You retain all ownership rights to content that you submit, upload, or transmit to the Service ("User Content"), including but not limited to text prompts, uploaded files, images, documents, and other materials. By submitting User Content to the Service, you grant TopGChat a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with providing the Service to you and for the operation of our business, including but not limited to processing your queries through third-party AI Providers, storing your conversation history, and improving our services. This license continues even after you stop using our Service for User Content that you have shared with other users or that has been incorporated into derivative works.
The ownership and intellectual property rights of AI-generated content created through your use of the Service are subject to complex legal considerations and the terms of service of the respective AI Providers. Some AI Providers grant users ownership or broad usage rights to AI-generated content, while others retain certain rights or impose specific restrictions. You are responsible for reviewing and complying with the terms of service of the specific AI Provider used to generate any content. TopGChat makes no representations or warranties regarding your ownership rights or license to use AI-generated content and disclaims all liability for any intellectual property disputes arising from your use of such content. To the extent permitted by the terms of the underlying AI Providers, and subject to your compliance with these Terms, you may use AI-generated content in accordance with the applicable AI Provider's terms.
The collection, use, storage, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and available at /privacy. By using the Service, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, and disclosure of your personal information as described therein. You warrant that all personal data and information you provide to us is accurate, complete, and current, and you agree to promptly update such information as necessary to maintain its accuracy.
You acknowledge and agree that in order to provide the Service, we must transmit your User Content, including prompts, uploaded files, and other input data, to third-party AI Providers for processing. These transmissions are necessary for the core functionality of the Service and constitute an essential element of the service we provide. Each AI Provider maintains its own data handling practices, privacy policies, and security measures, over which TopGChat exercises no control. We strongly recommend that you review the privacy policies and data processing terms of OpenAI, Anthropic, Google, and any other AI Providers whose services you access through our Platform to understand how they collect, use, and protect your data.
We implement commercially reasonable technical and organizational security measures designed to protect your personal information and User Content from unauthorized access, disclosure, alteration, or destruction. These measures include encryption of data in transit using industry-standard protocols, secure storage of passwords using cryptographic hashing algorithms, regular security assessments and updates, and restricted access to personal information on a need-to-know basis. However, you acknowledge that no method of transmission over the Internet or method of electronic storage is completely secure, and we cannot guarantee absolute security of your information. You use the Service at your own risk and are responsible for implementing appropriate security measures for your own systems and devices.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TOPGCHAT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TOPGCHAT OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Without limiting the foregoing, TopGChat does not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, that the Service or the servers that make it available are free of viruses or other harmful components, or that the use of the Service will meet your requirements. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Service, including AI-generated content. You acknowledge that AI models may produce outputs that are factually incorrect, biased, inconsistent, inappropriate, or potentially harmful, and you agree that you use such outputs entirely at your own risk.
AI-generated content should not be considered as professional advice of any kind, including but not limited to legal, medical, financial, tax, or investment advice. You should not rely on AI-generated content for making important decisions without consulting with qualified professionals in the relevant field. TopGChat expressly disclaims any liability for actions you take or fail to take based on content generated through the Service. The Service is intended for general informational and productivity purposes only and should not be used as a substitute for professional judgment, expertise, or services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOPGCHAT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS, OR CONTENT PROVIDERS (COLLECTIVELY, THE "TOPGCHAT PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF THE TOPGCHAT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The TopGChat Parties shall not be liable for any damages, liability, or losses arising from your use of or reliance on AI-generated content, including but not limited to inaccuracies, errors, omissions, defamatory or offensive content, violations of third-party rights, or any other harmful aspects of such content. You acknowledge that you are solely responsible for evaluating the accuracy, completeness, and usefulness of all AI-generated content and for verifying any information before relying on it. The TopGChat Parties shall not be liable for any unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Service, or any transactions entered into through the Service.
Notwithstanding anything to the contrary contained herein, the TopGChat Parties' liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to TopGChat for the Service during the six (6) month period prior to any cause of action arising. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, the TopGChat Parties' liability shall be limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless the TopGChat Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from your violation of these Terms, your use of the Service, your User Content, your violation of any rights of another, or your violation of any applicable laws, rules, or regulations. TopGChat reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TopGChat in asserting any available defenses.
TopGChat reserves the right at any time and from time to time to modify, temporarily or permanently suspend, or discontinue the Service (or any part thereof) with or without notice and without liability to you or any third party. Modifications may include but are not limited to changes to available features, user interface elements, AI models and providers, pricing structures, credit costs, usage limits, storage allocations, and technical infrastructure. We may also impose limitations on certain features or restrict your access to parts or all of the Service without notice or liability.
You agree that TopGChat shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service. In the event of a permanent discontinuation of the Service, we will make reasonable efforts to provide advance notice where practicable, but we are under no obligation to do so. Upon discontinuation of the Service, your right to use the Service will immediately cease, and we may delete all data associated with your account, including conversation history, uploaded files, projects, and other content. It is your responsibility to export and maintain backup copies of any data or content you wish to preserve.
TopGChat reserves the right, in its sole discretion, to terminate or suspend your account and your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to breach of these Terms, suspected fraudulent activity, abuse of the Service, violation of the Acceptable Use Policy, prolonged inactivity, or for any other reason we deem appropriate. Upon termination, your right to use the Service will immediately cease, and any data associated with your account may be deleted from our systems. Termination of your account does not entitle you to any refund of unused credits or any other compensation.
You may terminate your account at any time by discontinuing use of the Service and requesting account deletion through our support channels. Upon your request for account deletion, we will deactivate your account and remove your personal information from our systems in accordance with our Privacy Policy and applicable data protection laws, except to the extent we are required or permitted to retain such information by law. Termination of your account, whether by you or by us, does not relieve you of any obligations incurred prior to termination. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.
These Terms and any dispute or claim arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the internal laws of the State of Delaware, United States of America, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, and you waive any objection to venue in such courts and any claim that such courts are an inconvenient forum.
You and TopGChat agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and TopGChat each waive any right to a jury trial. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
TopGChat reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time. We will make reasonable efforts to provide notice of material changes to these Terms by posting the updated Terms on the Service and updating the "Last updated" date at the top of this page. For substantial changes that materially affect your rights or obligations, we may provide additional notice such as email notification to the address associated with your account, provided at least thirty (30) days before the new terms take effect.
Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to check these Terms periodically for changes. If you do not agree to the modified Terms, you must stop using the Service. No amendment to or modification of these Terms will be binding unless in writing and signed by an authorized representative of TopGChat, or posted on the Service by TopGChat.
These Terms constitute the entire agreement between you and TopGChat regarding the use of the Service and supersede all prior and contemporaneous written or oral agreements between you and TopGChat. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and TopGChat's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without the prior written consent of TopGChat. Any attempted assignment in violation of this provision shall be null and void. TopGChat may freely assign these Terms and its rights and obligations hereunder without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. The section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TopGChat without restriction. Any purported assignment by you in violation of this section shall be void. No agency, partnership, joint venture, fiduciary, or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind TopGChat in any manner.
If you have any questions, concerns, or complaints regarding these Terms and Conditions, or if you need to provide legal notice to TopGChat, please contact us through the support channels available on the Service. All formal legal notices should be sent in writing to our registered agent for service of process. We will make reasonable efforts to respond to inquiries within a reasonable timeframe, although we cannot guarantee response times for all communications.
For copyright infringement claims under the Digital Millennium Copyright Act (DMCA), please submit your notice to our designated copyright agent with all required information as specified by law. We will respond to legitimate copyright notices in accordance with the DMCA and may terminate the accounts of users who are repeat infringers.