Effective: October 23, 2024 (previous versions)
These Terms of Use apply if you live in the European Economic Area (EEA), Switzerland, or the United Kingdom. If you live outside the EEA, Switzerland, or the United Kingdom, these Terms of Use apply to you.
Thank you for using Staffex!
These Terms of Use (“Terms”) apply to your use of ChatGPT, DALL E, and other Staffex consumer services, and any related software applications, technology, and websites (“Services”), including personal, non-commercial consumer use of our Services. You are entering into a contract with us when you indicate your acceptance of these Terms or when you otherwise use the Services.

Our Business Terms ⁠ govern your use of ChatGPT Enterprise, our APIs, and our other enterprise and developer services.

Our Privacy Policy ⁠ explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document for you to read.
Who are we?
Staffex is an artificial intelligence research and implementation company. Our mission is to ensure that general-purpose artificial intelligence benefits all of humanity. For more information about OpenAI, visit https://openai.com/about . Our services are provided to you by:
Staffex Ireland Ltd, a company incorporated in the Republic of Ireland with its registered office at 1st Floor, The Liffey Trust Centre, 117-126 Sheriff Street Upper, Dublin 1, D01 YC43, Ireland, and company number 737350 if you are a resident of the EEA or Switzerland.
Staffex, LLC is a Delaware company with its registered office at 3180 18th Street, San Francisco, California 94110, United States and company number 7063675 if you are a UK resident.
Additional Terms Specific to Services
Depending on the specific Service or features you use, additional terms and policies specific to the Services may apply to your use of our Services. The key ones to be aware of, which are part of these Terms, are described below:

Usage Policy⁠ : This policy explains how you may use our Services and Content.
Terms of Service ⁠ : These terms apply when you use certain Services or features;
Distribution and Publication Policy ⁠ : This policy sets the rules for when you distribute Content;
Service Credits Terms ⁠ : These terms govern the purchase and use of Service Credits on our Services; and
Brand Guidelines ⁠ : These rules explain how you can use our name and logo.
Registration and Access
Minimum Age ⁠ : You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18, you must get permission from a parent or legal guardian to use the Services and have them review these Terms with you.
Registration ⁠ : You must provide accurate and complete information to register for an account to use our Services. You may not share your credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
Using our Services
What you can do. Subject to your compliance with these Terms, you may access and use our Services. When using our Services, you must comply with all applicable laws and the terms and policies related to the specific Services listed above.
What you can’t do. You may not use our Services for any illegal, harmful or offensive activity. For example, you are prohibited from:
Using our Services in a way that infringes, misappropriates or violates anyone’s rights.
Modifying, copying, renting, selling or distributing any of our Services.
Attempting or assisting anyone else to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms or systems (except to the extent this restriction is prohibited by applicable law).
Automatic or software extraction of data or output (defined below).
Pretending that output was generated by a human when it was not.
Interfering with or disrupting our Services, including bypassing any speed limits or restrictions, or bypassing any safeguards or security measures we have in place with our Services.
Using Output to develop models that compete with Staffex.
Software. Our Services may allow you to download software, such as mobile apps, which may update automatically so that you are using the latest version. Our software may include open source software that is governed by its own licenses that we have provided to you.
Corporate Domains. If you create an account using an email address that belongs to an organization (such as your employer), that account may be added to the organization’s business account with us, in which case we will notify you so that you can assist in transferring your account (unless your organization has already notified you that it may monitor and control your account). Once your account is transferred, the organization’s administrator will have control over your account, including your ability to access Content (defined below) and to limit or terminate your access to the account.
Third-Party Services. Our services may include third-party software, products, or services (“Third-Party Services”), and some parts of our services, such as the browsing feature, may include output from those services (“Third-Party Output”). Third-Party Services and Third-Party Output are subject to their own terms and conditions, and we are not responsible for them.
Contact Us. We value your feedback on our Services, but you agree that we may use it to provide, support, develop, and improve our Services without compensation to you.
Content
Your Content. You may provide input to the Services (“Input”) and receive output from the Services based on the Input (“Output”). Input and Output are collectively referred to as “Content.” You are responsible for the Content, including ensuring that it does not violate any applicable laws or these Terms. You represent and warrant that you have all rights, licenses, and consents necessary to provide Input to our Services.
Ownership of Content. As between you and Staffex and to the extent permitted by applicable law, you (a) retain your ownership rights in the Input and (b) own the Output. We hereby assign to you all of our right, title, and interest, if any, in and to the Output.
Similarity of Content. Due to the nature of our Services and artificial intelligence in general, Output may not be unique and other users may receive similar output from our Services. Our assignment above does not apply to the output of other users or any Output of third parties.
Our use of content. We may use your Content globally to provide, support, develop, and improve our Services, comply with applicable laws, enforce our terms and policies, and maintain the security of our Services. If you use ChatGPT through Apple integrations, please see this Help Center article⁠(opens in a new window)for information on how we handle your Content.
Opt out. If you do not want us to use your Content to train our models, you have the ability to opt out by updating your account settings. For more information, please see this Help Center article⁠(opens in a new window). Please note that in some cases, this may limit the ability of our Services to better meet your specific use case.
Accuracy. Artificial intelligence and machine learning are rapidly evolving areas of research. We are continually working to improve our Services to make them more accurate, reliable, secure, and useful. Given the probabilistic nature of machine learning, use of our Services may in some situations result in Output that does not accurately reflect real people, places, or facts.
By using our Services, you understand and agree:
Output may not always be accurate. You should not rely on the output of our Services as the sole source of truth or factual information or as a substitute for professional advice.
Before using or distributing Output from the Services, you should evaluate the accuracy and appropriateness of the Output for your use case, including by engaging a human as necessary.
You must not use any Output about an individual for any purpose that may have a legal or material effect on that individual, such as making credit, education, employment, housing, insurance, legal, medical, or other important decisions about that individual.
Our Services may provide Output that is incomplete, incorrect, or offensive and does not reflect the views of Staffex. If the Conclusion references any third party products or services, it does not mean that the third party endorses or is affiliated with Staffex.
Our Intellectual Property Rights
We and our affiliates own all right, title and interest in and to the Services. You may only use our name and logo in accordance with our Brand Guidelines .
Paid Accounts
Paid Subscriptions. Some of our Services allow you to purchase paid subscriptions to take advantage of enhanced features and functionality (“Benefits”). The exact nature of the Benefits varies by Service and will be explained to you prior to purchase. You can manage your paid subscription in your account settings.
Pricing:  All pricing, including subscription fees, will be explained to you prior to purchase.

Billing. If you sign up for a paid subscription or purchase any Services, you will provide complete and accurate payment information, including a valid payment method. For paid subscriptions, we automatically charge your payment method at each agreed upon recurring renewal until you cancel your subscription. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
Service Credits. You can pay for some Services in advance by purchasing Service Credits. All Service Credits are subject to our Service Credits Terms .
Cooling-Off Period. You have the right to cancel your purchase and request a refund, without giving a reason, within 14 days from the date of purchase (the “ Cooling-Off Period ”). The refund will cover the applicable subscription fee prorated from the date of your cancellation request to the end of the applicable subscription period for which you have paid. To cancel your subscription and request a refund, please contact Customer Service ⁠(opens in a new window) or complete and return a standard cancellation form ⁠ , or you can complete a standard cancellation form as described in the Termination and Suspension section below.
Cancellation. After the Cooling-Off Period, you may cancel ⁠(opens in a new window) a paid subscription at any time by updating your account settings. You will not be charged again after you cancel a paid subscription. You will continue to have access to the Benefits until the end of your paid subscription period, at which point your cancellation will take effect. Unless we state otherwise, you will not receive a refund or service credit for any days between the day you cancel and the last day of your paid subscription period.
Changes. We may change our prices from time to time. If we increase subscription prices, we will give you at least 30 days' notice, and any price increase will take effect at your next renewal, so that you can cancel your subscription if you do not agree to the price increase.
Termination and Suspension
Your Rights. You may stop using our Services and end your relationship with Staffex at any time simply by closing your account and stopping using the Services. Instructions on how to do this are available here⁠(opens in a new window).
EEA Consumer Right to Opt Out. If you are an EEA consumer, you may close your account and opt out of these Terms within 14 days of accepting them by contacting Customer Support (opens in a new window) or by completing and sending us a sample opt-out form .
Staffex Rights. We may take steps to suspend or terminate your access to our Services or close your account if we determine, acting reasonably and objectively:
You have breached these Terms or our Use Policy .
We must do this to comply with the law.
Your use of our Services may create risk or harm to Staffex, our users or anyone else.
Your account has been inactive for more than a year and you do not have a paid account.
Notice. If we close your account, we will use reasonable efforts to notify you in advance so that you can export your Content or data from the Services, unless it is impractical for us to do so, we reasonably believe that continuing to access your account would cause harm to Staffex or anyone else, or we are prohibited from doing so by law.
Appeals. If you believe that we have suspended or terminated your account in error, you can appeal by contacting Customer Support⁠(opens in a new window).
Our commitment to you
How we provide the Services. We undertake to provide you with the Services using reasonable skill and care and to act with professional care. We do not promise to offer the Services in perpetuity or in their current form for any particular period.
Liability. Provided that we have acted with professional care, we will not be liable for any loss or damage caused by us unless it:
caused by our breach of these Terms or
reasonably foreseeable at the time these Terms were entered into.
We will not be liable for any loss or damage caused by events beyond our reasonable control. We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You still have the full protection of the laws that apply to you.
Statutory rights. You have certain legal rights which cannot be limited or excluded by a contract such as these Terms, or which you are legally entitled to, for example, because you are a consumer. These Terms are not intended to affect or limit those rights in any way.
EEA Consumer Guarantee. If you are an EEA consumer, the EEA consumer laws provide you with a legal guarantee covering the Services. If you have questions about your legal guarantee, please contact Customer Service⁠(opens in a new window).
Dispute resolution
Concerns. If we have a dispute, we would first like to understand and try to resolve your concerns before taking any formal legal action. To share your concerns, you can contact us via this form ⁠(opens in a new window).
Court. If we are unable to resolve our dispute, you or we can take it to your local court.
Alternative dispute resolution for consumers in the EEA. If you live in the EEA, you can also seek alternative dispute resolution through the European Commission’s Online Dispute Resolution (ODR) platform, which can be accessed at https://ec.europa.eu/consumers/odr ⁠(opens in a new window).
Copyright infringement complaints
If you believe that your intellectual property rights have been infringed, please send a notification to the address below or complete this form . We may remove or disable Content that is allegedly infringing and may close the accounts of repeat infringers.
Staffex, LLC
3180 18th St
San Francisco, California 94110
Attention: General Counsel/Copyright Agent
Written claims of copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
A description of the copyrighted work that you claim has been infringed;
A description of where the allegedly infringing material is located on our site so we may find it;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
General Provisions
Transfer. You may not transfer or assign any rights or obligations under these Terms. We may transfer or assign our rights or obligations under these Terms to any affiliate or subsidiary or to any successor in interest in any business related to our Services. If we do so, none of your rights as a consumer will be affected. If you are not satisfied, you have the right to terminate your relationship with Staffex and stop using our Services at any time.
Changes to these Terms or our Services. We are constantly working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services because of:
Changes in laws or regulations.
For security reasons.
Circumstances beyond our reasonable control.
Changes we make in the ordinary course of developing our Services.
To adapt to new technologies.
We will notify you at least 30 days in advance of changes that materially adversely affect you and the effective date by email or in-product notification. Any changes will only apply to our future relationship. If you do not agree to the changes, you must stop using our Services.
Delay in Enforcement of These Terms. If we or you delay in enforcing a provision of these Terms, either of us may still enforce it later, and that will not prevent us or you from taking steps against the other at a later time. If any part of these Terms is held invalid or unenforceable, that will not affect the enforceability of any other part of these Terms.
Trade Controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported into (a) any country or territory embargoed by the United States, or (b) any person or entity with whom dealings are prohibited or restricted by applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input Data may not include material or information that requires a governmental license for release or export.
Governing Law. These Terms are governed by the laws of the jurisdiction in which you are a resident.
Commercial Use of the Services
Commercial and Business Use. If you use our Services for commercial or business use, the following terms apply. In the event of a conflict between this Business Use Addendum and the rest of these Terms, this Addendum will control.
Limitation of Liability. NEITHER WE NOR OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRIOR TO THE LIABILITY ARISING OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the above terms may not apply to you, and you might have additional rights. If so, these Terms limit our liability only to the maximum extent permitted in your country of residence.
Staffex's AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE THIRD-PARTY BENEFICIARIES OF THIS ADDENDUM.
Indemnification. If you are a business or organization, to the extent permitted by law, you agree to indemnify and hold us, our affiliates, and our employees harmless from and against any and all costs, losses, liabilities, and expenses (including attorneys' fees) for third-party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.
Governing Law (Commercial Use). California law will govern these Terms, excluding its conflict of law principles. Any claim arising out of or related to these Terms will be brought exclusively in the federal or state courts located in San Francisco, California.