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NanoGPT Terms of Service

Last Updated: August 15, 2026

Effective for new users: August 15, 2026

Effective for existing users: September 14, 2026

Thank you for using NanoGPT!

These Terms of Service ("Terms") apply to your use of chat models, image models, APIs, and NanoGPT's other services, along with any associated software applications and websites (collectively, the "Services"). These Terms form a binding agreement between you and NanoGPT LLC ("NanoGPT," "we," "us," or "our"), the operator of the Services. If you use the Services on behalf of a business or organization, you represent and warrant that you have authority to bind it to these Terms, and "you" includes that business or organization. By accessing or using the Services, you agree to these Terms.

If you first access or use the Services on or after August 15, 2026, these Terms apply when you first access or use the Services. If you accessed or used the Services before that date, the prior Terms continue to apply through September 13, 2026, and these Terms apply beginning September 14, 2026. You may request a copy of the prior Terms at contact@nano-gpt.com.

Access

Minimum Age: You must be at least 18 years old and at least the minimum age required to enter into a binding contract where you live. The Services are not directed to or intended for anyone under 18.

Eligibility: By using the Services, you represent and warrant that you satisfy the minimum-age requirement, have not previously been suspended or removed from the Services unless we have authorized your return, and will use the Services in compliance with applicable law. If you use the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms.

Using Our Services

What You Can Do: Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as any documentation, guidelines, or policies we make available to you.

Commercial Use Permitted: You are explicitly permitted to use NanoGPT as part of your commercial projects and services. This includes:

  • Integrating our Services as a component of your larger commercial applications or projects
  • Reselling access to our Services as part of your own service offerings
  • Using our API or Services as a microservice within your commercial infrastructure
  • Building commercial products that rely on our Services for AI model access

NanoGPT permits these commercial uses, including resale, but this permission does not override restrictions imposed by a Model Provider. You must confirm that the Model Terms for each model permit your intended integration, resale, and downstream use.

When using our Services commercially, we appreciate attribution to NanoGPT where reasonable and appropriate.

Commercial Integrations and Downstream Users: If you integrate, resell, or otherwise make the Services available to employees, contractors, customers, end users, or other persons ("Downstream Users"), you are responsible for their access to and use of the Services as if it were your own. You must:

  • Bind Downstream Users to terms that are at least as protective of NanoGPT, third parties, and the Services as these Terms, including the restrictions below.
  • Provide all legally required notices and obtain all legally required consents, including an accurate privacy notice for your product or service.
  • Ensure that Downstream Users satisfy the minimum-age requirement in these Terms.
  • Maintain reasonable safeguards against unlawful or abusive use, promptly address known or reported violations, and cooperate with reasonable abuse, safety, and legal investigations.
  • Not represent that your product or service is operated, sponsored, or endorsed by NanoGPT unless we have agreed to that representation in writing.

What You Cannot Do: You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:

  • Use our Services in a way that infringes, misappropriates, or violates anyone's rights, including copyright, trademark, trade secret, privacy, publicity, likeness, voice, biometric, or other personal or proprietary rights.
  • Create, upload, request, facilitate, possess, or distribute child sexual abuse material or any sexual or exploitative content involving a person under 18 or a person depicted as or reasonably appearing to be under 18, whether real or synthetic.
  • Create, upload, request, or distribute nude, intimate, or sexually explicit content depicting an identifiable person without that person's valid consent, including non-consensual intimate imagery or sexually explicit deepfakes.
  • Use another person's image, likeness, voice, personal information, or other identifying material without all rights and consents required for your Input and intended use.
  • Impersonate another person or create or distribute deceptive synthetic media in a manner likely to defraud, harass, defame, exploit, or cause material harm, or fail to make disclosures about synthetic or altered media when required by law.
  • Use the Services to facilitate human trafficking, sexual exploitation, stalking, doxxing, credible threats, unlawful discrimination, fraud, or other unlawful conduct.
  • Modify, copy, lease, sell or distribute the source code or underlying technology of our Services themselves (note: this does not prohibit commercial use of our Services as described above).
  • Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services.
  • Automatically or programmatically extract data from our Services in a way that circumvents rate limits, access controls, documented API functionality, or other protective measures.
  • Represent that Output was human-generated when it was not.
  • Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.

Enforcement and Cooperation: We may refuse or restrict requests, investigate suspected violations, remove or disable access to Content, and suspend or terminate access to protect the Services, our providers, users, or third parties, or to comply with law. We may preserve and disclose information when we reasonably believe doing so is required by law or necessary to investigate unlawful activity, respond to valid legal process, protect rights or safety, or enforce these Terms. We do not undertake a general obligation to monitor all Content.

File Imports (Including Google Drive): Our Services allow you to import files from external sources, including Google Drive. You represent and warrant that you have all necessary rights, licenses, and permissions to import any file you provide. To attach an imported file to a request, we may copy it to NanoGPT-managed object storage or your configured Bring Your Own Storage bucket. No single maximum retention period applies to NanoGPT-managed stored copies, and removing an item from your local library or deleting your account does not necessarily delete the remote object immediately. Content in your own bucket remains subject to the storage lifecycle you configure. Your use of Google Drive import is also subject to Google's Terms of Service.

what3words & NanoGPT: If you are using the what3words model, you agree to the what3words Terms and Conditions and what3words API Licence Agreement.

Model Provider Terms and Restrictions

Our Services provide access to models and related services supplied by third-party model providers ("Model Providers"). Your use of a model may be subject to that provider's terms, usage policies, licences, geographic restrictions, and documentation (collectively, "Model Terms"). By accessing or using a model, you agree, and must ensure that your Downstream Users agree, to comply with the applicable Model Terms.

You are responsible for reviewing the Model Terms before using a model and for determining whether the model, its data practices, and its permitted uses are appropriate for your intended use case, including any regulated, high-risk, sensitive, safety-critical, or customer-facing use. You are also responsible for selecting models, configuring account settings, and setting appropriate permissions and restrictions for Downstream Users.

Model Terms may change from time to time. Continued use of a model after its Model Terms change constitutes acceptance of the updated Model Terms. Changes made by a Model Provider to its Model Terms are not changes to these Terms, may take effect immediately, and are not subject to the 30-day notice period below. If Model Terms conflict with these Terms, the Model Terms control only with respect to access to and use of that model; these Terms otherwise continue to apply. A separately signed agreement between you and NanoGPT controls over these Terms to the extent of a direct conflict.

Model Providers retain control over their models and may restrict, suspend, or terminate access. We do not guarantee the availability, performance, or continued inclusion of any model. We may restrict access when we reasonably believe you or a Downstream User has violated or may violate Model Terms, or when requested or required by a Model Provider.

Provider-term links, summaries, privacy indicators, training labels, and retention information we display are provided for convenience. We seek to keep them accurate, but Model Providers control their own terms and practices and may change them without notifying us. You should verify material requirements directly with the applicable Model Provider.

Provider Terms Directory: The following links are a convenience directory of terms and policies for providers available through the Services. The applicable Model Terms remain controlling even if a link is incomplete, outdated, or unavailable:

Optional PII Redaction: If you enable PII redaction, you authorize us to route your request and response content through Grepture so Grepture can detect, mask, and restore supported PII categories before and after the selected model provider processes the request. Your use of this feature is also subject to Grepture's Terms of Service, Grepture's Privacy Policy, and Grepture's Subprocessors page. Further company information is available in Grepture's Impressum.

Feedback: We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.

Content

Your Content: You may provide prompts, files, images, audio, video, personal information, or other input to the Services ("Input"), and receive output from the Services based on the Input ("Output"). Input and Output are collectively "Content." You are responsible for your Content and for how you request, use, publish, or distribute Output, including ensuring that those activities comply with applicable law, these Terms, and applicable model-provider terms.

Your Rights and Consents: You represent and warrant that you have all rights, licenses, permissions, consents, and other lawful bases needed to provide Input, instruct us and our providers to process it, and use the resulting Output as you intend. This includes any rights or valid consent required to use a person's personal information, image, likeness, or voice. You must evaluate Output and obtain any additional rights or permissions required before using, publishing, or distributing it.

Limited Licence to Provide the Services: You grant NanoGPT a non-exclusive, worldwide, royalty-free licence, with the right to sublicense solely to Model Providers and service providers as necessary for the same limited purposes, to host, reproduce, transmit, format, store, and otherwise process Content solely as necessary to operate, provide, secure, and troubleshoot the Services; route requests to the providers and features you select; provide storage, sharing, sync, memory, or other functionality you enable; enforce these Terms; and comply with law. This licence and any sublicense last only for as long as reasonably necessary for those purposes. This licence does not authorize NanoGPT to train models on or sell your Content. Any separate rights a Model Provider receives under Model Terms are governed by those Model Terms.

Ownership of Content: As between you and NanoGPT, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output. This assignment does not give you rights in third-party material that may appear in Output or override applicable law or model-provider terms.

Output-Based Training and Distillation: NanoGPT does not itself prohibit you from using Output to train, fine-tune, distill, or otherwise improve artificial intelligence models. Your use of Output for those purposes remains subject to applicable law and any terms, licenses, or restrictions of the underlying model and provider used to generate the Output.

Similarity of Content: Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users' output or any Third Party Output.

Generated Media (Images, Video, and Audio): The ownership and commercial use terms described above apply equally to all forms of Output, including generated images, videos, and audio. You own the Output and may use it for commercial purposes, subject to applicable law and any restrictions imposed by the underlying AI model provider's terms.

Accuracy: Artificial intelligence and machine learning are rapidly evolving fields of study. Artificial intelligence model creators are constantly working to improve their Services to make them more accurate, reliable, safe, and beneficial. 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.

When you use our Services you understand and agree:

  • Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
  • You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
  • You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
  • Our Services may provide incomplete, incorrect, or offensive Output that does not represent our views. If Output references any third party products or services, it doesn't mean the third party endorses or is affiliated with us.

Data Use Promise

Uploaded Data: We use uploaded data (including Input, files, images, and audio) to provide the Services, including forwarding it to the AI models you select and storing or syncing content when you explicitly enable features like conversation sync, sharing, or memory sync. If you submit bug reports or suggestions through our website, we may store and forward that content to our internal tools so the team can review and respond.

We do not train on your Input or Output, and we do not sell your Content.

BYOS (Bring Your Own Storage): If you connect your own storage, we will not copy, index, or persist any content from that storage. We access it only as necessary to transmit it to your selected AI model providers and to return their Output to you. You are solely responsible for the availability, security, and backup of your own storage. We are not liable for any data loss, corruption, or unavailability resulting from issues with your storage provider or configuration.

Memory

Our Services may offer a Memory feature that stores information across conversations to provide personalized responses.

Opt-In: Memory is off by default. Memory items are only synced to our servers if you explicitly enable Memory Sync. Without sync, memory is stored locally on your device.

Your Responsibility: You are responsible for the information stored in memory. Do not save sensitive personal information (such as passwords, financial account numbers, or health information) in memory items.

Management and Deletion: You can view, edit, and delete individual memory items at any time. Disabling Memory Sync will stop syncing new items to our servers. You may also delete all synced memory data from your account settings.

Use in Conversations: When Memory is enabled, relevant memory items may be included as context in your conversations. This means memory content is sent to the AI model provider you select, subject to that provider's terms and data handling practices.

Our IP Rights

We and our affiliates own all rights, title, and interest in and to the Services.

Accounts

Account Creation: You have the option to create an account with our Services. You agree that information you provide for your account will be accurate and kept up to date. By creating an account, you may have access to additional features, including the ability to store your conversations and images. We support multiple authentication methods, including email and password, Google OAuth, GitHub OAuth, and WebAuthn/passkeys.

Account Security: You are responsible for maintaining the confidentiality and security of your account credentials and for activity and charges under your account, whether or not authorized by you, except to the extent caused directly by NanoGPT's breach of these Terms or failure to maintain commercially reasonable security. You must promptly notify us at contact@nano-gpt.com if you know or reasonably suspect that your account has been compromised or used without authorization. You are not responsible for unauthorized activity occurring after you give us prompt notice and take reasonable protective steps we request.

API Credentials: You are responsible for safeguarding all API keys, tokens, management credentials, and other credentials used to access the Services ("API Credentials"). You are responsible for activity and charges under your API Credentials, whether or not authorized by you, except to the extent caused directly by NanoGPT's breach of these Terms or failure to maintain commercially reasonable security. You must promptly revoke or rotate compromised API Credentials and notify us of any actual or suspected compromise. You are not responsible for unauthorized activity occurring after the affected API Credentials have been revoked or after you give us prompt notice and take reasonable protective steps we request. We may suspend, revoke, rotate, or limit API Credentials when we reasonably believe doing so is necessary to protect you, NanoGPT, the Services, a Model Provider, or a third party.

Passkeys and WebAuthn: If you choose to register a passkey or security key for authentication, you are solely responsible for maintaining access to your authenticator device(s). We cannot recover or reset passkey credentials. If you lose access to all registered authenticators and have no other sign-in method configured, you may permanently lose access to your account. We strongly recommend registering multiple authentication methods.

Data Storage: By default, any data generated through your use of our Services is stored only locally on your device. If you choose to create an account, you have the option to store your conversations and images on that account. This storage is opt-in, and you can choose which data, if any, you want to store with us.

Data Deletion: You can delete chats and request account deletion through the controls available in the Services. Deletion removes or de-identifies data as described in our Privacy Policy. Some underlying records or stored objects may remain longer for service integrity, security, fraud prevention, billing and accounting, dispute handling, backups, or legal obligations. Shared-conversation records may persist after a link is revoked, and remotely stored files may not be deleted immediately.

Data Retention: We retain the right to delete accounts that have been unused for a period of 1 year or more.

Payment Information: Our service operates on a pay-per-prompt basis through a prepaid account system. You can deposit funds into your account using Nano cryptocurrency, credit/debit card payments (via Stripe), and other supported payment methods (including additional cryptocurrencies and payment providers) offered in the product. Availability may vary by region or method. Funds will be deducted based on your usage of our Services.

Chargebacks (Stripe): If you initiate a chargeback through Stripe for any transaction, we will deduct from your account the amount of the chargeback plus a $20 USD fee per chargeback to cover our associated costs, and reserve the right to block your card and your account from future payments.

Pricing Adjustments: We reserve the right to modify our pricing structure.

By using our Services, you agree to these terms and acknowledge the pay-per-prompt model of our service offering.

Teams and Shared Billing

If you create or join a team, the team owner and administrators may manage team membership, view usage, and manage payment methods or shared balances for the team. Team usage may be billed to the team owner or to a shared team balance, and you are responsible for activity conducted by accounts you authorize.

Subscription Plans

In addition to our pay-per-prompt model, we offer subscription plans that provide access to certain models and features for a recurring fee.

Personal Use: Subscription plans are intended for personal, non-commercial use only. Using a subscription for commercial purposes, including but not limited to reselling access, building commercial products, or serving multiple end users, is not permitted. If you require commercial access, please use our pay-as-you-go model, which explicitly permits commercial use.

Usage Limits: Subscription plans include usage limits, such as included input-token, generation, image, daily, weekly, or monthly limits. These limits are subject to change. Exceeding these limits may result in temporary restriction of access until the limit resets, or charges to your regular balance if you have enabled the overage option. Weekly included input-token limits reset on a fixed weekly schedule, currently Monday 00:00 UTC, and do not reset when a subscription is purchased, renewed, resumed, or billed.

One Account Per Person: Each subscription is intended for use by a single individual. Creating or using multiple accounts to bypass subscription limits or to obtain multiple subscriptions is prohibited and may result in suspension or termination of all associated accounts.

Auto-Renewal: Subscriptions automatically renew at the end of each billing period. Balance-based subscriptions renew only while active and when sufficient funds are available before the current period ends. Adding funds after a balance-based subscription expires will not restart it; you must start a new subscription explicitly. You can cancel your subscription at any time to prevent future renewals.

Model Availability: The specific AI models included in subscription plans may change over time. We reserve the right to add, remove, or replace models included in any subscription plan. We do not guarantee the availability of any specific model within a subscription plan.

Refunds: Refund eligibility is governed by our Refund Policy, including situations where we may approve refunds and limited cases where we may decline them.

Referral Program

We may offer a referral program that allows you to earn credits or other benefits when you refer new users to our Services.

Eligibility: Referral rewards are only earned when a referred user signs up using your unique referral link and completes a qualifying action (such as subscribing or making a purchase).

Prohibited Activities: Self-referrals, fake accounts, spam, and any other fraudulent or deceptive practices to earn referral rewards are prohibited. We reserve the right to disqualify referrals and revoke rewards obtained through prohibited activities.

Program Changes: We reserve the right to modify, suspend, or terminate the referral program at any time, including changing reward amounts or eligibility requirements.

Termination and Suspension

Termination: You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services if we determine:

  • You breached these Terms.
  • We must do so to comply with the law.
  • Your use of our Services could cause risk or harm to us, our users, or anyone else.

Appeals: If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting contact@nano-gpt.com

Discontinuation of Services

We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

WE DO NOT WARRANT THAT ANY MODEL OR OUTPUT WILL BE AVAILABLE, ACCURATE, SUITABLE, OR LEGALLY PERMITTED FOR YOUR INTENDED USE, INCLUDING ANY REGULATED, HIGH-RISK, SAFETY-CRITICAL, LEGAL, MEDICAL, FINANCIAL, EMPLOYMENT, OR CUSTOMER-FACING USE. EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATELY SIGNED AGREEMENT, WE MAKE NO REPRESENTATION OR WARRANTY REGARDING A MODEL PROVIDER'S DATA HANDLING, RETENTION, TRAINING, SECURITY, AVAILABILITY, OR INTELLECTUAL-PROPERTY PRACTICES.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Limitation of Liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY 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 AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE 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 terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless NanoGPT, our affiliates, licensors, service providers, and personnel from and against third-party claims, demands, actions, proceedings, and governmental investigations, and all resulting losses, liabilities, damages, judgments, settlements, penalties and fines to the extent legally indemnifiable, costs, and expenses (including reasonable attorneys' fees), arising out of or relating to:

  • Your Content, including Input you provide and your request, use, publication, or distribution of Output.
  • Your or your Downstream Users' access to or use of the Services, to the extent that access or use gives rise to a covered claim.
  • Your violation of these Terms, applicable law, or applicable model-provider terms.
  • Your infringement, misappropriation, or violation of intellectual property, privacy, publicity, likeness, biometric, contractual, or other rights.
  • Any product, service, representation, or activity you offer or undertake in connection with the Services.

This indemnity does not apply to the extent a claim is finally determined to have resulted from NanoGPT's breach of these Terms, gross negligence, or willful misconduct. We will give you reasonably prompt notice of a covered claim, but delayed notice will relieve your obligations only to the extent the delay materially prejudices your defense. We may assume exclusive control of the defense and settlement at your expense, and you will provide reasonable cooperation. If we assume control, we will not settle a claim in a manner that requires you to admit fault or accept non-monetary obligations without your prior written consent, which you may not unreasonably withhold. You may not settle a claim in a manner that admits fault by, imposes obligations on, or otherwise adversely affects NanoGPT or another indemnified party without our prior written consent.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES AND INCLUDES A CLASS ACTION WAIVER, BUT YOU MAY OPT OUT AS DESCRIBED BELOW.

Informal Resolution: Before filing a claim, you and NanoGPT agree to make a good-faith effort to resolve the dispute informally. A notice to NanoGPT must be sent to contact@nano-gpt.com and include your name, the email associated with your account, a description of the dispute, and the relief requested. We will send any notice to the email associated with your account. If the dispute is not resolved within 30 days after a complete notice is received, either party may begin arbitration or another permitted proceeding. Any applicable limitations period is paused during this 30-day process. This requirement does not apply when urgent injunctive relief is reasonably necessary.

Agreement to Arbitrate: Except for the exceptions below and to the extent permitted by applicable law, you and NanoGPT agree that any claim arising out of or relating to these Terms or the Services (a "Dispute") will be resolved through final and binding individual arbitration rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

Arbitration Forum and Rules: Arbitration will be administered by National Arbitration and Mediation ("NAM") under its applicable rules and procedures. If NAM is unavailable or unwilling to administer the arbitration, the parties will select another nationally recognized arbitration provider or a court of competent jurisdiction will appoint one. The arbitration will be conducted by one neutral arbitrator.

Procedures and Remedies: For consumer claims, you may choose a hearing by videoconference, based on written submissions, or in person in the county where you live, subject to the arbitrator's authority and the applicable rules. The arbitrator may award the same individual relief that a court could award, including damages and injunctive or declaratory relief, but only to the extent necessary to resolve the individual claimant's Dispute. A court of competent jurisdiction will decide disputes about whether the class action waiver or an arbitration opt-out is valid or effective; the arbitrator will decide other disputes concerning the interpretation, applicability, or enforceability of this arbitration agreement.

Arbitration Fees: If you bring a consumer claim in good faith, your share of arbitration filing and hearing fees will not exceed the amount you would pay to file the same claim in a court where you live. NanoGPT will pay the remainder of the arbitration fees to the extent required for this agreement to be enforceable. Fee waivers remain available under NAM's rules. NanoGPT will not seek its attorneys' fees or arbitration costs from an individual consumer unless the arbitrator determines that the claim was frivolous, brought for an improper purpose, or an award is otherwise expressly authorized by law.

Exceptions: Either party may bring an individual claim in small claims court if it qualifies. Either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, unauthorized access, or abuse involving intellectual property or the Services. Claims for public injunctive relief that applicable law does not permit to be arbitrated may be brought in court. Nothing in these Terms prevents you from reporting an issue to, communicating with, or seeking relief from a government agency or regulator, and no informal-notice requirement applies to such communications.

30-Day Right to Opt Out: You may opt out of this arbitration agreement and the class action waiver by emailing contact@nano-gpt.com within 30 days after the date you first become subject to this section. Use the subject line "Arbitration Opt-Out" and include your name, the email associated with your account, and a clear statement that you opt out of arbitration. Opting out will not affect your account or your ability to use the Services. An opt-out applies only to the person or entity identified in the notice.

CLASS ACTION AND JURY TRIAL WAIVERS: If you do not opt out, you and NanoGPT agree that each party may bring Disputes against the other only in an individual capacity and not as a plaintiff or class member in a class, collective, consolidated, or representative proceeding. The arbitrator may not combine claims or preside over a class, collective, consolidated, or representative proceeding. This does not prevent either party from participating in a class-wide settlement. To the extent a Dispute proceeds in court rather than arbitration, you and NanoGPT waive trial by jury to the maximum extent permitted by law.

Non-Waivable Rights: This section does not waive rights or remedies that cannot lawfully be waived. If the law where you reside gives you the right to bring a Dispute in your local courts or prohibits mandatory arbitration or a class action waiver, that law controls to the extent of the conflict.

Future Changes: A material change to this dispute-resolution section will not apply to a Dispute of which NanoGPT had actual notice before the change became effective. You may reject a material future change by following the opt-out procedure above within 30 days after receiving notice of the change; the previously accepted version will then continue to govern.

Severability: If part of this section is found unenforceable, that part will be severed and the remainder will remain in effect. If the class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will proceed in court after any arbitrable portions are completed. Under no circumstances will class or representative arbitration be permitted without the written agreement of all parties.

Copyright Complaints

If you believe that material available through the Services infringes your copyright, please send a written notice to our copyright contact at contact@nano-gpt.com. Notices concerning other intellectual-property or personal-rights violations may be sent to the same address.

Claims concerning copyright infringement must include the following information:

  • A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
  • Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are covered by one notice.
  • Identification of the allegedly infringing material and information reasonably sufficient to allow us to locate it, including the relevant URL where available.
  • Your name, mailing address, telephone number, and email address.
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement that the 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.

Counter-Notices: If you believe material you provided was removed or disabled as a result of mistake or misidentification, you may send a counter-notice to the address above. The counter-notice must include:

  • Your physical or electronic signature.
  • Identification of the material that was removed or disabled and where it appeared before removal or disabling.
  • A statement under penalty of perjury that you have a good-faith belief the material was removed or disabled because of mistake or misidentification.
  • Your name, mailing address, and telephone number, together with a statement that you consent to the jurisdiction of the appropriate United States federal district court for your address, or if your address is outside the United States, any judicial district in which NanoGPT may be found, and that you will accept service of process from the person who submitted the original notice or that person's agent.

We may send a copy of a copyright notice or counter-notice to the affected user or claimant. Where applicable, we may restore removed material in accordance with law unless the copyright claimant timely notifies us that it has filed an action seeking a court order.

Repeat Infringers: It is our policy, in appropriate circumstances, to terminate or disable the accounts of users who repeatedly infringe copyright or other intellectual-property rights. We may also limit or terminate access for a single serious infringement.

General Terms

Assignment: You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Governing Law and Courts: Except to the extent preempted by the Federal Arbitration Act or prohibited by the mandatory law of your place of residence, these Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any court proceeding permitted under these Terms must be brought in a state or federal court located in San Francisco, California, except that an individual consumer may bring a qualifying small-claims action or any claim that applicable law permits or requires to be brought in the consumer's local courts.

Changes to These Terms or Our Services: We are continuously 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 due to:

  • Changes to the law or regulatory requirements.
  • Security or safety reasons.
  • Circumstances beyond our reasonable control.
  • Changes we make in the usual course of developing our Services.
  • To adapt to new technologies.

We will post updated Terms on this page and update the "Last Updated" date. If a change materially affects your rights or obligations, we will provide at least 30 days' advance notice through the Services or, for account holders, by email or an in-product notification. Material changes will apply prospectively from the stated effective date. We may make changes effective sooner when reasonably necessary to comply with law, address an urgent security or safety issue, prevent abuse, or reflect a change imposed by a Model Provider. By continuing to use the Services after updated Terms take effect, you agree to the updated Terms. If you do not agree, you must stop using the Services. A dispute will be governed by the version of these Terms in effect when the events giving rise to the dispute occurred.

Delay in Enforcing These Terms: Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

Survival: Provisions that by their nature should survive termination or expiration of these Terms will survive, including provisions concerning Content and ownership, payment obligations, our intellectual-property rights, disclaimers, limitations of liability, indemnity, dispute resolution, and general legal terms.

Entire Agreement: These Terms, together with any Service-specific terms and policies expressly incorporated into them, contain the entire agreement between you and NanoGPT regarding the Services and supersede prior or contemporaneous agreements concerning the Services. If you and NanoGPT have a separately signed agreement covering the Services, that agreement will control to the extent of a conflict.

Electronic Communications: By using the Services, you consent to receive transactional, administrative, security, and legal communications from us electronically, including by email, in-product notification, or posting through the Services. You agree that electronic communications satisfy any legal requirement that a communication be in writing, except where applicable law requires another method. You are responsible for keeping your account contact information current.

Contact: The Services are offered by NanoGPT LLC. You may contact us at contact@nano-gpt.com. Privacy requests may be sent to support@nanogpt.com.

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 to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

Sanctions Compliance and Restricted Jurisdictions

NanoGPT LLC is a U.S. limited liability company and complies with all applicable U.S. sanctions laws administered by the Office of Foreign Assets Control (OFAC), as well as other applicable international sanctions regimes.

Restricted Jurisdictions: You may not use our Services if you are located in, organized in, or ordinarily resident in any of the following jurisdictions:

  • Russia
  • Belarus
  • Iran
  • North Korea
  • Cuba
  • Venezuela (where subject to comprehensive sanctions)
  • Crimea region of Ukraine
  • Non-government-controlled areas of the Donetsk and Luhansk regions of Ukraine
  • Syria
  • Any other jurisdiction subject to comprehensive U.S. sanctions

Sanctioned Persons: You may not use our Services if you are, or are acting on behalf of, any person or entity that is:

  • Listed on the OFAC Specially Designated Nationals and Blocked Persons List (SDN List)
  • Listed on any other U.S. government sanctions list
  • Owned or controlled by, or acting on behalf of, any person or entity on such lists
  • Otherwise subject to U.S. sanctions or trade restrictions

Compliance Controls: We implement controls to help prevent access from restricted jurisdictions and sanctioned persons, including:

  • Reliance on regulated third-party payment processors (for card payments) and cryptocurrency exchanges (for digital asset payments) that perform their own KYC, transaction monitoring, and sanctions screening
  • IP-based geolocation restrictions to identify and block access from restricted jurisdictions
  • Review and termination of accounts where we identify indicators of access from restricted jurisdictions or by sanctioned persons

User Representations: By using our Services, you represent and warrant that:

  • You are not located in, organized in, or ordinarily resident in any restricted jurisdiction listed above
  • You are not a sanctioned person or acting on behalf of a sanctioned person or entity
  • You will not use our Services to conduct transactions involving restricted jurisdictions or sanctioned persons
  • You will immediately cease use of our Services and notify us if your status changes such that any of these representations would no longer be accurate

Termination for Sanctions Violations: We reserve the right to immediately suspend or terminate your account and access to our Services, without notice or liability, if we determine or reasonably suspect that you have violated this section or any applicable sanctions laws. Any funds or credits in your account may be frozen or forfeited as required by applicable law.