ChatGPTree - Legal Information

Effective Date: January 19, 2025 | Updated: Professional-grade legal protections and AI compliance standards

🔒 Privacy Policy

                Privacy First: ChatGPTree is designed with your privacy in mind. We collect minimal
                data, store nothing permanently on our servers, and use privacy-focused analytics.
            

🔍 GDPR Lawful Basis for Data Processing

Under GDPR Article 6, we process your data based on the following lawful bases:

Consent (Article 6(1)(a)): For location and camera access - you provide explicit consent when granting permissions
Legitimate Interest (Article 6(1)(f)): For app functionality, security measures, verification tokens, and analytics - necessary for service delivery and fraud prevention
Contract Performance (Article 6(1)(b)): For chat processing and session management - necessary to provide the service you've requested

Information We Collect

Location Data: Temporarily accessed to verify you're near a tree during QR scanning. This data is not stored and is discarded after your session ends.
Camera Access: Used only for QR code scanning. No photos or videos are captured or stored.
Chat Messages: Temporarily stored during your 6-minute session only. All session data is automatically deleted when your session expires.
Feedback Messages: If you choose to leave feedback, this is stored to display on our public message board.
Analytics: We use Simple Analytics, a privacy-first service that does not collect personal data, IP addresses, or use cookies.

🔧 Technical Storage (localStorage)

Verification Tokens: When you verify your location near a tree, we store a temporary verification token in your browser's local storage for up to 2 hours. This token:

Contains no personal data - it's just a random cryptographic string
Cannot be used to determine your location or identity
Automatically expires after 2 hours
Prevents you from having to re-verify your location during return visits
Can be cleared by you at any time by clearing your browser's local storage

Purpose: This technical necessity improves user experience by avoiding repeated location verification checks during your garden visit.

How We Use Your Information

Verify proximity to trees for authentic chat experiences
Process your chat messages through AI to generate tree responses
Display your feedback messages (if submitted) on our public message board
Understand general usage patterns through privacy-first analytics
Store temporary verification tokens to improve user experience during garden visits

Data Storage & Security

Session Data: Stored temporarily in memory only, automatically deleted after 6 minutes
Verification Tokens: Stored locally in your browser for up to 2 hours, contain no personal data
No Personal Accounts: We don't require registration or store personal profiles
Third-Party Services: We use OpenAI for chat processing and Google Cloud for text-to-speech. These services process data according to their privacy policies.
Feedback Storage: User-submitted feedback is stored via GitHub and may be publicly displayed
International Data Transfers: Where data is processed outside the EU/Australia (e.g., by OpenAI, Google Cloud), we ensure appropriate safeguards such as Standard Contractual Clauses are in place to protect your data

⚠️ Important Notice for Feedback Submissions

User-Generated Content Warning: When submitting feedback messages that will be publicly displayed, please avoid including:

Personal information (full names, addresses, phone numbers)
Sensitive personal details
Financial or medical information
Anything you wouldn't want to be publicly visible

Remember: Feedback messages become part of our public message board and cannot be easily removed once published.

Your Privacy Rights

You can deny location/camera permissions (though the app won't function without them)
All session data is automatically deleted - nothing to delete manually
You can clear verification tokens by clearing your browser's local storage
Contact us to remove specific feedback messages from our public board
Simple Analytics data is anonymous and cannot be traced to individuals
Data Breach Notification: In the unlikely event of a data breach affecting personal data, we will notify affected users within 72 hours via email or app notification
International Users: Users outside Australia have the same privacy protections; data processing complies with GDPR and CCPA where applicable

Cookies & Tracking

ChatGPTree uses minimal essential cookies for session management only. We do not use tracking cookies, advertising cookies, or any invasive tracking technologies. We use browser localStorage for temporary verification tokens as described above.

🤖 AI and Algorithm Transparency

AI Processing: Your messages are processed by artificial intelligence to generate tree character responses
No AI Training: Your conversations are not used to train or improve AI models
Content Generation: AI responses are generated in real-time and may occasionally be inaccurate or inappropriate
No Human Review: AI conversations are not monitored or reviewed by humans unless reported
Content Filtering: We employ content moderation to prevent harmful outputs, but cannot guarantee complete accuracy

📋 Terms of Service

                Simple Terms: ChatGPTree is provided for educational, entertainment, and commercial
                purposes. Use it responsibly and respect the technology and content.
            

🤖 AI Service Acknowledgment

                REQUIRED ACKNOWLEDGMENT: By using ChatGPTree, you explicitly acknowledge and accept the
                inherent limitations, potential inaccuracies, and risks associated with AI-generated content. You
                understand that AI responses may be inappropriate, biased, or incorrect despite our content moderation
                efforts.
            

Acceptable Use

Personal & Commercial Use: ChatGPTree may be used for personal enjoyment, educational purposes, and commercial applications (tours, educational programs, venue enhancement)
Age Requirement: Users must be 13 years or older, or have parental supervision
Respectful Interaction: Engage respectfully with the AI system and other users
Authentic Location: Only scan QR codes when physically present at the designated trees
Attribution: Commercial users should credit ChatGPTree in promotional materials where appropriate

Commercial Use & Licensing

Permitted Commercial Use: Basic commercial applications such as educational tours, school programs, and venue enhancement are permitted without additional licensing
Written Consent Required: Any monetized use beyond basic commercial applications requires written licensing from ChatGPTree, including:
- Ticketed or paid tours using ChatGPTree as a primary feature
- Resale or redistribution of access to ChatGPTree
- Integration into paid products or services
- Large-scale commercial deployments (>100 daily users)
- White-labeling or rebranding ChatGPTree functionality
Educational Programs: Schools and educational institutions may use ChatGPTree for teaching without additional licensing
Attribution: Commercial users should credit ChatGPTree in promotional materials where appropriate
Licensing Inquiries: Contact hello@chatgptree.com.au with subject "Commercial Licensing" for written permission

Prohibited Activities

Attempting to reverse engineer, modify, or redistribute the application without permission
Reselling or rebranding ChatGPTree as your own product
Submitting offensive, harmful, or inappropriate content through feedback
Attempting to bypass location verification or security measures
Overloading our systems with excessive requests or automated tools
Using the service for any illegal, harmful, or commercially competing purposes
Attempting to extract, scrape, or download content in bulk
Interfering with other users' access to the service
Impersonating others or providing false information

🤖 AI Service Disclaimers

                IMPORTANT: ChatGPTree uses artificial intelligence to generate responses. You
                acknowledge and agree that:
            

AI Limitations: AI responses may be inaccurate, inappropriate, biased, or harmful despite our best efforts
No Professional Advice: AI responses do not constitute professional, medical, legal, or scientific advice
Educational Entertainment: Content is for educational and entertainment purposes only
No Warranties: We make no warranties about AI response accuracy, completeness, or suitability
User Responsibility: You are solely responsible for how you use or rely on AI-generated content
Content Filtering: While we employ content moderation, we cannot guarantee all inappropriate content will be prevented
Service Dependencies: AI functionality depends on third-party services which may be interrupted without notice

User Indemnification

You agree to indemnify, defend, and hold harmless ChatGPTree, GB ChatGPTree, and our affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorney's fees) arising from:

Your use or misuse of the ChatGPTree service
Your violation of these Terms of Service
Your violation of any third-party rights, including intellectual property rights
Any content you submit or transmit through the service
Your reliance on AI-generated content or responses
Any actions taken based on information obtained through ChatGPTree

Intellectual Property & Content Ownership

ChatGPTree Platform: © 2025 GB ChatGPTree. All rights reserved. Protected by Australian and international copyright, trademark, and trade secret laws.
AI-Generated Content: All AI-generated responses, tree personalities, and conversations are proprietary to ChatGPTree and may not be reproduced, redistributed, or used commercially without written permission
Original Content: Tree profiles, AI personalities, educational content, and software code are protected intellectual property of GB ChatGPTree
Licensed Content: Educational images, videos, and materials are used under appropriate licenses with proper attribution and may not be extracted or reused
Third-Party Links: Video content links to external platforms (YouTube, etc.) and are subject to their respective terms
User Content: Feedback messages you submit become part of our platform but you retain ownership of your original expression
Attribution Requirements: All content maintains proper attribution as required by original licenses
Trademark Protection: "ChatGPTree," our logos, and distinctive features are registered or pending trademarks
Derivative Works: Creating derivative works based on our AI personalities or content is prohibited without written permission
Data Mining Prohibition: Systematic extraction of data, content, or responses for commercial purposes is strictly prohibited

🚨 Copyright Takedown Procedure

DMCA-Style Copyright Protection: If you believe your copyrighted content is used on ChatGPTree without proper authorization, please contact us immediately for prompt review and resolution.

Takedown Requests: Email hello@chatgptree.com.au with subject "Copyright Takedown Request"
Required Information: Include details of the copyrighted work, location on our platform, and proof of ownership
Response Time: We will review and respond to legitimate takedown requests within 72 hours
Good Faith: Submitting false takedown requests may result in legal liability
Counter-Notices: If content is removed in error, you may submit a counter-notice for review

Service Availability

ChatGPTree is provided "as is" without guarantees of availability
We may modify, suspend, or discontinue the service at any time
Technical issues, maintenance, or updates may temporarily interrupt service

Limitation of Liability & Disclaimers

                MAXIMUM LEGAL PROTECTION: To the fullest extent permitted by law, ChatGPTree and its
                affiliates disclaim all warranties and limit liability as follows:
            

Disclaimer of Warranties

NO WARRANTIES: The service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied
AI Accuracy: We disclaim all warranties regarding AI response accuracy, appropriateness, or fitness for any purpose
Service Availability: We do not warrant uninterrupted, error-free, or secure service
Third-Party Services: We disclaim responsibility for third-party AI services, analytics, or external content

Limitation of Liability

NO LIABILITY: In no event shall ChatGPTree, GB ChatGPTree, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages
MAXIMUM LIABILITY: Our total liability to you for all claims shall not exceed $50 AUD or the amount you paid us in the 12 months preceding the claim
AI-Related DAMAGES: We are not liable for damages arising from AI responses, inaccuracies, or inappropriate content
DATA LOSS: We are not liable for any loss of data, content, or conversations
BUSINESS LOSSES: We are not liable for loss of profits, revenue, business opportunities, or reputation
FORCE MAJEURE: We are not liable for service interruptions due to circumstances beyond our control, including AI service provider outages

Specific AI Disclaimers

ChatGPTree is for educational and entertainment purposes only
AI responses do not constitute professional advice of any kind
Tree information is educational - consult professionals for specific horticultural, medical, or safety advice
Location verification is a user experience feature, not a safety guarantee
Users assume all risks associated with relying on AI-generated information

Data Processing

Your chat messages are processed by AI services (OpenAI) to generate responses
Text-to-speech functionality uses Google Cloud services
These services have their own privacy policies and terms
No chat data is permanently stored by ChatGPTree
AI Service Dependencies: Service functionality depends on third-party AI providers and may be interrupted without notice
Processing Location: Data may be processed in Australia, United States, or other countries where our service providers operate

🏛️ Dispute Resolution & Arbitration

                BINDING ARBITRATION: You agree that any disputes will be resolved through binding
                arbitration rather than court litigation, except where prohibited by law.
            

Arbitration Agreement: Any dispute, claim, or controversy arising out of or relating to these Terms or ChatGPTree shall be settled by binding arbitration
Arbitration Rules: Arbitration shall be conducted under the Resolution Institute Arbitration Rules (Australia)
Location: Arbitration shall take place in Melbourne, Victoria, Australia
Class Action Waiver: You waive any right to participate in class action lawsuits or class-wide arbitration
Small Claims Exception: Small claims under $10,000 AUD may be pursued in small claims court
Injunctive Relief: We may seek injunctive relief in court to protect our intellectual property rights
30-Day Notice: Before initiating arbitration, parties must attempt good faith resolution for 30 days

Force Majeure & Service Interruptions

Force Majeure: We are not liable for service interruptions due to circumstances beyond our reasonable control
AI Service Outages: Third-party AI service interruptions are beyond our control and do not constitute breach of service
Infrastructure Dependencies: Service depends on internet infrastructure, cloud services, and AI providers
Emergency Suspension: We may suspend service immediately for security, legal, or technical reasons

Compliance & Regulatory

Australian Law: Service operates under Australian consumer protection and privacy laws
International Compliance: We comply with GDPR, CCPA, and other applicable international privacy regulations
Age Restrictions: Service is not intended for children under 13; parental supervision required for users 13-18
Export Controls: Users agree to comply with all applicable export control and trade sanction laws

Termination & Account Suspension

Immediate Termination: We may terminate or suspend access immediately for violations of these terms
Effect of Termination: Upon termination, your right to use the service ceases immediately
Survival: Sections regarding liability limitation, indemnification, and dispute resolution survive termination
No Refunds: Termination does not entitle users to refunds (service is currently free)

Modifications & Updates

Right to Modify: We may update these terms and privacy policy at any time with or without notice
Notice of Changes: Material changes will be communicated through the app, email, or website notice
Continued Use: Continued use of ChatGPTree after changes constitutes acceptance of new terms
Version Control: We maintain version history of terms and privacy policy changes
Rejection of Changes: If you reject modified terms, you must discontinue use of the service