Terms of Service & Privacy Policy
Last Updated: December 2024
Welcome to OTR404 ("OTR404," "we," "our," or "us"). We operate an off-the-record artificial intelligence chat service designed with privacy as its foundational principle. By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and Privacy Policy (collectively, the "Agreement"). If you do not agree to these terms, please do not use the Service.
1. Acceptance of Terms
By creating an account, accessing, or using OTR404 (the "Service"), you represent that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms.
2. Description of Service
OTR404 provides a privacy-focused artificial intelligence chat interface that enables users to interact with various AI models. Our Service is designed with an ephemeral architecture, meaning conversations are not retained beyond the active session unless explicitly required for service functionality.
3. Privacy Commitment
Privacy is not merely a feature of OTR404—it is the core principle upon which our Service is built. We have implemented the following data handling practices:
3.1 Data We Do Not Collect
- Conversation content or chat history
- User queries or prompts submitted to AI models
- IP addresses or device fingerprints for tracking purposes
- Behavioral analytics or usage patterns
- Third-party tracking identifiers
3.2 Data We Collect
We collect only the minimum information necessary to provide and maintain the Service:
- Account Information: Email address for authentication and account recovery purposes
- Billing Information: Payment details processed securely through our third-party payment processor (Stripe) for subscription management
- Credit Balance: A numerical record of your remaining service credits
3.3 Cookie Policy
We utilize cookies exclusively for essential service functions:
- Session authentication and maintenance
- Security tokens to prevent unauthorized access
We do not employ cookies for advertising, analytics, cross-site tracking, or any purpose beyond core service functionality.
3.4 Third-Party AI Providers
Our Service interfaces with third-party AI model providers to process your requests. We have selected providers that offer zero-retention API endpoints where available, meaning your conversation data is not stored or used for model training by these providers. The specific data retention policy of each model is disclosed within the Service interface.
3.5 Data Retention
Conversation data exists only in volatile memory during your active session and is not persisted to any storage medium. Account information is retained only for the duration of your active account and is deleted upon account termination.
4. Acceptable Use Policy
You agree to use the Service in compliance with all applicable local, state, national, and international laws and regulations. The following activities are expressly prohibited:
- Any use that violates applicable law, including but not limited to laws regarding privacy, intellectual property, export control, or consumer protection
- Generating, distributing, or facilitating content that exploits, harms, or endangers minors
- Creating content intended to harass, threaten, or incite violence against individuals or groups
- Attempting to circumvent, disable, or interfere with security features of the Service
- Reverse engineering, decompiling, or attempting to extract the source code of the Service
- Using the Service to develop competing products or services
- Reselling, sublicensing, or redistributing access to the Service without authorization
We reserve the right to suspend or terminate access for users who violate these terms, without prior notice or liability.
5. Intellectual Property
The Service, including its original content, features, and functionality, is owned by OTR404 and is protected by international copyright, trademark, and other intellectual property laws.
You retain ownership of any content you input into the Service. By using the Service, you grant us a limited, non-exclusive license to process your inputs solely for the purpose of providing the Service to you.
6. Payment and Billing
Certain features of the Service require payment. By subscribing to a paid plan, you agree to pay all applicable fees as described at the time of purchase. Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected).
Credits included in your subscription do not roll over to subsequent billing periods. Refunds are provided in accordance with applicable law and at our reasonable discretion.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that: (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
AI-generated content may contain inaccuracies, errors, or inappropriate material. You are solely responsible for evaluating and verifying any output generated through the Service before relying upon it.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OTR404, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).
9. Indemnification
You agree to defend, indemnify, and hold harmless OTR404 and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Service.
10. Modifications to Service and Terms
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
We may revise this Agreement from time to time. The most current version will always be posted on this page with an updated "Last Updated" date. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised terms.
11. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach this Agreement.
Upon termination, your right to use the Service will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Any dispute arising from or relating to this Agreement or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.
13. Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
14. Entire Agreement
This Agreement constitutes the entire agreement between you and OTR404 regarding the Service and supersedes all prior agreements, representations, and understandings, whether written or oral.
15. Contact Information
For questions, concerns, or requests regarding this Agreement or our privacy practices, please contact us at:
Legal Inquiries: legal@otr404.com
Privacy Inquiries: privacy@otr404.com
General Support: support@otr404.com