Welcome to HMX Nova, an AI-powered business assistant developed and operated by HashMicro Pte Ltd. (hereinafter referred to as “HashMicro”, “We”, “Us”, or “Our”). HMX Nova is distributed as an application on the ChatGPT App Store operated by OpenAI, OpCo, LLC (“OpenAI”).
These Terms and Conditions (hereinafter referred to as the “Terms”) govern your access to and use of HMX Nova, including any related features, content, integrations, and services made available through the ChatGPT platform (collectively, the “Services”).
By installing, enabling, accessing, or using HMX Nova, You acknowledge that You have read, understood, and agree to be legally bound by these Terms, together with Our Privacy Policy. If You do not agree with any part of these Terms, You must not access or use the Services.
These Terms operate in addition to, and do not replace, OpenAI's Terms of Use and Usage Policies, which also apply to Your use of HMX Nova through ChatGPT.
Definitions
For the purposes of these Terms, the following definitions shall apply:
- “HMX Nova” refers to the AI assistant application developed by HashMicro as part of the HMX product line and made available on the ChatGPT App Store, including any updates, upgrades, new features, or modifications.
- “ChatGPT” refers to the conversational AI platform operated by OpenAI through which HMX Nova is delivered to end users.
- “User”, “You”, or “Your” refers to any individual or legal entity who accesses or uses HMX Nova.
- “Content” refers to any text, prompts, data, files, images, or other materials submitted to or generated by HMX Nova.
- “Output” refers to responses, recommendations, drafts, summaries, code, or other materials generated by HMX Nova in response to Your input.
Description of the Services
HMX Nova is an AI assistant designed to support business productivity tasks, such as information retrieval, content drafting, data interpretation, and workflow assistance relevant to HashMicro's ERP and business software ecosystem.
HMX Nova relies on large language model technology provided through the ChatGPT platform. Accordingly, Output generated by HMX Nova is probabilistic in nature and may not always be accurate, complete, or current. You are solely responsible for evaluating the suitability of any Output before relying on it for business, legal, financial, medical, or other material decisions.
HashMicro may, at its sole discretion, modify, enhance, suspend, or discontinue any part of the Services at any time, with or without notice.
Eligibility
To use HMX Nova, You must be at least 18 years of age, or the age of majority in Your jurisdiction, and have the legal capacity to enter into a binding agreement. If You are using HMX Nova on behalf of an organization, You represent and warrant that You are authorized to bind that organization to these Terms.
Use of HMX Nova is prohibited in jurisdictions where such use would be unlawful or contrary to local regulations, including export control, sanctions, and AI-related laws.
Access through ChatGPT
Access to HMX Nova is provided through Your ChatGPT account. You are responsible for maintaining the confidentiality of Your ChatGPT credentials and for all activities that occur through Your account. Account management, authentication, and billing for ChatGPT itself are governed by OpenAI's terms, not by HashMicro.
HashMicro is not responsible for any issues arising from the ChatGPT platform itself, including unavailability, data loss within ChatGPT, or unauthorized access to Your ChatGPT account.
Acceptable Use
You agree to use HMX Nova only for lawful purposes and in accordance with these Terms, OpenAI's Usage Policies, and applicable laws. You agree NOT to:
- Use HMX Nova to generate, distribute, or facilitate unlawful, harmful, harassing, defamatory, discriminatory, or deceptive content.
- Attempt to reverse engineer, decompile, disassemble, or otherwise derive the underlying source code, models, or training data of HMX Nova or ChatGPT.
- Use HMX Nova to produce content that infringes the intellectual property rights, privacy rights, or other rights of any third party.
- Submit personal data of others, sensitive information (such as health or financial records), or confidential business information without appropriate authorization.
- Use Output to mislead others into believing it was generated by a human when context requires disclosure.
- Probe, scan, or test the vulnerability of HMX Nova or interfere with its operation, including through automated means, scraping, or bypassing rate limits.
- Use HMX Nova to provide professional advice (legal, medical, tax, financial) to third parties without appropriate professional oversight.
- Resell, sublicense, or redistribute HMX Nova or its Output in a manner that competes with HashMicro's core offerings, without Our prior written consent.
HashMicro reserves the right to investigate and take appropriate action, including restricting access or reporting violations to OpenAI or competent authorities, in response to any breach of this section.
Your Content and Output
You retain ownership of any Content You submit to HMX Nova, subject to the licenses granted in these Terms and in OpenAI's terms. By submitting Content, You grant HashMicro a limited, non-exclusive, worldwide, royalty-free license to process such Content solely for the purpose of providing, maintaining, and improving the Services.
Output generated by HMX Nova is provided to You for Your internal and business use. Because AI models may produce similar responses to different users, We do not guarantee that Output is unique to You. You are responsible for reviewing, editing, and validating any Output before publication or use, particularly where accuracy, compliance, or intellectual property are concerned.
You must not represent Output as being created by a human where disclosure is required by law or by applicable platform policies.
Intellectual Property
HMX Nova, including its name, logo, prompts, instructions, interface, documentation, and underlying configuration, is owned by HashMicro and protected by applicable intellectual property laws. Nothing in these Terms transfers any intellectual property rights in HMX Nova to You, except for the limited right to use the Services in accordance with these Terms.
“HashMicro”, “HMX”, and “HMX Nova”, together with related logos and marks, are trademarks of HashMicro Pte Ltd. “ChatGPT” and related marks are trademarks of OpenAI. You may not use any of these marks without prior written permission from the respective owner.
Data, Privacy, and Third-Party Processing
Your use of HMX Nova involves the processing of data by both HashMicro and OpenAI. Data You submit to HMX Nova is transmitted through the ChatGPT platform and is subject to OpenAI's privacy practices in addition to Ours.
Our collection and processing of personal data in connection with HMX Nova is described in Our Privacy Policy. By using HMX Nova, You acknowledge that You have reviewed and accepted Our Privacy Policy and OpenAI's privacy notice.
You are responsible for ensuring that any data You submit through HMX Nova complies with applicable data protection laws, including obtaining any necessary consents from data subjects.
Service Availability
HashMicro will make reasonable efforts to keep HMX Nova available and functional; however, We do not guarantee uninterrupted, error-free, or continuously available Services. The Services may be unavailable due to scheduled maintenance, updates, third-party platform outages (including ChatGPT), network issues, or events beyond Our reasonable control.
HashMicro reserves the right, at its sole discretion, to limit, suspend, or terminate access to HMX Nova for any User found to be in violation of these Terms or applicable laws, without prior notice.
Disclaimer of Warranties
The Services, including HMX Nova and all Output, are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, HashMicro disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and absence of errors.
You acknowledge that HMX Nova relies on generative AI technology, and that Output may contain inaccuracies, omissions, or content that could be misleading if relied upon without verification. HMX Nova is not a substitute for professional advice, and You agree to independently verify any material information before acting upon it.
Limitation of Liability
To the maximum extent permitted by applicable law, HashMicro, its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for any loss of profits, revenue, data, business opportunities, or goodwill, arising out of or in connection with Your use of, or inability to use, HMX Nova, even if HashMicro has been advised of the possibility of such damages.
In no event shall HashMicro's total aggregate liability arising out of or related to these Terms exceed one hundred United States Dollars (USD 100), or the amount, if any, paid by You directly to HashMicro for the Services in the twelve (12) months immediately preceding the event giving rise to the claim, whichever is greater.
Indemnification
You agree to indemnify, defend, and hold harmless HashMicro, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (i) Your use or misuse of the Services; (ii) Your violation of these Terms or any applicable law; (iii) Your Content or Output; or (iv) Your infringement of any third-party rights.
Third-Party Services
HMX Nova operates on top of the ChatGPT platform provided by OpenAI and may interact with other third-party services. HashMicro is not responsible for the availability, content, policies, or practices of such third-party services. Your use of those services is governed by their respective terms and privacy notices.
Any issues related to billing, subscription, or platform access for ChatGPT should be directed to OpenAI.
Suspension and Termination
HashMicro may, at its sole discretion and without prior notice, suspend or terminate Your access to HMX Nova if We believe, in good faith, that You have breached these Terms, engaged in unlawful conduct, or created risk or possible legal exposure for HashMicro or other users.
You may stop using HMX Nova at any time by uninstalling or disabling the app in Your ChatGPT account. Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, and any other provisions which by their nature should survive, shall survive termination of these Terms.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall first be attempted to be resolved amicably through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, it shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with its applicable rules, with the seat of arbitration in Singapore, conducted in English.
Amendments
We reserve the right to modify, revise, or update these Terms from time to time to reflect changes in the Services, legal requirements, or business practices. Material changes will be communicated through Our website or through the ChatGPT App Store listing of HMX Nova.
Your continued use of HMX Nova after such changes become effective constitutes Your acceptance of the revised Terms. If You do not agree with the revised Terms, You must discontinue use of the Services.
Severability and Entire Agreement
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. These Terms, together with Our Privacy Policy, constitute the entire agreement between You and HashMicro regarding HMX Nova and supersede any prior agreements or understandings on the same subject matter.
