Effectiveness date: May, 16th

By using this App you acknowledge that you have read, understood and agreed to these Terms of Service.

General

The present Terms of Service establish the terms and conditions for the download and use of AI! application (hereinafter, “the/our App”), which is owned and provided by GRIMLAX TRADE, S.L., a private company with TAX ID number B72634959, and its registered office at Calle Almogàvers Número 180 (08018, Barcelona, Spain) (hereinafter, “the/our Company”), “we”, “us”, “our”). The App is not affiliated with any other platforms or third parties.

The download and/or use of the App attributes the status of User (hereinafter “the User”, “you”, “your”) and implies full acceptance of the present Terms of Service, as you agree to comply with these Terms of Service. Therefore, if you do not agree with these Terms of Service, please stop using the App and delete it from your device.

The Company reserves the right to update, without prior notice, these Terms of Service, in accordance with new legislative and/or jurisprudential requirements and/or business needs or interests, at any time and without prior notice to the User. The User shall be automatically bound to the new Terms of Services at the time they are published on the App. Therefore, we recommend the User review them periodically.

The Company reserves the right, at its sole discretion, to block or suspend at any time and without notice, the access of a User to the App in the event of a breach of these Terms of Service.

The nullity, in whole or in part, of any provision of these Terms of Service by any court decision shall not affect the validity of the remaining provisions.

For any doubt or question related to these Terms of Service, please contact us by email: info@aichatapp.app.

Services and License to Use

The App is a chat engine powered by Artificial Intelligence (AI) that uses natural language processing (NLP) technology to generate responses based on previous data and examples, capable of answering user questions in a conversational format that will include the following commands. The Company makes available to Users who meet the conditions described in these Terms of Service a chat powered by AI capable of interacting in real-time with the Users (the “Services”). The following features are part of the Services:

- Stop generating the AI response;

- Delete the chat;

- Copy the AI responses sent to you;

- Rate the App;

- Share the App with third parties

The App utilizes Open AI technology under license. By using our App we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the App. This license is subject to the terms and conditions outlined in these Terms of Service.

The User is informed, understands and agrees that:

- The responses provided may not always be accurate or reliable. The User uses the App at their own risk and is responsible for evaluating the accuracy and usefulness of the information provided by the App;

- Our technology uses User input to generate responses so we do not recommend entering confidential or personal information of the User or third parties;

- The App can only process text messages, so the User cannot give any other input than text;

- The chat messages are stored in the User’s device (the App does not store any content), and can be seen by the User while using the App. Therefore, the Company will not be held responsible for (including but not limited to): (i) the content of the messages sent by the User, (ii) the inappropriate storage in the User’s device of information, messages and/or its storage without authorization for collection, processing and communication; (iii) the loss or theft of the User's device; (iv) security incidents the User may suffer; (v) not being able to see the messages sent by the User while using the App, and in such an event to resend such information to the User.

Please refer to the Limitation of Liability section of these Terms of Service for further information regarding the Company’s responsibilities.

Please be aware: the Company reserves the right to update features and/or functionalities of the App at any time. Please refer to the Availability, Continuity, and Updates section of these Terms of Service. Use of the App and User’s responsibilities

- The App is available for the following operating systems and devices: iPhone, iPad, and other iOS devices.

- The User must be of legal age and have legal capacity to use the App according to your residence/birth laws, as applicable. If you are a minor you must obtain consent from a parent or legal guardian before using the App.

- The User is responsible for the use of the App and the content generated by the User through it, the information entered in the App and the use of the responses generated by the App.

To enjoy the App’s Services: - The User must ensure to have an Internet connection, as the AI services for text creation work online.

- The User does not have to complete any registration form.

- The User must subscribe to one of the subscription plans that are offered to be able to use all the App’s features without any limits. If the User exceeds the number of security requests, you will still have access to all functionalities. If the User exceeds the number of security requests, we will downgrade from GPT3.5 to GPT4, therefore, we keep the right to downgrade the version used for AI requests. The User will retrieve the total number of requests again when the next billing cycle starts.

- Free users would be able to use some basic features of the App with a quota limitation for text requests.

Please refer to the “Subscription Plans, price and Payment section” of these Terms of Service to learn about our rates and payment methods.

Availability, continuity and updates

- We put our best efforts into making sure that the App works as best as possible and that it is available to the User at all times. However, we cannot guarantee that the use of the App will not be interrupted by maintenance, delays, errors, or omissions due to external reasons beyond our reasonable control.

- We do not guarantee that the App will be available worldwide. We may limit the availability of the App and/or of specific features or functionalities to Users from certain geographic locations at any time. Access to the App from an unauthorized location is entirely at the User’s own risk and responsibility.

- We may add, modify or eliminate features and/or functionalities at any time. In any case, the User will be notified about the changes through the same App.

- If a new version of the App is launched, we may ask the User to update the App. Failure to download the new versions of the App may have an impact on the functionality and performance of the App’s Services, as you might not have access to the latest features, improvements and bug fixes and you might experience issues or limitations with the App’s service. For this reason, it is highly recommended to regularly check for and install any available updates to ensure a seamless and optimal experience with the App. By downloading and using the new version of the App, the User clearly states they have read, understood, and accepted the updated Terms of Service.

Code of conduct

The User agrees to use the App lawfully and ethically, in accordance with applicable laws and the appropriate practises, including, but not limited to, the provisions set forth below:

- Any unauthorized use of the App is expressly prohibited.

- Not to impersonate another individual. The User can only include personal data corresponding to their own identity that are adequate, pertinent, updated, exact and true.

- Not to use the App or any information within it for illegal, deceptive, fraudulent, offensive, obscene, defamatory, privacy-invasive, or copyright-infringing activities or purposes, violate any laws in your jurisdiction, the User will comply with all the applicable laws, rules and regulations;

- Not to use it to defame, harass, threaten or harm third parties;

- Not to take any action that interferes or prevents the proper functioning and/or that may affect the availability, security and/or integrity of the App;

- Not to interfere or disrupt networks connected to the App services, including but not limited to inserting and/or executing expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of the App, especially its source code. Likewise, the User agrees to not reverse engineer the software to discover the App’s source code and/or to scrape or extract technical data from our App;

- Not to transfer the license granted to download, access and use the App and/or any of the User’s rights or obligations under these Terms of Service without the express written consent of the Company.

- Not to breach the Company’s intellectual property rights, including but not limited to, using, modifying, creating derivative works of, transferring (by sale, resale, license, sublicense, download or otherwise), reproducing, distributing, displaying or disclosing any of the contents of the App, without prior written authorisation from the Company. Remarks:

The Company makes no guarantee regarding the User's behaviour and will not be held responsible in this regard. The User is individually and solely responsible for their actions, before the Company and third parties, for damages caused by inappropriate behaviour.

The Company reserves the right to block or eliminate the User's access to the App for the aforementioned actions, as well as any other that is contrary to good faith that harms the rights of third parties, or that infringes the laws and regulations applicable to the App and/or the Company.

Moreover, the Company, in its sole discretion, may eliminate access to the App for a User at any time without stating the reasons behind its decision.

Subscription plans, price and payment

So that the User can appreciate the value of our Application, we offer Users:

- an onboarding process explaining the most relevant features of our App. The User may explore them with a limited quota of queries to the App. The App will inform the User about the conditions of free use.

- to get full access to the App, the User must purchase a subscription. The App will display several subscription options from weekly to yearly subscriptions to cater to the diverse needs and preferences of the User.

Remarks:

- By subscribing to a plan, the User acknowledges and accepts the price and receipt of an automatic and recurring billing charge based on the chosen option.

- The Company reserves the right to update the types, conditions and price of the subscription plans offered, at any time, depending on its business objectives, strategy and needs, without prior notice to Users. Changes will be effective when published on the App.

- The subscription plans will be charged to the debit/credit card associated with the Apple user account. The User can see the invoices in the Account section.

- If the User detects an error in the charges for the costs of the App’s Service, you must directly contact Apple.

- If recurring billing cannot be processed correctly, the Company reserves the right to either interrupt and/or block the User’s access to the App without previous notice. Therefore, the User shall ensure that its payment method is active and/or it has sufficient funds for charging the subscription price.

Unsubscribe

Users who wish to cancel the Services must do so expressly, to avoid being charged recurrences. Please note that the App does not offer a cancellation option for Services and, to cancel the subscription, Users must go to the settings of their Apple account and cancel before the next subscription period begins. As a general rule, cancellation requests take effect immediately.

Please note that, in general terms, uninstalling the App without previously cancelling the subscription might not imply the cancellation of the subscription chosen.

Refund Policy

Refund requests will be exclusively handled by Apple in accordance with its own rules and regulations. It is Apple’s sole responsibility to manage the User’s refund requests, as they are the only ones in charge to approve or deny them. Moreover, they will be the ones who will establish the period in which the User will receive, if approved, the refund according to their own policies so that the Company cannot assume any responsibility in this regard.

For further information regarding a refund request to Apple check the following link: https://support.apple.com/en-us/HT204084.

If Apple does not approve the refund request made by the User, you acknowledge that the Services offered by our Company are final and non-refundable. Therefore, our Company will not make any refunds when:

- the User unsubscribes;

- access to the App is interrupted and/or blocked if the User does not comply with these Terms of Service.

Technical Means for Correcting Errors

If the User detects an error regarding their personal data, payment information and/or any other information provided by them is not exact, correct or completed, they must amend it by accessing their Apple user account directly.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Service and all the elements contained within this App, including but not limited to, all source code, databases, functionality, software, app designs, audio, video, texts, articles, descriptions, images, photographs and graphics, logos, sounds, videos (the “Content”), trademarks, service marks, brands, logos, interactive features or any other element, its structure and design, the selection and presentation of the content and elements included therein, and the software necessary for its operation, access and utilization are the property of the Company and/or the partners of the Company with whom we have submitted the corresponding licenses. This is made explicit via the copyright notice in the App.

The download and use of the App does not, under any circumstance, transfer to the User any Company’s intellectual property rights from the App. The User is only granted access with a worldwide, limited, non-exclusive, non-assignable, non-sublicensable, revocable license to access the Services and download and use the App solely for your personal, non-commercial use or internal business purpose. However, such a license does not give the User the right to the following activities (the “Prohibited Activities”):

- Copy, reproduce, aggregate, republish, upload, post, distribute, publicly communicate or display, encode, translate, transmit, distribute, sell, license, transform or, in general, make use or exploit any of the protected elements of this App for commercial purposes or not, without the Company’s prior written consent. Any of the aforementioned actions are expressly and totally forbidden and will cause the termination of the license granted to the User.

- Use of the features and functionalities offered by the App for purposes other than those outlined in these Terms of Service.

- Insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of this App, especially its source code.

- Transmit any material that may infringe the intellectual property rights of third parties.

- Send unsolicited information and/or advertisements through the App.

Notes:

- The Company reserves all intellectual property rights that are not expressly indicated in these Terms of Service under current applicable laws and regulations.

- The Company reserves the right to take all legal actions at our disposal if our intellectual property rights are infringed, including compensation for direct and indirect damages.

Limitation of Liability

The User acknowledges that the App utilizes an Open AI license to provide its Services. The User acknowledges and agrees that the use of the App and any outcomes or results obtained are solely the User’s responsibility.

To the maximum extent permitted by the applicable law, the Company shall not be liable for any direct or indirect, incidental, special, or consequential damages arising from the use or inability to use the App. The App and the Services are provided on an “as is'' basis without any warranties, either expressly or implied in connection with the Services and your use thereof, including but not limited to, guarantees of fitness for a particular purpose; no warranties or representations about the accuracy or completeness of the Service’s content or the content of any websites or applications linked to the Services and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials. Consequently, the download and/or use of the App is at the User’s own risk and responsibility.

The Company shall not assume any liability for the cases described below (by way of example but not limited to):

a) Modifications and interruptions

The Company reserves the right to change, modify or remove the contents of the App at any time for any reason at its sole discretion, without prior notice. The Company also reserves the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Services.

The Company makes its best efforts to ensure the availability and safe usage of the App. However, the download and use of the App may be promptly interrupted by maintenance tasks and/or the upload of updates of its features and/or functionalities. Also, we cannot guarantee that the App will be maintained without interruptions, delays, errors or omissions for reasons beyond our control, as well as for possible damages that may be caused by third parties through illegitimate intrusion beyond our control.

Neither the Company nor its partners, suppliers, employees or representatives will consequently be liable for any error or omission on the App and/or any damage resulting from your access to and use of the Services, including any unauthorized access to or use of our secure servers or any errors in any content and materials as a result of the use of any content posted if the content and information provided by the App is used by a User or a third party for unlawful purposes and/or to cause damage to third parties or the Company’s reputation, rights or legitimate interests.

b) Use of the License by the User

-The Company will not assume any responsibility when/if/for (by way of example but not limited to):

The information and/or data entered by the User to enable the AI to create what the User requests.

-The accuracy, reliability or continuous availability of the App. The Users use the App at their own risk and are responsible for evaluating the accuracy and usefulness of the information provided by the App.

-The User has caused damage, direct and/or indirect, to third parties by using the personal data of another person, or their own personal data when they are false, erroneous, outdated, inadequate or irrelevant.

The correct functioning of the App at the time of usage for circumstances beyond the Company’s control.

- The misuse or malfunction of the User’s devices used to access the App, as it is the User’s responsibility to ensure the proper functioning and security of their devices.

- The User breaches their commitments and/or any other provision set out in these Terms of Service. Withdrawal right

Once you have downloaded and used the App and, in any case, when you subscribe to a plan, you are explicitly acknowledging and accepting that the content and Services offered will be accessible and consumed immediately. As a consequence, the right of withdrawal typically granted to Users or Consumers does not apply in this case, and for this reason you will not be able to exercise your right to cancel the subscription or request a refund.

Data Protection

We care about your privacy and security, and we want to ensure that you understand and agree to our Privacy Policy.

By using this App, you acknowledge and consent to the collection and processing of your personal data to provide the Services offered according to the content of this Terms of Service. The Company has implemented appropriate technical and organizational measures to guarantee the confidentiality and security of the User’s personal data. There is a risk of interception or unauthorized access to data transmitted through the App. Therefore we advise you to exercise caution and discretion when sharing sensitive or confidential information.

Term and Termination

These legal terms shall remain in full force and effect while you use the App Services. The Company reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person without stating reasons.

Applicable law and jurisdiction

These Terms of Service shall be governed and construed in accordance with the laws of Spain. Any dispute arising out of these Terms of Service shall be subject to the exclusive jurisdiction of the competent courts of Barcelona, Spain.

The non-exercise by the Company of any right provided or derived from these Terms of Service shall not be construed under any circumstances as a waiver of those rights. The Company shall only waive its rights expressly and in writing, or by the statute of limitations, in accordance with the currently applicable law.