Terms of Service

These Terms of Use are applicable when you use WritingBuddy and any other individual services provided by Softaar Technologies UG (haftungsbeschränkt) including related software applications and websites (collectively referred to as "Services"). By entering into this agreement with Softaar Technologies UG, you acknowledge and accept our Service Terms and the crucial clauses about resolving disputes. Your use of our Services signifies your consent to these Terms.

The use of WritingBuddy, our APIs, and other business and developer services is governed by these Terms. Our Privacy Policy is a separate document that details our practices for collecting and utilizing personal information — you can read it at writingbuddy.ai/privacy-policy.

Softaar Technologies UG (haftungsbeschränkt) is a company focused on AI-based Software-as-a-Service, committed to ensuring that artificial general intelligence is advantageous for all of humanity.

1. Registration and Accessibility

Age Requirement

To use the Services, you must be at least 16 years old (in compliance with EU GDPR regulations) or the minimum age of consent in your country. Users under 18 need permission from a parent or legal guardian to use the Services.

Account Registration

To create an account and access our Services, you need to provide accurate, complete information. Account credentials should not be shared or used by others, and you are accountable for all activities under your account. If you're registering or using the Services on behalf of another individual or entity, you must be authorized to agree to these Terms on their behalf.

2. What You're Not Allowed to Do

Our Services must not be used for illegal, harmful, or abusive purposes. Specifically, you must not:

• Infringe, violate, or misappropriate others' rights through our Services.
• Alter, reproduce, lease, sell, or distribute our Services in any form.
• Try to reverse engineer, decompile, or uncover the source code or internal mechanics of our Services, including our models, algorithms, or systems, except where such actions are legally permissible.
• Extract data or Output from our Services automatically or programmatically.
• Misrepresent Output as human-generated if it's not.
• Disrupt our Services, evade any restrictions, or bypass safety measures.
• Use the Output to create competing services to WritingBuddy.

3. Third-Party Services

Our Services may incorporate third-party software, products, or services, each governed by their own terms. We aren't responsible for these third-party elements.

Feedback

Your feedback is valuable, and we reserve the right to use it without any obligation to compensate you.

4. Content Responsibilities

Your Contributions

You may supply input ("Input") and receive output ("Output") from our Services, collectively termed "Content." You're accountable for the Content, ensuring it doesn't breach laws or these Terms. You must have necessary rights and permissions for your Input.

Ownership

You keep ownership rights to your Input and own the Output. We transfer all our rights in the Output to you.

Content Uniqueness

Given the nature of AI, Output might not be unique, and others may receive similar Output. Our rights assignment doesn't cover others' Output.

Our Content Usage

We may use Content to enhance our Services, comply with laws, enforce terms and policies, and ensure service safety. We will not use any customer data, including inputs, outputs, or generated content, for showcasing, publishing to examples pages, or any public display without obtaining explicit written consent from the customer.

5. Accuracy and Reliability

Nature of AI

As AI and machine learning evolve, we're continuously refining our Services for better accuracy and reliability. However, given machine learning's probabilistic nature, Outputs might not always reflect reality.

Output Caveats

Output may not be accurate and shouldn't be the sole source of truth or professional advice. Evaluate Output for accuracy before use.

Legal and Material Impact

Avoid using Output about individuals for decisions that could significantly affect them legally or materially.

Disclaimer

Incomplete, incorrect, or offensive Output does not reflect Softaar Technologies UG's views. References to third-party products or services in Output don't imply endorsement or affiliation.

6. Intellectual Property Rights

All rights, titles, and interests in the Services are owned by us and our affiliates. Use of our name and logo is only permitted as specified in our Brand Guidelines.

7. Subscription and Payment

Billing Details

When purchasing Services, you must provide accurate billing details, including a valid payment method. For subscription services, we will automatically bill the provided payment method at each renewal period until cancellation. Applicable taxes will be charged, and if payment fails, your account may be downgraded or access suspended until payment is received.

Service Credits

Some Services can be prepaid via service credits, which are governed by our Service Credit Terms below.

Cancellation Policy

You may cancel your subscription at any time. Payments made are non-refundable, except as required by law. Local mandatory laws on cancellation rights (such as EU consumer withdrawal rights) take precedence over these Terms.

Pricing Changes

We may modify our prices. The new prices will apply from the next renewal, allowing you to cancel if you disagree with the increase.

File Retention Policy

We may delete any created files, documents, or generated content after 30 days from their creation date. This includes but is not limited to uploaded PDFs, generated documents, LaTeX files, and other user-created content. We recommend that you download and save any important documents to your local device to ensure permanent access. We are not responsible for any loss of data due to this retention policy.

8. Termination and Suspension Policies

Account Termination

You may discontinue using our Services anytime. We may suspend or terminate your access or delete your account if:

• Legal compliance necessitates it.
• Your usage poses a risk or harm to Softaar Technologies UG, our users, or others.
• Your account has been inactive for over a year without a paid subscription.

Appeals Process

If you believe your account was wrongfully suspended or terminated, you can appeal by contacting our Support team at support@writingbuddy.ai.

Service Termination Notice

Should we choose to terminate our Services, we will notify you in advance and provide a refund for any prepaid services that remain unused.

9. Warranty Disclaimer

THE SERVICES ARE DELIVERED "AS IS." WE, ALONG WITH OUR AFFILIATES AND LICENSORS, DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED, INCLUDING STATUTORY WARRANTIES) RELATED TO THE SERVICES, UNLESS SUCH DISCLAIMERS ARE LEGALLY PROHIBITED. THIS INCLUDES WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE MAKE NO GUARANTEES THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT CONTENT WON'T BE LOST OR ALTERED. YOU ACKNOWLEDGE THAT USING THE SERVICE OUTPUTS IS AT YOUR OWN RISK AND SHOULD NOT BE SOLELY RELIED UPON FOR ACCURACY OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

10. Limitation of Liability

WE AND OUR AFFILIATES OR LICENSORS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, USAGE, OR DATA. THIS IS TRUE EVEN IF WE'VE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY UNDER THESE TERMS WON'T EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR €100. THESE LIMITATIONS APPLY ONLY AS FAR AS THE LAW ALLOWS.

In jurisdictions where certain warranties or damage limitations are not permitted (including EU consumer protection laws), these terms may not fully apply to you. In such cases, our responsibilities are limited to the greatest extent legally permissible in your country. Our affiliates, suppliers, licensors, and distributors are also beneficiaries of these terms.

11. Indemnity Agreement

Businesses or organizations agree, where legally permissible, to indemnify and protect us, our affiliates, and our personnel against any expenses, losses, liabilities, and legal fees resulting from third-party claims linked to your use of our Services and Content or any violation of these Terms.

12. Dispute Resolution Agreement

Governing Law

German law, excluding conflict of laws principles, governs these Terms. For consumers in the EU, mandatory consumer protection laws of your country of residence may also apply.

Informal Resolution

Before legal action, both parties agree to attempt informal dispute resolution. Notices should be sent to support@writingbuddy.ai, and if unresolved within 60 days, either party may initiate formal proceedings.

EU Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Jurisdiction

All related claims must be filed in the courts of Dresden, Germany, except as mentioned in the dispute resolution section or where mandatory consumer laws require otherwise.

13. Copyright Infringement Notice Procedure

To report a potential violation of your copyright, please contact us at the provided address or complete the online form. We reserve the right to remove or disable access to content that appears to infringe upon these Terms or is allegedly infringing. Repeat infringers may face account termination.

Softaar Technologies UG (haftungsbeschränkt)

ABAKUS Business-Center Blasewitzer Straße 41 01307 Dresden, Germany

Your written notice should contain:

• The authorized representative's physical or electronic signature.
• A detailed description of the copyrighted material you believe has been violated.
• The specific location of the potentially infringing material on our site.
• Your contact information: address, phone number, and email.
• A declaration of your belief, in good faith, that the use in question is not authorized by the copyright holder, its representative, or the law.
• A statement, under penalty of perjury, that your notice is accurate and that you are the copyright holder or are authorized to represent them.

14. General Terms

Non-Transferability of Terms

You cannot transfer your rights or obligations under these Terms. Any such attempts are null and void. We, however, may transfer our rights or obligations to any affiliated entity or successor.

Updates to Terms or Services

We continually enhance our Services, which may lead to updates in these Terms. Changes could be due to legal, security, uncontrollable circumstances, or service development reasons. Significant changes will be communicated at least 30 days in advance through email or in-product notifications. Any other updates take effect upon posting on our website. Disagreement with the changes requires discontinuation of our Services.

Enforcement and Validity of Terms

Our failure to enforce any part of these Terms is not a waiver of our rights. If any section of these Terms is deemed invalid or unenforceable, it will be enforced to the fullest extent allowed, without affecting the validity of other sections.

Compliance with Trade Laws

You must adhere to all relevant trade laws, including sanctions and export controls. Our Services should not be used in, for, or exported to prohibited individuals or countries under these laws. Your inputs should not contain materials requiring special government licenses for export.

Entire Agreement

These Terms, excluding service-specific terms, represent the full agreement between you and Softaar Technologies UG regarding our Services, superseding all previous agreements.

15. Service Credit Terms

These Terms, an agreement between you and Softaar Technologies UG, or its affiliates, regulate your acquisition, receipt, or utilization of any credits redeemable for our Services ("Service Credit"). Capitalized terms not defined here are clarified in the Agreement, which governs your use of the relevant Services.

We offer the possibility to prepay for select Services by purchasing credits ("Prepaid Service Credits"), representing your advance payment for these Services. Specific Services might have additional terms. Additionally, we might provide Service Credits at no cost as part of a promotional offer ("Promo Service Credits"), not to be used against certain taxes.

Important: Service Credits are neither legal tender nor currency, lack monetary value, and cannot be exchanged for money. They are not a substitute for fiat currency, do not carry a fiat currency equivalent, and confer no personal property rights. These credits are non-transferable and strictly for the intended Service. All Service sales are final, including prepaid ones. Service Credits are non-refundable and expire after one year from purchase or issuance unless stated otherwise at purchase.

Monthly Credit Expiration

For subscription-based services, credits (number of documents) are provided on a monthly basis and do not accumulate or carry over to subsequent billing periods. If you purchase a plan that includes 4 credits per month and do not use all 4 credits within that month, the unused credits will expire at the end of the billing period and will not be available in the next month. Your new monthly allocation of credits will be available at the start of each new billing period.

Your Service Credit balance can be checked in your WritingBuddy account. It's your responsibility to ensure the correct balance. This balance does not represent a bank account or other payment device. Any attempted transfer, sale, gift, or trade of Service Credits is prohibited and unrecognized. Such actions may lead to their revocation and/or your Service suspension or termination.

We reserve the right to suspend or terminate your Service use or Service Credit balance in line with the Agreement and applicable laws. We may change these Terms by updating them on our website or emailing you. Changes take effect upon posting or as indicated in the email. Continued use of Service Credits after modifications implies your acceptance of the revised Terms.

16. Contact Information

Softaar Technologies UG (haftungsbeschränkt)

Blasewitzer Straße 41 ABAKUS Business Center 01307 Dresden Germany

Managing Director: Al Mamun

Registration: Amtsgericht Dresden, HRB 47645

VAT ID: DE460666450