End User License Agreement (EULA) & Terms and Conditions

1. Third-Party Services & SDKs

The Licensed Application may integrate or rely on software development kits (SDKs), libraries, APIs, and services provided by third parties. These include, but are not limited to:

• Appodeal (Stack, Inc.): An advertising mediation platform used to serve in-app advertisements. Appodeal and its demand-side partners may collect device identifiers, IP address, and usage data to deliver personalized ads. Appodeal Privacy Policy.
• Sentry (Functional Software, Inc.): A crash reporting and diagnostics platform that collects error data, device state, and diagnostic information to help us identify and resolve bugs. Sentry Privacy Policy.
• Google Play Services (Google LLC): Infrastructure services including location, authentication, and in-app billing. Google Privacy Policy.

Consent for personalized advertising is managed via an integrated Consent Management Platform (CMP). Usage of the app does not imply consent to data collection for advertising purposes.

Third-party software included in the Licensed Application (such as open-source libraries) is provided to You under the license terms of the applicable third-party licensor, which may be viewable in the "About" or "Settings" section of the Licensed Application.

2. External Services & Bring Your Own Key (BYOK)

The Licensed Application may enable access to the Licensor's and/or third-party services, websites, content, and data sources (collectively and individually, "External Services"). You agree to use External Services at Your sole risk.

The Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, legality, or any other aspect of any third-party External Services, and shall not be liable for any such External Services.

Data displayed by any Licensed Application or External Service, including but not limited to location information, mapping data, financial information, and other informational content, is for general informational purposes only and is not guaranteed by the Licensor or its agents for accuracy or reliability. You should not rely on such data for navigation, safety-critical decisions, or any purpose where inaccurate data could lead to damage, injury, or death.

You will not use the External Services in any manner that is inconsistent with the terms of this T&C or that infringes the intellectual property rights of the Licensor or any third party. The Licensor reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to You.

2.1 Bring Your Own Key (BYOK) Model & API Liability

Certain Licensed Applications may operate on a "Bring Your Own Key" (BYOK) model, requiring You to input Your own API keys (e.g., Google Gemini, OpenAI, NVIDIA) to access specific functionalities.

Liability for software errors resulting in financial loss regarding your own API keys is limited to the last subscription fee paid or EUR 50.00, whichever is higher, unless caused by gross negligence or willful misconduct.

Strict Liability Disclaimer: The Licensor expressly disclaims any and all liability for costs, charges, or fees incurred through Your API keys. This includes, but is not limited to, costs arising from:

• Normal usage of the Licensed Application;
• Quota exhaustion or unexpected high usage;
• API key leaks, whether due to Your negligence, third-party interception, or security vulnerabilities;
• Software bugs, infinite loops, or errors within the Licensed Application that cause excessive API calls.

By using a BYOK feature, You expressly agree to monitor Your API usage and set appropriate billing limits or alerts with Your provider. You assume full financial responsibility for any API usage generated through Your keys.

3. Updates and Modifications

The Licensor may from time to time, at its sole discretion, develop and provide updates, upgrades, bug fixes, patches, and other modifications to the Licensed Application ("Updates"). Updates may also modify or delete certain features and/or functionalities of the Licensed Application.

Significant updates that change core functionality will be announced reasonably in advance via the Application's UI or store description.

You further agree that all Updates will be deemed to constitute an integral part of the Licensed Application and will be subject to the terms and conditions of this T&C, unless a separate license agreement is provided with such Updates.

The Licensor reserves the right, at its sole discretion, to modify, suspend, or discontinue the Licensed Application or any service to which it connects, with or without notice and without liability to You, except where prohibited by applicable law.

4. In-App Purchases & Subscriptions

The Licensed Application may offer in-app purchases or subscription-based features handled via the RevenueCat infrastructure ("Paid Features"). Provision of these features is governed by T&C. By purchasing such features, You acknowledge and agree that:

• All billing, payment processing, and cancellations are handled exclusively by the platform providers (Apple App Store or Google Play Store). The Licensor uses RevenueCat for technical validation of the premium status and to analyze aggregated business metrics (e.g., active subscribers, MRR); RevenueCat does not process direct payment information.
• Payments will be charged to your Apple ID or Google Play account upon purchase confirmation.
• Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours in advance. You must manage and cancel your subscriptions in your native device subscription settings. We cannot cancel a membership directly from a support request.
• In the event of an outage of the RevenueCat or platform servers, You may temporarily lose access to the premium features. Such outages are governed by the Service Level Agreements of the platform providers and do not entitle You to financial refunds from the Licensor.

5. Right of Withdrawal for Digital Content (FAGG)

Withdrawal Information

An electronic withdrawal function ('Withdrawal Button') in accordance with EU Directive 2023/2673 is available to you in the app's account settings or on our website.

The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise this right, please contact the respective App Store (Apple or Google) where the purchase was made, as we cannot issue direct refunds.

Premature Expiration of the Right of Withdrawal

An electronic withdrawal function ('Withdrawal Button') in accordance with EU Directive 2023/2673 is available to you in the app's account settings or on our website.

We actively obtain this consent and acknowledgment during every in-app purchase (check-out) through an active, non-pre-ticked checkbox prior to payment authorization to ensure you have immediate access to the digital content. Without this explicit consent, performance of the contract will only begin after the 14-day withdrawal period has expired.

Electronic Withdrawal Function (Withdrawal Button)

An electronic withdrawal function ('Withdrawal Button') in accordance with EU Directive 2023/2673 is available to you in the app's account settings or on our website.

6. User Conduct and Acceptable Use

• You must be at least 14 years old to use the Application. For features involving unfiltered AI content generation, a minimum age of 18 is required.
• You have the legal capacity to enter into this Agreement and are not prohibited by law from receiving or using the Application.
• You will not use the Application to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• You will not interfere with or disrupt the integrity or performance of the Application or its underlying systems, servers, or networks.
• You are solely responsible for any data, content, or materials that You create, store, or process using the Application.

7. User-Generated Content and Moderation

Ownership of user-generated content (UGC) remains with you. However, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, store, and display your content for the purpose of operating and improving the Application's services for the duration of your relationship with the app.

By uploading User Content, You warrant that You own the content or have the legal right to post it, and that the content does not violate applicable laws or the intellectual property or privacy rights of any third party. You explicitly agree that Your User Content will not:

• Promote violence, incite hatred, harass, stalk, defame, or risk serious physical harm.
• Contain or promote Child Sexual Abuse and Exploitation (CSAE) or any material that endangers minors.
• Constitute deceptive practices, including impersonation, the use of manipulated synthetic media (deepfakes), or the promotion of financial scams and pyramid schemes.
• Contain sexually explicit material, pornography, or gratuitous gore.

Moderation & Removal: The Licensor reserves the right, utilizing both automated signals and human review, to monitor, modify, restrict the discoverability of, or permanently remove any User Content at our sole discretion, at any time, for any reason, without prior notice to You. We may also terminate Your access to the Application if You chronically violate these User Content guidelines.

8. Warranty under the Consumer Warranty Act (VGG)

The application is provided 'as is'. However, for Austrian consumers, the Consumer Guarantee Act (VGG) applies. We provide necessary updates (security/functional) for a reasonable period. We are liable for lack of conformity during the contract period.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION. THIS EXPLICITLY INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Statutory Rights (Austria): Notwithstanding the above, if You are a consumer in Austria, the Austrian Consumer Warranty Act (VGG) applies. We commit to providing necessary updates (including security updates) for the Application for the period you could reasonably expect, to keep the app secure and functional. We are liable for any lack of conformity that occurs or becomes apparent during the contractual supply period for continuous digital services.

We assume no warranty for outages or defects caused by external factors beyond our control (e.g., infrastructure outages by Apple, Google, or third parties like RevenueCat). We also do not warrant that the application will function flawlessly if unauthorized modifications (e.g., jailbreak, rooting) are made to your device.

9. Liability and Limitation of Liability

Liability is limited to intent and gross negligence for consumers.

THIS LIMITATION OF LIABILITY INCLUDES DAMAGES FOR LOSS OF PROPERTY, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION.

Consumer Protection (Austria/EU): Towards consumers within the meaning of the Consumer Protection Act (KSchG), we are only liable for damages resulting from intentional or gross negligent conduct by us or our vicarious agents. Liability for slight negligence is excluded, except for direct personal injury, mandatory warranty claims, or claims under the Product Liability Act. This limitation does not apply to the breach of essential contractual obligations.

10. Dispute Resolution and Mandatory Binding Arbitration

This section applies exclusively to B2B customers. It is not binding for consumers. For consumers within the EU/Austria, mandatory arbitration clauses are largely ineffective (§ 617 ZPO, § 6 KSchG) and state courts have jurisdiction.

10.1 Scope. This Section 11 (Arbitration Agreement) applies exclusively to business and corporate customers (B2B). This section is not binding on consumers.

11.2 Informal Resolution

Before initiating a formal proceeding, You and the Licensor agree to attempt to resolve any dispute informally for 60 days.

11.3 Mandatory Binding Arbitration (B2B)

If no resolution is reached, all disputes shall be settled by binding arbitration rather than in a court of general jurisdiction. The arbitration shall be conducted under the rules of the International Chamber of Commerce (ICC) or a comparable body.

11.4 Class Action Waiver (B2B)

YOU AND THE LICENSOR AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

11.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may assert claims in a small claims court if the claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. Furthermore, either You or We may seek equitable relief in court for the infringement, misappropriation, or other misuse of intellectual property rights.

Consumer Exception (EU/Austria): If You are a consumer in the European Union or Austria, mandatory consumer protection laws apply. Pursuant to the KSchG, mandatory arbitration clauses are not binding on Austrian consumers. In such cases, Section 4 (Governing Law and Jurisdiction) shall apply.

11.4 30-Day Opt-Out Right

You have the right to opt out of the provisions of this Arbitration Agreement. To do so, You must notify the Licensor in writing within thirty (30) days of the date You first became subject to this arbitration clause. Your written communication must include Your name, email address, and a clear statement demonstrating Your intent to opt out, and must be sent to: persie0@protonmail.com.

11. Severability, Waiver, and Interpretation

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties.

The failure of the Licensor to enforce any right or provision of this Agreement at any time shall not constitute a waiver of such right or provision. No waiver of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.

The words "include", "including", and variations thereof shall be interpreted as if followed by the words "without limitation." The section and subsection headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

12. Assignment

For consumers: Such an assignment of obligations is only permissible if the Licensor remains liable for fulfillment or if the transfer does not result in a significant disadvantage for the consumer (§ 6 Abs. 2 Z 2 KSchG).

You may not assign, transfer, sublicense, or delegate any of Your rights or obligations under this Agreement, in whole or in part, without the prior written consent of the Licensor. Any purported assignment in violation of this Section shall be null and void.

13. Governing Law and Jurisdiction

14.1 Governing Law

This Agreement and any disputes arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Austria, without regard to its conflict of laws principles.

If You are a consumer habitually resident in a Member State of the European Union, You additionally benefit from any mandatory provisions of the consumer protection law of Your Member State of residence. Nothing in this Agreement shall affect Your rights as a consumer to rely on such mandatory provisions of local law.

14.2 Jurisdiction

Any disputes arising out of or in connection with this Agreement shall be subject to the non-exclusive jurisdiction of the competent courts of Austria.

If You are a consumer within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG) or equivalent EU legislation, You may bring proceedings in the courts of Your country of habitual residence. We may only bring proceedings against You in the courts of Your country of habitual residence.

14.3 Consumer Dispute Resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board, unless required by applicable law.

14.4 Exclusion of the UN Convention

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded from application to this Agreement.

14. Changes to This EULA

The Licensor reserves the right to modify this Agreement from time to time for legitimate reasons, including but not limited to: changes in applicable law or regulatory requirements, improvements to the Application, introduction of new features, or addressing security concerns.

If we make material changes to this Agreement, we will notify You in an appropriate manner, such as by displaying a prominent notice within the Application, updating the "Last Updated" date at the top of this page, or sending You a notification before the changes take effect.

Your continued use of the Application after any changes have been posted constitutes Your acceptance of the revised Agreement. If You do not agree to the modified terms, You must stop using the Application and uninstall it from Your devices.

15. Entire Agreement

This Agreement, together with our Privacy Policy and any additional terms presented to You within the Application, constitutes the entire agreement between You and the Licensor with respect to the Application and supersedes all prior or contemporaneous communications, proposals, negotiations, and agreements, whether oral or written, between You and the Licensor relating to the subject matter hereof.

In the event of any conflict between this Agreement and any additional terms presented within the Application, the additional terms shall prevail to the extent of the conflict.

16. Contact Information

If You have any questions, concerns, or complaints regarding this Agreement, please contact us: