Terms of Service

1. Scope and Subject Matter

These Terms of Service (hereinafter "Terms") govern access to and use of the AI chat platform and related services (collectively, the "Services") provided by Restoflix Sàrl.-s (hereinafter "we," "us," or "Camocopy").

By creating an account, logging in, or otherwise using the Services, you enter into a legally binding agreement with us and agree to these Terms and our Privacy Policy. If you do not agree to the Terms, you are prohibited from using the Services. For Enterprise Customers, separate written agreements may apply, which supplement or replace these Terms.

2. Description of Services and the Nature of AI

Our Services provide you with tools based on artificial intelligence ("AI") to generate content such as text, ideas, or other materials ("Outputs") through text inputs ("Prompts").

2.1 Important Notices Regarding AI Technology

The use of AI is a rapidly evolving field. The generated Outputs are based on statistical patterns and algorithms. Therefore, Outputs are inherently unpredictable and may:

• be factually incorrect, inaccurate, or outdated.
• contain biased, inappropriate, or offensive content.
• produce content that is similar to existing third-party copyrights.

You acknowledge that we cannot guarantee the accuracy, suitability, quality, or uniqueness of the Outputs. Use of the Services and reliance on the Outputs are solely at your own risk. You are obligated to critically review information, especially factual claims, before use.

2.2 Similarity of Outputs

Due to the nature of AI models, the Outputs generated for you may be similar or even identical to Outputs generated for other users. A response generated for another user is not considered your Output.

3. User Account and Security

Creating an account is required to use the Services. You agree to provide truthful and complete information during registration and to keep it up to date. You are solely responsible for all activities that occur under your account.

The website is publicly accessible and can be visited by any person with any computer and any device with browsing capabilities. It is necessary to create an account via email registration. You also ensure that you have internet access to use the application.

It is your sole responsibility to keep your login credentials (especially your password) confidential and to protect them from access by unauthorized third parties. Enable Two-Factor Authentication in your account settings for more comprehensive protection. Notify us immediately at mail{at}camocopy.com if you suspect any unauthorized use of your account.

4. Usage Rights and Intellectual Property

4.1 Your Content

You retain all rights to the Prompts you enter.

4.2 Our Services

All rights to the Services themselves, including the software, design, trademarks, and underlying technology, remain our exclusive property. We grant you a limited, non-exclusive, revocable, and non-transferable license to use the Services in accordance with these Terms.

4.3 Outputs

Subject to your compliance with these Terms, we assign to you all our right, title, and interest in and to the Outputs generated for you. You may use these Outputs for any purpose, including commercial purposes. However, please note that this does not release you from the responsibility of ensuring that your use of the Outputs does not infringe on third-party rights or violate applicable law.

5. User Obligations and Prohibited Uses

You agree to use the Services exclusively in compliance with applicable law and these Terms. In particular, you are prohibited from:

• Using the Services for illegal, harmful, misleading, or fraudulent purposes.
• Generating content that promotes or contains hate speech, discrimination, glorification of violence, sexually explicit material (especially depictions of minors), or disinformation.
• Entering or processing personal data of third parties without their express consent.
• Submitting personal data of children under the age of 16 (or the applicable age of digital consent in the respective country).
• Using the Services to develop competing services, models, or products.
• Reverse engineering, decompiling, or otherwise attempting to extract the source code or underlying algorithms of the Services.
• Compromising the security or integrity of our systems, e.g., by introducing viruses or conducting denial-of-service attacks.
• Using automated systems such as bots, spiders, or scrapers to access the Services.
• Acquiring accounts from third parties or selling or transferring your own account to third parties.

6. Fair Use Policy and Usage Restrictions

To ensure high service quality and fair access for all users, your use is subject to a Fair Use Policy. In cases of excessively high and unusual usage, we reserve the right to restrict or limit some AI functions until the next billing cycle.

This includes, but is not limited to, limiting requests (rate limiting) or temporarily suspending features that cause an unusual or excessive load on our systems, which impairs performance for other users. Such activities, especially without prior arrangement, are strictly prohibited.

7. Disclaimer of Warranties and Limitation of Liability

The Services are provided "AS IS" and "AS AVAILABLE." To the fullest extent permitted by law, we expressly disclaim all warranties, whether express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will:

• be available uninterrupted, secure, or error-free at all times.
• meet your specific requirements or that all errors will be corrected.
• produce Outputs that are accurate, reliable, or suitable for your purposes.

Limitation of Liability: To the fullest extent permitted by law, in no event will Restoflix Sàrl.-s, its affiliates, officers, or employees be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, goodwill, or other intangible losses, resulting from:

• your access to or use of or inability to access or use the Services.
• any conduct or content of any third party on the Services.
• the Outputs generated by the Services, even if they are false, harmful, or illegal.
• unauthorized access, use, or alteration of your transmissions or content.

Our total liability to you for all claims related to the Services shall in no event exceed the amount you have paid us in the last six (6) months for the use of the Services.

8. Term and Termination

Free Trial and Paid Plan: If you have chosen a free trial, the contract term for this trial period begins immediately upon conclusion of the contract through registration. No setup, basic, or usage fees are charged by the platform itself during the trial period. If you have opted for a paid plan, the contract term for this plan begins immediately upon conclusion of the contract.

You can terminate the user agreement at any time. The following options are available to you:

- Cancel active subscriptions or contracts:
Use the "Cancel" button in your user account or send us a termination notice in text form (e.g., by email).

- Terminate all use and delete your account:
To completely stop using our Services, you can permanently delete your user account at any time. This option is located in your account settings.

We reserve the right to suspend or terminate your access to the Services at our sole discretion, with or without notice, especially in the event of a breach of these Terms. In case of termination, the sections regarding disclaimers, intellectual property, and dispute resolution shall remain in effect.

We reserve the right to terminate the contract and block your access to your accounts if you are in default of payment of any amount, in whole or in part, that you owe us.

9. Pricing and Payment Processing

The prices at the time of the order apply. All prices are quoted in Euros (€) and include statutory value-added tax, unless expressly marked as "excluding VAT" or "plus VAT" or similar.

9.1. Conclusion of Contract via the Website: For purchases made via our website, the contract for the use of our digital products and services is concluded with our authorized reseller, either Digistore24 GmbH or Armitage Labs OÜ (Creem). By clicking the order button, you will be redirected to the respective reseller's order page, who acts as your direct contractual partner.

The General Terms and Conditions (GTC) of the respective reseller are exclusively applicable to the conclusion and processing of the contract:

GTC of Digistore24: https://www.digistore24.com/page/terms

GTC of Creem.io: https://www.creem.io/terms

9.2. Conclusion of Contract via Mobile Applications (In-App Purchases): If the purchase is made via our mobile app, the contract is concluded with the operator of the respective app store. The contractual partner in this case is the Apple App Store (for iOS devices) or the Google Play Store (for Android devices). The terms of use and business of the respective platform operator apply.

9.3. Provision of Service: Regardless of the conclusion of the contract with the respective reseller or platform operator, the provision and delivery of the booked service (e.g., access to digital content) is carried out by us. The service is typically activated immediately after successful conclusion of the contract and confirmation of payment by the partner. We reserve the right to use third parties to fulfill our service obligations.

10. Changes to the Terms

We may modify these Terms from time to time. In the event of material changes, we will notify you within a reasonable period before they take effect, for example, by email or through a notice on our platform. Your continued use of the Services after the new Terms take effect constitutes your acceptance of them.

11. Final Provisions

Governing Law and Jurisdiction: These Terms shall be governed by the laws of the Grand Duchy of Luxembourg, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be Luxembourg City.

Severability Clause: Should any provision of these Terms be found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision will be replaced by a valid provision that most closely approximates the economic purpose of the original provision.

Entire Agreement: These Terms constitute the entire agreement between you and Restoflix Sàrl.-s regarding the use of the Services and supersede all prior oral or written agreements.