GuideGlare Terms of Service

1 Introduction

These Terms of Service (hereinafter also referred to as "Terms") govern the use of services provided by Explicaire s.r.o., with its registered office at Plovární 478/1, Jižní Předměstí, 301 00 Plzeň, ID No.: 19890770, registered in the Commercial Register under file number C 44440/KSPL kept by the Regional Court in Plzeň (hereinafter also referred to as "Provider, we, us"). This service, under the name "GuideGlare" (hereinafter also referred to as the "Service"), includes, among other things, the use of experimental generative artificial intelligence technology).

These Terms of Service are a legal agreement between the Provider and you, a natural or legal person (hereinafter also referred to as "User, you, your"). By using the Service, you agree to these Terms of Service and undertake to comply with them.

The Service is intended only for Users over 18 years of age. By using the Service, Users declare that they are at least 18 years old.

If you do not agree with any part of these terms, you must not use this Service.

2 Service Description

The Service provides content generated by artificial intelligence technology, which operates on the principle of generating text and other digital outputs (hereinafter also referred to as "Content"). This technology is experimental and constantly evolving. Content created by the Service may not always be accurate, complete, or suitable for specific purposes. The Service is provided on a subscription basis (hereinafter also referred to as "Subscription"). Users must have a valid and active Subscription to use the Service. The Subscription allows access to the Service in accordance with these Terms of Service and is required to use the Service in its full scope.

The Service is intended for informational and creative purposes and is not intended to provide professional advice in any field, including, but not limited to, legal, financial, health, or other professional areas. Users should make their own decisions based on the provided Content and always perform independent verification of the information's accuracy.

3 Handling of User Content and License

The User may upload their own text or image content to the Service (hereinafter also referred to as "User Content"). The Provider is not responsible for the User Content uploaded by the User and does not systematically review it. The User bears full responsibility for the content they upload to the Service and undertakes not to upload content that is unlawful, violates the rights of third parties, or otherwise contradicts these Terms.

By uploading content to the Service, the User grants the Provider a non-exclusive, royalty-free, worldwide license to use the User Content solely for the purposes of processing by generative artificial intelligence technology, displaying the User Content within the Service, including its use as input for further content generation (hereinafter also referred to as "Input"). The Provider undertakes that the User Content will not be further disclosed to third parties, except for providers of large language model technology (e.g., Google), who are necessary for the functioning of the Service. The User acknowledges that all User Content uploaded to the Service may be used as input for the generative technology, and hereby consents to its processing within the Service.

The Service Provider will not use the User Content in any way other than described above and undertakes not to use this User Content for marketing or other commercial purposes without the prior express consent of the User.

3.1 Retention and Deletion of User Content

The User grants the Provider consent to store User Content on the Provider's technical resources (especially databases) for an unlimited period.

The retention period for certain types of User Content depends on the type of Subscription the User has arranged. The Provider reserves the right to determine for each type of Subscription a specific retention period for User Content and Content. After this period expires, the User Content and Content may be automatically and irreversibly deleted, even without prior notice to the User.

The User acknowledges that the retention period for User Content and Content may vary depending on the chosen Subscription, and after the relevant retention period expires, the User Content and Content may be removed from the Service's storage. Therefore, the User is responsible for their own backup of User Content and Content they wish to retain beyond the specified retention period.

4 Liability

4.1 Experimental Nature and Limitation of Liability for Content

The Service utilizes experimental generative artificial intelligence technology, which is constantly under development. It is not guaranteed that the Content generated by the Service will always be accurate, correct, or harmless. The Content provided by the Service does not represent the opinions of the Provider, and the Provider assumes no responsibility for any inappropriate, inaccurate, or erroneous Content.

Before deciding to use or rely on the Content generated by the Service, you should carefully consider it. We strongly recommend performing your own verification of the factual accuracy and suitability of the Content for your specific purposes.

4.2 Exclusion of Professional Advice

The Service does not provide legal, financial, medical, or other professional advice. The Content generated by this Service is intended solely for informational and creative purposes and does not serve as a substitute for professional consultations or advice from qualified professionals. All Content relating to legal, financial, health, or other professional topics is not intended to be relied upon as expert opinion. The Content is not a medical diagnosis or medical care and cannot be used as such.

4.3 Limitation of Liability for Damages

The Provider shall not be liable for any direct or indirect losses and damages caused by the use of the Service, including loss or damage to data, lost profits, business interruption, or other consequential damages, losses caused by interruption of work activity or damage to integrity, loss of goodwill, losses resulting from malfunction or failure of the User's equipment, or any other damages or losses. The Provider is not liable for any property, non-property, direct, indirect, consequential, economic, or other harm arising from the use of the Content. This limitation of liability does not affect harm caused intentionally or by gross negligence.

These limitations of liability apply even if the Provider has been advised of the possibility of such damages, losses, or other harm occurring.

If the Provider is found liable for any damage arising in connection with the use of this Service, its liability is limited to the amount that the User paid for using the Service, with the exception of damages caused intentionally or by gross negligence.

The User expressly agrees to defend, indemnify, and hold harmless the Provider from and against all costs, damages, liabilities, and expenses (including legal fees and other expenses) incurred by the Provider in connection with any claim or demand by a third party related to the User's use of the Content, or arising in connection with such third-party claim or demand or for the purpose of averting it.

4.4 Liability for User Content Uploaded by Users

Users are responsible for the User Content they upload to the Service. The Provider does not check uploaded User Content and is not responsible for its legality or for any potential infringement of third-party rights. Users are obliged to ensure that their User Content is not unlawful, does not infringe copyrights, or other legal regulations.

The Service Provider urges Users not to include personal or other sensitive data in the User Content uploaded to the Service, which would be subject to norms and laws regarding data protection (including but not limited to, e.g., GDPR regulation). The User bears full responsibility in cases where such data is uploaded to the Service; the Provider does not perform targeted checks to see if this obligation is violated.

Uploaded User Content may only be used within the Service as input for the generative artificial intelligence technology, and the Provider undertakes that this User Content will not be shared with third parties, with the exception of technology providers necessary for the functioning of the Service (e.g., Google).

5 Data Protection

In connection with the use of the Service, the Provider may process Users' personal data, especially if Users upload their User Content to the Service. All processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and relevant laws.

Detailed information on how the Provider processes, stores, and protects personal data, and what rights the User has under GDPR, can be found in the separate document Privacy Policy, available here: https://www.guideglare.com/en/privacy-policy-app

6 User Rights and Obligations

6.1 User Rights

The User has the right to:

6.1.1 Access to the Service

Use the Service in accordance with these Terms of Service.

6.1.2 Data Protection

Request protection of their personal data in accordance with the data protection principles (see Privacy Policy).

6.1.3 Use of Generated Content

Users have the right to use the Content generated for them via the Service for personal or commercial purposes, provided it does not conflict with legal regulations and these Terms of Service.

6.1.4 Withdrawal of Consent

Users have the right to withdraw their consent to the processing of personal data at any time, without affecting the lawfulness of processing based on consent before its withdrawal (as described in the Privacy Policy). However, the User acknowledges that withdrawing consent may prevent further use of the Service, as certain processing of personal data is necessary for its operation.

6.1.5 Withdrawal from the Contract

Users who are consumers have the right to withdraw from the contract for the provision of the Service within 14 days of its conclusion, without giving a reason, in accordance with § 1829 of the Civil Code. Users have the right to a refund of all funds received from them by the Provider, however, if the User requests that the provision of the Service begin before the expiry of the withdrawal period, and if part of the service has already been provided, the Provider has the right to payment of a proportional part of the price of the Service corresponding to the extent of the Service already provided. The User will be informed of this fact before completing the order and will grant their express consent for the provision of the Service to begin before the expiry of the withdrawal period.

If the Provider does not begin providing the Service with the express consent of the User or does not inform them of this fact in advance, the User will not be obliged to pay any proportional part of the price of the Service.

6.2 User Obligations

The User has the following obligations:

6.2.1 User Age

The User must be over 18 years old. By using the Service, the user declares that they are at least 18 years old and have full legal capacity to conclude this agreement on the use of the Service.

6.2.2 Creating a User Account

To access the Service, it is necessary to create a User Account (hereinafter also referred to as Account). During registration, you are obliged to provide accurate, current, and complete information, including your name and a valid email address. The provided data serves to verify your identity and ensure secure access to the Service.

6.2.3 Responsibility for Account Security

You are fully responsible for maintaining the confidentiality of the access credentials to your Account, including the password, and for all activities carried out under your Account. In case of loss or misuse of access credentials, you are obliged to immediately inform the Provider so that the Account can be secured against unauthorized access.

6.2.4 Compliance with Legal Regulations

Users are obliged to use the Service in accordance with the applicable laws and legal regulations of the Czech Republic and the European Union, including laws relating to the protection of copyrights, personal data protection, consumer protection, and other relevant regulations.

6.2.5 Rules for Uploading User Content

Users are fully responsible for all User Content they upload to the Service (text, images, or other files). Users undertake not to upload content to the Service that:

• Is unlawful, offensive, threatening, deceptive, or otherwise inappropriate.
• Violates the intellectual property rights of third parties (e.g., copyrights, trademarks).

• Contains personal data of third parties without their express consent or is not in compliance with GDPR.
• Promotes or generates content related to child sexual abuse, violent extremism, or other illegal or harmful behavior.
• Promotes the sale of illicit substances, goods, or services, or provides instructions for their production or acquisition.

• Supports or incites the commission of any criminal offense.

6.2.6 Content Verification

Users are responsible for verifying the factual accuracy and suitability of the Content generated by the Service before relying on it or using it for any decisions or activities.

6.2.7 Responsible Use of the Service

Users must not misuse the Service for activities that could jeopardize its functionality or disrupt the Services provided to other Users. This includes, for example:

• Attempts to breach the security of the Service, overloading servers, automated queries, or other activities that could negatively affect the operation of the Service.
• Generating or disseminating spam, deceptive or fraudulent activities, phishing, or malware.
• Intentionally circumventing or disrupting the Service's safety filters with the aim of inducing the model to generate inappropriate or harmful Content.

6.2.8 Valid Subscription

Users must have a valid and paid Subscription for the entire duration of using the Service. Access to the Service will be limited or cancelled if the Subscription is not duly paid or renewed.

6.2.9 Prohibition of Circumventing Technical Measures

Users must not circumvent or attempt to circumvent any security measures or technological barriers implemented to protect the Service and its Users.

6.2.10 Prohibition of Direct API Access

Users must not access the Service's interface (API) directly. The Service may only be used through the graphical user interface of the Service available at app.guideglare.com .

6.2.11 Prohibition of Generating Inappropriate Content

Users must not use the Service to create, generate, or disseminate Content that:

• Promotes or incites hatred, violence, or self-harm.
• Incites harassment, bullying, or insults towards individuals or groups based on sensitive characteristics (e.g., race, religion, gender).
• Contains sexually explicit material, except for content created for scientific, educational, documentary, or artistic purposes.
• Misuses personal data or enables the tracking of individuals without their consent.
• Impersonates another person without their consent, for the purpose of fraud or harm.
• Serves to disseminate false information or misleading claims, especially in sensitive areas such as health, finance, law, or public services.

6.3 Consequences of Breaching Obligations

In the event that a User breaches any of the above obligations, the Provider reserves the right to immediately block access to the Service, remove the uploaded unlawful User Content and Content, and potentially cancel the User Account without prior notice. The Provider may also take further legal action, including claims for damages caused by the breach of these Terms.

7 Feedback

Without any obligation on your part, you may make suggestions and requests or offer corrections, modifications, improvements, or other feedback regarding the Service (hereinafter referred to as "Feedback"). Feedback, even if marked as confidential by you, does not create any obligation of confidentiality for the Provider. If you provide Feedback, you grant, based on your intellectual property rights, to the Provider and persons authorized by it an exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, and transferable license with the right to grant sublicenses, to publicly perform, publicly display, reproduce, use, make, sell, offer for sale, distribute (through multiple tiers of distribution), import, create derivative works of, and otherwise commercialize and exploit the Feedback at the Provider's discretion.

You must not provide Feedback that you have reason to believe is subject to any restriction that would prevent the exercise of the right stated in this section; or which is subject to license terms intended to require that any product incorporating or developed using such Feedback or other intellectual property of the Provider or its affiliates be licensed or otherwise shared with any third party.

8 Subscription, Payments, and Pricing

8.1 Payments

8.1.1 Payment Methods

The Subscription price is determined according to the current price list published on the Service's website. Payments for the Subscription are processed through the Stripe payment gateway (http://stripe.com ). The Subscription is paid using payment cards supported by Stripe, including credit and debit cards (hereinafter also referred to as "Payment Method"). When making a payment, the User undertakes to provide valid payment details and agrees that Stripe will collect payments on behalf of the Provider according to the agreed Subscription.

8.1.2 Refunds in Case of Service Unavailability

If there is a Service outage caused by the Provider that lasts continuously for more than 48 hours, the User has the right to request a refund of a proportional part of the paid Subscription for the period when the Service was unavailable. Refunds or reimbursements for other reasons are not granted, unless otherwise agreed in exceptional cases.

8.2 Subscription

8.2.1 Subscription Duration and Renewal

The Subscription is provided for monthly, annual, or other periods specified at the time of purchase. The Subscription automatically renews at the end of each subscription period unless the User cancels their Subscription at least 24 hours before the end of the current period. The Subscription automatically renews for the same period unless the User cancels it according to the instructions below. The User understands that the renewal of the Subscription is associated with the automatic payment of the Subscription price from the Payment Method provided by the User when ordering the Service Subscription, or the Payment Method entered in the Service's graphical interface. The User can change the assigned Payment Method at any time in the Service's graphical interface. Users will be informed about the upcoming renewal and cancellation options in the Service's user interface, or they can inquire via email.

8.2.2 Subscription Cancellation

Users can cancel their Subscription at any time through their user account or by contacting customer support. The Subscription will remain active until the end of the already paid period and will not be renewed after its expiration. Users are not entitled to a refund for the unused period.

8.2.3 Price Changes

The Service Provider reserves the right to adjust the prices of the Service subscription at any time. Users will be informed of price changes at least 30 days in advance. In the event of a Subscription price increase, Users have the right to cancel their Subscription before the change takes effect, and the existing price will be maintained until the end of the prepaid period.

8.2.4 Deletion of User Data After Subscription Cancellation

After canceling the Subscription, the Provider reserves the right to delete all data and content uploaded by the User to the Service, including User Content and Content, after the expiration of 30 days from the date of Subscription cancellation. Users are responsible for backing up their User Content and Content before the Subscription ends. After this period expires, data cannot be recovered. The Provider is not liable for any losses caused by the deletion of data after this period.

8.2.5 Limitation of User Access Without a Valid Subscription

If the User's Subscription is not paid or is cancelled, access to the Service will be automatically limited or cancelled. The Provider is not liable for any losses or damages caused by the limitation of access to the Service due to non-payment or cancellation of the Subscription.

8.3 Consent to Immediate Commencement of Service Provision

8.3.1 Explicit Consent to Immediate Commencement of Service Provision

By purchasing the Subscription, the User agrees that the Service Provider will commence performance of the Service immediately, i.e., right after the Subscription purchase is completed.

8.4 User Information on Loss of Right of Withdrawal

8.4.1 Information on Loss of Right of Withdrawal

The User has been duly informed and acknowledges that by this consent, their right to withdraw from the contract within 14 days expires, as the performance of the Service begins immediately after purchasing the Subscription.

8.5 User Credits and Fair Use Policy

8.5.1 User Credits

Users receive a certain amount of units (so-called user credits) within their Subscription, which they can use for individual artificial intelligence functions (hereinafter referred to as "Credits"). These Credits are intended for activating and using individual Service functions, especially for generating text and digital content through artificial intelligence technology. The amount of allocated Credits may vary depending on the type of Subscription. When using selected Service functions, individual Credits are deducted. If the User exhausts the allocated Credits, some Service functions may be limited depending on the type of Credits depleted.

Credits are renewed at the beginning of each subscription period and cannot be carried over to the next period if they were not used. Information about the percentage usage of Credits in the current period can be found by the User in the Service's graphical interface, or can be obtained by contacting user support.

8.5.2 Fair Use Policy

To ensure equal access and quality functionality of the Service for all Users, the use of some Service functions is regulated by a "fair use" policy. This regulation limits the number of individual Service invocations to a certain number per minute. The User can find out this number by contacting Service support. This limit is set so that each User can use the allocated Credits within their Subscription. Information about this limit can be obtained by the User by contacting the Service's user support.

Violation of this policy or attempts to circumvent this limit (e.g., by using automated scripts) may lead to temporary or permanent restriction of access to the Service or loss of Credits without compensation. The Provider reserves the right to adjust these limits in the interest of maintaining the availability and quality of the Service.

8.6 Trial Period

8.6.1 Definition of Trial Period

Users have the option to try the Application free of charge for a period of 5 calendar days. This trial period (hereinafter referred to as "Trial Period" or "Trial") is available to each registered User only once.

8.6.2 Prohibition of Circumventing Limitations

The User must not create multiple User Accounts with the aim of circumventing the limitation that allows using the Trial only once. The Provider reserves the right, at its discretion, to deactivate or cancel any User Account that violates this rule.

8.6.3 Activation

A User who meets the conditions for using the Trial can activate the Trial by selecting the appropriate option within the Application interface when setting up the subscription. To activate the Trial, the user is required to enter their Payment Method details. The Payment Method will not be charged during the Trial Period. However, the User grants the Provider the right to authorize and potentially charge the specified Payment Method after the Trial Period expires, if the User does not cancel the Service by then.

8.6.4 Deactivation

The User has the right to cancel the Service free of charge at any time during the Trial Period through the Application interface. If the User cancels the Service before the end of the Trial Period, they will not be charged anything, and the provision of the Service will end after the Trial Period expires.

9 Service Availability and Termination of Service Provision

9.1 Service Availability

The Provider strives to ensure continuous availability of the Service, but is not liable for any outages, access restrictions, or interruptions in the operation of the Service, whether for technical, maintenance, or other reasons. The Provider does not guarantee that the Service will always be available, error-free, or functional.

The Provider is not liable for any damages, losses, or harm that may arise for the User as a result of the unavailability of the Service or the User Content and Content provided through the Service, whether it is temporary or long-term unavailability. This includes, but is not limited to, cases caused by technical problems, network outages, maintenance, updates, third-party interventions, or other unforeseeable circumstances.

The User acknowledges that the availability of the Service and User Content and Content is not guaranteed, and agrees that the Provider is not liable for any direct or indirect property, non-property, economic, or other harm caused as a result of the unavailability of the Service or User Content and Content. This limitation of liability applies even if the Provider was advised of the possibility of such harm occurring.

9.2 Termination of Service Provision by the Provider

The Provider further reserves the right to terminate the provision of the Service at any time, for any reason, including business, technical, or operational reasons. In the event of termination of the Service provision, Users who have subscribed to the Service for a specific period will be refunded a proportional part of the money for the unused period, with this amount being calculated based on the remaining period of the valid Subscription as of the date of termination of the Service provision.

Users are not entitled to any further compensation or reimbursement beyond the specified amount for the unused period upon termination of the Service provision.

10 Legal Clauses

10.1 Changes to the Terms of Service

The Provider reserves the right to modify or change these Terms of Service at any time. All changes to the Terms will be announced to Users via the Service or by email to the address provided by the User during registration, at least 14 days before the changes take effect. Users have the right to reject the changes and terminate the agreement on the use of the Service without any penalties if they do not agree with the changes. By continuing to use the Service after the changes take effect, Users express their consent to these changes.

10.2 Governing Law and Jurisdiction

These Terms are governed by the law of the Czech Republic. Disputes arising in connection with the use of the Service or these Terms will be decided by the competent courts of the Czech Republic. Users who are consumers may file a lawsuit at the court according to their place of residence.

10.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The invalid provision will be replaced by a valid provision that most closely approximates the original intent.

10.4 Entire Agreement

These Terms of Service constitute the complete and entire agreement between the User and the Provider regarding the use of the Service and supersede all prior agreements, understandings, or representations concerning the use of the Service, whether written or oral.

These Terms of Service are prepared in various languages. In the event of any conflict between the language versions, the Czech version shall prevail.