Terms of Service

1. Scope and Provider

These Terms of Service ("Terms") govern your access to and use of TalkBreezy ("Service"), an AI-powered voice chat platform operated by:

Dmytro Boguslavskyy
Sole proprietor (Einzelunternehmer)
Amsterdamer Str. 13
13347 Berlin, Germany
VAT ID (USt-IdNr.): DE464131858
Email: [email protected]

By creating an account or using the Service, you enter into a binding contract with us. If you do not agree to these Terms in their entirety, you must not use the Service.

By clicking "I agree", creating an account, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the disclaimers, limitations of liability, and indemnification provisions.

2. Description of Service

TalkBreezy provides real-time AI-powered voice conversations with fictional AI characters for entertainment purposes only. The Service includes:

• Voice-based interactions with AI characters powered by machine learning models
• A credit-based payment system for usage
• User account management and billing functionality

Important Notice: The AI characters are entirely fictional. All conversations are generated by artificial intelligence and do not represent the views, advice, or endorsement of Dmytro Boguslavskyy or any real person. You use the Service at your own risk and discretion.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 18 years old to use this Service. By creating an account, you represent and warrant that you are at least 18 years of age. We do not knowingly provide services to minors. If we discover that a user is under 18, we will immediately terminate their account.

3.2 Account Obligations

When registering, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Accept responsibility for all activities under your account
• Notify us immediately at [email protected] of any unauthorized access

You may not share, transfer, or sell your account to any third party.

4. Credits, Payments, and Billing

4.1 Credit System

The Service operates on a prepaid credit system:

• 1 credit equals 1 second of active voice conversation
• Credits are deducted in real-time during conversations
• Unused credits do not expire and remain in your account indefinitely
• Credit balances are non-transferable between accounts

4.2 Purchases and Payments

On the website, payments are processed securely through Stripe. In the iPhone app, credit packs are sold as in-app purchases through Apple's App Store, and Apple's terms apply to those purchases in addition to these. By making a purchase, you agree that:

• All prices are displayed in USD and include applicable VAT where required
• You authorize us to charge your selected payment method
• You are responsible for any additional fees charged by your financial institution

4.3 Refund Policy

Due to the immediate nature of digital credit delivery:

• Unused credits: Refunds may be requested within 14 days of purchase for unused credits, in accordance with EU consumer rights (Widerrufsrecht). To request a refund, contact [email protected].
• Used credits: Credits that have been used are non-refundable.
• App Store purchases: Refunds for packs bought in the iPhone app are handled by Apple. Request them at reportaproblem.apple.com.
• Technical issues: If credits were deducted due to a technical malfunction on our end, we will restore them upon verification.

4.4 Right of Withdrawal (Widerrufsrecht)

As a consumer in the European Union, you have the right to withdraw from your purchase within 14 days without giving any reason. However, you acknowledge that by using credits immediately after purchase, you expressly consent to the immediate performance of the service and acknowledge that you lose your right of withdrawal once the credits are consumed.

5. No Subscriptions

5.1 One-Time Credit Purchases Only

We do not offer subscriptions, memberships, or recurring plans. Every payment is a one-time purchase of a credit pack, as described in Section 4:

• $5: 500 credits (500 seconds of voice conversation).
• $20: 2,200 credits (2,200 seconds of voice conversation).
• $50: 6,000 credits (6,000 seconds of voice conversation).

New accounts receive 300 credits free of charge. Credits do not expire, as described in Section 4.1.

5.2 No Auto-Renewal

Nothing renews. Your payment method is charged once for each credit pack you buy, at the time you buy it, and never on a recurring basis. You are not enrolled in any recurring payment and there is no billing cycle, no membership fee and no monthly charge of any kind.

5.3 Nothing to Cancel

Because no recurring payment exists, there is nothing to cancel: simply stop buying credits. Credits already in your account remain available and do not expire. Refunds and the statutory right of withdrawal are governed by Sections 4.3 and 4.4.

5.4 Personality Memory

The Personality Memory feature is included with every account at no additional charge. This feature allows AI characters to use the name, facts and interests you have stored in your profile, enhancing the continuity of your interactions. You may switch it off or delete the stored information at any time in your profile, and it is deleted with your account.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Service for personal, non-commercial entertainment purposes in compliance with these Terms and all applicable laws.

6.2 Prohibited Conduct

You agree NOT to:

• Illegal Activities: Use the Service for any unlawful purpose or to violate any local, national, or international law
• Harmful Content: Attempt to generate content that is hateful, violent, sexually exploitative, or promotes illegal activities
• Abuse of AI Systems: Attempt to manipulate, exploit, or "jailbreak" the AI to bypass content filters or safety measures
• Harassment: Use the Service to harass, abuse, or harm any person, including AI-assisted harassment of real individuals
• Impersonation: Impersonate any person or entity, or falsely state or misrepresent your affiliation
• Security Violations: Attempt to gain unauthorized access, probe vulnerabilities, or circumvent security measures
• Reverse Engineering: Decompile, reverse engineer, or attempt to extract source code, AI models, or algorithms
• Data Extraction: Use automated systems (bots, scrapers, crawlers) to access or collect data from the Service
• Commercial Exploitation: Use the Service for commercial purposes, including recording and selling conversations
• Account Abuse: Create multiple accounts to circumvent restrictions, or share account access with others

6.3 Enforcement

We reserve the right to investigate suspected violations and take appropriate action, including:

• Issuing warnings
• Temporarily or permanently suspending accounts
• Removing content or restricting features
• Reporting illegal activities to law enforcement authorities
• Pursuing legal remedies

7. AI-Generated Content Disclaimer

7.1 Nature of AI Content

IMPORTANT - PLEASE READ CAREFULLY: All content generated by AI characters is produced by machine learning algorithms. By using the Service, you explicitly acknowledge and agree that:

• AI responses are algorithmically generated and may be unpredictable, inaccurate, incomplete, misleading, or inappropriate despite our safety measures
• AI characters are entirely fictional and do not represent real persons, living or dead
• AI-generated content does not reflect the views, opinions, or endorsements of Dmytro Boguslavskyy
• You bear sole and exclusive responsibility for how you interpret, rely upon, and act upon AI-generated content
• We are not responsible for any decisions you make based on AI conversations
• The AI may produce content that is factually incorrect - you must independently verify any information

7.2 No Professional Advice - Disclaimer of Responsibility

THE SERVICE IS FOR ENTERTAINMENT ONLY. IT IS NOT A HEALTHCARE, MEDICAL, LEGAL, FINANCIAL, THERAPEUTIC, OR PROFESSIONAL SERVICE PROVIDER.

AI characters may discuss topics related to health, relationships, mental wellness, or personal matters, but you expressly acknowledge that:

• Nothing said by an AI character constitutes professional medical, psychological, legal, financial, or other professional advice
• The Service is not a substitute for professional consultation, diagnosis, or treatment
• You must always consult qualified professionals for any important decisions regarding your health, finances, legal matters, or wellbeing
• Any reliance on AI-generated content is entirely at your own risk
• In case of emergency, contact emergency services immediately - do not rely on the AI
• We expressly disclaim any responsibility for actions you take based on conversations with AI characters

7.3 Mental Health Notice

If you are experiencing a mental health crisis, please contact professional services immediately:

• Germany: Telefonseelsorge 0800 111 0 111 (free, 24/7)
• EU: Contact your local emergency services

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service, including all software, AI models, characters, character designs, names, logos, user interface, and content created by us, is owned by or licensed to Dmytro Boguslavskyy and is protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License to You

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes only.

8.3 Your Content

You retain ownership of any content you provide to the Service. However, by using the Service, you grant us a non-exclusive, worldwide, royalty-free license to process your voice input solely for the purpose of providing the Service. We do not store voice recordings after processing (see Privacy Policy).

8.4 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Use our trademarks, logos, or branding without written permission
• Remove any copyright or proprietary notices
• Use the Service to train competing AI models

9. Service Availability and Modifications

9.1 Availability

We strive to maintain high availability but do not guarantee uninterrupted, error-free, or secure operation. The Service may be temporarily unavailable due to:

• Scheduled or emergency maintenance
• Technical failures or infrastructure issues
• High demand periods
• Force majeure events

9.2 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. For significant changes affecting your use, we will provide reasonable advance notice where practicable.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

To the maximum extent permitted by applicable law, we expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Service will be uninterrupted, timely, secure, or error-free
• Any warranty regarding the accuracy, reliability, or quality of AI-generated content
• Any warranty that defects will be corrected

You use the Service entirely at your own risk. We do not guarantee that the Service will meet your requirements or expectations.

11. Limitation of Liability

11.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DMYTRO BOGUSLAVSKYY SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, exemplary, or punitive damages of any kind
• Loss of profits, revenue, data, goodwill, or business opportunities
• Emotional distress, mental anguish, or psychological harm
• Damages arising from your reliance on AI-generated content
• Damages resulting from decisions made based on AI conversations
• Damages resulting from unauthorized access to your account due to your failure to maintain security
• Damages caused by third-party actions, content, or services
• Damages arising from service interruptions or unavailability
• Damages arising from your violation of these Terms

11.2 Liability Cap

Our total aggregate liability for all claims arising from or relating to these Terms or the Service shall not exceed the lesser of: (a) the amounts you actually paid to us in the 12 months preceding the claim, or (b) EUR 100.

11.3 Acknowledgment of Risk

You expressly acknowledge and agree that:

• You are using an AI entertainment service at your own risk
• AI-generated content may be unpredictable, inaccurate, or unsuitable for your purposes
• You are solely responsible for evaluating and bearing the risks associated with use of the Service
• The liability limitations in this section reflect a reasonable allocation of risk between the parties

11.4 Statutory Rights (German/EU Consumers)

For consumers in Germany and the EU: The limitations above do not affect your mandatory statutory rights. Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Gross negligence (grobe Fahrlässigkeit) or intentional misconduct (Vorsatz)
• Breach of essential contractual obligations (Kardinalpflichten), though liability is limited to foreseeable, typical damages
• Liability under the German Product Liability Act (Produkthaftungsgesetz)

12. Indemnification

You agree to indemnify, defend, and hold harmless Dmytro Boguslavskyy and his employees, agents, contractors, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your violation of any applicable laws or regulations
• Any content you submit or transmit through the Service
• Any harm caused by your reliance on AI-generated content
• Any disputes between you and third parties related to your use of the Service

This indemnification obligation survives termination of these Terms and your use of the Service. This obligation does not apply to the extent the claim arises solely from our gross negligence or willful misconduct.

13. Account Suspension and Termination

13.1 Termination by You

You may terminate your account at any time by contacting [email protected] or using the account deletion feature. Upon termination:

• Your right to use the Service ceases immediately
• Any unused credits will be forfeited unless a refund is requested within applicable periods
• We will delete your personal data in accordance with our Privacy Policy and applicable law

13.2 Termination by Us

We may suspend or terminate your account:

• For Cause: Immediately upon violation of these Terms, with notice
• For Convenience: With 30 days' prior notice for any reason

In case of termination for convenience, we will refund any unused credits purchased within the preceding 30 days.

13.3 Effect of Termination

Sections relating to intellectual property, limitation of liability, indemnification, governing law, and dispute resolution survive termination.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at [email protected] to attempt informal resolution. We will endeavor to resolve disputes within 30 days.

14.2 Consumer Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) pursuant to SS 36 VSBG.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict of law provisions and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Exclusive jurisdiction for all disputes arising from or relating to these Terms lies with the courts of Berlin, Germany, except where mandatory consumer protection laws provide otherwise.

For consumers in the EU: You may also bring proceedings in the courts of your country of residence. Mandatory consumer protection laws of your country of residence shall apply where they provide greater protection.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Email notification to your registered address
• Prominent notice within the Service
• Updated "Last modified" date

Continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you disagree with changes, you must stop using the Service and may request account deletion and refund of unused credits purchased within the preceding 30 days.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Dmytro Boguslavskyy regarding the Service.

17.2 Severability

If any provision is found unenforceable, it shall be modified to the minimum extent necessary, and remaining provisions shall continue in full force.

17.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign our rights and obligations without restriction.

17.5 Language

These Terms are provided in English. In case of any conflict with translations, the English version shall prevail.

18. Contact Information

For questions, concerns, or legal notices:

Dmytro Boguslavskyy
Sole proprietor (Einzelunternehmer)
Amsterdamer Str. 13
13347 Berlin, Germany
VAT ID (USt-IdNr.): DE464131858

General inquiries: [email protected]
Legal matters: [email protected]
Billing support: [email protected]
Security issues: [email protected]