Terms of Service

Last Updated: January 15, 2025

Effective Date: January 15, 2025

Service Provider:
AINIQ (hereinafter "we", "us", "our")
EU-based service
Email: legal@ainiq.app

1. Acceptance of Terms

By creating an account or using AINIQ ("Service"), you ("User", "you") enter into a binding agreement with us. If you do not agree to these Terms of Service ("Terms"), you must not use the Service.

For Users Under 16: Parental/guardian consent is required (GDPR Article 8).

2. Description of Service

AINIQ is a digital twin and AI-powered relationship coaching platform that:

• Creates personality profiles based on user surveys
• Provides AI chat conversations (powered by OpenAI GPT models)
• Offers compatibility analysis and matching
• Operates on a token-based credit system

3. User Accounts

3.1 Account Creation

• You must provide accurate information during registration
• You are responsible for maintaining account security
• You must not share your account credentials
• You must notify us immediately of unauthorized access

3.2 Account Termination

By You: You may delete your account at any time via settings.

By Us: We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent activity
• Abuse the Service (spam, harassment, illegal content)
• Fail to pay for purchased services

We will provide 30 days' notice unless immediate termination is required for legal/security reasons.

Data Retention: Upon termination, your personal data will be deleted within 30 days, except where retention is legally required.

4. Token System and Payments

4.1 Token Purchase

• Tokens are virtual credits used to access AI features
• Tokens are purchased via Stripe (credit card)
• Prices are displayed in EUR and include applicable VAT
• Tokens are non-transferable and have no cash value

4.2 Refund Policy

EU Consumer Rights (Directive 2011/83/EU): You have a 14-day right of withdrawal for digital content purchases, with the following conditions:

Fully Unused Tokens:

• You may request a full refund within 14 days of purchase if you have not used any of the purchased tokens.
• To request: Email support@ainiq.app with your order ID and payment confirmation.
• Refund will be processed within 14 days to your original payment method.
• No questions asked - this is your statutory right under EU consumer law.

Partially Used Tokens:

• If you have used some but not all tokens within 14 days, you may request a pro-rata refund for the unused portion.
• Example: Purchased 28,000 tokens, used 10,000 → eligible for 64% refund.
• We will calculate the refund based on actual token consumption recorded in your account.

Fully Consumed Tokens (Waiver of Withdrawal Right):

• When you use tokens immediately after purchase (e.g., by starting a chat session or running an analysis), you expressly consent to immediate performance and waive your 14-day withdrawal right for those consumed tokens (Article 16(m) of Directive 2011/83/EU).
• This waiver is presented clearly at checkout before payment.
• Once tokens are fully consumed, no refund is available unless there was a technical error on our part.

Technical Issues:

• If our Service fails to deliver purchased features due to bugs, outages, or errors, we will either:
• (a) Refund the affected tokens' value, or
• (b) Re-credit equivalent tokens to your account (your choice).
• Report technical issues to support@ainiq.app with details of the problem.

Abuse Prevention:

• We reserve the right to refuse refunds in cases of demonstrable abuse, such as:
• - Repeated purchase-and-refund patterns without legitimate use
• - Fraudulent payment methods or chargebacks for consumed services
• - Account sharing or reselling tokens (both prohibited under Section 3)
• If we suspect abuse, we will investigate and notify you before making a decision.

Note: Initiating a chargeback with your bank for legitimately consumed services is considered a breach of these Terms and may result in account suspension. Please contact us first to resolve any payment disputes.

4.3 Token Expiration

Tokens do not expire unless your account is terminated for Terms violation.

5. Intellectual Property

5.1 Our Content

All Service design, code, branding, and original content are owned by AINIQ and protected by copyright, trademark, and other laws.

5.2 Your Content

User-Generated Content: You retain ownership of your survey responses, chat messages, and profile information.

License to Us: By using the Service, you grant us a limited, non-exclusive license to:

• Process your data to provide the Service
• Use anonymized/aggregated data for analytics and AI model improvement
• Display your content within the Service (e.g., in match profiles)

AI-Generated Content: Content generated by our AI (e.g., chat responses, compatibility analysis) is not owned by you or us, but you may use it for personal purposes.

5.3 Prohibited Content

You must not submit content that is:

• Illegal, harmful, or violates others' rights
• Spam, malware, or phishing attempts
• Impersonation or fraudulent
• Sexually explicit involving minors

6. Privacy and Data Protection

Your use of the Service is governed by our Privacy Policy, which complies with GDPR.

Your Rights (GDPR Articles 15-22):

• Access your data
• Rectify inaccurate data
• Request deletion ("right to be forgotten")
• Data portability
• Object to processing
• Withdraw consent

Data Processing: We process your data as described in our Privacy Policy. We use EU-based infrastructure where possible.

7. Limitation of Liability

To the Maximum Extent Permitted by Law:

7.1 Consumer Users (B2C)

Under EU law, we cannot exclude liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Breach of statutory consumer rights

For other claims, our liability is limited to the amount you paid us in the 12 months before the claim arose.

7.2 Business Users (B2B)

If you use the Service for commercial purposes, we exclude all liability except for the above non-excludable cases.

7.3 Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES. WE DO NOT GUARANTEE:

• Uninterrupted or error-free operation
• Accuracy of AI-generated content
• Compatibility match outcomes
• Specific relationship results

7.4 AI Content Disclaimer

IMPORTANT: Our Service uses artificial intelligence (AI) models to generate personality insights, relationship advice, and chat responses. You acknowledge and agree that:

• Not Professional Advice: AI responses are computational outputs based on patterns in training data. They are NOT professional psychological counseling, medical advice, legal guidance, or financial recommendations.
• Potential Errors: AI-generated content may contain inaccuracies, biases, hallucinations, or contextually inappropriate suggestions. Always verify important information independently.
• No Guarantees: We do not warrant that AI responses will be appropriate for your specific situation, accurate, complete, or suitable for any particular purpose.
• Your Responsibility: You are solely responsible for decisions made based on AI-generated content. Do not make major life decisions (ending relationships, medical choices, legal actions) solely based on AI output.
• Not Crisis Support: Our Service is not designed for mental health emergencies. If you are experiencing suicidal thoughts, self-harm urges, domestic violence, or other crises, immediately contact professional services:
  • 🇫🇮 Finland: National Crisis Helpline 09 2525 0111 (24/7)
  • 🇸🇪 Sweden: Mind Suicide Prevention 90101 (24/7)
  • 🇩🇪 Germany: Telefonseelsorge 0800 111 0 111 (24/7)
  • 🇳🇴 Norway: Mental Helse 116 123 (24/7)
  • 🇩🇰 Denmark: Livslinien 70 201 201 (24/7)
  • 🇪🇺 EU-wide: 112 (Emergency services)

Liability Exclusion: To the maximum extent permitted by law, we are not liable for any harm, damage, or adverse outcomes resulting from reliance on AI-generated content, including but not limited to relationship breakdowns, emotional distress, financial loss, or health complications.

8. Prohibited Conduct

You must not:

• Reverse engineer, scrape, or copy the Service
• Use bots or automated tools without permission
• Harass, abuse, or harm other users
• Violate any applicable laws
• Attempt to gain unauthorized access to our systems

Enforcement: We reserve the right to investigate violations and cooperate with law enforcement.

9. Third-Party Services

The Service integrates:

• OpenAI (AI models) - OpenAI Terms | Data Processing Addendum
• Stripe (payments) - Stripe Terms
• Authentication providers (Google, GitHub) - subject to their terms

You are responsible for complying with third-party terms.

9.1 International Data Transfers

Some of our service providers (notably OpenAI) are located in the United States. When you use our Service, your personal data may be transferred to and processed in countries outside the European Economic Area (EEA).

Data Transfer Safeguards:

• We use Standard Contractual Clauses (SCC) approved by the European Commission for transfers to third countries that do not have an adequacy decision.
• OpenAI processes data under their Data Processing Addendum (DPA), which includes EU Standard Contractual Clauses.
• We implement additional technical and organizational measures to protect your data during international transfers, including encryption in transit and at rest.
• For API requests to OpenAI: Chat messages are encrypted before transmission and OpenAI does not use API data to train their models (per their API Data Usage Policy).

By using our Service, you consent to the transfer of your personal data to these third countries under the safeguards described above. For more details, see our Privacy Policy.

10. Changes to Terms

We may update these Terms by posting a new version with an updated "Last Updated" date. Material changes will be notified via:

• Email (to your registered address)
• In-app notification
• 30 days' notice before changes take effect

Continued use after changes constitutes acceptance.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of Finland (or your EU member state if you are a consumer, per Rome I Regulation).

11.2 Dispute Resolution

For Consumers (B2C):

• You may file claims in your country of residence (EU Regulation 1215/2012)
• You may use the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

For Businesses (B2B):

• Exclusive jurisdiction: Courts of Helsinki, Finland

11.3 Informal Resolution

Before legal action, contact us at legal@ainiq.app to attempt resolution.

12. Miscellaneous

12.1 Entire Agreement

These Terms, Privacy Policy, and Cookie Policy constitute the entire agreement.

12.2 Severability

If any provision is invalid, the rest remains enforceable.

12.3 No Waiver

Our failure to enforce a right does not waive it.

12.4 Assignment

You may not transfer your account. We may assign these Terms to a successor.

12.5 Force Majeure

We are not liable for delays caused by events beyond reasonable control (e.g., natural disasters, war, pandemics).

13. Contact Information

For questions about these Terms:

• Email: legal@ainiq.app
• Support: support@ainiq.app
• Data Protection Officer: dpo@ainiq.app (if applicable)

By using AINIQ, you confirm that you have read, understood, and agree to be bound by these Terms of Service.