TERMS OF USE - GUIDEGLARE

1 Introduction

These terms of use (hereinafter also referred to as "Terms") govern the use of services provided by the Company Explicaire s.r.o., with registered office at Plovární 478/1, Jižní Předměstí, 301 00 Plzeň, ID number: 19890770, registered in the commercial register under file number C 44440/KSPL maintained by the Regional Court in Pilsen (hereinafter also referred to as the "Provider, we"). This service, etc. called "GuideGlare" (hereinafter also referred to as the "Service"), includes, among other things, experimental use technology generative artificial intelligence).

These terms of use of the Service are a legal agreement between the Provider and you, physical or legal person (further also as "User, you, you, your"). By using the Service, you agree to these terms of use, and you commit them adhere to.

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

If you do not agree with any part of these terms, you may not use the Service.

2 Service description

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

The Service is intended for informational and creative purposes and is not intended to provide professional advice in any areas, including, but not limited to, legal, financial, health or other professional areas. Users should na basis of the provided Content to make their own decisions and always carry out an independent verification of the correctness of the information.

3 Handling of User Content and Licenses

The User can upload his own text or image content to the Service (hereinafter also referred to as "User contents"). The Provider is not responsible for the User Content uploaded by the User and does not systematically monitor it control. User bears full responsibility for the content it uploads to the Service and undertakes not to upload content that is illegal, 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 User content exclusively for the purposes of processing generative artificial intelligence technologies, imaging User content in the Service, including its use as input for further content generation (hereinafter also like "Input"). The Provider undertakes that the User Content will not be further disclosed to third parties, except providers technologies of large language models (e.g. Google) which are necessary for the functioning of the Service. User takes on awareness that all User Content uploaded to the Service may be used as input for generative technology, and hereby consents to its processing within the Service.

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

3.1 Retention and deletion of User Content

The User grants the Provider consent to store User Content on the Provider's technical means (especially database) for an unlimited time.

The retention period (retention) of some types of User Content depends on the type of Subscription that has User negotiated. The Provider reserves the right to determine a specific retention period for each type of Subscription User's content and Content. After this period, User Content and Content may be automatically and irrevocably deleted, including without prior notice to the User.

The User acknowledges that the retention period of User Content and Content may vary depending on the chosen Subscription, a upon expiration of the applicable retention period, User Content and Content may be removed from the Service's storage. That's why responsible for own backup of User Content and Content that he wants to keep even after the end of the specified period retention.

4 Liability

4.1 Experimental Nature and Limitation of Content Liability

The service uses experimental generative artificial intelligence technology that is constantly under development. It isn't guaranteed that the Content generated by the Service will always be accurate, correct or harmless. Content provided Service does not represent the views of the Provider and the Provider assumes no responsibility for any inappropriate, inaccurate or wrong Content.

Before choosing to use or rely on Content generated by the Service, you should thoroughly change your mind. We strongly recommend that you perform your own verification of the factual accuracy and suitability of the Content for your use specific purposes.

4.2 Exclusion of Expert Advice

The Service does not provide legal, financial, medical or other professional advice. Content generated by this Service is intended exclusively for informational and creative purposes and does not serve as a substitute for professional consultation or advice qualified professionals. All Content related to legal, financial, health or other professional topics does not serve to to be relied upon as professional opinion. The content is not a medical diagnosis or medical care and it can't be like that use.

4.3 Limitation of Liability for Damages

The Provider is not responsible for any direct or indirect losses and damages caused by the use of the Service, including loss or damage to data, lost profit, disruption of operations or other consequential damages, losses caused by interruption work activities or by breach of integrity, loss of reputation, losses resulting from malfunction or failure the User's equipment or any other damages or losses. The provider is not responsible for any property, non-pecuniary, direct, indirect, consequential, economic or other damage arising from the use of the Content. This limitations liability does not affect damage caused intentionally or due to gross negligence.

These limitations of liability apply even if the Provider has been warned of the possibility of such damages and losses or others damages.

Should the Provider be found liable for any damage arising in connection with the use of this Services, his liability is limited to the amount paid by the User for using the Service, excluding damages caused intentionally or through gross negligence.

The User expressly agrees to defend, indemnify and hold the Provider harmless from all costs, damages, obligations and expenses (including fees for legal representation and other expenses) incurred by the Provider in context with any third party claim or demand related to the User's use of the Content, or which arise in in connection with or to prevent such third party claim or demand.

4.4 Liability for User Uploaded User Content

Users are responsible for the User Content they upload to the Service. The provider does not check recorded User Content and is not responsible for its legality or for any violation of the rights of third parties. Users are obliged to ensure that their User Content is not illegal, does not infringe copyright or otherwise legal regulations.

The Service Provider invites Users not to enter the uploaded User Content into the Service personal or otherwise sensitive data that would be subject to standards and laws regarding the protection of personal data (not only but including e.g. GDPR regulation). The user bears full responsibility in cases where he uploads such data to the Service, Provider does not carry out a targeted check to see if this obligation is not violated.

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

5 Personal data protection

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

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

6 Rights and obligations of the User

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 Use.

6.1.2 To protect personal data

Request the protection of your personal data in accordance with the privacy policy (see Privacy Policy).

6.1.3 Use of Generated Content

Users have the right to use Content generated for them using the Service for personal or commercial purposes purposes if it does not contradict the law and these Terms of Use.

6.1.4 Withdrawal of Consent

Users have the right to withdraw their consent to the processing of personal data at any time, without impact on legality processing prior to this revocation (as described in the Privacy Policy). However, the User acknowledges that appeal consent may make further use of the Service impossible, as certain processing of personal data is necessary for its functioning.

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 from her closure, without giving a reason, in accordance with § 1829 of the Civil Code. Users have the right to a refund all of them of funds that the Provider received from them, if, however, the User requests that the provision The service has started before the expiration of the period for withdrawing from the contract, 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 scope of the already provided Service. The user will be about this reality informed before completing the order and gives his express consent for the provision of the Service to begin before upon expiry of the withdrawal period.

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

6.2 Obligations of the User

The user has the following obligations:

6.2.1 Age of the User

The user must be over 18 years old. By using the Service, the user declares that he has reached the age of at least 18 and has a full legal capacity to enter into this contract for the use of the Service.

6.2.2 Creating a User Account

To access the Service, you must create a User Account (hereinafter also referred to as an Account). You are at registration obliged provide accurate, current and complete information, including your name and valid email address. Provided the 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 your Account access information, including your password, and for all activities carried out under your Account. In case of loss or misuse of access data, you are obliged to immediately inform Provider so that he can secure the Account against unauthorized access.

6.2.4 Compliance with legal regulations

Users are obliged to use the Service in accordance with the applicable laws and regulations of the Czech Republic and European Union, including laws related to copyright protection, personal data protection, consumer protection and others 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 agree not to upload content to the Service that:

  • Is unlawful, offensive, threatening, deceptive or otherwise inappropriate.

  • Infringes the intellectual property rights of third parties (e.g. copyright, trademarks).

  • Contains personal data of third parties without their express consent or does not comply with GDPR.

  • Promotes or generates content related to child sexual abuse, violent extremism or others by illegal or harmful behavior.

  • Promotes the sale of illegal substances, goods or services, or provides instructions for their production or acquisition.

  • Encourages or incites the commission of any crime.

6.2.6 Verification of Content

Users are responsible for verifying the factual accuracy and suitability of Content generated by the Service before than on him they will rely on or use it for any decisions or actions.

6.2.7 Responsible use of the Service

Users must not abuse the Service for activities that could threaten its functionality or disrupt the Services provided other Users. This includes for example:

  • Attempts to violate the security of the Service, overloading servers, automated queries or others activities that would could negatively affect the operation of the Service.

  • Generating or spreading spam, deceptive or fraudulent activities, phishing or malware.

  • Deliberately bypassing or violating the security filters of the Service in order to cause the model to generate inappropriate or harmful Content.

6.2.8 Valid Subscription

Users must have a valid and paid Subscription for the entire period of using the Service. Access to the Service will be limited or canceled if the Subscription is not properly paid for or extended.

6.2.9 Prohibition of bypassing technical measures

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

6.2.10 Prohibition of direct access to the application interface

Users may not access the Service interface (API) directly. The service can only be used through graphic interface of the Service available at app.guideglare.com .

6.2.11 Prohibition of generating inappropriate Content

Users may not use the Service to create, generate or distribute Content that:

  • Promotes or encourages hatred, violence or self-harm.

  • Incites to harass, bully or insult individuals or groups based on sensitive characteristics (eg race, religion, gender).

  • Contains sexually explicit material with the exception of content created for scientific, educational, documentary or artistic purposes.

  • Misuses personal information or enables tracking of individuals without their consent.

  • Impersonates another person without their consent, to defraud or harm.

  • Uses to spread false information or misleading claims, especially in sensitive areas, as they are health, finance, law or civil service.

6.3 Consequences of breach of obligations

In the event that the User violates any of the above obligations, the Provider reserves the right immediately prevent access to the Service, remove the uploaded illegal User Content and Content and, where applicable, cancel the User Account without prior notice. The Provider may also take further legal action, including claims for compensation damage caused by a breach of these Terms.

7 Feedback

Without incurring such an obligation, you can make suggestions and requests or offer repairs, modifications, improvement or other feedback regarding the Service (hereinafter referred to as "Feedback"). Feedback even if you mark it as confidential does not create any obligation of confidentiality for the Provider. If you provide Feedback, you grant to basis of your intellectual property rights to the Provider and persons authorized by him exclusive, permanent, irrevocable, worldwide, royalty-free, fully paid-up and transferable license with the right to grant sub-licenses, to public performing, publicly displaying, reproducing, using, manufacturing, selling, offering for sale, distribution (through multi-level distribution), importation, creation of derivative works and other commercialization and exploitation Feedback at the Provider's discretion.

The User may not provide Feedback that he has reason to believe is subject to any restriction, which would prevented the exercise of a right set forth in this section; or which is subject to license terms that aim to require, that any product containing or developed using such Feedback or other intellectual ownership Provider or its affiliates has been licensed or otherwise shared with any third party aside.

8 Subscriptions, Payments and Pricing

8.1 Payments

8.1.1 Methods of payment

The price of the Subscription is determined according to the current price list published on the website of the Service. Payments for Subscriptions are processed through the Stripe payment gateway (http://stripe.com ). Subscriptions are paid for by payment cards supported by Stripe, including credit and debit cards (further also as "Method of Payment"). When making a payment, the User undertakes to provide valid payment information and agree with by Stripe making a collection in favor of the Provider according to the agreed Subscription.

8.1.2 Refunds in case of unavailability of the Service

If there is an outage of the Service caused by the Provider, which lasts continuously longer than 48 hours, has The User has the right to demand the return of a proportional part of the paid Subscription for the period when the Service was available unavailable. Substitutions or refunds for other reasons are not granted unless otherwise agreed in exceptional cases.

8.2 Subscriptions

8.2.1 Term and Renewal of Subscription

Subscription is provided for monthly, annual or other periods indicated at the time of purchase. Subscription to automatically renews at the end of each prepaid period, unless the User cancels his Subscription for at least 24 hours before the end current period. The subscription is automatically renewed for the same period unless the User cancels it according to instructions below. The User understands that the renewal of the Subscription is connected with the automatic payment of the price for Subscription from The means of payment that the User provided when ordering the Service Subscription, or Payment means, which he entered in the graphical interface of the Service. The user can change the assigned Payment means at any time graphic Service interface. Users will be informed about the upcoming renewal and the possibility of its cancellation in user interface of the Service, or they can inquire via email.

8.2.2 Cancellation of Subscription

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

8.2.3 Price Change

The Service Provider reserves the right to adjust the Service subscription prices at any time. Users will o price changes informed at least 30 days in advance. In the event of an increase in the price of the Subscription, Users have their right Cancel subscription before the change takes effect, while they will be left with the current price until the end of the prepaid period period.

8.2.4 Deleting User data after canceling the Subscription

After canceling the Subscription, the Provider reserves the right to delete all data and content uploaded by the User to services, including User Content and Content, after 30 days from the date of cancellation of the Subscription. Users are responsible for backing up your User Content and Content prior to termination of your Subscription. After this period, it is not possible data restore. The provider is not responsible for any losses caused by the deletion of data after this period.

8.2.5 Restriction of access of the User without a valid Subscription

If the User's Subscription is not paid or canceled, access to the Service will be automatically restricted or cancelled. The Provider is not responsible for any losses or damages caused by the restriction of access to the Service v as a result non-payment or cancellation of the Subscription.

8.3 Consent to the immediate commencement of the provision of the Service

8.3.1 Explicit consent to immediately start providing the Service

By purchasing a Subscription, the User agrees that the Service Provider will begin the performance of the Service immediately, i.e. immediately after completing the purchase of the Subscription.

8.4 Instruction of the User about the termination of the right of withdrawal

8.4.1 Instruction on termination of right of withdrawal

The user has been duly informed and acknowledges that his right to withdraw from the contract expires with this consent within the deadline of 14 days, as the performance of the Service begins immediately after the purchase of the Subscription.

8.5 User credits and fair use policy

8.5.1 User Credits

Users acquire a certain amount of units (so-called user credits) within their Subscription, which they can be used for individual artificial intelligence functions (hereinafter referred to as "Credits"). These Credits are meant to be activated and use individual functions of the Service, in particular to generate text and digital content through artificial technology intelligence. The amount of allocated Credits may vary depending on the type of Subscription. At using selected individual Credits are subtracted using the Service function. If the allocated Credits are used up by the User, they can be some functions of the Service are limited depending on the type of used Credits.

Credits are renewed at the beginning of each prepaid period and cannot be carried over to the next period unless they weren't exhausted. The User can find information about the percentage use of Credits in the current period in the graphic interface Services, or can obtain it by asking user support.

8.5.2 Fair use policy

In order to ensure equal access and quality functionality of the Service for all Users, some are used functions Services regulated by "fair use" principles. This regulation limits the number of individual invocations of the Service to a certain number for a minute. The User can find out this number by asking the Service support. This limit is set so that each User could use up the allocated Credits within his Subscription. Information about this limit can be provided by the User find out by asking for user support of the Service.

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. You are the provider reserves the right adjust these limits in order to maintain the availability and quality of the Service.

8.6 Trial Period

8.6.1 Definition of the Trial Period

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

8.6.2 Prohibition of Circumvention

Users are prohibited from creating multiple User accounts to circumvent the limitation of utilizing the Trial only once. The Provider reserves the right, at its sole discretion, to deactivate or terminate any User account that violates this rule.

8.6.3 Activation

A User eligible for the Trial may activate it by selecting the relevant option within the Application interface when creating a subscription. To activate the Trial, the User is required to provide their Payment Method information. The Payment Method will not be charged during the Trial Period. However, the User grants the Provider the right to authorize and charge the Payment Method after the expiration of the 5-day Trial Period if the User does not cancel the Service before the Trial ends.

8.6.4 Deactivation

The User has the right to cancel the Service at any time during the Trial Period free of charge via the Application interface. If the User cancels the Service before the end of the Trial Period, no charges will be incurred, and the provision of the Service will terminate at the end of the Trial Period.

9 Availability of the Service and termination of the Service

9.1 Service Availability

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

The Provider is not responsible for any damage, loss or damage that the User may incur in as a result unavailability of the Service or User Content and Content provided through the Service, whether is about temporary or long-term unavailability. This includes in particular, but not limited to, cases caused by technical problems network outages, maintenance, updates, interventions by third parties 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 responsible for any direct or indirect property, non-property, economic or other damage caused by the unavailability of the Service or User Content and Content. This limitation of liability also applies in in the event that the Provider has been notified of the possibility of such damage.

9.2 Termination of the Service 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, Users who prepaid Service for a certain period, a proportional part of the money returned for the unused period, while this amount will be calculated on based on the remaining period of the valid Subscription as of the end of the Service provision.

Users are not entitled to any other compensation or compensation when the Service is terminated the stated amount for unused period.

10 Legal Clauses

10.1 Changes to the Terms of Use

The provider reserves the right to modify or change these Terms of Use at any time. All changes There will be conditions notified to Users via the Service or by e-mail 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 the usage agreement Services terminate without any penalties if they do not agree with the changes. By continuing to use the Service after acquisition efficiency of changes Users agree 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 Conditions will be decided by the relevant courts of the Czech Republic. Users who are consumers can submit lawsuit in court according to your place of residence.

10.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, it shall not have effect on validity and enforceability of the remaining provisions. The invalid provision will be replaced by a valid provision, which with what comes closest to the original purpose.

10.4 Completeness of Agreement

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

These Terms of Use are drawn up in different languages. In the event of a discrepancy between the language versions, the Czech version shall prevail and be used.