Conductor – Nutzungsbedingungen (EULA)
TERMS AND CONDITIONS FOR THE USE OF CONDUCTOR
Effective: August 2025
TERMS FOR THE EUROPEAN UNION AND EUROPEAN ECONOMIC AREA
- IMPRESSUM / PROVIDER IDENTIFICATION (DE)
The provider identification required by § 5 DDG (Impressum) and contact details are available at: Impressum. Within the app and on the website, the link labelled “Impressum” is placed in an easily accessible location.
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ACCEPTANCE OF TERMS By downloading, installing, or using the application (“App”), you expressly agree to these Terms and Conditions. If you do not agree, please refrain from using the App.
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LICENSE GRANT We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal or professional purposes associated with your Apple ID or iCloud account.
Apple’s Required Terms:
- These Terms and Conditions are between you and the App developer, not with Apple Inc.
- Apple has no obligation to furnish any maintenance and support services with respect to the App.
- We (the App developer) are responsible for providing maintenance and support for the App as between you and us, and for addressing warranty claims, product liability claims, or any other claims relating to the App.
- Apple is not responsible for addressing any claims relating to the App or your possession/use of the App.
- Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual property infringement claims.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and are entitled to enforce them against you.
2C. FUNCTION, COMPATIBILITY, INTEROPERABILITY & UPDATES (EU/DE)
Requirements: a compatible iPhone/iPad with iOS/iPadOS as stated in the App Store listing and a valid Apple ID with iCloud access.
Interoperability/Compatibility: the App uses Apple iCloud/CloudKit for synchronisation. Offline use is limited; certain features may require an active iCloud connection.
Updates (§§ 327 ff. BGB): we provide necessary security and functionality updates and may require their installation for continued use. We only change the digital product where lawful and reasonable for you (§ 327r BGB); we will inform you of material changes.
2D. CHANGES TO THE DIGITAL PRODUCT (EU/DE; § 327r BGB)
We may modify features that are not necessary to maintain conformity only if (i) there is a valid reason (e.g., security, legal or regulatory requirements, interoperability, discontinuation or replacement of third‑party APIs/services), (ii) you are not charged additional costs, and (iii) you are informed clearly and in due time. If a modification negatively affects access to or use of the App beyond a negligible extent, you may terminate the contract within 30 days from the notice; any prepaid amounts for the affected period will be refunded pro rata where applicable.
- USER RESPONSIBILITIES
3A. PERMITTED USE (EU/DE)
The App may be used for personal and professional purposes, provided such use is lawful and complies with these Terms.
3B. NO PROFESSIONAL ADVICE / USER RESPONSIBILITY (EU/DE)
The App is an AI‑powered productivity tool and must NOT be used as a substitute for licensed professional advice. This applies in particular to:
- Legal Advice: AI outputs do not replace the services of a licensed attorney or legal professional
- Tax Advice: AI outputs do not replace the services of a licensed tax advisor or accountant
- Financial Advice: AI outputs do not replace the services of a licensed financial advisor
- Medical Advice: AI outputs do not replace the services of a licensed physician or medical professional
- Mental Health/Therapeutic Advice: AI outputs do not replace the services of a licensed therapist or psychologist
Outputs (including tool results) may be inaccurate, incomplete, or misleading. You are solely responsible for verifying outputs and for decisions you make based on them. You bear full risk when using AI outputs for decisions with legal, financial, tax, or health consequences.
Users are responsible for the accuracy, legality, and completeness of information processed with the App.
We explicitly do not guarantee the legal, financial, or factual accuracy of the App’s outputs.
Users explicitly agree not to:
- Modify, reverse engineer, decompile, or disassemble the App, except to the extent permitted by applicable law (e.g., § 69e UrhG).
- Use the App for any illegal, unethical, or unauthorized purpose.
- Share login credentials or access with third parties.
- Create derivative works based on the App.
- Attempt to circumvent subscription restrictions or payment systems.
- Export, re-export, or use the App in violation of applicable export control laws.
- Use the App for creating or distributing misleading content, deepfakes, or any content intended to deceive others.
- Process highly sensitive data including but not limited to medical diagnoses, genetic information, biometric data for identification purposes, or data concerning health, sexual orientation, political opinions, religious or philosophical beliefs.
- FREEMIUM MODEL AND PREMIUM FEATURES
The App is provided on a Freemium model, with basic functionality available at no charge and premium features available for a fee through in-app purchases processed by Apple’s App Store.
Premium features include but are not limited to access to additional models/providers, higher limits, and extended tool and knowledge base functionality.
All purchases are subject to Apple’s App Store terms and conditions. Payments for premium services are processed by Apple, not the App developer.
ADVERTISING NOTICE
Currently, the App does not contain any advertising. However, we explicitly reserve the right to introduce advertisements into the App in the future, particularly in the free version. Should we introduce advertising, we will:
- Provide at least 30 days’ notice before introducing advertisements
- Ensure advertisements comply with all applicable laws and App Store guidelines
- Allow Premium users to access an ad-free experience as part of their subscription benefits
- Implement appropriate privacy controls related to advertising where applicable
- Use personalized advertising or tracking technologies only with your explicit consent (opt‑in) collected via an in‑app prompt
- Show only contextual (non‑personalized) advertising if you do not consent; Premium remains ad‑free
We will request your consent before enabling any personalized advertising or tracking. In Germany, any non‑essential access to or storage of information on your device (e.g., advertising identifiers or analytics) occurs only with your prior consent pursuant to § 25 TTDSG/TDDDG; consent can be withdrawn at any time in the App and non‑essential SDKs are not loaded before consent.
- AI AND TOOLING DISCLAIMER
The App utilizes artificial intelligence (AI) and large language models (LLMs) for chat responses, reasoning, summarization, and optional processing of attachments/knowledge base content. Generated information is provided exclusively for informational purposes.
We explicitly disclaim liability for:
- Any inaccuracies, errors, omissions, or misleading information produced by the AI/LLM.
- Decisions or actions taken by users based on AI/LLM-generated content.
- Consequences arising from reliance on AI/LLM outputs.
- Errors or incomplete results from integrated tools and third‑party APIs.
AI-generated content does not constitute professional legal, financial, tax, medical, or other specialized advice. Users must independently verify all information or seek appropriate professional consultation. By using the AI-powered features, you explicitly acknowledge and accept these risks.
We do not assume responsibility for performance outages, inaccuracies, or damages arising from the use of third-party services and APIs integrated into the App.
We reserve the right to update AI and LLM models at any time, and any resulting changes in generated content quality or nature do not constitute a defect.
Specific examples of potential AI misinterpretations include, but are not limited to:
- Hallucinated or incorrect facts, links, or citations
- Outdated information
- Misinterpretation of your intent or context
- Errors in calculations, logic, or code
- Incorrect tool calls or incomplete tool outputs
Users bear sole responsibility for any financial decisions made based on information processed by the App. This includes but is not limited to investment decisions, tax filings, expense reports, budget planning, or any other financially impactful actions. Users must independently verify all financial information before making monetary decisions based on App outputs.
5A. NO RELIABLE SOURCE OF TRUTH
AI models generate responses based on statistical probabilities and fundamentally cannot “know” or “understand” facts. You explicitly agree that any use of outputs from AI features is at your sole risk and you should not rely on AI output as a sole source of truth or factual information, or as a substitute for professional advice. AI outputs are provided exclusively for informational purposes and must be independently verified before being relied upon for any important decisions.
The probabilistic nature of large language models (LLMs) means that outputs are generated based on probability distributions rather than factual verification. The same prompt may yield different responses. Models do not have access to current information beyond their training cutoff date (which varies by provider) and may therefore provide outdated or incomplete information.
5B. CODE EXECUTION – SPECIAL RISKS
The app may offer a code execution feature that runs code you submit or code generated by AI in a sandbox environment or on an external service. This feature carries elevated security risks:
- Malicious Code: AI-generated code may unintentionally contain security vulnerabilities, errors, or harmful commands
- Unintended Actions: Code may have unexpected side effects (e.g., file deletion, network access)
- No Code Review Guarantee: We do not review executed code for security or correctness
- External Transmission: Code and input data are transmitted to external execution services
You bear full responsibility for code you execute. Carefully review code before execution, especially if it accesses sensitive data or performs system-critical operations. DO NOT use this feature for security-critical or production applications.
Current Research (2025): AI-generated code contains security vulnerabilities in approximately 45% of cases. Prompt injection attacks on AI code tools are not currently fully solvable.
5C. NO HIGH‑RISK USE
The App is not designed for use in safety‑critical or high‑risk environments where failure could lead directly to death, personal injury, or severe property/environmental damage (e.g., medical diagnosis/treatment, emergency communications, aviation/maritime/rail control, nuclear facilities, critical infrastructure management). Such use is prohibited.
- PRIVACY AND DATA SECURITY
User data is processed in compliance with applicable privacy laws, including the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy available within the App.
Conversation Contents:
- Conversation history (messages, assistant responses, and optional tool outputs), attachments (e.g. images/files), and knowledge base content are stored on your device and/or in your personal iCloud storage.
- We do NOT have access to your prompts or AI responses. We do NOT operate servers that store your chat content.
AI Processing – Three Modes:
Mode 1 (BYOK): You configure your own API keys. We do NOT transmit data and have NO ACCESS to your usage. You have direct contractual relationships with the providers you select.
Mode 2 (Credit Points): Requests are processed via our OpenRouter access. We see only usage metadata (tokens/credits), NOT your content. See Privacy Policy Section 3 for details.
Mode 3 (Local): Models run entirely on your device, no external transmission.
You control which mode and which tools you use in the app.
Data Storage:
- The App utilizes Apple’s CloudKit and iCloud to store app data, allowing synchronization across your devices.
- All app data, including chat history, attachments, and metadata, is stored in your personal iCloud account or on your device.
- While contents generally remain private, text/content may be processed by external AI services and tool providers when you use those features.
- Users are responsible for maintaining their own data backups.
- System logs generated by the App remain on your device and are not transmitted to or accessible by us.
- If you delete the App or lose access to your Apple ID/iCloud account, data stored only locally or in that account may be irrecoverably lost. We cannot restore such data for you.
- You are solely responsible for maintaining appropriate backups of your data (e.g., via iCloud backups).
No Data Backup Duty: We do not provide any data backup service. App content is never stored on our servers, but only on your device and/or in your personal iCloud account. We cannot recover deleted or inaccessible data for you.
Data Loss Liability Limitation: To the extent we are liable for data loss, liability is limited to the typical restoration effort that would have arisen if you had made regular and proper data backups.
Data Collection:
- We process only minimal personal data necessary to provide the App. This includes a pseudonymous subscription/entitlement identifier provided by Apple/RevenueCat for subscription management. We do not maintain personal user accounts on our own servers.
- When you use AI features, your prompts and relevant context are transmitted to external language model provider(s) you select/configure for processing on your behalf.
- For synchronisation, Apple iCloud/CloudKit is used to store app data under your personal Apple ID. Apple thereby acts as a service provider for storage/sync; we do not have access to the contents of your iCloud account.
- If you opt in to share anonymous usage statistics, such analytics data is collected only with your consent and is processed in aggregated form.
Legal Bases (GDPR): Processing for operating the App, synchronisation and subscription management is based on Art. 6(1)(b) GDPR (performance of a contract). Optional analytics is based on your consent (Art. 6(1)(a) GDPR). AI text processing is performed at your request to provide the selected feature; this is based on Art. 6(1)(b) GDPR (and, where applicable, additionally Art. 6(1)(a) GDPR if you choose optional settings).
Recipients/Processors: Apple (iCloud/CloudKit), RevenueCat (subscription management), and external language model provider(s) used for AI features. Where applicable, we conclude appropriate data processing agreements with such providers.
International Transfers: Depending on provider locations, processing may occur outside the EEA. Where applicable, transfers are safeguarded by an adequacy decision or by EU Standard Contractual Clauses (Art. 44 ff. GDPR).
Data Deletion:
- Since we do not store your app content on our servers, we cannot delete it upon request.
- To delete your data, you must remove chats/knowledge base items through the App interface or delete the App, which will remove locally stored data.
- You can delete all your data, including content stored in iCloud and the app’s database, through the app’s settings menu (where available). This option performs a complete wipe of all your data associated with the app.
- Your iCloud data remains under your control and can be managed through your Apple ID settings.
- For subscription information managed through RevenueCat, we can disassociate your anonymized identifier upon request.
Data Retention:
- Since we do not store your personal data on our servers, we do not have data retention policies related to your content.
- The anonymous usage statistics, if you’ve consented to share them, are retained for a maximum period of 12 months.
Data Transfer:
- By using the App, you acknowledge that any anonymized analytics data may be transferred to and processed on servers located within and outside the European Economic Area (EEA).
- No personal data or chat contents are transferred to our servers.
GDPR User Rights: You have the following rights under the GDPR: Right of access (Art. 15), rectification (Art. 16), erasure (Art. 17), restriction (Art. 18), data portability (Art. 20), and objection (Art. 21). Where processing is based on consent, you may withdraw consent at any time with effect for the future (Art. 7(3)). You also have the right to lodge a complaint with a supervisory authority (Art. 77), in particular at your habitual residence.
We do not assume liability for unauthorized access, data loss, or data alteration due to cyber-attacks or other security breaches beyond our reasonable control.
- PAYMENT, REFUNDS, AND SUBSCRIPTION TERMS
The App is generally provided free of charge (Freemium Model). Certain extended functionalities (“Premium Features”) are available only for a fee. The specific current scope of free and premium features, along with pricing, is detailed separately within the App.
We explicitly reserve the right to modify the scope of free and premium features, convert free functions to premium, or introduce new premium features at any time. Such changes do not constitute a defect, provided the core purpose of the App is maintained and users are notified at least 30 days in advance.
Users with active subscriptions retain access to subscribed features until the end of their subscription period. Changes apply only to future subscriptions or renewals.
All payments made for premium services or in-app purchases are final and non-refundable unless otherwise required by applicable law. Any refund requests must be submitted to Apple through the App Store.
Subscription services renew automatically unless canceled by the user at least 24 hours before the renewal date through their Apple ID settings.
7A. RIGHT OF WITHDRAWAL FOR EU CONSUMERS
Consumers have a 14-day right of withdrawal. For digital content, the right of withdrawal expires if you (i) explicitly consent to us beginning the provision before the end of the withdrawal period and (ii) confirm your knowledge that this causes the loss of the right of withdrawal (§ 356(5) BGB). For digital services, § 356(4) BGB applies. In‑app purchases and subscriptions are processed by Apple; any withdrawals and refunds are handled via the App Store mechanisms.
- DISCLAIMER OF WARRANTIES
Free functions of the App are provided “as is” and “as available” without warranties of any kind, express or implied.
For premium services, the statutory warranty claims regarding assured characteristics and availability apply, unless otherwise expressly stated.
We expressly do not warrant uninterrupted, error-free, secure, or continuously available services for free features.
- LIMITATION OF LIABILITY
We are liable without limitation for intent and gross negligence, for damages resulting from injury to life, body or health, and under the German Product Liability Act. In the event of slight negligence, we are liable only for the breach of essential contractual obligations (duties whose fulfilment is necessary to achieve the purpose of the contract and on whose observance you regularly rely). In this case, liability is limited to the foreseeable, typically occurring damage. Otherwise liability is excluded. Mandatory statutory claims remain unaffected.
9A. AI OUTPUT LIABILITY CAP
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO AI-GENERATED OUTPUTS (INCLUDING BUT NOT LIMITED TO HALLUCINATIONS, MISINFORMATION, ERRONEOUS CODE, OR TOOL RESULTS) SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR PREMIUM SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD). THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW (E.G., PERSONAL INJURY UNDER THE GERMAN PRODUCT LIABILITY ACT).
9B. LIABILITY EXCLUSION FOR BYOK MODE
When you use your own API keys (BYOK mode), we are NOT liable for:
- Erroneous, incomplete, or misleading outputs from AI providers you selected
- Privacy breaches by providers you selected
- Availability, performance, or costs of services you selected
You have direct contractual relationships with these providers. Please direct complaints to the respective provider.
- INDEMNIFICATION (FAULT-BASED ONLY)
You agree to indemnify us only to the extent a third‑party claim arises from your unlawful use of the App and is caused by your intent or negligence. The indemnity covers reasonable defense costs. The obligation applies only to justified, legally established or settled claims and only to the extent attributable to your fault. This does not apply where we contributed to the infringement or where contributory negligence on our side exists.
- TERMINATION AND MISUSE
We may terminate or suspend your access to the App for good cause, in particular in the event of significant or repeated breaches of these Terms or violations of applicable law. Statutory termination rights remain unaffected. We also reserve the right to pursue legal action against users who violate applicable laws or these Terms.
The following violations constitute grounds for immediate termination without prior notice:
- Using the App for illegal activities, including but not limited to fraud, identity theft, or money laundering
- Deliberate attempts to bypass subscription controls or payment mechanisms
- Distribution of malware, viruses, or other harmful code through the App
- Systematic extraction of data from the App beyond normal usage patterns
- Sharing access credentials with multiple users or unauthorized third parties
- Using automated systems or bots to interact with the App
- Any activity that significantly impairs App performance or availability for other users
- FORCE MAJEURE
Neither party shall be liable for any failure of or delay in performance of its obligations under these Terms for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, telecommunications, network, computer, server or Internet downtime, unauthorized access to information technology systems by third parties, or any other cause beyond the reasonable control of the party.
- CHANGES TO TERMS
Changes to these Terms will be communicated to users no less than 30 days before their effective date.
Continued use of the App after this period constitutes acceptance of the revised Terms.
If you disagree with the revised Terms, you must cease using the App and may request account deletion.
- USE BY MINORS
Minors under 18 years of age may only use the App with the explicit consent of a parent or legal guardian. We may request appropriate proof of consent and may restrict access where such proof cannot be provided.
- DISPUTE RESOLUTION
Any disputes arising out of or related to these Terms shall first attempt to be resolved through informal negotiation. If the dispute cannot be resolved through negotiation, both parties agree to participate in mediation before pursuing any legal remedies.
Information according to § 36 VSBG: We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
- CONTACT INFORMATION
For inquiries regarding these Terms, please contact us at litze.pasten.0i@icloud.com.
- GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with German law, excluding conflict-of-law provisions.
For consumers within the EU, mandatory consumer protection regulations of their country of residence shall apply.
- SEVERABILITY
Should individual provisions of these Terms be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
In case of invalidity of any provision, it shall be replaced by a valid provision that comes closest to the parties’ commercial intent.
- SPRACHE
Diese Nutzungsbedingungen werden in deutscher Sprache bereitgestellt. Eine englische Ăśbersetzung kann zu Informationszwecken zur VerfĂĽgung gestellt werden. MaĂźgeblich ist allein die deutsche Fassung.
- INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights, including but not limited to copyrights, trademarks, trade names, patents, software code, visual elements, graphic design, logos, and user interface of the App are the exclusive property of the App developer or its licensors.
Users are not granted any rights or licenses to the App’s intellectual property beyond the limited license specified in Section 2 of these Terms.
Any feedback, comments, or suggestions provided by users regarding the App may be used by us without restriction or compensation.
The App name “Conductor”, its logo, and associated visual elements are protected trademarks. Any unauthorized use, reproduction, or distribution of these trademarks is strictly prohibited.
Users explicitly agree not to:
- Copy, reproduce, modify, or create derivative works of the App or its content
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices
- Use the App’s name, logo, or trademarks in any manner that suggests endorsement or affiliation without prior written consent
- Register or attempt to register any trademarks, service marks, or domain names that are identical or confusingly similar to our marks
All rights not expressly granted to users under these Terms are reserved by the App developer.
Open‑Source Notices: The App may include third‑party open‑source components. Applicable open‑source licenses and notices are available at /oss-notices; those licenses govern the respective components.
TERMS FOR NORTH AMERICA (UNITED STATES AND CANADA)
For users in the United States and Canada, the following terms apply in addition to or in replacement of the terms above:
- PRIVACY AND DATA SECURITY
DATA COLLECTION STATEMENT The App processes only minimal personal information as needed to operate the service (e.g., a pseudonymous subscription/entitlement identifier provided by Apple/RevenueCat) and the content you choose to send to external language models when using AI features. We do not maintain personal user accounts on our own servers, and chat contents are stored only on your device and/or in your personal iCloud storage. You may have rights under applicable U.S. state privacy laws; please see our Privacy Policy for how to exercise them.
- DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE APP WILL FUNCTION UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED TO THE MINIMUM WARRANTY PERIOD ALLOWED BY APPLICABLE LAW.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
- DISPUTE RESOLUTION
INFORMAL DISPUTE RESOLUTION Any disputes arising out of or related to these Terms or your use of the App shall first attempt to be resolved through informal negotiation. If the dispute cannot be resolved through negotiation, both parties agree to participate in mediation before pursuing any other legal remedies.
CLASS ACTION WAIVER YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
For Canadian residents, nothing in these Terms limits your ability to bring issues to the attention of federal, provincial, or local agencies.
- GOVERNING LAW AND JURISDICTION
For users in the United States, these Terms shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions.
For users in Canada, these Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in New York, New York, and you hereby consent to personal jurisdiction and venue in such courts.
- LANGUAGE
For Canadian residents in Quebec, the parties expressly acknowledge that they have requested that these Terms and all related documents be drafted in English. Les parties reconnaissent expressément avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.
TERMS FOR ASIA-PACIFIC REGION
For users in Australia, New Zealand, Japan, Singapore, and other Asia-Pacific countries, the following terms apply in addition to or in replacement of the terms above:
- PRIVACY AND DATA SECURITY
User data is processed in compliance with applicable privacy laws in your jurisdiction, including the Australian Privacy Act 1988, New Zealand Privacy Act 2020, Japanese Act on the Protection of Personal Information (APPI), Singapore Personal Data Protection Act (PDPA), and related regulations.
Conversation Contents and Data Storage:
- Conversation history, attachments, and knowledge base content are stored on your device and/or in your personal iCloud storage.
- When you use AI features, content you choose to provide (and relevant context) may be sent to external language models and, depending on the tools you use, to third‑party APIs.
- App data is stored in your personal iCloud account or on your device.
We process only minimal personal information necessary to operate the service (e.g., a pseudonymous subscription/entitlement identifier) and the content you choose to send to external language models when using AI features. Conversation contents remain on your device and/or in your personal iCloud storage. You may have rights under your local privacy laws; please see our Privacy Policy for details.
- PAYMENT, REFUNDS, AND SUBSCRIPTION TERMS
REGIONAL CONSUMER PROTECTION RIGHTS
Australia and New Zealand: For users in Australia and New Zealand, nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or the New Zealand Consumer Guarantees Act 1993, which cannot be excluded, restricted or modified by agreement.
To the extent permitted by law, our liability for any breach of a non-excludable guarantee is limited, at our option, to:
- The replacement of the goods or the supply of equivalent goods;
- The repair of the goods;
- The payment of the cost of replacing the goods or of acquiring equivalent goods; or
- The payment of the cost of having the goods repaired.
Japan: For users in Japan, consumer protection rights afforded under Japanese law, including the Consumer Contract Act, cannot be waived and apply despite anything to the contrary in these Terms.
Singapore: For users in Singapore, the Consumer Protection (Fair Trading) Act applies to these Terms to the extent that you are using the App for personal consumption.
- DISCLAIMER OF WARRANTIES AND STATUTORY GUARANTEES
CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN CONSUMER LAW, MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS.
WHERE WE ARE LIABLE FOR A BREACH OF A NON-EXCLUDABLE CONDITION OR WARRANTY, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, TO THE FOLLOWING AT OUR OPTION:
- THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS;
- THE REPAIR OF THE GOODS;
- THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR
- THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.
- LIMITATION OF LIABILITY
WHERE LIABILITY CANNOT BE EXCLUDED, SUCH AS UNDER CONSUMER GUARANTEES AND FAIR TRADING LAWS IN AUSTRALIA AND NEW ZEALAND, OUR LIABILITY TO YOU IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE APP (OR, WHERE PERMITTED, THE COST OF RESUPPLYING THE SERVICE).
- DISPUTE RESOLUTION
For users in Australia, New Zealand, Japan, or Singapore, you may also have access to local consumer protection agencies and small claims tribunals, which provide an alternative avenue for dispute resolution.
Australia: For Australian users, nothing in these Terms limits your right to pursue a complaint with the Australian Competition and Consumer Commission or relevant state consumer protection agency.
New Zealand: For New Zealand users, nothing in these Terms limits your right to pursue a complaint with the Commerce Commission or the Disputes Tribunal.
Japan: For Japanese users, nothing in these Terms limits your right to pursue a complaint with the Consumer Affairs Agency or other relevant consumer protection organizations.
Singapore: For Singaporean users, nothing in these Terms limits your right to pursue a complaint with the Consumers Association of Singapore (CASE) or Small Claims Tribunals.
- GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of:
- For users in Australia: the laws of New South Wales, Australia
- For users in New Zealand: the laws of New Zealand
- For users in Japan: the laws of Japan
- For users in Singapore: the laws of Singapore
- For users in other Asia-Pacific countries: the laws of Singapore
Nothing in these Terms excludes the application of mandatory consumer protection laws in your jurisdiction.
Any disputes shall be resolved in the courts of your country of residence, and you consent to the non-exclusive jurisdiction of those courts.
TERMS FOR LATIN AMERICA
For users in Brazil, Argentina, Colombia, Mexico, Chile, and other Latin American countries, the following terms apply in addition to or in replacement of the terms above:
- PRIVACY AND DATA SECURITY
User data is processed in compliance with applicable privacy laws in your jurisdiction, including Brazil’s Lei Geral de Proteção de Dados (LGPD), Argentina’s Personal Data Protection Law (Law No. 25,326), Colombia’s Law 1581 of 2012, Mexico’s Federal Law on Protection of Personal Data Held by Private Parties, Chile’s Law No. 19,628 on the Protection of Private Life, and other applicable regional regulations.
Conversation Contents and Data Storage:
- Conversation history, attachments, and knowledge base content are stored on your device and/or in your personal iCloud storage.
- When you use AI features, content you choose to provide (and relevant context) may be sent to external language models and, depending on the tools you use, to third‑party APIs.
- App data is stored in your personal iCloud account or on your device.
We process only minimal personal information necessary to operate the service (e.g., a pseudonymous subscription/entitlement identifier) and the content you choose to send to external language models when using AI features. Conversation contents remain on your device and/or in your personal iCloud storage. You may have rights under local privacy laws; please see our Privacy Policy for details on how to exercise them.
Data Transfer:
- By using the App, you acknowledge that any anonymized analytics data may be transferred to and processed on servers located within and outside your country of residence, but only if you explicitly opt in to share such data.
- PAYMENT, REFUNDS, AND SUBSCRIPTION TERMS
REGIONAL CONSUMER PROTECTION RIGHTS
Brazil: For users in Brazil, these Terms comply with the Brazilian Consumer Defense Code (CDC). In accordance with the CDC, consumers have the right to:
- Clear and accurate information about products and services
- Protection against deceptive and abusive advertising
- Protection against unfair or abusive contract clauses
- Effective prevention and redress for damages
The statutory 7-day cooling-off period for distance purchases applies to eligible digital content that has not been accessed or used.
Argentina, Colombia, Mexico, and Chile: For users in these countries, all applicable consumer protection laws regarding clarity of terms, fairness in contractual relations, and right to information apply to these Terms.
- DISPUTE RESOLUTION
For users in Latin American countries, you may also have access to local consumer protection agencies and small claims procedures, which provide an alternative avenue for dispute resolution.
Brazil: For Brazilian users, disputes may be submitted to the consumer protection agencies (PROCON) or to the small claims courts (Juizados Especiais) in accordance with Brazilian law.
Argentina, Colombia, Mexico, and Chile: For users in these countries, local consumer protection agencies and procedures are available for dispute resolution in accordance with local laws.
- GOVERNING LAW AND JURISDICTION
For users in Brazil, these Terms shall be governed by and construed in accordance with the laws of Brazil. For users in Argentina, these Terms shall be governed by and construed in accordance with the laws of Argentina. For users in Colombia, these Terms shall be governed by and construed in accordance with the laws of Colombia. For users in Mexico, these Terms shall be governed by and construed in accordance with the laws of Mexico. For users in Chile, these Terms shall be governed by and construed in accordance with the laws of Chile. For users in other Latin American countries, these Terms shall be governed by and construed in accordance with the laws of Brazil.
- LANGUAGE
For users in Brazil, in case of any discrepancy between the English version and the Portuguese version, the English version shall prevail. Para os usuários no Brasil, em caso de discrepância entre a versão em inglês e a versão em português, a versão em inglês prevalecerá.
TERMS FOR MIDDLE EAST REGION
For users in the United Arab Emirates, Saudi Arabia, Qatar, and other Gulf countries, the following terms apply in addition to or in replacement of the terms above:
- USER RESPONSIBILITIES
Users explicitly agree not to:
- Use the App to create, store, or process content that may be considered offensive, defamatory, or contrary to local customs, traditions, or values applicable in your jurisdiction.
- CONTENT RESTRICTIONS
Users in Middle Eastern countries acknowledge and agree to comply with all local laws, regulations, and cultural sensitivities. The App must not be used to create, store, process, or share any content that:
- Contradicts Islamic principles or values in jurisdictions where Islamic law applies
- Contains material that may be considered blasphemous or disrespectful to religious beliefs
- Promotes political ideologies prohibited in your jurisdiction
- Contains content prohibited by local censorship laws or regulations
- May be considered contrary to public morals, ethics, or social values in your jurisdiction
The user is solely responsible for ensuring that all content processed using the App complies with all applicable local laws and regulations.
- PRIVACY AND DATA SECURITY
User data is processed in compliance with applicable privacy laws in your jurisdiction, including the UAE Federal Decree-Law No. 45 of 2021 on Personal Data Protection, Saudi Arabia’s Personal Data Protection Law, Qatar’s Law No. 13 of 2016 on the Protection of Personal Data, and other applicable regional regulations.
Conversation Contents and Data Storage:
- Conversation history, attachments, and knowledge base content are stored on your device and/or in your personal iCloud storage.
- When you use AI features, content you choose to provide (and relevant context) may be sent to external language models and, depending on the tools you use, to third‑party APIs.
- App data is stored in your personal iCloud account or on your device.
We process only minimal personal information necessary to operate the service (e.g., a pseudonymous subscription/entitlement identifier) and the content you choose to send to external language models when using AI features. Conversation contents remain on your device and/or in your personal iCloud storage. You may have rights under applicable local privacy laws; please see our Privacy Policy for details.
- GOVERNING LAW AND JURISDICTION
For users in the United Arab Emirates, these Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates. For users in Saudi Arabia, these Terms shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia. For users in Qatar, these Terms shall be governed by and construed in accordance with the laws of the State of Qatar. For users in other Gulf Cooperation Council (GCC) countries, these Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates.
- LANGUAGE
In case of any discrepancy between the English version and any Arabic version, the Arabic version shall prevail where required by local law; otherwise, the English version shall prevail.
TERMS FOR CHINA MAINLAND
For users in China mainland, the following terms apply in addition to or in replacement of the terms above:
- USER RESPONSIBILITIES
Users explicitly agree not to:
- Use the App in any manner that violates applicable Chinese laws, regulations, or public order and good morals.
- Upload, download, store, or share any content that is prohibited by Chinese law, including but not limited to content that may endanger national security, state secrets, social stability, or content that is obscene, pornographic, gambling-related, violent, or terrorist in nature.
- CONTENT COMPLIANCE
Users in China mainland acknowledge and agree that:
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The App must not be used to engage in any activities prohibited by Chinese law, including but not limited to:
- Violating the fundamental principles established in the Constitution
- Endangering national security or unity
- Damaging national reputation and interests
- Inciting discrimination between nationalities or undermining national unity
- Undermining the state’s religious policy or promoting cults and superstition
- Spreading rumors or disrupting social order
- Promoting obscenity, pornography, gambling, violence, terrorism, or criminal activities
- Insulting or defaming others or infringing upon the lawful rights and interests of others
- Conducting activities in the name of illegal civil organizations
- Any other content prohibited by laws and administrative regulations
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All user-generated content must comply with China’s Cybersecurity Law, Data Security Law, Personal Information Protection Law, and other applicable regulations.
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The App may be subject to review by relevant Chinese authorities, and the App developer will cooperate with such authorities as required by law.
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PRIVACY AND DATA SECURITY
User data is processed in compliance with applicable Chinese laws and regulations, including the Cybersecurity Law of the People’s Republic of China, the Data Security Law of the People’s Republic of China, and the Personal Information Protection Law of the People’s Republic of China.
Conversation Contents and Data Storage:
- Conversation history, attachments, and knowledge base content are stored on your device and/or in your personal iCloud storage.
- When you use AI features, content you choose to provide (and relevant context) may be sent to external language models and, depending on the tools you use, to third‑party APIs.
- App data is stored in your personal iCloud account or on your device.
We process only minimal personal information necessary to operate the service (e.g., a pseudonymous subscription/entitlement identifier) and the content you choose to send to external language models when using AI features. Conversation contents remain on your device and/or in your personal iCloud storage.
DATA LOCALIZATION AND CROSS-BORDER TRANSFER
In accordance with Chinese data localization requirements, all app data (including chat history and knowledge base content) remains on your device or in your personal iCloud account. Since we do not collect or store your personal data on our systems, no cross-border transfers of such data occur from our systems.
For the avoidance of doubt, we may process only minimal personal information necessary to operate the service (e.g., a pseudonymous subscription/entitlement identifier) and the specific text you choose to send to external language models when using AI features.
- SECURITY SAFEGUARDS
We prioritize the security of your data by keeping it exclusively on your device and in your personal iCloud account. We implement industry-standard security measures for the app itself, including:
- Encryption of sensitive data
- Access controls and authentication mechanisms
- Regular security assessments and vulnerability testing
- GOVERNMENT REQUESTS AND COMPLIANCE
In accordance with Chinese law, we may be required to comply with legally valid requests from authorities. However, since we do not collect or store your app content or personal information on our systems, we have no access to such data and therefore cannot provide it to any authorities.
- USE BY MINORS
In accordance with Chinese regulations on the protection of minors online:
- Minors under 18 years of age may only use the App with the explicit consent of a parent or legal guardian.
- Special protection measures are implemented for users under 14 years of age.
- The App implements measures to prevent addiction by minors in compliance with relevant Chinese regulations.
- Parents and guardians are encouraged to guide minors in the proper use of the App.
- DISPUTE RESOLUTION
For users in China mainland, disputes may be resolved through the following channels:
- Filing a complaint with the local consumer protection association
- Submitting the dispute to a local mediation committee
- Filing a lawsuit with the competent People’s Court
- GOVERNING LAW AND JURISDICTION
For users in China mainland, these Terms shall be governed by and construed in accordance with the laws of the People’s Republic of China.
Any disputes arising from or related to these Terms shall be submitted to the jurisdiction of the competent People’s Court where the user resides.
- LANGUAGE
In case of any discrepancy between the English version and the Chinese version, the English version shall prevail.
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