Terms and Conditions for the service CLAILA.com

ver 02/2025

1. Preliminary Provisions

(1) These terms and conditions (hereinafter “Terms”) govern the relationship between CLAILA.com s.r.o., with its registered office at Holečkova 789/49, Smíchov, 150 00 Prague 5, Czech Republic, ID: 21704368 (hereinafter “Provider” or “we”), and you (hereinafter “User” or “you”), as a user and recipient of services provided through the CLAILA.com website (hereinafter “Service”).

(2) These terms constitute “commercial terms” as defined by the applicable legal regulations

2. Service

(3) The Service integrates multiple generative artificial intelligence (AI) models, including AI chat, text generation, editing, and text processing services, image creation, design, and editing services, as well as other services that primarily utilize generative artificial intelligence.

2.1 Third Party Services

(4) The Service predominantly utilizes generative AI services, software, or other third-party products (hereinafter referred to as "Third-Party Services") and the outputs generated by these services (hereinafter referred to as "Third-Party Outputs").

(5) Third-Party Services and Third-Party Outputs are governed by their respective terms and conditions, for which the Provider assumes no responsibility. Specifically, the Provider shall not be held liable to Users for any damage or other harm that may result from the use of the Service or Content (as defined below) in a manner inconsistent with the terms applicable to Third-Party Services or Third-Party Outputs. Users are encouraged to review and adhere to such terms.

3. Access to the Service, Registration

(6) Access to and use of the Service is conditioned upon the User registering and creating a User account.

3.1 Minimum Age

(7) To use the Service and register, the User must be at least 13 years of age, or meet the minimum age required in the User's country (if higher than 13 years). If the User is under 18 years of age, hey must obtain parental consent to use the Services. Parents or guardians are encouraged to review these Terms and, if necessary, explain their content to the User.

3.2 Registration

(8) When registering and creating an account to use the Service, Users must provide accurate, truthful, and complete information. They must not share their account login details or otherwise allow access to their account by others. Users are responsible for all activities that occur under their account, including those conducted by individuals other than themselves.

(9) If a User registers (creates an account) or uses the Service on behalf of another person (e.g., their employer), they must be authorized to accept these Terms on behalf of that third party so that it is binding for that third party.

(10) By registering, the User agrees to these Terms, thereby entering into a contract with the Provider, the terms of which are set forth herein.

4. Use of the Service and Its Limitations

(11) The User is entitled to access and use the Service in accordance with the tariff selected by the User.

(12) When using the Service, the User agrees to comply with (i) all applicable laws and other generally binding legal regulations, (ii) these Terms and other conditions referred to in these Terms, and (iii) the terms applicable to third-party services or third-party outputs if they are utilized within the Service (collectively, the "Conditions of Service Use").

(13) As part of the Service, the User can enter input data, such as text, images, parts of computer code, documents, audiovisual records, or other data ("Inputs"), and based on them, receive outputs from the Service, typically in the form of text, images, documents, audiovisual records, or other data ("Outputs"). Inputs and Outputs are collectively referred to as "Content".

4.1 Rights to Inputs and Their Use

(14) The User represents and warrants that (i) they possess all necessary rights, licenses, or other permissions to provide the Input to the Service, and (ii) the provision of the Input does not contravene any legal or other generally binding regulations..

(15) By providing the Input to the Service, the User agrees that the Provider may use the Inputs for the purpose of providing, developing, and improving the Service without any restrictions (particularly with respect to time, quantity, and territory).

4.2 Rights to Outputs and Their Use

(16) In the relationship between the User and the Provider, it is understood that, to the extent permitted by applicable law, the User retains all rights to the Outputs. This does not affect any rights that providers of third-party services may have if the Outputs are considered third-party outputs, nor the rights of others if the Output includes content to which they have rights.

(17) The User acknowledges that the scope of rights (especially intellectual property rights) they have to Outputs is determined by the relevant legal regulations, which may limit or not grant such rights to the User at all.

(18) In the event of public use of the Output, the User is required to appropriately indicate that the Output was generated by artificial intelligence.

4.3 Prohibited Use of the Service and Content

(19) Users must not use the Service or Content for any illegal, harmful, or malicious activities. Users are specifically prohibited from:

(i) Using the Service or Content in a manner not compliant with generally applicable legal regulations;

(ii) Using the Service or Content in a way that threatens third-party rights or interferes with them, such as:

(a) interference with physical or mental integrity (injuring, harming, killing, etc.),

(b) invasion of personal privacy (creating spyware, monitoring people, collecting personal data, etc.),

(c) use for fraudulent and deceptive purposes;

(d) theft or destruction of property;

(e) bullying, harassment, defamation, or discrimination;

(iii) Using the Service or Content in a manner inconsistent with the legitimate interests of human society, such as:

(a) promotion of suicide or self-harm;

(b) developing weapons or banned substances (e.g., drugs),

(c) promotion of violence, hate, or criminal activity in general;

(d) promotion of forbidden or illegal ideologies;

(e) causing disorder or disturbing the peace;

(iv) Using the Service or Content for purposes requiring special permission (e.g., passing exams, obtaining certificates, licenses, certifications, etc.) or specialized knowledge, such as providing:

(a) legal services and legal advice;

(b) medical and health services or advice;

(c) financial and tax advisory services.

This does not preclude the use of the Service within reasonable and permitted limits by those authorized to engage in such activities. These individuals are entirely and solely responsible for verifying the accuracy of Outputs before sharing them with third parties or using them for other purposes.

(v) Modifying, copying, renting, selling, or distributing the Services;

(vi) Attempting to reverse-engineer, decompile, or disclose the source code or underlying components of the Service, including our models, algorithms, or systems, or assisting anyone in this process (except where this restriction is prohibited by applicable legal regulations);

(vii) Claiming Outputs as personal intellectual creations or asserting that the Output was created by a human.

4.4 Nature of Outputs and User’s Verification of Output Accuracy

(20) Due to the probabilistic nature of machine learning, the use of the Service may, in some cases, result in Outputs that are incorrect or inaccurate.

(21) When using the Service, the User acknowledges and agrees that:

(i) Outputs may not always be accurate. Users should not rely on Outputs as the sole source of verifiable or factual information or as a substitute for professional advice.

(ii) Before using or sharing Outputs, the User must assess their accuracy and suitability for the intended use and ensure their correctness and accuracy..

(22) Outputs may contain incomplete, inaccurate, misleading, or offensive information that does not represent opinions or viewpoints of the Provider.

4.5 Availability and Changes to the Service

(23) The Provider does not guarantee that the Service will be uninterrupted or error-free.

(24) The Provider further does not guarantee that the Service will be available indefinitely or for a certain minimum period in its current form. The Provider reserves the right to modify or change the Service and its scope at its discretion.

5. Price, Subscription, and Tariffs

(25) The Service is provided based on the subscription plan chosen by the User, which may be either free or paid, depending on the selected plan.

(26) The User selects their subscription plan and orders it by clicking a button (or other similar website element) labeled “Order with Payment Obligation.” This constitutes the User’s binding order for the selected plan and for the chosen subscription period (hereinafter “Subscription”), and the User agrees to pay the price set for such Subscription (hereinafter “Subscription Price”).

(27) Prior to submitting the order for Subscription, the User is allowed to check and make changes to the data entered in its order, including correcting any errors made during data entry. The total Subscription Price will be disclosed to the User before the final confirmation of the order.

(28) The Subscription is considered purchased at the moment the Provider confirms receipt of the User's order. This confirmation will summarize the order and include a link to these Terms.

(29) The User agrees to use these remote means of communication for entering into the contract. The costs incurred by the User in using remote means of communication in connection with concluding the contract (especially internet connection costs) are to be borne by the User.

(30) Users have access and can choose between the following tariffs:

(i) Free Plan: A limited form designed for occasional use of the Service and to explore what the Service offers. This plan includes a limited number of generated words/credits per day that can be used within the Service.

(ii) Paid Pro Plan: The Pro Plan is a paid plan that allows using all Service tools.

(31) The amount of the Subscription Price for a certain subscription period and the scope or limitations of the Services for individual plans are listed on the Service’s website and may be adjusted from time to time.

(32) If the Provider (i) increases the Subscription Price or (ii) limits the scope of the Service for a specific plan, it will notify Users at least 30 days in advance. The increase in the Subscription Price or limitation of the Service scope will take effect no earlier than the next Subscription renewal, allowing the User to cancel (not renew) their Subscription if they disagree with the changes.

(33) Payment of the Subscription Price for the paid Pro Plan is made via payment methods listed on the Service’s website. The Subscription Price is payable in advance and is non-refundable, except as stipulated by law or these Terms. The User must provide complete and accurate billing details, including a valid payment method for paying the Subscription Price (payment method).

(34) If the User chooses the paid Pro Plan, the Pro Plan’s Subscription will automatically renew for subsequent periods until the User cancels the Subscription. In such a case, the Subscription Price will be charged automatically via the chosen payment method at each renewal.

(35) If the User cancels their Subscription for the paid Pro Plan (i.e., terminates the use of paid Services), the Provider will switch their Subscription (account) to the Free Plan, effective at the end of the current Pro Plan Subscription period. Subsequently, the Subscription Price for the Pro Plan will no longer be charged. To avoid any doubt, the User acknowledges that between the date of cancellation of their Pro Plan Subscription and the last day of the paid Pro Plan Subscription period, no proportional part of the Subscription Price will be refunded, nor will any other compensation be provided.

(36) The Provider will refund the User a proportional part of the unconsumed Subscription Price already paid only in cases expressly provided by law or these Terms.

(37) The Provider reserves the right to suspend or terminate the User's access to the Service in case of non-payment of the Subscription Price, or to switch the Subscription (account) to the Free Plan.

5.1 Fair Use Policy for the Pro Plan

(38) Although the paid Pro Plan is designed to offer unlimited access, it is subject to a fair use policy to ensure equal access to the Service for all users. The Provider reserves the right to monitor the use of this plan, and in the event of detected abuse, such as excessive or automated use, it may limit or suspend access to certain features or services. The purpose of this policy is to ensure that the Service is available and fair for all users.

6. Suspension or Termination of Service Provision and Use

6.1 Suspension or Termination of Service by the Provider

(39) he Provider is entitled to (i) restrict or suspend the provision of the Service or (ii) completely terminate the Service in a manner deemed appropriate for the specific purpose if:

(i) The User repeatedly or grossly violates the Conditions of Service Use;

(ii) The Provider is required to do so by law or other generally binding regulations or binding court or similar decisions;

(iii) The User’s account is inactive for more than one year, and there is no associated Pro Plan Subscription;

(iv) Or in other cases stipulated by these Terms.

(40) In such cases, the Provider is particularly entitled to make User’s account inaccessible for a certain period or to close (delete) it entirely and as a result, make the Service inaccessible to the User.

(41) To the fullest extent permitted by applicable legal regulations, the Provider shall not be liable for any harm, including but not limited to damage, non-pecuniary harm, loss of profits, or any other direct or indirect losses, incurred by the User or third parties in connection with the restriction or suspension of the Service.

(42) A consumer User (see sect. (61)) is entitled to request a refund of a proportional part of the Subscription Price in the event of restriction or suspension of the Service.

(43) If the Provider believes that the conditions for restricting or suspending the Service are met, it will make reasonable efforts to inform the User in advance.

6.2 Termination of Service Use by the User

(44) The User may terminate the use of the Service at any time by cancelling their account. They can use the appropriate form available on the Service’s website to do so. If there is a Pro Plan Subscription associated with the account, the provisions of section (35) apply similarly the termination is pursuant to sections 6.2.1 or 6.2.2.

6.2.1 Termination of Service Use due to Disagreement with Changes to Terms

(45) If the User terminates the use of the Service (closes their account) due to disagreement with changes to the Terms, and there is an associated Pro Plan Subscription, the Provider will refund the User a proportional part of the Subscription Price for the period from the effective date of account or Pro Plan cancellation to the end of the subscription period.

6.2.2 User Withdrawal from the Contract in the Trial Period

(46) Within 14 days (i) from the day of the first registration (account creation) or (ii) from the day of the first Pro Plan Subscription purchase (whichever event occurs later) (hereinafter “trial period”) the User is entitled to withdraw from the contract by cancelling their account or cancelling the Pro Plan Subscription. In such a case, the User should contact the Provider, using the form available here.

(47) If a non-consumer User withdraws from the contract during the trial period, the Provider will refund the User the unconsumed part of the Subscription Price (i.e., a proportional part for the period from the effective date of account or Pro Plan cancellation to the end of the subscription period).

(48) If a consumer User withdraws from the contract during the trial period, the Provider will refund the User the entire Subscription Price.

(49) Information about the right to withdraw during the trial period will be clearly communicated to the consumer User before they finalize their registration and before they make a purchase of the Pro Plan Subscription.

7. Responsibility and Its Limitation

(50) The User acknowledges that they use the Service at their own risk and that the Provider is not responsible for the accuracy or quality of the Content, particularly the Outputs.

(51) The User is responsible for the use of the Service and any use of the Content.

(52) Unless otherwise stated in these Terms, the Provider is not responsible for interruptions or unavailability of the Service or for limitations of its functionality.

(53) To the fullest extent permitted by applicable legal regulations, the Provider shall not be liable to the User for any damage or other harm resulting from the operation of the Service by the Provider or its use by the User.

(54) The User agrees to indemnify, defend, and hold harmless the Provider from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to the User's violation of the Conditions of Service Use. Damage is specifically considered to have occurred if the Provider is definitively ordered to pay monetary compensation to a third party as a result of, or in connection with, the User's action or omission that violated the Conditions of Service Use. In such an event, the User is obligated to compensate the Provider for damages in an amount no less than the sum the Provider is required to pay pursuant to the decision, plus the Provider's legal expenses and any other reasonably incurred costs.

8. Protection of Personal Data

(55) The Provider commits to protecting the User’s personal data in compliance with applicable legal regulations. User’s personal data is subject to data protection principles as set forth in a separate document Privacy Policy.

9. Changes to Terms

(56) The Provider reserves the right to change these Terms at any time. Users will be notified of changes via the Service’s website and by e-mail, at least 30 days in advance. By continuing to use the Service after changes to the Terms, the user indicates and expresses their acceptance of the new Terms

(57) If the User does not agree with the new Terms, they must cease using the Service and cancel their account.

10. Final Provisions

(58) Unless stated otherwise in these Terms, all communication between the User and the Provider shall be conducted via email or through the designated contact form available on the Service's website.

(59) The User acknowledges and agrees that the Provider may transfer its rights and obligations under these Terms or in connection with the provision of the Service to any third party without restriction.

(60) A User is considered a consumer (“consumer User”) if they are not acting within the scope of their trade, business, or professional activity when entering into the contract for using the Service.

(61) Users may have certain legal rights that cannot be restricted or excluded by contract (such as these Terms), particularly where they qualify as consumer Users. These Terms do not intend to exclude or limit such rights.

(62) These Terms and the contractual relationship between the User and the Provider are governed by the laws of the Czech Republic, unless mandatory legal provisions require the application of another legal system for consumer Users.

(63) Any disputes arising (i) from these Terms and the contractual relationship between the User and the Provider or (ii) from the provision of the Service shall be resolved by the competent courts of the Czech Republic. Depending on the subject matter jurisdiction, disputes shall be handled either by the District Court for Prague 4 or the City Court in Prague, unless a consumer User has a legally inalienable right to choose a court in another jurisdiction.

(64) A consumer User has the right to seek an out-of-court resolution of disputes. The Czech Trade Inspection Authority, registered at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20869, website: www.coi.cz, is competent to handle out-of-court consumer disputes arising from the contract.

(65) Should any provision of these Terms be found invalid or unenforceable, the remaining provisions shall remain valid and effective.

(66) These Terms may be available in multiple language versions. In the event of any discrepancies between language versions, the English version shall prevail.

(67) The current version of the Terms is always available on the Service’s website.

(68) These Terms are valid and effective from February 1, 2025.

If you have any questions regarding these terms and conditions, contact us via the contact form.