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 are commercial terms within the meaning of the relevant regulations.

2. Service

(3) The service combines various generative artificial intelligence (AI) models such as AI chat, text generation, editing, and text processing services in general, image creation, design, and editing services, and other services primarily using generative artificial intelligence.

2.1 Third Party Services

(4) The Service largely uses generative AI services, software, or other third-party products (hereinafter "third-party services") and outputs from these services (hereinafter "third-party outputs").

(5) Third-party services and third-party outputs are subject to their own terms and the Provider assumes no responsibility for them. The Provider is particularly not liable to Users for any damage or other harm that may occur to them by using the Service or Content (as defined below) contrary to the terms applicable to third-party services or third-party outputs. Users are advised to familiarize themselves with such terms and comply with them.

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, parental consent is needed to use the Services, and parents or guardians should read these Terms and possibly explain their content to the User.

3.2 Registration

(8) When registering (creating an account) for using the Service, Users must provide accurate, truthful, and complete information. They must not share their account login details or otherwise make their account accessible to anyone else and are responsible for all activities occurring under their account (even if done by someone other than the User).

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

(10) By registering, the User accepts these Terms, thereby establishing a contract between the User and the Provider, the content of which is determined by these Terms.

4. Use of the Service and Its Limitations

(11) The User is entitled to access and use the Service to the extent specified by the tariff chosen by the User.

(12) When using the Service, the User agrees to comply with (i) all applicable laws and other generally applicable legal regulations, (ii) these Terms and other conditions referred to in these Terms, and (iii) conditions applicable to third-party services or third-party outputs if they use them within the Service (hereinafter "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, usually again in the form of text, images, documents, audiovisual records, or other data ("Outputs"). Inputs and Outputs are collectively called "Content".

4.1 Rights to Inputs and Their Use

(14) The User declares and guarantees that (i) they have all rights, licenses, or other permissions required to provide the Input to the Service and that (ii) providing the Input does not violate 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 (especially time, quantity, and territorial) restrictions.

4.2 Rights to Outputs and Their Use

(16) In the relationship between the User and Provider, it is considered that to the extent permitted by applicable law, the User has all rights to the Outputs. This does not affect any rights that service providers of third-party services may have if the Outputs constitute third-party outputs, or the rights of others if the Output includes content to which they have rights.

(17) The User acknowledges that the range of rights (especially intellectual property rights) the User has to Outputs arises from the relevant legal regulations and these may limit or not grant them at all to the User.

(18) In the case of public use of the Output, the User is obliged to appropriately label the Output as created 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 particularly 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 way not compliant with legitimate corporate interests, 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 generally;

(d) promoting forbidden ideologies;

(e) causing disorder;

(iv) Using the Service or Content for purposes requiring special permission (e.g., exams, 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 exclude the use of the Service within reasonable and permitted limits by those authorized to engage in such activities. These individuals are entirely 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 human-created.

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

(20) Given the probabilistic nature of machine learning, using the Service might, 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 evaluate whether they are accurate and suitable 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 forever or for a certain minimum period in its current form. The Provider reserves the right to modify or change the Service and its scope according to their discretion.

5. Price, Subscription, and Tariffs

(25) The Service is offered according to the selected subscription plan, either free or paid (i.e., depending on the selected plan, the Services are offered free of charge or for a fee).

(26) The User selects their subscription plan and orders it by confirming a button or other element labeled “Order with Payment Obligation.” This constitutes the User’s 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) Before submitting the order for Subscription, the User is allowed to check and make changes to the data entered in the order, including correcting errors made when entering data in the order. The total Subscription Price will be communicated to the User before the final confirmation of the order.

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

(29) The User agrees to use these remote means of communication when 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 borne by the User.

(30) Users have access to the following tariffs:

(i) Free Plan: A limited form designed for occasional use of the Service and to try out 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 eliminate any doubts, the User acknowledges that between the date when they cancel their Pro Plan Subscription and the last day of the paid Pro Plan Subscription period, a proportional part of the Subscription Price will not be refunded, nor will they receive any other compensation.

(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 as unlimited, 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 if abuse is detected, 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 to all users.

6. Suspension or Termination of Service Provision and Use

6.1 Suspension or Termination of Service by the Provider

(39) If:

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

(ii) The Provider is obliged 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,

The Provider is entitled (i) to restrict or suspend the provision of the Service or (ii) to completely terminate the Service, in a manner deem appropriate for the specific purpose.

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

(41) To the maximum extent permitted by applicable legal regulations, the Provider is not liable for any harm (damage, non-pecuniary harm, etc.) caused to the User or third parties in connection with the mentioned restriction or suspension of providing the Service.

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

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

6.2 Termination of Service Use by the User

(44) The User is entitled to terminate the use of the Service at any time by canceling their account. They can use the appropriate form available on the Service’s website. If there is a Pro Plan Subscription associated with the account, the provisions of section (35) apply similarly unless it is a termination under art. 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 (cancels 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 canceling their account or canceling 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 also be provided to the consumer User prior to completing their registration and prior to purchasing the Pro Plan Subscription.

7. Responsibility and Its Limitation

(50) The User agrees that they use the Service at their own risk and that the Provider is not responsible for the accuracy or quality of the Content, especially 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 maximum extent permitted by applicable legal regulations, it is considered that the Provider is not liable to the User for any damage or other harm caused by the operation of the Service by the Provider or its use by the User.

(54) The User agrees to compensate the Provider for damage caused by the User’s violation of the Conditions of Service Use. Damage is particularly considered if the Provider is definitively ordered to pay a third party a monetary compensation due to or in connection with the User’s action or omission that violated the Conditions of Service Use. In such a case, the User is obligated to compensate the Provider for damage corresponding to at least the amount the Provider is obliged to pay under the decision, increased by the Provider’s legal expenses and other reasonably incurred costs.

8. Protection of Personal Data

(55) The Provider undertakes to protect user’s personal data in accordance 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 expresses their consent with the new Terms.

(57) If the User disagrees with the new Terms, they are required to terminate the use of the Service and cancel their account.

10. Final Provisions

(58) Unless otherwise stated in these Terms, all communication between the User and the Provider will be conducted via electronic mail or using the designated contact form.

(59) The User acknowledges and agrees that the rights and obligations arising from these Terms or in connection with providing the Service may be transferred by the Provider to any third party without restriction.

(60) The User is considered a consumer if they do not act within the scope of their trade or another business 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 (like these Terms), for instance, due to having consumer status. The purpose of these Terms is not to exclude or limit these rights.

(62) These Terms and the contractual relationship (contract) between the User and the Provider are governed by the legal system of the Czech Republic unless the mandatory application of another legal system is required for a User in the position of a consumer.

(63) All disputes arising (i) from these Terms and the contractual relationship (contract) between the User and the Provider or (ii) from the provision of the Service will be resolved by the competent courts of the Czech Republic, according to the subject matter jurisdiction either the District Court for Prague 4 or the City Court in Prague, unless Users in the position of a consumer have an inalienable right to choose a court in another jurisdiction.

(64) A User who is a consumer has the right to out-of-court settlement of possible disputes. The Czech Trade Inspection, with the registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20869, website: www.coi.cz, is competent for the out-of-court settlement of consumer disputes 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 prepared in various language versions. In case of discrepancies among the 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.

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