TERMS AND CONDITIONS

Last Updated: 18 Mar 2025

These Terms and Conditions govern the relationship between the Service Provider and you as the Customer regarding use of AI Engine and providing other Services as defined hereinbelow. By using the Website, you acknowledge and agree to these Terms and Conditions and any additional agreements for the Services provided. 

Your Service Provider is: TalkonautAI OÜ, a company with registration number 16744352 located at Astangu 54-5, 13519 Tallinn, Estonia

1. DEFINITIONS

The following terms when used in these Terms and Conditions or any document referred to herein shall have the following meaning:

“Agreement” - an agreement between the Customer and the Service Provider, consisting of these Terms and Conditions, along with any related policies or operating rules published on our Website or connected to the services, constitutes the complete agreement between you and us.

“AI Engine” - a set of software belonging to the Service Provider, including but not limited to algorithms, models, and systems, developed and maintained by TalkonautAI and its affiliates that are utilized to provide the Services. The AI Engine processes the Input provided by Customers to generate Output, which may include but is not limited to data, analysis, recommendations, or other forms of content. The AI Engine is proprietary to TalkonautAI and cannot be reverse-engineered, disassembled, or otherwise manipulated except as permitted by law.

“Confidential Information” – means any information which is marked as “Confidential” or “Proprietary” or should be reasonably expected to be confidential having regard to the context of disclosure or the nature of the information; including, without prejudice to business plans, data, strategies, methods, customer and customer lists, technical specifications, transaction data and customer data shall be deemed confidential.

“Content” - "Input Data" and "Output Data" are collectively referred to as "Content."

“Customer” – the natural person who uses the Website, the AI Engine or other Services.

“Customer Support” – Service Provider’s customer support, which can be reached by sending a message through the “Contact Us” facility on the Website, in the System or by emailing the Service Provider at support@talkonautai.com or via any other means of communication provided by the Service Provider.

“Credit” - equals 1(one) request to the AI Engine.

“Input Data” - the data which the Customer puts in the AI Engine.

“Output Data” - the result of computations done by AI Engine based on the Input Data 

“Restricted Countries” - Afghanistan, Belarus, Central African Republic, Congo (Democratic Republic), Cuba, Eritrea, Guinea, Guinea-Bissau, Iran, Iraq, Lebanon, Libya, Myanmar (Burma), North Korea, Russia, Somalia, South Sudan, Sudan, Syria, Ukraine (Crimea, Donetsk, and Luhansk regions), Venezuela, Yemen, Zimbabwe, Russian Federation.

“Website” – means the Service Provider’s website https://www.talkonautai.com/ 

“Services” – means the services provided by the Service Provider under these Terms and Conditions. 

“System” – a software solution developed by the Service Provider or its partners’ solutions and used for provision of the Services.

2. SERVICE DESCRIPTION

   1. The Website provides a platform for the access to AI Engine and other Services. The AI Engine remain the property of the Service Provider and is provided as is, with no further guarantees offered beyond successful delivery. The Website reserves the right to deny service or issue a refund at its discretion.

   2. The Input Data shall remain the property of the Customer or the respective intellectual property owner. The Output Data shall remain the property of the Customer.

3. SERVICE LIMITATIONS

The use of the Services is prohibited to individuals who are under 13 years as well as for the Customers who are under the supervision of a parent or guardian. If you are above 13 years but under 18 years (or the age of legal capacity in the Customer’s area of residence) you must get permission from your parent or legal guardian, The Website is not available for use by residents of the Restricted Countries.

4. THE CONTENT

   1. Your ContentYou retain ownership of all Input Data, and Service Provider assigns to you all its rights and interests in the Output, provided that you comply with these Terms and Conditions. This means that you can use Content for any purpose, including commercial purposes, as long as you follow these Terms and Conditions. The Service Provider may use the Content to maintain and offer the Services, comply with applicable laws, and enforce our policies. You are responsible for ensuring that your Content does not violate any laws or these Terms and Conditions

   2. Content Similarity. Because of the nature of machine learning, Output Data may not be unique across all Customers, and the Services may generate the same or similar Output Data for different Customers. For example, a common question like “What color is the sky?” will likely result in the same answer for different Customers. Responses that are requested by and generated for other Customers are not considered your Content.

   3. Content Usage for Service Enhancement. We do not use Content that you provide to or receive from our AI Engine to improve our Services.

5. ORDER LIMITATIONS AND CUSTOMER RESPONSIBILITY

   1. The Website reserves the right to reject any order at its discretion, as well as limit or cancel the number of Credits purchased by a single individual, household, or order, also at its discretion. This restriction may apply to orders with the same Customer account, using the same credit card, or using the same billing and/or shipping address. In the case of order changes or cancellations, the Website may attempt to notify you through the email address or billing information provided during the order placement. Orders placed by dealers, resellers, or distributors may also be limited or prohibited, as determined by the Website.

   2. It is your responsibility to provide accurate and up-to-date information for all orders made on our Website, including complete purchase and account details. You should also ensure that your account information, such as email address and credit card information, is promptly updated to avoid any issues with transactions or communication.

   3. The Website reserves the right to verify Customer information, such as through the submission of proper documentation like an identification document, payment information, authorization to represent the Customer, or contact information like a phone number or email address. This verification process may commence upon the request of the Website and the required documentation must be submitted within one business day. Failure to provide the necessary documentation may result in denial of registration on the Website or order delivery, with a corresponding refund.

6. FEES AND PAYMENT 

   1. We have 3  Credit packages to make a purchase and use the Services:

      1. Moon: 1000 Credits - 10 Eur

      2. Earth: 10 000 Credits - 85 Eur

      3. Sun: 100 000 Credits- 750 Eur

   2. Also, we have a modern calculator, that you can check and the calculator will show you the price of your estimated request.

   3. You can pay for the Credits using your credit or debit card. The respective amount will be debited from your card at the moment you place your order and receive order confirmation.

   4. Your financial details are not stored in our System. All payment processing involving credit/debit cards is securely handled by reputable third-party payment processors.

   5. When making a payment, a commission from a certain payment system or bank may be provided. This commission shall be covered by the Customer.

   6. It is your responsibility to provide accurate and up-to-date information for all orders made on our Website, including complete purchase and account details. You should also ensure that your account information, such as email address and credit card information, is promptly updated to avoid any issues with transactions or communication.You are responsible for ensuring that all information provided for orders on our Website is accurate and current, including complete purchase and account details.  Please update your account information, such as email address and credit card details, promptly to avoid issues with transactions or communications.

   7. All payments for the Credits are initiated by the Service Provider.

7. REFUND AND CANCELLATION POLICY

   1. Requests for refunds must be submitted by emailing us at Customer Support email and providing the following information:

      1. Full name of the purchaser

      2. Order/invoice number

      3. Date of purchase

      4. Reason for requesting a refund

   2. Refund requests must be made within 14 days from the date of purchase. Refunds will be processed within 30 business days of receiving a valid refund request.

   3. Refund Eligibility. Refunds will only be considered under the following circumstances:

      1. Technical issues prevent the proper use of the Service, and our support team cannot resolve these issues within a reasonable time frame.

      2. The Service was not delivered or made accessible to the Customer

   4. Refunds will not be provided in the following cases:

      1. The Customer changes their mind or no longer wants the product or service.

      2. The Customer provides incorrect or incomplete information resulting in the inability to deliver the Service.

      3. The Customer violates these Terms and Conditions and usage policies of the Service Provider.

8. LIMITATION OF LIABILITY

   1. The Service Provider, its affiliates, representatives, directors, employees, suppliers, and licensors are not liable for any damages arising from the use of the Website, its content, or materials accessible through the Website. This includes damages caused by errors, omissions, interruptions, deletion of files or emails, bugs, viruses, delays in operation or transmission, or any failure of performance, regardless of the cause. This applies to damages caused by events beyond the Service Provider's reasonable control, such as natural disasters, telecommunication failures, war, terrorism, strikes, government actions, and unauthorized access to the Service Provider's systems.

   2. Customers shall not be entitled to claim any indirect, special, incidental, consequential, punitive, or exemplary losses, including but not limited to damages for loss of goodwill, lost profits, theft or corruption of user information, inability to use the website, or any defamation, offensive or unlawful activities by any third party.

   3. The sole remedy available to the Customer is to discontinue the use of the Website. The Service Provider its affiliates, agents, directors, employees, suppliers, or licensors shall not be held responsible for any personal injury or property damage arising from access to or use of the Website, any unauthorized access to or use of our secure servers and/or personal information stored therein, or any Customer content.

   4. Under no circumstances shall the total liability of the Service Provider, its affiliates, agents, directors, employees, suppliers, or licensors exceed the amount paid to the Service Provider or its affiliates by the respective Customer. This limitation of liability applies regardless of the basis of the alleged liability, whether it is based on contract, tort, negligence, strict liability, or any other basis, and even if the Service Provider has been advised of the possibility of such harm.

9. CUSTOMER’S OBLIGATIONS

   1. You agree to defend and hold the Website, the Service Provider and its owners and employees harmless from any claims or demands made by a third party due to your breach of These Terms or any terms referenced, or your violation of any laws or rights of a third party. If legal action is taken to enforce the terms of these terms, the Service Provider shall be entitled to recover all costs and fees related to the legal action, in addition to any other compensation granted by the court, if it is determined by a final verdict of a competent court that the Service Provider is the prevailing party.

   2. Additionally, you must not (i) employ the Services in a manner that violates, misappropriates, or infringes upon anyone's rights; (ii) reverse engineer, disassemble, decompile, translate, or attempt to uncover the source code or underlying elements of models, algorithms, and systems within the Services (unless such restrictions are against the law); (iii) utilize the output from the Services to create models that rival the AI Engine; (iv) extract data or output from the Services through automated or programmatic methods including scraping, web harvesting, or data extraction, unless permitted through the AI Engine; (v) falsely claim that the Services’ output was generated by humans when it was not or otherwise infringe upon our Terms and Conditions; (vi) trade, purchase or distribute AI Engine access keys without our previous consent, or (vii) forward any personal information of minors below the age of 13 or the applicable age for digital consent. You must also comply with any rate limits and other requirements outlined in our documentation. Services must only be used in locations currently supported by the Service Provide. The Service Provider reserves the right to terminate the use of the Website if any of these restrictions are violated.

10. TERMINATION AND SUSPENSION OF SERVICES

    1. Termination. You may close your account and stop using the Services at any time. The Service Provider may also terminate or suspend your access to the Services if you do not comply with these Terms and Conditions or if the Service Provider is investigating suspected misconduct.

    2. Effect of Termination. Upon termination, you will lose the right to access or use the Services. You are required to delete all the Content and data retrieved through the Services. The Service Provider may also delete your account data as part of its data retention policy.

11. PERSONAL DATA

    1. The Service Provider will use and process personal data held and provided by Customer or third parties to provide services to the Customer, improve quality of Services, obey laws and regulations, exercise its legitimate interests, and other purposes, including those specified in the Privacy Policy.

12. INFORMATION ACCURACY AND AMENDMENTS

    1. It is possible that the information on our site or within the Service may contain typographical errors, inaccuracies, or omissions in regard to product descriptions, pricing, promotions, shipping charges, transit times, and availability. The Website reserves the right to correct any inaccuracies, errors, or omissions and to update or change information, or cancel orders as needed, without prior notice, even after the order has been submitted.

    2. The Service Provider can change these Terms and Conditions at any time. They can also add, remove, or change Website content, or shut down the Website. If there are changes to the Terms and Conditions, we will post a revised version on the Website. Please check for updates regularly. Your continued use of the Website and access to the Services after any changes have been posted to the Terms and Conditions will be considered as your acceptance of those modifications.

13. CONFIDENTIALITY

    1. Both parties agree to limit their use of each other's Confidential Information to only what is explicitly permitted by these Terms and Conditions or by explicit authorization. Both parties agree to maintain the confidentiality of the other party's information and not to disclose it to any third parties.

    2. The commercial terms including but not limited to pricing, dates, and deliverables, shall be treated as Confidential Information by the other party. No reference to commercial terms should be made in any public statement or press release without prior consultation with the other party. There are exceptions to this confidentiality clause, including, but not limited to: (i) disclosures required by law, with sufficient notice to the other party for them to seek a protective order; (ii) disclosures made to legal counsel, with the obligation to maintain confidentiality with the same degree of care as other confidential information; (iii) disclosures made in connection with an initial public offering or securities filing, provided confidential treatment is sought as appropriate; (iv) disclosures to accountants, banks, financing sources, and their advisors, with the obligation to maintain confidentiality with the same degree of care as other confidential information; (v) disclosures made in connection with a merger or acquisition, provided confidential treatment is sought as appropriate and the recipient is informed of their obligation to maintain confidentiality with the same degree of care as other confidential information.

14. APPLICABLE LAW & REGULATIONS, DISPUTE RESOLUTION

    1. These Terms and Conditions are governed by the laws of Estonia. 

    2. We aim to resolve disputes promptly and fairly. If you have a concern, please contact our Customer Support email. If unresolved, formal complaints can be submitted to our respective office addresses, including your contact details, a description of the issue, and relevant documents.

    3. Unresolved disputes shall be first put to mediation, with costs shared equally. If further resolution is needed, the courts of Estonia shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or its subject matter or formation (including non-contractual disputes or claims).

    4. This process does not limit either party’s right to seek immediate legal relief in urgent cases, such as intellectual property violations.