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Effective Date: 26.02.2024
Please read these terms and conditions carefully before using our software and website www.mycleverai.com (referred to collectively as the “Service”, “Services”, “MyCleverAI” in this document) which is operated by Advanced AI s.r.o. (referred to collectively as the "Company", "us", "we", or "our") whose principal place of business is in Prague, Příčná 1892/4, postal code 120 00, Czech Republic.
By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you may not use the Service.
You may not use the Services and may not accept the Terms if (A) you are not of legal age to form a binding contract; or (B) when contracting on behalf of an entity, you are not authorized to legally bind your company or organization to such terms; or (C) you are a person or entity barred from receiving the Services under the laws of the Czech Republic or other countries including the country in which you are resident or from which you use the Services.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes.
The licence granted in this section is for the sole purpose of enabling you (end-users within your organization) to use and enjoy the benefit of the Services as provided by the Company, in the manner permitted by the Terms. You acknowledge that this is a SaaS (Software as a Service) agreement and that (i) the software is not sold, and (ii) we will not be delivering copies of the software to you as part of the Services.
To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
We take the security and privacy of your data seriously. Please refer to our Privacy Policy for details on how we collect, use, and protect your information.
MyCleverAI is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which the Company provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that the Company may permanently or temporarily stop providing the Services (or any features within the Services) to you or to users generally at our sole discretion, without prior notice to you.
You agree to use the Services only for purposes that are permitted by (A) the Terms; (B) any applicable law, regulation, generally accepted practices, or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the EU, the United States or other relevant countries).
You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which we or third parties may incur and including any other legal liability, whether liability under civil, commercial, tort, penal or administrative law or any other legal theory) by doing so. You may not use the Services to intentionally transmit or make public infringing, libelous, or otherwise unlawful or tortious Content or to store, transmit or make public any Content in violation of third party’s intellectual property or similar rights. You shall indemnify and hold the Company harmless from all claims and all liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by the Company as a result of or in connection with your breach of any third party’s intellectual property or similar rights.
We do not guarantee the accuracy, completeness, or reliability of content generated by our AI tools.
As AI is innovative technology and we have limited control over the output, users acknowledge and agree that they are solely responsible for any consequences arising from their use of our AI tools and use of the content generated by our AI tools, including but not limited to legal liabilities.
You agree not to:
a) Use the Service for any illegal or unauthorized purpose.
b) Attempt to gain unauthorized access to our systems or networks.
c) Interfere with the proper working of the Service.
d) Reverse engineer or attempt to extract the source code of the Service.
7.1 Subscription Basis:
a) By opting for a subscription plan, where available, you agree to pay the recurring fees associated with the selected plan, no matter how much or if you use the service. The billing cycle, amount, and frequency of payments will be clearly specified on our pricing page.
b) Payments for subscription plans are due in advance of the service period. The initial payment will be charged upon subscription activation, and subsequent payments will be automatically charged according to the chosen billing cycle.
c) For users eligible for invoice-based payments, invoices will be issued in advance of the service period, and payment must be received by the due date specified on the invoice.
d) You have the option to cancel your subscription at any time. To cancel, you must follow the cancellation procedures outlined on our platform. Cancellation requests must be submitted prior to the next billing cycle to avoid additional charges. Cancellation is effective for the next billing period and does not affect the ongoing period for which payment has already been processed.
e) Failure to make timely payments may result in the suspension or termination of your access to the Service. In the event of suspension, access will be restored upon payment of outstanding fees.
All fees and charges are exclusive of any applicable value-added tax (VAT) or other taxes. If applicable, VAT or other taxes will be added to the total amount payable by you.
If you have any complaints or disputes regarding our service, including issues related to billing, privacy, or service quality, please contact us at hello@mycleverai.com.
We are committed to resolving any issues promptly and fairly in accordance with applicable EU consumer protection laws.
European Union and UK law allows customers to cancel a software contract, meaning they can return the software and get a refund. However, this is excluded in most cases for digitally delivered software after it has become available to the end user. The latter situation applies specifically to purchases made through MyCleverAI, where the legal right of withdrawal ends 14 days after you buy the product/service or when you first start using/spending/downloading the product/service you bought (whichever is sooner).
You are being hereby notified that the Czech Trade Inspection Authority has been the entity ensuring alternative dispute resolution for consumer disputes (ADR). The aim of the ADR scheme is to facilitate an amicable settlement of a dispute and reach agreements for both parties. ADR deals with disputes between consumers and vendors residing or permanently based in any country of the European Union. Consumers can initiate an ADR procedure within the period of 1 year after the first claim is made against the vendor. When initiating an ADR procedure it is necessary to prove that an unsuccessful attempt to resolve the claim was made. The particular dispute shall not be already decided by a court or any other ADR entity. No fee is required within the ADR procedure. ADR is a notified entity of out-of-court resolution of consumer disputes listed by the European Commission.
All rights, title, and interest in and to the Service, including all associated intellectual property rights, are owned by the Company.
You acknowledge that the Services may contain information which is designated confidential by the Company and that you shall not disclose such information without our prior written consent.
Unless you have been expressly authorised to do so in writing by the Company, you agree that in connection with the Services, you will not use any trade mark, service mark, trade name, logo of any third party company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
Unless you have been expressly authorised to do so in writing by the Company, nothing in the Terms gives you a right to use any our trade names, trademarks, service marks, logos, domain names and any other distinctive brand features.
We reserve the right to terminate or suspend your access to the Service at any time without prior notice, for any reason, or for no reason, including but not limited to your breach of these Terms.
The Service is provided "as is", "with all faults" and "as available". To the maximum extent permitted by law, the company disclaims all warranties and conditions implied by statute, common law, case law or other legal theory, including, but not limited to, implied warranties or conditions of non-infringement, title, fitness for a particular purpose.
The Company does not warrant to you that (A) your use of the Services will meet your requirements; (B) your use of the Services will be uninterrupted, timely, secure or free from error; (C) any information obtained by you as a result of your use of the Services will be accurate or reliable; and (D) that defects in the operation or functionality of any software used to provide the Services will be corrected.
The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, except for matters which may not otherwise be restricted or excluded by law.
To the maximum extent permitted by law, the aggregate liability of the Company to you or any third party for any loss or damage arising out of or in connection with any service, subcription or this agreement shall in no event exceed the greaters of (i) the sum of five U.S. dollars ($5.00), and (ii) the amount paid by you for the last 3 three months before the occurrence of MyCleverAI’s liability.
You agree to indemnify and absolve Company, its officers, employees, and agents from any claims or demands made by third parties resulting from (a) your use of the Website, (b) your breach of these Terms, (c) your infringement of applicable laws or regulations, and (d) your user content.
The official language of these Terms and all communications between you and us shall be English. In the event of any inconsistency or discrepancy between the English version and any translated version of these Terms, the English version shall prevail.
We reserve the right to modify or replace these Terms at any time. Your continued use of the Service after any such changes constitute your acceptance of the new Terms.
These Terms and any disputes arising under or in connection with them shall be governed by and construed in accordance with the laws of the Czech Republic. You agree that any legal action or proceeding between us and you for any purpose concerning these Terms or the obligations hereunder shall be brought exclusively in a court of competent jurisdiction in the Czech Republic.
You agree to use the Service in compliance with all applicable Czech laws and regulations. We are not responsible for your failure to comply with any local laws or regulations.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
By using Website, you agree to these Terms. If you have any questions or concerns, please contact us at hello@mycleverai.com.