Terms of Use

Last Updated 31.07.2023

1. General provisions

These Terms of Use (the “Agreement”) including all the documents mentioned in it and expressly incorporated herein by means of reference constitute a legally binding agreement concluded between you as an individual person (“you”, “your”, the “user”) and Fun Ideas Limited (“we,” “us”, “our”, “Company”) regarding your accessing and using of the Eureka application (the “Application”).

Please read this Agreement carefully before you use the Application. By downloading, installing or using the Application you confirm that you have read, understood, accepted and agree to abide by the Agreement. If you do not agree to any of the provisions of this Agreement, you must immediately stop using and remove the Application from any device that you possess.

The Company reserves the right to update, change or modify any part of this Agreement at any time for any reason without any specific notification for you regarding these changes. You agree to periodically review this Agreement to stay informed about the changes. By continuing to use the Application you confirm that you are aware of and have accepted the updated Agreement.

2. Using of our application

You must be at least eighteen (18) years old to download, install or use our Application. Individuals under the age of majority (18 or any other age deemed the age of majority under relevant jurisdiction) must have permission from their parents or guardians to use the Application. If you are a minor and wish to access and use our Application you must preliminarily confirm that your parent or guardian have read and agreed to this Agreement and that your parent or guardian have the power to enter into a binding contract with us. Parents and guardians are solely responsible for any use of the Application by minors.

With continued use of our Application you affirm that you are at least 18 years old or possess legal consent from your parent or guardian, and so are fully able to comply with all the terms, obligations and warranties stipulated in this Agreement.

3. Application

Our Application is designed and developed for entertainment purposes. The Application is based on Artificial Intelligence (AI) language models and allows users to chat with the AI, ask questions and receive answers.

The Application is intended for your personal and non-commercial use only. You must not use the Application for any purpose other than mentioned above.

4. Privacy policy

We prioritise your privacy, therefore we have formulated the Privacy Policy to explain how we collect, process and store personal data. The use of the Application is subject to the Privacy Policy. By using the Application you agree to the Privacy Policy including the ways we process your information in accordance with the relevant legal framework. We reserve the right to update, change or modify any part of the Privacy Policy at any time for any reason. You must discontinue using our Application if you do not agree to any part of the Privacy Policy. Please read carefully our Privacy Policy.

5. Licence agreement

By accessing and using the Application, you acknowledge and agree to comply with our intellectual property rights, which include the Application's source code, UI/UX design, content material, copyright, and trademarks. These intellectual property rights, collectively referred to as "Intellectual Property Rights," are protected by applicable laws and regulations. Furthermore, you agree to respect the intellectual property rights owned by third parties.

For as long as you continue to use the Application, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, and revocable right to access and use the Application in accordance with the terms of this Agreement. This grant of this licence enables you to use the Application solely for your personal non-commercial purposes.

When using the Application, you are obligated to respect the copyrighted material present within it. This includes, but is not limited to, the source code, design, and content, which encompass various forms such as information, photographs, illustrations, artwork, graphic materials, sounds, music, and videos. These works, collectively referred to as the "works," as well as names, logos, and trademarks, referred to as "means of individualization," are protected by copyright laws and other relevant laws and belong to us, our partners, or contracted third parties, if applicable.

Unless expressly permitted by us, our partners, or contracted third parties, you may not copy, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, circulate or otherwise make available the works and means of individualization, either in whole or in part. Unauthorised use of these works and means of individualization may result in legal action to protect our rights.

All rights, title, and interest in and to the Application, its content, works, means of individualization, and functionalities belong exclusively to the Company, our partners, or contracted third parties, if applicable. These rights are protected by applicable international and national legal provisions and are not transferred or assigned to you in full or in part. All rights not expressly granted herein are reserved. Additionally, product and company names mentioned within the Application may be trademarks of their respective owners.

6. Use of third-party materials and tools in the app

Our Application is based on the OpenAI API (read more at https://platform.openai.com/docs/api-reference). The Application is designed for the purposes of generating User Content (hereinafter referred to as any text or other content entered and sent to the AI by means of the Application, generated by the AI, or received from the AI by means of the Application) by means of this AI, therefore by continuing to use the Application and while sharing any User Content you agree to comply with the relevant Sharing Policy (https://openai.com/policies/sharing-publication-policy). The API Service Terms are available at https://openai.com/policies/service-terms.

7. Prohibited conduct

Your use of the Application is subject to certain restrictions and obligations to ensure a safe and respectful environment for all users. You agree not to engage in any conduct that:

- is unlawful, illegal, unauthorised or infringes upon the copyrights, database rights, or trademarks of others;

- advocates, promotes, or assists in unlawful acts, such as copyright infringement or misuse.

- defames or harms the reputation of others or is or may deemed obscene or offensive;

Additionally, you are prohibited from uploading, creating, sharing, or distributing any User Content that:

- expresses or promotes hate based on identity;

- intends to harass, threaten, bully individuals or glorifies violence or celebrates the suffering or humiliation of others;

- promotes or depicts acts of self - harm, such as suicide, cutting, or eating disorders;

- seeks to arouse sexual excitement or promotes sexual services(excluding sex education and wellness);

- intended to influence the political process or for campaigning purposes;

- represents unsolicited bulk content or false or misleading content, including attempts to defraud individuals or spread disinformation;

- attempts to generate harmful software, such as ransomware or viruses;

- is illegal, defamatory, harmful, misleading, deceptive, fraudulent, indecent, hateful, offensive, obscene, pornographic, or racially or religiously biassed.

Furthermore, it is strictly prohibited to use any copyrighted or trademarked materials as input or when entering any other data while using the Application. Misuse of trademarks or any other content displayed on the Application is strictly prohibited. You are prohibited from copying, duplicating, distributing, publishing, or using any content within the Application that would violate our Intellectual Property Rights.

You are not permitted to make the Application available to third parties or modify in any manner, reverse engineer, decompile, disassemble, or create derivative works from the Application or any related documentation. Transferring, lending, renting, leasing, distributing, or using the Application to provide services to third parties, or granting any rights to the Application or its documentation to third parties, is also prohibited.

Additionally, you shall not attempt to use the Application or any part thereof for malicious purposes. Please note that we are not responsible for how you use the Application.

In the event of a violation of this Agreement, we reserve the right to take legal measures available to us under applicable laws. Any disputes arising from the usage of the Application shall be governed by and construed in accordance with the applicable laws.

8. Application compatibility

To access and use the Application, you must have a compatible mobile phone or tablet with internet access. The Application is designed for handheld mobile devices operated by iOS and Android mobile platforms.

Please note that we cannot guarantee compatibility with all hardware and software configurations that you may use. Although we strive to provide a seamless experience, we cannot warrant uninterrupted, timely, or error-free access to the Application, as external circumstances may affect the App's performance.

From time to time, we may release updates to the Application to introduce new features and services. We reserve the right to modify or update the Application and its content without prior notice. In certain cases, we may suspend access to the Application or discontinue it for an indefinite term.

When using the Application, you are responsible for providing accurate and up-to-date information. You warrant that any information you submit to us and the Application is true, accurate, and complete. It is your responsibility to keep this information current at all times. By using the Application, you agree to the terms of this Agreement, and you understand and accept the responsibilities and obligations defined herein.

9. Charges and subscription

The Application is made available to you free of charge, granting access to its basic functionality as you download it to your device.

Certain services and additional features within the Application, known as "Premium options," may require In-App Purchases, including paid subscriptions. A complete list of Premium options and their respective prices can be found on the Application’s page. During the signup process, you may have the opportunity to try these Premium options during a specified free trial period.

Following the expiration of the free trial period, a recurring subscription period will begin automatically. It is important to note that unless you cancel your subscription at least 24 hours prior to the end of the trial period, you will be charged automatically. However, even if you choose to cancel your subscription, you will still retain access to the Application’s basic features.

Various subscription options are available. Before making a purchase, you will be presented with all the necessary information regarding your subscription plan and the duration of the free trial period on the signup screen. We reserve the right to modify, terminate, or otherwise amend our subscription plans at any time. Your subscription will be automatically renewed within 24 hours prior to the expiration of the current subscription period. To disable the auto-renewal option, you can turn it off via the Application settings at least 24 hours before the current subscription ends. Payment for the subscription will be charged to you upon confirmation of purchase. Please note that you are not permitted to cancel the current subscription during the active subscription period. It is your responsibility to manage your subscriptions, and removing the Application from your device will not deactivate your subscription.

Please be aware that your communication service provider may charge you for downloading and/or accessing the Application on your mobile phone or tablet device. All charges incurred in relation to your mobile phone or tablet device are solely your responsibility.

10. Third party materials

The Application may contain links to other websites and applications operated by contracted third parties in order to provide you with certain services. These linked websites and applications are provided only for user convenience, and we have no control over and bear no responsibility for the content of these linked websites or applications (unless we are the provider of those linked websites or mobile applications).

You assert and accept full responsibility for any use of third-party websites or resources, and you assume all associated risks that may arise from such use. If you have any inquiries, concerns, or complaints about any third-party websites or applications, you must address them directly with the operator of the respective third-party website or application.

11. Warranties, liability, termination

By using the Application and its services, you acknowledge and agree that you are solely responsible for any risks associated with your use. The services and all materials, including but not limited to software and information, integrated within the Application are provided on an "as is" basis.

We cannot guarantee that the functions within the services will always be available, uninterrupted, or error-free, that any defects will be corrected, or that the services or servers used to provide the service are free from viruses or other malicious components.

We shall not be held liable for any direct, indirect, special, consequential, incidental, exemplary, or punitive damages, or for any loss of profits or revenues caused by or arising in connection with the use of the Application, related services, products including those provided by third parties through the Application. You acknowledge that we are not liable for any costs or damages arising from legal actions, whether private or governmental, in relation to your use of the Application and its services in any country.

You acknowledge and agree that your use of the Application and any content you input or generate through the Application is at your own risk. You are solely responsible for any consequences that may arise from your use of the Application including sharing or distribution of any content generated through the Application. You agree to indemnify and hold us, our successors, assigns, licensees, partners, affiliates, officers, directors, and employees harmless from any and all claims, liabilities, complaints, losses, expenses, and damages of any kind or nature that may arise from your use of the Application, any content generated through the Application, or your failure to comply with the terms of this Agreement.

If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any respect or for any reason, that provision shall be construed narrowly to the extent necessary to make it legal, valid, and enforceable. If this is not possible, the provision shall be deleted. The remaining terms of this Agreement shall continue to apply in full force and effect. You are prohibited from assigning, transferring, or attempting to assign or transfer the contract between you and us to any other person.

We retain the right to terminate this Agreement at our sole discretion, for any reason, at any time. Upon termination, the rights and licences granted to you under this Agreement will cease, and you must discontinue all use of the Application.

12. Lodging of claims

All disputes, claims, suits, causes of action, or proceedings between the parties to this Agreement related to the performance or alleged breach of this Agreement, shall be governed by and held in accordance with relevant applicable legislation.

By resolving any dispute with us or seeking relief from us, you expressly agree to waive the right to pursue or participate in any form of class action lawsuits or proceedings.

If any dispute or claim arises related to the Application or this Agreement, you and we agree to send a written notice to each other with a reasonable description of the dispute and a proposed resolution. The notice should be sent using the most recent contact information. For a period of sixty (60) days from the date of receiving notice from the other party, we will engage in a dialogue in an attempt to resolve the dispute. However, neither party is required to resolve the dispute on terms that they are uncomfortable with, as determined in their sole discretion.

13. Contact information

In case you have any questions regarding this Agreement or the Application, please contact us at [email protected].