Terms of Service

2. Service Description

The FragDasPDF App offers the following features:

• Chat functionality with PDF documents using artificial intelligence
• Automatic generation of summaries
• Support for literature research
• AI-powered text writing

All features are based on artificial intelligence. The quality and accuracy of results cannot be guaranteed.

3. Liability and Indemnification

3.1 Indemnification

The user agrees to indemnify and hold harmless the Operator and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees from any claims or demands - including but not limited to attorney's fees and costs - made by third parties due to or arising from culpable violations of these Terms of Service, third party rights, or legal provisions by the user or their affiliated companies, officers, directors, agents, co-branders, partners, and employees to the extent permitted by law.

3.2 Limitation of Liability

Unless expressly stated otherwise and subject to mandatory statutory provisions, users have no right to claim damages against the Operator (or any natural or legal person acting on its behalf).

This does not apply to:

• Damages to life, health, or physical integrity
• Damages resulting from the breach of essential contractual obligations that are necessary for achieving the purpose of the contract
• Damages caused by intent or gross negligence

Unless damages are caused by intent or gross negligence or affect life, health, or physical integrity, the Operator is only liable to the extent of typical and foreseeable damages at the time of contract conclusion.

3.3 Exclusions of Liability

In particular, the Operator is not liable for:

• Losses that are not directly related to a breach of these Terms of Service by the Operator
• Business losses and other indirect damages of the user (such as trade losses, revenue losses, income losses, lost profits, loss of contracts or business relationships, loss of reputation or goodwill)
• Damages or losses resulting from interruptions or failures of the application due to higher force or unforeseen events outside the control of the Operator, such as:
  • Failures of telephone or power lines
  • Internet outages
  • Unavailability of websites
  • Strikes
  • Natural disasters
  • Viruses and cyber attacks
  • Interruptions in the provision of products or services by third parties
• Damages or losses resulting from viruses or other harmful software in or in connection with files that can be downloaded from the Internet or this application. Users are responsible for ensuring adequate security measures, such as:
  • Installing antivirus programs and firewalls
  • Preventing infections or attacks
  • Safeguarding all data or information that is exchanged or uploaded over this application
• Data losses of any kind, including:
  • Loss or damage of uploaded PDFs
  • Loss of generated content and chat logs
  • Loss of data due to technical failures
  The user is responsible for regularly safeguarding their data.

4. Payment Terms and Refund

The use of the App may be subject to payment. The current prices are visible in the App.

Refunds for purchases made are generally excluded. This applies in particular to:

• Already used credits or features
• Unsatisfaction with the AI-generated results
• Technical problems that are outside our control

5. Data Protection and Security

The user is responsible for securing their data. The Operator cannot guarantee that:

• Uploaded PDFs are permanently stored
• Generated content and chats are permanently available
• No data losses occur

Detailed information on handling your data can be found in our Privacy Policy.

6. Use Rights

The user may only use the App within the intended functions. In particular, it is prohibited:

• Manipulating or hacking the App
• Using the App for illegal purposes
• Uploading copyrighted content without permission
• Representing generated content as guaranteed correct

7. Prohibited Activities

You may only access or use the Services for the purpose for which we provide them.

As a user of the Services, you agree to refrain from:

7.1 Unauthorized Use of PDFs

• Uploading, sharing, distributing, or otherwise using PDF files for which you do not have the necessary rights, permissions, or licenses
• This includes copyrighted material, business secrets, and confidential documents, to which you are not expressly authorized to access or distribute

7.2 Academic Integrity

• Any activity that represents academic dishonesty, including but not limited to cheating, plagiarism, or other forms of academic misconduct
• This includes using our Services for:
  • Providing unauthorized assistance or materials
  • Providing or obtaining unauthorized assistance for academic tasks or exams
  • Submitting works or content that are not your own original creation
• In case of violations, we reserve the right to:
  • Immediately terminate your access to our Service
  • Report violations to relevant educational institutions, authorities, or other parties

7.3 Technical Restrictions

• Systematic retrieval of data or other content from the Services for the creation of collections, databases, or directories without our prior written consent
• Circumvention, deactivation, or disruption of security functions of the Services
• Automated use of the system, such as scripts or data-mining tools
• Copying or adapting the Service software
• Reverse engineering the software

7.4 Misuse and Harmful Behavior

• Misrepresentation, fraud, or deception of us or other users
• Harassment, misuse, or harm to other individuals
• Misuse of our support services
• Uploading or transmitting viruses, Trojans, or other harmful materials
• Disturbing or excessive burden of the Services or connected networks
• Harassment, intimidation, or threat to our employees

7.5 API Usage

The use of our API is subject to these Terms of Service and must be done responsibly and in accordance with the intended purpose and functionality. We reserve the right to monitor and verify your API usage.

The API must not be used in a way that exceeds the scope of the commercially permitted use we have expressly allowed.

8. Minors and Capacity

The use of the App requires capacity. Minors under 18 years of age require the consent of their legal representatives.

9. Contract Duration and Termination

The Operator reserves the right to suspend or delete user accounts in case of violations against these Terms of Service without prior notice. Already paid fees will not be refunded.

10. Right of Withdrawal

Since it is digital content, the right of withdrawal expires with the beginning of contract execution. The user expressly agrees that with the provision of digital content, the withdrawal period has begun.

11. Dispute Resolution

The European Commission provides an online dispute resolution platform (OS) that you can find under https://ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer dispute resolution body.

12. Intellectual Property Rights

12.1 Our Intellectual Property

We are owners or licensees of all intellectual property rights in our Services, including the entire source code, databases, functionalities, software, website designs, audio, video, text, photos, and graphics in the Services (collectively the "Content") as well as the trademarks, service marks, and logos in the Services.

Our Content and trademarks are protected by copyright and trademark laws (as well as various other laws for intellectual property and unfair competition) and international agreements.

The Content and trademarks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purposes.

12.2 Your Use of Our Services

Subject to your compliance with these Terms of Service, including the "PROHIBITED ACTIVITIES" section, we grant you a non-exclusive, non-transferable, revocable license to:

• Use the Services
• Download or print a copy of any part of the Content that you have been granted access to, exclusively for your personal, non-commercial use or internal business purposes

Additionally, we recognize the unique value that our API can provide for businesses. Therefore, we grant you a non-exclusive, non-transferable, revocable license to use our API for your commercial purposes, subject to the condition that this use complies with the "PROHIBITED ACTIVITIES" section or other parts of these Terms of Service. This license allows you to integrate our Services into your business processes and offerings, provided that this use does not violate the "PROHIBITED ACTIVITIES" section or other parts of these Terms of Service.

12.3 Restrictions

Except as expressly provided in this section or elsewhere in our Terms of Service, no part of the Services or any Content or trademark may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, coded, translated, transmitted, distributed, sold, licensed, or otherwise used for commercial purposes without our express prior written consent.

12.4 Your Submissions and Contributions

You are responsible for your submissions and contributions. By sending or posting submissions and/or contributions:

• You confirm that you have read and understood our "PROHIBITED ACTIVITIES" and will not publish illegal, harassing, hateful, harmful, defamatory, obscene, offensive, malicious, discriminatory, or threatening content
• You waive all moral rights in such submissions and/or contributions to the extent permitted by law
• You guarantee that these submissions and/or contributions are your own or that you have the necessary rights and licenses
• You guarantee that your submissions and/or contributions do not contain confidential information

12.5 Removal of Content

Although we are not obligated to monitor content, we reserve the right to remove or edit content at any time without prior notice if we deem it harmful or as a violation of these Terms of Service. In the event of removal or editing of such content, we may also suspend or deactivate your account and report you to the authorities.

12.6 Copyright Infringements

We respect the intellectual property rights of others. If you believe that material available through the Services infringes your or someone else's copyright, please contact us immediately at hello@heyqq.app.

13. Account Registration and Management

13.1 Registration

To use the Services, users must create a user account and provide all required data and information completely and truthfully. Failure to do so may prevent the user from using the Service.

13.2 Account Security

Users are responsible for the confidentiality and security of their login credentials. They are required to choose passwords that meet the highest security standards allowed by this application.

By registering, users agree to take full responsibility for all activities that occur under their username and password.

In case of suspicion of violation, unauthorized disclosure, or theft of their personal information, including but not limited to user accounts, login credentials, or personal data, users must notify the Operator immediately and clearly via the contact information provided in this document.

13.3 Account Registration Conditions

The following conditions apply for registering user accounts:

• Registration of accounts by bots or other automated methods is not permitted
• Each user may only register one account, unless otherwise specified
• A user account must not be shared with others, unless expressly allowed

13.4 Account Termination

Users may terminate their account and end the use of the Service by:

• Using the tools provided in the application for account termination
• Direct contact with the Operator via the contact information provided in this document

13.5 Account Suspension and Deletion

The Operator reserves the right, at its discretion, to suspend or delete user accounts that it considers inappropriate, offensive, or as a violation of these Terms of Service.

The suspension or deletion of user accounts does not entitle users to claims for compensation, damages, or refund.

The suspension or deletion of accounts due to reasons attributable to the user does not exempt the user from paying incurred fees or prices.

14. Application Content

14.1 Ownership of Content

Unless otherwise specified or clearly indicated, all content available in this application is owned by the Operator or its licensees.

The Operator makes every effort to ensure that the provided content does not infringe applicable laws or rights of third parties. However, this cannot always be guaranteed. In such cases, users are requested to report such infringements via the contact information provided in this document.

14.2 Rights in Content - All Rights Reserved

The Operator reserves all intellectual property rights in all Content.

Users may only use this Content for the intended use of the Services. In particular, it is prohibited for users:

• Copying, downloading, or sharing Content (beyond the expressly allowed limits)
• Modifying, translating, or altering Content
• Publishing, transmitting, or selling Content
• Licensing or transferring Content to third parties
• Creating derivative works from the Content
• Allowing third parties to perform such actions

14.3 User-Provided Content

Users may upload and share their own content in the application. By providing content, users confirm that they are legally entitled to do so and do not infringe any legal regulations or rights of third parties.

By providing content, users grant the Operator a non-exclusive, fully paid, and fee-free license to process this content, provided it is necessary for the operation and maintenance of the application.

Where legally permissible, users waive all moral rights in connection with the content they provide.

14.4 Liability for Provided Content

Users are solely responsible for all content they upload, post, share, or provide. The Operator does not filter or moderate this content.

The Operator reserves the right, at its discretion and without prior notice, to remove, delete, or suspend content and deny access to the application to the uploading user, if:

• Violations of these Terms of Service, third party rights, or applicable law are identified
• An infringement notice is received
• An infringement notice is received
• A notification is received
• The content poses a risk to users, third parties, or the availability of the Service

The removal, deletion, or suspension of content does not entitle users to claims for compensation, damages, or refund.

Users agree to release the Operator and its affiliates, subsidiaries, officers, directors, agents, co-branders, partners, and employees from all claims and damages arising from content they have provided.

14.5 Removal of Content from App Store

If reported content is deemed offensive, it will be removed within 24 hours, and the user who provided the content will be prohibited from using the Service.

15. Software License

15.1 Intellectual Property Rights

All intellectual and commercial protection rights as well as all other exclusive rights to the software or technical applications embedded in this application or in connection with it lie with the Operator and/or its licensees.

15.2 License Grant

Subject to your compliance with these Terms of Service, the Operator grants you a revocable, non-exclusive, non-sub-licensed, and non-transferable license to use the software and/or other technical means embedded in the Service solely for the purposes of this application and the offered Service.

15.3 Restrictions

This license does not grant you any rights to:

• Access the original source code
• Use or disclose the source code
• Access technical techniques, algorithms, and methods of the software

All technical techniques, algorithms, and methods contained in the software as well as the associated documentation are exclusively owned by the Operator or its licensees.

15.4 Termination

All rights and license grants to you expire automatically upon termination or expiration of the agreement.

15.5 Use on Devices

Under this license, you may download, install, use, and run the software on an unlimited number of devices, provided they meet the usual and current technological and market standards.

However, simultaneous use of the software on more than one device may be prohibited.

15.6 Updates and Developments

The Operator reserves the right to publish updates, error corrections, and developments of this application and/or the associated software. Users may need to download and install such updates to continue using this application and/or the associated software.

For access to fully new versions or releases of the software, separate license acquisition may be required.

15.7 Deletion Obligation

Unregardless of the foregoing, you agree to delete all copies of the software after the expiration of the license under which the software was provided to you.

16. API Usage

Users can access their data in this application through the programming interface (API). Any use of the API, including use through products/services of third parties that access this application, is subject to these Terms of Service as well as the following specific conditions:

The user understands and expressly accepts that the Operator is not liable and does not bear responsibility for damages or losses resulting from the use of the API by the user or from the use of products/services of third parties that access data through the API.

17. Sales Conditions

17.1 Costly Products and Payment Processing

Some of the products offered in this application as part of the Service are costly. The applicable fees, durations, and conditions for purchasing such products are described in the corresponding sections of this application.

Payment processing is done through our Merchant of Record (MoR) Lemonsqueezy. By conducting a payment, you also accept the Terms of Service and Data Protection Policy of Lemonsqueezy. The Operator has no direct access to your payment information.

The invoicing and payment processing is done by:

Lemonsqueezy
LS Internet Services Ltd
71-75 Shelton Street
London, WC2H 9JQ
United Kingdom

For purchasing products, users must register or log in to this application.

17.2 Product Description

Prices, descriptions, and availability of products are listed in the corresponding sections of this application and may be changed without prior notice.

While products in this application are represented with the utmost technical accuracy, the representation (including graphic material, images, colors, tones) is only for reference and does not imply a guarantee for the properties of the purchased product.

The properties of the selected product are described during the purchase process.

The product offer is non-binding. To complete the purchase, users must submit a binding order. The contract comes into existence only upon acceptance of this order.

17.3 Purchase Process

The purchase process includes the following steps:

• Users must select the desired product, including quantity and specific characteristics
• Users can verify, change, remove, or add items
• Users must provide their billing address, contact information, and a payment method
• During the purchase process, users may change or cancel the purchase process without consequences at any time
• After providing all required information, users must carefully check the order and can then proceed to the checkout
• To submit the order, users must accept these Terms of Service and use the corresponding button or mechanism in this application, thereby obligating them to pay the agreed price

17.4 Order Submission

Upon submission of an order, the following applies:

• Each submitted order represents a purchase offer. Upon submission of the order, the user assumes the obligation to pay the price, taxes, and additional fees and expenses, as specified on the order page
• If the purchased product requires actions from the user, such as providing personal information or data, specifications, or special requests, the order submission obligates the user to the corresponding cooperation
• After submission of the order, users receive an incoming confirmation. Unless otherwise specified in the corresponding notification, this confirmation only indicates the receipt of the order and does not constitute acceptance of the order

18. Warranty Exclusion

18.1 General Exclusion

This application is provided "as is" and "as available". The use of the Service is at the user's own risk. The Operator expressly disclaims all conditions, warranties, and guarantees - whether express, implied, statutory, or otherwise, including but not limited to still implied guarantees of marketability, suitability for a particular purpose, or non-infringement of third party rights.

No advice or information, whether oral or written, that the user receives from the Operator or through the Service constitutes a guarantee that is not expressly set forth in these Terms of Service.

18.2 Limitations of Warranty

Without limitation of the foregoing, the Operator, its subsidiaries, affiliates, licensees, officers, directors, agents, co-branders, partners, and employees do not guarantee that:

• The content is accurate, reliable, or correct
• The Service meets the user's requirements
• The Service is available at a specific time or location, uninterrupted, or secure
• Errors or defects are corrected
• The Service is free of viruses or other harmful components

Any content downloaded or obtained through the use of the Service is done at the user's own risk. Users are solely responsible for damages to their computer system or mobile device as well as for data losses that result from such downloads or the use of the Service.

18.3 Third-Party Products

The Operator guarantees, approves, or assumes no responsibility for products or services offered by third parties through the Service or linked websites or services. The Operator is not a party and does not monitor transactions between users and third-party product or service providers.

18.4 Technical Restrictions

The Service may become inaccessible or possibly not function properly with the user's web browser, mobile device, and/or operating system. The Operator cannot be held liable for perceived or actual damages that result from the content, operation, or use of this Service.

18.5 Legal Rights

Some legal systems do not allow the exclusion and limitation of certain still implied guarantees. The above exclusions may not apply to all users. This agreement gives users certain legal rights, and users may also have other rights, which vary from legal system to legal system. The liability exclusions and exclusions in this agreement do not apply to the extent prohibited by applicable law.

19. Liability Restrictions

19.1 Scope of Liability

In the widest possible scope permitted by applicable law, the Operator and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees are not liable for:

• Indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to damages from lost profits, corporate value, use, data, or other intangible losses arising from the use or inability to use the Service
• Damages, losses, or injuries resulting from hacking, manipulation, or unauthorized access or use of the Service, user account, or contained information
• Errors, mistakes, or inaccuracies in content
• Personal or property damages of any kind resulting from access to or use of the Service by the user
• Unauthorized access to or use of the Operator's secure servers and/or stored personal data
• Interruptions or termination of transmission to or from the Service
• Bugs, viruses, Trojans, or similar that can be transmitted through the Service
• Damages or losses resulting from content posted, emailed, transmitted, or otherwise made available through the Service
• Defamatory, offensive, or illegal behavior by users or third parties

19.2 Maximum Liability Amount

In no case does the liability of the Operator and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees exceed the amount that the user has paid to the Operator in the preceding 12 months or the duration of this agreement between the Operator and the user, whichever is shorter.

19.3 Legal Basis

This section on liability restrictions applies in the widest possible scope permitted by applicable law, regardless of whether the alleged liability is based on contract, tort, negligence, or other legal basis, even if the user was aware of the possibility of such damages.

19.4 General Provisions

If the Operator does not enforce a right or provision of these Terms of Service, this does not constitute a waiver of that right or provision. No waiver constitutes further or permanent waiver of that or any other provision.

19.5 Service Interruptions

To ensure the best possible Service quality, the Operator reserves the right to interrupt the Service for maintenance, system updates, or other changes, with users being informed appropriately.

In the event of a complete shutdown of the Service, the Operator will work with users to allow them to remove personal data or information and will respect the rights of users in relation to further product use or/and compensation according to applicable law.

Furthermore, the Service may be unavailable due to circumstances beyond the user's reasonable control, such as natural disasters (infrastructure failures, power outages, etc.).

19.6 Further Sale of the Service

Users may not reproduce, duplicate, copy, sell, resell, or exploit any part of this application or its Service without express prior written consent of the Operator, whether directly or through a legitimate reselling program.

19.7 Data Protection Policy

Further information on the use of your personal data can be found in the Data Protection Policy of this application.

19.8 Intellectual Property Rights

Unregardless of specific provisions in these Terms of Service, all intellectual property rights such as copyrights, trademark rights, patent rights, and design rights in connection with this application are exclusively owned by the Operator or its licensees and are protected by applicable law or international agreements for intellectual property.

All trademarks – whether word or pictorial trademarks – and all other trademarks, trade names, service marks, word marks, illustrations, images, or logos in connection with this application are and remain exclusively owned by the Operator or its licensees and are protected by applicable law or international agreements for intellectual property.

19.9 Changes to These Terms of Service

The Operator reserves the right to change these Terms of Service at any time. In such cases, the Operator will inform the user appropriately.

These changes will only affect the relationship with the user from the date of notification.

Further use of the Service constitutes acceptance of the changed Terms of Service. If users do not wish to be bound by the changes, they must stop using the Service and may terminate the agreement.

19.10 Transfer of Contract

The Operator reserves the right to transfer all or any part of your rights or obligations under these Terms of Service, to novate, dispose of, or assign. The provisions regarding changes to these Terms of Service apply accordingly.

Users may not transfer their rights or obligations under these Terms of Service without express prior written consent.

19.11 Salvatorical Clause

Should a provision of these Terms of Service be deemed invalid or unenforceable under applicable law, the invalidity or unenforceability of that provision does not affect the validity of the remaining provisions, which will remain in full force and effect.

19.12 European Users

Should a provision of these Terms of Service be null, invalid, or unenforceable or will be, the parties will strive to find a valid and enforceable regulation that replaces the null, invalid, or unenforceable parts.

If this fails, the null, invalid, or unenforceable parts will be replaced by the applicable statutory provisions.

19.13 Applicable Law and Jurisdiction

These Terms of Service are subject to the law of the country where the Operator's seat is located, without regard to conflict norms.

For disputes arising from or in connection with these Terms of Service, the courts at the Operator's seat are exclusively responsible, unless otherwise specified in this document.

This does not apply to users who are considered as European consumers or to consumers with seat in the United Kingdom, Switzerland, Norway, or Iceland.

19.14 Dispute Resolution

Users can bring disputes to the Operator, who will strive for a good settlement.

The user's right to legal action remains unaffected. In case of disputes regarding the use of this application or the Service, users are requested to contact the Operator via the contact information provided in this document.

The Operator will process the complaint without undue delay and within 10 days after receipt.

The European Commission has set up an online platform for alternative dispute resolution that provides an alternative method for resolving disputes in connection with online sales and service contracts.

Therefore, any European consumer or consumer with seat in Norway, Iceland, or Liechtenstein can use this platform for the settlement of disputes from online closed contracts. The platform is available under the following link: https://ec.europa.eu/consumers/odr

20. Final Provisions

Austrian law applies. Jurisdiction is Vienna, if permissible.

Should individual provisions of these Terms of Service be invalid or become unenforceable, the validity of the remaining provisions remains unaffected.

For questions regarding these Terms of Service, please contact us at: hello@heyqq.app