0. Definitions

In these Terms, unless the context otherwise requires:

• “Service” means the InvuAI platform (navajowhite-dog-492217.hostingersite.com), including any related software, APIs, dashboards, features, and documentation provided by She Knows Digital Sp z o.o.
• “User Content” means all data, prompts, inputs, or other materials submitted, uploaded, or processed by you through the Service.
• “AI Output” means any content, text, or insights generated by the Service based on User Content.
• “Free Tier” means the no-cost version of the Service we may make available at our sole discretion.
• “Subscription Services” means any paid or premium plans we may offer from time to time.
• “Beta Features” means features identified as experimental, preview, or beta functionality.
• “Confidential Information” means non-public information relating to our business, technology, or operations.

1. The Service

Invu is an AI-powered SaaS platform that helps users monitor brand mentions and trends across digital channels. The platform includes dashboards, automated processing, AI-generated insights, and prompt management features. Some features may be in beta or experimental status and are provided without guarantees.

Data Controller Status: We act as the data controller for account and usage data. For content you process through our Service, you remain the data controller and we act as your data processor.

2. Eligibility & User Accounts

2.1 Business Use Only

The Service is offered solely for business and professional use. By using the Service, you confirm you are acting in a business capacity and not as a consumer. Consumer protection laws do not apply to these Terms.

2.2 Age and Capacity Requirements

To use the Service, you must be at least 18 years old and have the legal capacity to enter into binding agreements on behalf of your business or organization.

2.3 Account Responsibilities

You are responsible for:

• Maintaining confidentiality of your credentials
• Ensuring all information provided is accurate and up to date
• Any activity that occurs under your account
• Verifying your age and legal capacity to use the Service

We reserve the right to suspend or terminate any account we believe has been compromised or misused.

3. Use Restrictions

You agree not to:

• Use the Service for unlawful purposes or in violation of applicable laws
• Submit, store, or process any personal data unless you have the right to do so
• Use the Service for surveillance or to monitor individuals
• Attempt to reverse-engineer, decompile, or disrupt the platform
• Upload any harmful or infringing content
• Circumvent usage limits or attempt to access features not included in your tier
• Use the Service for automated decision-making with legal or significant effects

4. Intellectual Property & AI Output

4.1 Platform IP

All intellectual property rights in the Service, including software, design, content, and trademarks, are owned by or licensed to She Knows Digital Sp z o.o. You are granted a non-exclusive, non-transferable, revocable licence to use the Service solely for your internal business use.

4.2 AI/ML Output Ownership

• You retain ownership of your input data (prompts, brand names, queries)
• AI-generated outputs based on your inputs are licensed to you for commercial use
• We retain the right to use anonymized, aggregated insights to improve our Service
• No warranty is provided for accuracy, completeness, or fitness of AI outputs

4.3 Marketing Rights

Unless you notify us otherwise in writing at feedback@navajowhite-dog-492217.hostingersite.com, you grant us a non-exclusive, royalty-free license to use your business name, logo, and general description of your use of the Service in our marketing materials, case studies, and customer lists. You may revoke this permission at any time with thirty (30) days’ written notice.

5. Subscriptions, Free Access and Usage Limits

5.1 Free Tier Access

We currently offer free access to the Service, limited to a maximum of 20 prompts per user, per day. This free tier is provided at our sole discretion and may be modified, limited, suspended, or discontinued at any time without notice.

Access to the free tier does not create any obligation for us to maintain any specific features or service levels.

5.2 Usage Restrictions

We may monitor usage to ensure compliance with daily limits and prevent misuse or abuse of the platform. If we believe you are circumventing limits or negatively impacting system performance, we may restrict or suspend your access.

5.3 Future Subscription Plans

We reserve the right to introduce paid subscription plans in the future. Pricing, features, and billing terms for such subscriptions will be communicated in advance and governed by a separate Subscription Agreement or billing terms at the time of opt-in.

We make no guarantee that current features will remain available on the free tier once subscriptions are introduced.

5.5 Payment, Renewals & Refunds

• All fees are exclusive of VAT, sales taxes, or other similar charges, which will be added where applicable.
• Fees for Subscription Services are payable in advance and are non-refundable, except where required by law.
• Unless otherwise stated, subscriptions automatically renew at the end of each billing period at the then-current price, unless cancelled before renewal.
• You are responsible for all applicable taxes and must pay fees without deduction or withholding.
• Failure to pay fees when due may result in suspension or termination of your access.
• We may increase fees upon renewal by providing at least thirty (30) days’ notice.

6. Data Use, Processing, and AI Output Disclaimer

6.1 No Automated Decision-Making

The Service does not conduct automated decision-making with legal or similarly significant effects. All outputs are provided for informational purposes only.

6.2 Profiling Disclosure

We may analyze usage patterns to improve Service features but do not create user profiles for marketing or sale to third parties.

6.3 AI Processing

Invu processes brand-related data through third-party systems (including OpenAI) and returns AI-generated outputs. You understand and agree that:

• AI outputs may be inaccurate, biased, or incomplete
• You are solely responsible for verifying and relying on any output
• You must not upload any personal data to prompts without legal basis
• We do not warrant the accuracy, reliability, or completeness of AI-generated content
• AI Outputs may not be unique or free from third-party intellectual property rights
• We do not warrant that AI Outputs will not infringe third-party intellectual property rights
• We provide no indemnity against claims relating to AI Outputs
• You are solely responsible for evaluating the accuracy, legality, and appropriateness of AI Outputs before relying on them, including any intellectual property implications

6.5 User Compliance Responsibilities

You are solely responsible for ensuring that your use of the Service complies with all applicable laws, regulations, and industry standards, including those relating to data protection, privacy, marketing, and content use. We make no representation that the Service satisfies legal or regulatory requirements applicable to your business or industry.

7. Warranties and Disclaimers

7.1 Service Provision

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We do not guarantee any minimum service level, response time, or uptime, unless otherwise agreed in a separate Service Level Agreement.

7.2 Specific Disclaimers

We specifically disclaim warranties regarding:

• Uptime, availability, or uninterrupted access
• Accuracy, reliability, or completeness of the Service
• Fitness for a particular purpose or merchantability
• Non-infringement of third-party rights
• Security or data protection beyond our reasonable control

7.4 Beta Features

From time to time, we may make Beta Features available. Beta Features are provided “as is”, may contain errors, may be modified or withdrawn at any time without notice, and are used solely at your own risk. We provide no warranties or support for Beta Features, and they are excluded from any service credits, uptime commitments, or support obligations.

7.5 Third-Party Services

The Service may depend on or interoperate with third-party services, providers, or platforms (including but not limited to OpenAI and Supabase). We are not responsible for the acts, omissions, or failures of any third-party services used in connection with the Service. We make no guarantees regarding, and disclaim all liability for, the performance, security, or availability of third-party services.

8. Termination & Service Changes

We may, at any time and at our sole discretion:

• Modify or discontinue any aspect of the Service without notice
• Suspend or terminate your access with or without cause
• Remove or delete data after termination
• Change features, functionality, or compatibility

We are not obligated to provide notice, reason, or backup in the event of termination or suspension.

9. Data Loss Disclaimer & Technical Implementation

9.1 Data Loss

We do not guarantee data will be stored, backed up, or retrievable. You understand that:

• All data may be lost or corrupted at any time
• Backups are not guaranteed
• Third-party service errors or outages may result in permanent loss
• You are responsible for exporting or backing up your own data

9.2 Your Technical Responsibilities

You acknowledge that:

• Data export functionality is provided “as available”
• Immediate deletion means permanent, irreversible data loss
• Audit logs may be retained for legal compliance only
• You must maintain your own records for business continuity

She Knows Digital Sp z o.o. shall not be liable for any data loss, corruption, or retrieval issues.

10. Limitation of Liability

To the fullest extent permitted by law:

• We disclaim all implied warranties, including merchantability and fitness for a particular purpose
• We shall not be liable for indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount paid by you in the 3 months preceding the event (or £100 if using free tier)
• We are not liable for third-party claims, reputational damage, data breach consequences, or regulatory fines
• You acknowledge that our broad liability limitations reflect the need for appropriate business insurance on your part

11. Indemnification

You agree to indemnify and hold harmless She Knows Digital Sp z o.o., its directors, employees, and affiliates from and against any third-party claims, damages, liabilities, or expenses arising out of:

• Your misuse of the Service
• Your breach of these Terms
• Your uploaded data or use of AI-generated content
• Any legal or regulatory claims resulting from your actions
• Your failure to obtain necessary consents or comply with applicable laws

12. Dispute Resolution

12.1 Informal Resolution

Before initiating formal proceedings, you agree to attempt resolution through good faith negotiation by contacting us at feedback@navajowhite-dog-492217.hostingersite.com for at least 30 days.

12.2 Injunctive Relief

Notwithstanding any other provision, either party may seek injunctive or other equitable relief in any court of competent jurisdiction for intellectual property infringement, breach of confidentiality, or to prevent irreparable harm.

13. Force Majeure

We shall not be held liable for delays or failures in performance due to causes beyond our reasonable control, including but not limited to: natural disasters, pandemics, service provider outages (e.g. OpenAI, Supabase), internet disruptions, strikes, or changes in law.

14. Modifications to Terms

14.1 Right to Modify

We reserve the right to modify these Terms at any time. Material changes will be notified via:

• Email to your registered address
• Prominent notice on the Service dashboard
• Requirement to accept new terms upon next login

14.2 Continued Use

Continued use of the Service after notification constitutes acceptance of modified Terms. If you disagree with changes, you must discontinue use immediately.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. You agree to the exclusive jurisdiction of the courts of England and Wales for any dispute arising out of or relating to these Terms.

19. California Residents – CCPA Rights

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA). Please refer to our Privacy Policy for details about your rights to know about personal information collected, delete personal information, opt-out of sale (we do not sell personal data), and non-discrimination.

20. Contact

21. Export Controls and Sanctions

You may not access or use the Service if you are located in a country or territory subject to UK, EU, or US trade sanctions or if you are on any UK, EU, or US government list of restricted parties. You represent and warrant that you are not prohibited from receiving the Service under such laws and that you will not use the Service in violation of any export control or sanctions laws.

22. Confidentiality

During your use of the Service, you may gain access to non-public information relating to our business, technology, or operations (“Confidential Information”). You must not disclose or use Confidential Information except as required to use the Service in accordance with these Terms. You agree to protect Confidential Information using the same degree of care you use to protect your own confidential information, but in no event less than reasonable care. These obligations survive termination of these Terms for a period of five (5) years.

23. Survival

The following sections shall survive termination or expiry of these Terms: Definitions (Section 0), Intellectual Property & AI Output (Section 4), Warranties and Disclaimers (Section 7), Limitation of Liability (Section 10), Indemnification (Section 11), Dispute Resolution (Section 12), Governing Law and Jurisdiction (Section 17), CCPA Rights (Section 19), Export Controls and Sanctions (Section 21), Confidentiality (Section 22), and this Survival provision (Section 23).

24. Governing Language

These Terms are drafted in the English language. If these Terms are translated into another language, the English version shall prevail in the event of any conflict or discrepancy.