Terms of Use for Kizu.ai

1. Introduction and Acceptance

Welcome to Kizu.ai ("we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of our website, mobile application, and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service. These Terms constitute a legally binding agreement between you and Kizu.ai.

Kizu.ai is a personal check-in tool that helps users establish and maintain positive routines and habits through personalized reminders and accountability features.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 16 years old to use our Service. If you are between the ages of 16 and 18, you represent that you have permission from your parent or guardian to use the Service.

2.2 Account Creation

To access certain features of our Service, you must create an account. You may create an account using your email address or by signing in with OAuth providers (such as "Sign in with Apple" or "Sign in with Google").

2.3 Account Responsibilities

You are responsible for:

• Providing accurate and complete information when creating your account
• Maintaining the security and confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

We reserve the right to disable your account if we have reasonable grounds to believe that you have violated these Terms.

3. Service Description and Subscription

3.1 Service Overview

Kizu.ai provides personalized check-in services, reminders, and accountability tools to help users establish and maintain habits and routines. Our Service may include features such as:

• Daily or scheduled check-ins
• Personalized questions and prompts
• Progress tracking and visualization
• Achievement recognition

3.2 Subscription Options

We offer the following subscription options:

• Free Tier: Basic features with limited functionality
• Premium Tier (paid): Additional features and expanded capabilities
• Pro Tier (paid): Full access to all features and capabilities

3.3 Subscription Management

You can manage your subscription through your account settings. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. You may cancel your subscription at any time, but no refunds will be provided for partial subscription periods unless required by law.

3.4 Payment Processing

Payments are processed securely through trusted third-party payment processors. By providing payment information, you represent that you are authorized to use the payment method and agree to the terms of the payment processor.

4. User Content and Privacy

4.1 User Content

"User Content" refers to any information, text, or data that you submit or input into the Service, including your responses to check-in questions, personal goals, and other information you provide.

4.2 Ownership of User Content

You retain ownership of your User Content. By submitting User Content to our Service, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and display your User Content solely for the purpose of providing and improving the Service to you.

4.3 Privacy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your personal information.

5. Health Disclaimer

5.2 Eating Disorders and Mental Health

While Kizu.ai may be used as a supplementary tool to help establish healthy habits, it is not designed to treat, cure, or prevent any disease, including eating disorders. If you are experiencing an eating disorder or any other medical or mental health condition, please consult with qualified healthcare professionals.

5.3 No Medical Advice

Nothing contained in the Service constitutes medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

5.4 No Guarantee of Results

We do not guarantee specific results from using our Service. Individual results may vary based on personal circumstances, consistency of use, and other factors.

6. Acceptable Use Policy

6.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any laws
• Attempting to probe, scan, or test the vulnerability of the Service or breach security measures
• Using the Service to harm, threaten, or harass others
• Impersonating another person or entity
• Using the Service to collect or harvest information about other users
• Using the Service as a proxy for AI models beyond what is provided within the Service
• Interfering with the proper functioning of the Service

6.2 AI Model Usage

Our Service uses AI models provided by Anthropic. Your use of these AI features is also subject to Anthropic's terms of service and acceptable use policies, which are incorporated by reference.

6.3 Export Controls

You may not export or provide access to the Service into any U.S. embargoed countries or to anyone on restricted party lists identified by the U.S. Treasury Department, Department of Commerce, or other applicable government agencies. You represent and warrant that you are not located in any such country or on any such list.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including its text, graphics, logos, icons, images, software, and other content, is owned by or licensed to Kizu.ai and is protected by German and international copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you a right or license to use any of our trademarks, logos, or trade names.

7.2 Third-Party Intellectual Property

Certain components of our Service may incorporate intellectual property owned by third parties, including but not limited to Anthropic's AI models. Your use of such components is subject to the respective third-party's terms.

7.3 Feedback

If you provide feedback, ideas, or suggestions regarding our Service ("Feedback"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable license to use that Feedback without restriction.

8. Third-Party Services

8.1 Third-Party Integration

Our Service may integrate with or provide access to third-party services, including:

• Google Cloud Platform for infrastructure
• Google and Apple for authentication
• Anthropic for AI models
• Twilio for notifications

8.2 Third-Party Terms

Your use of such third-party services may be subject to additional terms and conditions provided by those third parties. We are not responsible for the performance, content, or actions of any third-party services.

9. Limitation of Liability

9.1 Disclaimer of Warranties

To the maximum extent permitted by applicable law, the service is provided "as is" and "as available," without warranty of any kind. We expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the service.

9.3 Cap on Liability

Our total liability to you for all claims arising from or relating to these terms or your use of the service shall not exceed the amount paid by you for the service during the twelve (12) months immediately preceding the event giving rise to such liability, or €100, whichever is greater.

9.4 Essential Purpose

The limitations of liability in this section shall apply even if we have been advised of the possibility of such damages and even if any remedy fails of its essential purpose.

9.5 Exceptions

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any matter for which it would be illegal for us to exclude or attempt to exclude our liability under German law

10. Termination

10.1 Termination by You

You may terminate your account at any time by following the instructions on our Service or by contacting us at contact@kizu.ai. Upon termination, your account will be deactivated, and you may lose access to all information associated with your account.

10.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service, with or without notice, for any reason, including if:

• You violate these Terms
• We suspect fraudulent or abusive activity
• We are unable to verify or authenticate your account information
• We are discontinuing or modifying the Service

10.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

11. Changes to Terms

11.1 Updates to Terms

We may modify these Terms at any time. If we make material changes to these Terms, we will provide notice through the Service or by other means. Your continued use of the Service after the changes become effective constitutes your acceptance of the changes.

11.2 Right to Reject Changes

If you do not agree to the updated Terms, you must stop using the Service. If you have a paid subscription and do not agree to updated Terms, you may cancel your subscription and receive a pro-rated refund for the unused portion of your subscription period.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany, except where mandatory consumer protection laws require otherwise.

12.3 Consumer Rights

If you are a consumer, you may also have the right to bring proceedings in the courts of your country of residence under applicable consumer protection laws.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding your use of the Service.

13.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions will continue in full force and effect.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.

13.5 Contact Information

If you have any questions about these Terms, please contact us at:

contact@kizu.ai

14. Statutory Consumer Rights

As a consumer, you have certain statutory rights that cannot be excluded by these Terms. Nothing in these Terms is intended to affect your statutory rights under German or EU law. These include your right to receive services that are as described, fit for purpose, and of satisfactory quality.

14.1 Right of Withdrawal for Consumers

If you are a consumer residing in the European Union, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

14.2 Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.