Terms and Conditions for “Mira KI Bild & Text Generator”
1. Introduction
1.1 Purpose of These Terms
These Terms and Conditions (“Terms”) govern your use of the “Mira KI Bild & Text Generator” mobile application (“App”), available on the Apple App Store and Google Play Store. By accessing or using the App, you agree to be bound by these Terms. If you do not agree, you must not use the App.
1.2 Additional Policies
In addition to these Terms, please review our Privacy Policy (link or reference) to understand how we handle your personal data.
1.3 Age Restrictions
- The App is primarily intended for users aged 12 and older.
- Use by persons under 12 is not permitted.
- If you are under 16 and certain features of the App require consent (e.g., personalized ads), you must have parental or guardian consent.
2. Scope of the Services
2.1 AI-based Features
The App provides AI-driven text and image generation (e.g., through OpenAI or Stable Diffusion). Results may be approximate, incomplete, or contain unexpected content.
2.2 User Accounts
Some features may require a user account with an email/password or a third-party login (Google, Apple). You are responsible for keeping your login credentials safe. Notify us immediately if you suspect unauthorized use of your account.
2.3 Paid and Free Features
While certain features are free, others may require in-app purchases or subscriptions (credit packages, premium tiers). Payment is processed by Apple or Google, subject to their terms.
2.4 Service Availability
We strive to keep the App accessible but do not guarantee uninterrupted operation. Service may be temporarily suspended for maintenance or updates without liability.
3. User Obligations
3.1 Lawful Use
You agree to use the App only in compliance with applicable laws, regulations, and these Terms.
3.2 Correct Information
All registration details or communications must be accurate and up to date.
3.3 Prohibited Content
Do not use the App to create, upload, or share content that is unlawful, infringing, hateful, or otherwise violates third-party rights. We reserve the right to remove or disable access to such content at our discretion.
3.4 Responsibility for User Content
You are solely responsible for any content (e.g., text, images) you submit via the App, warranting you have the necessary rights to do so.
3.5 Third-Party Platforms
If you access the App via third-party platforms (e.g., Apple App Store, Google Play Store) or services, you must also comply with their terms.
4. Intellectual Property
4.1 Ownership
All intellectual property in or related to the App (including trademarks, logos, code, text, and designs) belongs to us or our licensors. Your use of the App grants you no ownership rights.
4.2 User Content License
By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and process that content as necessary to provide or improve the App. This may involve third-party AI services (OpenAI, Stable Diffusion), subject to their terms.
4.3 Feedback
If you submit suggestions or ideas about the App, we may use them without obligation.
5. AI Disclaimer
5.1 Nature of AI Content
AI-generated text or images may be inaccurate, incomplete, or contain unintended outputs. Use such content at your own risk.
5.2 No Professional Advice
Information generated by AI is not professional advice. Always consult qualified professionals for critical decisions.
5.3 Third-Party AI Providers
We rely on services like OpenAI or Stable Diffusion. We are not liable for their performance, data handling, or any claims arising from their outputs.
6. Payment and Refunds
6.1 In-App Purchases
All purchases (subscriptions, credits, etc.) are handled by the respective app store. Review their policies for billing, refunds, or chargebacks.
6.2 Subscription Renewals
If the App offers subscription plans, they may renew automatically unless canceled according to the app store’s instructions.
6.3 Refund Policy
Refunds for in-app purchases are generally governed by Apple or Google’s policies. We do not issue refunds directly, except where required by law.
7. Termination and Suspension
7.1 Voluntary Termination
You may stop using the App at any time or delete your account if applicable.
7.2 Our Right to Terminate
We may suspend or terminate your access for reasonable cause (e.g., breach of these Terms, violation of law).
7.3 Post-Termination
Upon termination, your license to use the App ends. Provisions regarding intellectual property, disclaimers, liability limitations, and indemnification survive termination.
8. Disclaimers and Liability
8.1 Disclaimer of Warranties
The App is provided “as is” and “as available” without warranties of any kind. We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2 Limitation of Liability
To the extent allowed by law:
- We are not liable for indirect or consequential damages.
- Our aggregate liability will not exceed the amount you paid for the App in the prior three months or EUR 100, whichever is higher.
8.3 User Content and Third-Party Services
We bear no responsibility for user-generated content or third-party services (including AI outputs) integrated with the App.
8.4 Local Consumer Rights
These Terms do not override mandatory consumer protections under applicable law.
9. Indemnification
You agree to indemnify and hold us harmless from any losses or damages (including legal fees) arising out of your breach of these Terms, your unlawful content, or your misuse of the App.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms are governed by the laws of Germany, unless otherwise required by consumer protection rules in your country of residence.
10.2 Jurisdiction
Disputes shall be subject to the courts where our business is located, unless local laws in your EU country mandate otherwise.
11. Changes to These Terms
We reserve the right to modify these Terms for legal or operational reasons. We will notify you of major updates (e.g., in the App or via email). Continued use after the effective date of changes constitutes acceptance of the new Terms.
12. Miscellaneous
12.1 No Waiver
Failure to exercise a right under these Terms is not a waiver of that right.
12.2 Severability
If any provision is deemed invalid, the remaining parts remain enforceable.
12.3 Entire Agreement
These Terms (plus any referenced documents like our Privacy Policy) constitute the entire agreement between you and us regarding the App, superseding prior understandings.
12.4 Assignment
We may assign or transfer our rights and obligations under these Terms in the event of a reorganization, merger, or sale of assets.
13. Contact Information
If you have questions regarding these Terms, please email us at support@kiassist.rog.
Name and Address of the Provider
Provider Name: Eckhardt Filatov
Address: Dresdener Ring 43, 71522 Backnang, Germany
Email: support@kiassist.rog
(Referred to herein as “we,” “us,” or “Provider.”)
Last updated: January 2025