Public Offer (Terms of Service)
This document is an official proposal (public offer) by ОсОО «НОВАПЭЙ» (hereinafter, the "Contractor") to enter into an agreement for the use of the AiChat service on the terms set out below with any person having legal capacity (hereinafter, the "User").
1. Definitions
- Service means the neural-network content generation service (video, images, music, text-to-speech, text responses) available on the website aitool.win / trashtrash.win and its subdomains, in the mobile applications for iOS and Android, in the Telegram bot and Telegram Mini App, and in the «НейроХит» bot in the MAX messenger.
- Account means the User's account in the Service.
- Credits means the internal accounting units of the Service that are debited for generations and other paid features.
- Subscription means a plan with regular accrual of Credits and automatic renewal.
- Pack means a one-time purchase of a specified number of Credits without renewal.
- User Content means prompts, photos, videos, audio and other materials that the User uploads to the Service.
- Output means an image, video, music, audio, text or other material created by the Service at the User's request.
2. Acceptance of the Offer
2.1. Registering or signing in to the Service, starting to use the Service, or paying for a Subscription or Pack constitutes acceptance of the offer. The agreement is deemed concluded from the moment of acceptance.
2.2. The User confirms that they have read the offer and the Privacy Policy (https://aitool.win/privacy) and accept them in full.
2.3. The Service may be used by persons who have reached 18 years of age, or by persons aged 14 to 18 with the consent of their legal representative.
3. Subject of the Agreement
3.1. The Contractor provides the User with access to the Service, and the User uses it in accordance with the offer and, where necessary, pays for paid features.
3.2. The Service is provided "as is". The set of neural networks, features, quality and generation time may change. The Contractor may add, modify and disable models and features.
4. Credits
4.1. Paid features of the Service are paid for with Credits. The cost of each generation in Credits is shown in the interface before it is started and is debited when it is started.
4.2. Credits are not money, electronic money, a security or any other means of payment. Credits cannot be exchanged for money, withdrawn, or transferred to another User or Account unless the Service expressly provides for such an option.
4.3. Credits can be obtained by taking out a Subscription, buying a Pack, or as a bonus (for example, upon registration or for inviting a friend). The terms of bonuses are determined by the Contractor and may be changed by it.
4.4. Credits do not expire unless otherwise stated when they are accrued. If an Account is deleted or blocked, unused Credits are cancelled and are not compensated.
5. Prices and Payment
5.1. Current prices for Subscriptions and Packs are shown in the Service on the payment screen. The price is fixed at the time of payment; subsequent price changes do not affect purchases already paid for.
5.2. Available payment methods depend on the platform: purchases in the App Store and Google Play, Telegram Stars, the Faster Payments System (SBP), cryptocurrency. Payments are accepted through the Contractor's payment partners; the Contractor does not receive or store bank card details.
5.3. Credits are accrued after payment is confirmed, usually within a few minutes. If the payment has gone through but Credits have not been accrued, the User should contact support and provide the payment details.
6. Subscriptions and Automatic Renewal
6.1. A Subscription is taken out for the period shown on the payment screen (for example, one month). At the start of each period, the number of Credits provided for by the plan is accrued to the balance.
6.2. The Subscription renews automatically at the end of each period, and the price of the next period is charged using the same payment method until the User cancels the Subscription.
6.3. A Subscription may be cancelled at any time, no later than 24 hours before the end of the current period:
- if purchased in the App Store, in the Apple ID settings on the device (Settings → your name → Subscriptions);
- if purchased in Google Play, in the Google Play app (Profile → Payments & subscriptions → Subscriptions);
- if taken out by any other method, in the profile settings in the Service or by request to support.
6.4. After cancellation, the Subscription remains active until the end of the paid period, and accrued Credits are retained. Deleting the app does not cancel the Subscription.
7. One-Time Credit Packs
7.1. A Pack is a one-time purchase without automatic renewal. Credits from a Pack are accrued to the balance after payment.
7.2. A Pack can be purchased regardless of whether the User has a Subscription.
8. Refunds
8.1. If a generation fails for technical reasons (neural network error, timeout, etc.), the Credits debited for it are automatically returned to the balance. No monetary refund is made in this case.
8.2. Refunds for purchases in the App Store and Google Play are made by the app store under its own rules. The request is submitted through the store (for the App Store, at reportaproblem.apple.com; for Google Play, in the Google Play order history).
8.3. Refunds for other payment methods are considered upon a written request to support within 14 days of the payment date. As a rule, the cost of unused Credits from the relevant purchase is refunded, less payment system fees. Spent Credits, bonus Credits and Subscription periods that have already begun are not refunded unless otherwise provided by applicable law.
8.4. The Contractor may refuse a refund if there are signs of abuse, fraud or breach of the offer.
9. Rules of Use
9.1. The User undertakes not to use the Service to create, upload or distribute:
- materials that violate the laws of the Kyrgyz Republic or of the User's country of residence;
- materials involving the sexual exploitation of minors, or promoting violence, terrorism, extremism or hatred;
- images, videos or voices of real people without their consent, including for the purpose of deception, discrediting them or creating intimate materials;
- materials that infringe copyright or other rights of third parties;
- spam, malware, fraudulent materials, and disinformation capable of causing harm.
9.2. By uploading photos, videos or audio featuring the image or voice of other people, the User confirms that they have obtained their consent.
9.3. It is prohibited to circumvent the Service's restrictions, to automate access by means not provided for by the Service, to resell access, to create Accounts in order to obtain bonuses beyond what the rules allow, or to interfere with the operation of the Service.
9.4. The Service may automatically filter prompts and Outputs. In the event of a breach of the rules, the Contractor may refuse a generation, delete materials, or restrict or block the Account without refunding Credits.
10. Content Rights
10.1. Rights to User Content remain with the User. The User grants the Contractor a non-exclusive right to process User Content to the extent necessary for the operation of the Service, including transferring it to neural network providers to fulfil a request.
10.2. As between the User and the Contractor, the User may freely use Outputs, including for commercial purposes, subject to the law and the rights of third parties. The Contractor does not guarantee that an Output is unique or eligible for legal protection: similar Outputs may be created by other users.
10.3. The User is solely responsible for the use of Outputs and for compliance with the rights of third parties.
10.4. The Contractor does not use User Content or Outputs in advertising without the User's consent.
11. Liability
11.1. Outputs are created automatically by neural networks and may be inaccurate, unexpected or not meet the User's expectations. Text responses do not constitute professional (medical, legal, financial or other) advice.
11.2. The Contractor is not liable for interruptions in the operation of the Service caused by the actions of third parties, neural network providers, app stores or payment partners, network failures or force majeure, but takes reasonable measures to remedy them.
11.3. The Contractor's liability is limited to the amount paid by the User over the last 3 months and does not include lost profits or indirect losses, unless otherwise established by law.
11.4. The User is responsible for keeping access to their Account secure and for all actions performed in it.
12. Term and Amendment of the Offer
12.1. The agreement remains in force until the Account is deleted. The User may delete the Account in the profile settings or by request to support.
12.2. The Contractor may amend the offer. The new version takes effect from the moment it is published at https://aitool.win/offer. Continued use of the Service constitutes acceptance of the new version.
13. Governing Law and Disputes
13.1. The agreement is governed by the laws of the Kyrgyz Republic.
13.2. Disputes are resolved through negotiation; the time limit for responding to a claim is 30 days. If a dispute is not settled, it is heard by the court at the Contractor's location, unless otherwise provided by law.
14. Language of the Document
The offer is drawn up in Russian and translated into other languages for convenience. In the event of any discrepancy between the texts, the Russian version prevails.
15. Contacts
Support: support@trashtrash.win
16. Company details
ОсОО «НОВАПЭЙ»
- Company address
- Кыргызская республика, Бишкек, Свердловский район, ул Киевская 62
- Registration number (OGRN)
- 175671-3301-ООО
- Taxpayer ID (INN)
- 9909710276