1. Use of Service

1.1 Eligibility: You must be at least 16 years old to use our Service. By using the Service, you confirm that you meet this eligibility requirement.

1.2 License: We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for personal or internal business purposes, subject to these Terms. You agree not to modify, reproduce, or distribute any part of the Service without our prior written consent.

1.3 Account Creation and Security: You may be required to create an account to access certain features of the Service. You agree to provide accurate and complete information during registration and to keep your account details secure. You are solely responsible for maintaining the confidentiality of your login credentials and any activities conducted under your account.

1.4 Google and GitHub OAuth Authentication: Our Service allows you to log in using Google OAuth and GitHub OAuth. By using these authentication methods, you agree to comply with Google’s and GitHub’s respective terms of service and privacy policies. We are not responsible for any issues arising from your use of third-party authentication services.

1.5 Ownership and Usage of AI-Generated Content: By using our Service, you understand and agree that any content generated by our AI tools (the "AI-Generated Content") is provided "as-is" and without any warranty of accuracy or reliability. You retain ownership of the content you input into the Service, but Phare OÜ retains all rights to the algorithms and processes that produce AI-Generated Content. You are granted a limited, non-exclusive license to use AI-Generated Content for personal or commercial purposes, subject to compliance with these Terms and any applicable laws.

1.6 Accuracy of AI-Generated Content: Due to the inherent nature of AI technology, AI-Generated Content may contain errors, inaccuracies, or omissions. The content is provided for informational purposes only, and you acknowledge that you are solely responsible for reviewing and verifying the accuracy of any AI-Generated Content before using it.

1.7 User Responsibilities for AI-Generated Content: You agree that you will not use AI-Generated Content for unlawful purposes, to infringe on the rights of others, or to misrepresent any information. You are solely responsible for the consequences of using AI-Generated Content in any manner, including any claims arising from its use.

2. User Obligations

2.1 Compliance with Laws: You agree to use the Service in compliance with all applicable laws and regulations, including CCPA, CPRA, GDPR, and any other relevant data protection regulations. You are responsible for ensuring that your use of the Service does not violate any laws, including those related to privacy, data protection, and intellectual property.

2.2 Prohibited Activities: You agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the Service;
• Use the Service for any unlawful purpose or to infringe upon the rights of others;
• Distribute viruses, malware, or any other harmful software through the Service;
• Use automated means (bots, scrapers, etc.) to access the Service without our express permission;
• Engage in any activity that could compromise the security or integrity of the Service;
• Use AI-Generated Content in a manner that violates any law or the rights of third parties.

2.3 Export Control Laws: You agree to comply with all applicable export control laws, including the U.S. Export Administration Regulations, in using the Service. You represent and warrant that you are not located in, or a resident of, any country subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist-supporting" country.

3. Privacy and Data Collection

3.1 Personal Data: Our collection and use of your personal data are governed by our Privacy Policy. By using the Service, you acknowledge that we collect certain personal data to provide and improve the Service, including through the use of Google Analytics, Google OAuth, and GitHub OAuth.

3.2 Data Subject Rights (GDPR, CCPA, CPRA): As a user, you have certain rights regarding your personal data under GDPR, CCPA, and CPRA. These rights include:

• Right to Access: You have the right to request access to the personal data we hold about you.
• Right to Rectification: You can request correction of inaccurate personal data.
• Right to Deletion: You can request the deletion of personal data under certain conditions.
• Right to Data Portability: You have the right to request a copy of your personal data in a structured, machine-readable format.
• Right to Object: You can object to the processing of your personal data in certain circumstances.
• Right to Withdraw Consent: You may withdraw consent for data processing at any time.

3.3 Data Retention and Deletion: We retain personal data only as long as necessary to fulfill the purposes outlined in our Privacy Policy or as required by law. If you request deletion of your account, we will delete your personal data, except where retention is required by law or for legitimate business purposes, such as compliance with legal obligations or resolving disputes.

4. Intellectual Property Rights

4.1 Ownership: All intellectual property rights in the Service, including but not limited to the software, design, text, and graphics, are owned by Phare OÜ or our licensors. No rights or licenses are granted to you other than those expressly stated in these Terms.

4.2 User Content: By submitting any content (such as articles, text, or feedback) through the Service, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and distribute such content in connection with the Service.

4.3 Ownership of AI-Generated Content: You retain ownership of your inputs, but Phare OÜ retains all rights to the algorithms and processes used to generate AI-Generated Content. You are granted a limited license to use the AI-Generated Content for personal or business use in accordance with these Terms.

5. Limitation of Liability

5.1 Disclaimer of Warranties: The Service and AI-Generated Content are provided on an "as-is" and "as-available" basis, without any warranties of any kind, express or implied. We do not guarantee the accuracy, completeness, or reliability of AI-Generated Content.

5.2 Limitation of Liability: To the fullest extent permitted by law, Phare OÜ shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of the Service.

5.3 Maximum Liability: In no event shall our total liability to you for all claims exceed the amount you paid, if any, to access the Service during the twelve (6) months preceding the event that gave rise to the liability.

6. Indemnification

You agree to indemnify, defend, and hold harmless Phare OÜ, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or liabilities (including reasonable legal fees) arising from your breach of these Terms, your violation of any law or regulation, or your misuse of the Service.

7. Modifications to the Terms

We reserve the right to modify these Terms at any time. We will provide notice of any changes by posting the updated Terms on our website. Your continued use of the Service after the changes take effect signifies your acceptance of the revised Terms.

8. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law provisions.

8.1 Dispute Resolution and Arbitration: In the event of any dispute arising from or related to these Terms or the Service, you agree to first attempt to resolve the dispute informally by contacting us at saxbyapp@gmail.com. If the dispute is not resolved within thirty (30) days, either party may pursue binding arbitration under the rules of the Harju County Court in the Republic of Estonia. Arbitration shall be conducted by a single arbitrator, and the arbitrator's decision will be final and binding.

8.2 Costs: Each party shall bear its own costs and expenses of the arbitration, unless otherwise determined by the arbitrator.

9. Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction as part of any merger, acquisition, or sale of assets, or by operation of law.

10. Miscellaneous

10.1 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

10.2 Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and Phare OÜ regarding the Service, superseding any prior agreements or understandings.

10.3 Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.