TERMS OF SERVICE

Welcome to Manessa AI! Manessa AI is operated by Michal Waszczuk ('we', 'us', or 'our'), an individual developer based in Poland. Contact us at Skrytka Pocztowa 800, Wrocław 68, Wrocław Dolnośląskie 50-950, Poland, or at support@manessaai.com.

We operate the website https://manessaai.com (the 'Site'), the Manessa AI progressive web application (the 'App'), and related services that link to these terms (collectively, the 'Services').

Our Services use third-party AI technologies for speech recognition, text generation, and voice synthesis, but we do not train AI models on user data or use your conversations for any purpose beyond providing the immediate service.

Contact us at support@manessaai.com or by mail at the address above if you have questions.

These Terms of Service create a legally binding agreement between you and us regarding your use of our Services. By using our Services, you're agreeing to follow these terms. If you don't agree with these terms, please don't use our Services.

We'll notify you before making scheduled changes to the Services. Updated terms become effective when we post them or email you at your registered email address. Continuing to use our Services after changes means you accept the new terms.

Our Services are for users who are at least 18 years old. If you're under 18, you cannot use or register for our Services.

We recommend keeping a copy of these terms for your records.

1. OUR SERVICES

Our Services may not be available or legal in all countries. If you access our Services from outside Poland, you're responsible for following your local laws and regulations.

Our Services aren't designed for industries with special regulations (like healthcare under HIPAA or financial services under GLBA). If your use would be subject to such laws, please don't use our Services.

We enforce usage quotas and may apply rate limiting to ensure service stability and prevent abuse. Access may be temporarily restricted when thresholds are exceeded, consistent with your plan and our technical guardrails.

2. INTELLECTUAL PROPERTY RIGHTS

What we own

We own or license all the intellectual property in our Services, including the code, databases, features, software, designs, audio, video, text, images, and graphics (the 'Content'), plus our trademarks and logos (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws worldwide.

We provide our Content and Marks through the Services 'as is' for your personal, non-commercial use only.

What you can do

As long as you follow these terms and our 'PROHIBITED ACTIVITIES' section, we give you permission to:

• Use our Services
• Download or print parts of our Content that you have proper access to, for your personal, non-commercial use

You cannot copy, reproduce, republish, upload, post, display, encode, translate, transmit, distribute, sell, license, or commercially exploit any part of our Services, Content, or Marks without our written permission.

If you want to use our Services, Content, or Marks beyond what's allowed here, contact us at support@manessaai.com. If we give you permission to post or display our Content, you must credit us as the owners and keep any copyright notices visible.

We keep all rights not specifically given to you.

Breaking these intellectual property rules will immediately end your right to use our Services.

What you share with us

Please read this section and our 'PROHIBITED ACTIVITIES' section carefully to understand your rights and responsibilities when sharing content through our Services.

Your submissions: When you send us questions, comments, suggestions, ideas, feedback, or other information about our Services ('Submissions'), you're giving us a worldwide, non-exclusive, irrevocable, transferable, sublicensable, royalty‑free licence to use, copy, modify, distribute, publish, and otherwise exploit that content for any lawful purpose without crediting or paying you. For the avoidance of doubt, this licence does not apply to your conversational messages and voice interactions with AI companions ('User Input'), which we process only as necessary to provide the Services and do not retain or use to train AI models.

Your responsibility: By sending us Submissions, you confirm that you:

• Have read our 'PROHIBITED ACTIVITIES' section and won't share illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading content
• Give up any moral rights to your Submissions (where legally possible)
• Own your Submissions or have the right to share them, and have full authority to give us these rights
• Confirm your Submissions aren't confidential information

You're fully responsible for your Submissions and agree to cover any losses we suffer if you break these rules, violate others' intellectual property rights, or break the law.

3. YOUR PROMISES TO US

By using our Services, you promise that: (1) all information you provide is true, accurate, current, and complete; (2) you'll keep your information updated; (3) you have the legal right to agree to these terms; (4) you're at least 18 years old; (5) you won't use bots, scripts, or other automated tools to access our Services; (6) you won't use our Services for illegal purposes; and (7) your use won't violate any laws.

If you provide false or incomplete information, we can suspend or close your account and refuse future use of our Services.

4. CREATING YOUR ACCOUNT

You may need to create an account to use our Services. Keep your password secure - you're responsible for everything that happens with your account. We can remove, reclaim, or change usernames that we find inappropriate, obscene, or objectionable.

5. PURCHASES AND PAYMENT

Depending on how you access our Services, purchases are processed through one of our payment processors. On the web, we accept credit and debit cards and other payment methods supported by Stripe, which may vary by country. If you obtained our app through the Google Play Store, in-app purchases and subscriptions are processed by Google Play Billing and are subject to the Google Play Terms of Service and the Google Payments Terms of Service.

Provide accurate, current, and complete payment information for all purchases. Keep your payment details updated so we can process transactions and contact you when needed. We'll add applicable sales tax. We may change prices at any time. All payments are in Euros. For Google Play purchases, your payment method, billing, and taxes are managed by Google in accordance with their terms.

You agree to pay all charges at the prices in effect when you make a purchase. We can correct pricing errors even after payment.

All purchases relate to digital services delivered electronically. We reserve the right to refuse or limit orders (for example, to prevent abuse or fraud).

6. SUBSCRIPTIONS

Billing and renewal

Your subscription automatically renews monthly unless you cancel. You agree to let us (or Google Play, for subscriptions purchased through the Google Play Store) charge your payment method regularly without asking for approval each time, until you cancel. Your billing cycle is monthly.

Canceling your subscription

If you subscribed on the web, cancel anytime by logging into your account. If you subscribed through the Google Play Store, you manage and cancel your subscription through your Google Play account settings (Play Store → Payments & subscriptions → Subscriptions). In either case, cancellation takes effect at the end of your current billing period, and you retain access to premium features until then. Contact us at support@manessaai.com if you have questions or concerns.

Price changes

We may change subscription prices and will notify you according to applicable law.

EU Consumer Rights

If you are a consumer in the European Union, you have a legal right to withdraw from your subscription within 14 days of purchase. However, when you subscribe, you will be asked to provide your explicit consent to begin the service immediately and to acknowledge that you thereby lose your right of withdrawal.

Immediate access to premium features requires this explicit consent and acknowledgment. At checkout we present a separate, unticked consent box for immediate performance. By ticking this box, you expressly request that we begin providing the digital service immediately and acknowledge that you lose your 14‑day right of withdrawal once we have fully performed the service. If you do not provide this consent, you will not be able to complete the premium purchase.

We warrant that the Services will conform to the contract for the duration of the subscription, as required by EU law. In case of a lack of conformity, you are entitled to have the service brought into conformity, or to receive a proportionate price reduction or a refund.

Refunds and chargebacks

Except where required by law (including your EU withdrawal rights where no immediate‑performance consent was given), payments are non‑refundable and there are no refunds or credits for partial months. Chargebacks or payment disputes may result in immediate suspension of access pending resolution. For subscriptions purchased through the Google Play Store, refunds are handled by Google in accordance with the Google Play refund policies, and you should request any refund through Google Play; your statutory rights are unaffected.

Payment disputes

For web purchases, we handle disputes through our payment processor (Stripe). For Google Play purchases, payment disputes are handled by Google Play. In either case, we may request additional information from you and temporarily restrict access to premium features while a dispute is open.

7. SOFTWARE

Our Services may include software. If that software has an end user license agreement (EULA), the EULA governs your use. If there's no EULA, we give you a limited, personal, non-transferable license to use the software only with our Services and according to these terms. Software is provided 'as is' without warranties. You accept all risks from using it. Don't reproduce or redistribute software except as allowed by the EULA or these terms.

Experimental features

Experimental or beta features may be released for testing. Such features are provided 'as is,' may be rate‑limited, and may be changed or withdrawn without notice.

8. PROHIBITED ACTIVITIES

Use our Services only for their intended purpose of engaging in voice conversations with AI companions for personal entertainment, productivity, and information. Don't use our Services themselves for commercial purposes (such as reselling access or building a competing product) unless we specifically approve. This does not prevent you from using AI Output in your own personal or professional work as described in Section 27.

You agree not to:

• Collect data from our Services to create databases or directories without permission
• Trick, defraud, or mislead us or other users, especially to get sensitive account information
• Bypass or interfere with security features, including content copying restrictions
• Harm our reputation or our Services
• Use information from our Services to harass, abuse, or harm others
• Misuse our support services or file false reports
• Use our Services illegally
• Link to our Services inappropriately
• Upload viruses, malware, or spam, or anything that disrupts our Services
• Use automated systems like bots, scripts, or data mining tools
• Remove copyright notices from our Content
• Impersonate other users
• Upload tracking devices, spyware, or similar monitoring tools
• Overload or disrupt our Services or networks
• Harass, threaten, or intimidate our employees
• Bypass restrictions or access controls
• Copy or adapt our software code
• Reverse engineer our software (except where legally permitted)
• Use unauthorized automated systems, spiders, robots, or scrapers
• Use our Services to compete with us or for commercial purposes
• Generate or spread misinformation, propaganda, or illegal, hateful, abusive, or sexually explicit content
• Bypass AI safety features, content filters, or ethical guidelines
• Use our Services for professional advice (medical, legal, financial) - our AI companions are for entertainment and general information only, not professional guidance or substitutes for qualified experts
• Redistribute, resell, or publicly broadcast AI-generated voice output, responses, or interactions at scale or as a standalone product without our written permission
• Attempt to extract, scrape, or harvest AI model data, prompts, or underlying technology from our Services

Recording responsibility: You are responsible for complying with applicable consent and recording laws where you use the Services. Do not use voice features to record others without any legally required consent.

9. USER-GENERATED CONTENT

While our Services don't typically allow users to post public content, we may let you create, submit, or share content with us or through our Services, including text, audio, video, images, comments, suggestions, or personal information ('Contributions'). Other users and third-party websites might see your Contributions. We handle them according to our Privacy Policy. When you create Contributions, you promise that:

• Creating, sharing, or using your Contributions won't violate others' intellectual property rights, including copyrights, patents, trademarks, or trade secrets
• You own your Contributions or have permission to share them, and you have full authority to give us these rights
• You have written consent from any identifiable people in your Contributions
• Your Contributions are truthful and accurate
• Your Contributions aren't spam, advertising, or promotional materials
• Your Contributions aren't obscene, offensive, violent, harassing, or otherwise objectionable
• Your Contributions don't mock, ridicule, or abuse anyone
• Your Contributions aren't used for harassment, threats, or promoting violence
• Your Contributions follow all applicable laws
• Your Contributions don't violate privacy or publicity rights
• Your Contributions don't involve child exploitation
• Your Contributions don't include offensive comments about race, nationality, gender, sexual orientation, or disabilities
• Your Contributions don't otherwise violate these terms or any laws

Violating these rules may result in termination or suspension of your account.

10. CONTENT LICENSES

We may access, store, and process information you provide according to our Privacy Policy and your settings.

When you give us suggestions or feedback about our Services, we can use and share it without paying you.

You keep ownership of your Contributions and related intellectual property rights. We're not responsible for statements in your Contributions. You're fully responsible for your Contributions and agree not to take legal action against us regarding them.

11. APP LICENSE

Using our app

If you use our progressive web app (PWA) or mobile app, we give you a limited license to install and use it on your devices according to these terms. You cannot: (1) reverse engineer or decompile the app (except where legally permitted); (2) modify or create derivative works; (3) violate laws while using the app; (4) remove proprietary notices; (5) use the app commercially unless designed for that purpose; (6) share the app on networks for multiple users; (7) use the app to create competing products; (8) send automated queries or spam; or (9) use our proprietary information to develop other applications.

Google Play terms

When you download our app from Google Play, these extra terms apply: (1) your licence is limited to using the app on compatible Android devices according to Google Play’s terms of service; (2) we provide maintenance and support as outlined in these terms — Google has no support obligations; (3) if the app does not conform to any warranty, you may notify Google Play and, where applicable, obtain a refund; (4) you confirm you are not located in a country subject to a U.S. government embargo or on a U.S. sanctioned list; (5) you must comply with applicable third-party terms when using the app; and (6) Google is a third-party beneficiary of these mobile-app terms and may enforce them against you.

12. THIRD-PARTY WEBSITES AND CONTENT

Our Services may contain links to other websites ('Third-Party Websites') and content from third parties ('Third-Party Content'). We don't investigate, monitor, or check these for accuracy or appropriateness. We're not responsible for third-party websites or content, including their accuracy, opinions, reliability, or privacy practices. Including links doesn't mean we endorse them. If you visit third-party websites or use third-party content, you do so at your own risk and these terms no longer apply. Review their terms and privacy policies. Purchases from third-party websites are between you and them - we're not responsible for these transactions. We're not liable for any harm from third-party content or websites.

13. MANAGING OUR SERVICES

We reserve the right to: (1) monitor our Services for violations of these terms; (2) take legal action against violators, including reporting to law enforcement; (3) refuse, restrict, limit, or disable access to your Contributions; (4) remove files that are too large or burdensome to our systems; and (5) otherwise manage our Services to protect our rights and ensure proper functioning.

Copyright complaints / Notice-and-Action

You may report alleged infringement or illegal content to legal@manessaai.com. Include your contact details, a description and URL of the content at issue, the rights you claim, and a good‑faith statement that the report is accurate. We will act expeditiously in accordance with applicable law.

14. PRIVACY POLICY

We care about your privacy and data security. Please read our Privacy Policy at https://manessaai.com/privacy for detailed information on our data handling practices, including for voice interactions. By using our Services, you agree to our Privacy Policy, which is part of these terms. Our Services are primarily hosted and processed in the European Economic Area (EEA) where supported; some processing may occur outside the EEA by our service providers. International transfers are protected by appropriate safeguards (e.g., Standard Contractual Clauses and, where applicable, the EU‑U.S. Data Privacy Framework) as described in our Privacy Policy.

Sensitive Information: If your conversations may include sensitive personal data (such as health information, religious beliefs, political opinions, sexual orientation, or racial/ethnic origin), we will request your explicit consent before processing. You can manage or withdraw this consent at any time in your account settings. Without consent, such content will not be processed.

Cookies: We use only essential cookies required for authentication and functionality. We do not use advertising or tracking cookies. A language preference cookie (NEXT_LOCALE) stores your interface language choice. For details, see the Cookies section of our Privacy Policy.

15. ENDING OUR AGREEMENT

These terms remain in effect while you use our Services. We can deny access to our Services, block IP addresses, terminate accounts, and delete content at any time, for any reason, without notice or liability, except where prohibited by applicable consumer protection law. This includes violations of these terms or applicable laws.

If we terminate your account, you cannot create new accounts under your name, fake names, or others' names. We may also pursue legal action.

16. CHANGES AND INTERRUPTIONS

We can change, modify, or remove our Services' content anytime without notice. We have no obligation to update information on our Services and aren't liable for modifications, price changes, suspensions, or discontinuance.

We can't guarantee our Services will always be available. We may experience technical problems or need maintenance, causing interruptions or errors. We can change, update, suspend, or discontinue our Services anytime without notice. You agree we're not liable for any loss or inconvenience from service unavailability. These terms don't require us to maintain, support, or provide updates for our Services.

17. GOVERNING LAW

These terms are governed by Polish law, excluding the United Nations Convention on Contracts for the International Sale of Goods. If you live in the EU or UK and are a consumer, you also have the protection of the mandatory consumer protection laws of your country of residence, and you may bring consumer protection claims in those courts. Subject to those mandatory rights, you and we agree to submit to the courts of Warsaw, Poland.

18. RESOLVING DISPUTES

Try talking first

Before formal legal action, we agree to try resolving disputes informally for at least 30 days after one party notifies the other in writing.

Arbitration

Disputes that can't be resolved informally will be decided by one arbitrator chosen according to the European Court of Arbitration rules. Arbitration will be in Warsaw, Poland, conducted in English, under Polish law.

Limitations

Arbitration is limited to disputes between you and us individually. No class actions, group arbitrations, or representative proceedings are allowed.

Exceptions

These disputes don't require informal negotiations or arbitration: (a) intellectual property disputes; (b) theft, piracy, privacy invasion, or unauthorized use allegations; and (c) injunctive relief requests. If any part of this arbitration provision is found illegal, that portion won't apply, and such disputes will go to the courts listed above.

If you are a consumer resident in the EEA or the United Kingdom, nothing in these Terms (including this Section) prevents you from bringing legal proceedings relating to these Terms in the courts of your country of residence or from using any mandatory out‑of‑court dispute resolution mechanisms available under the law of your country. In that case, this arbitration clause will apply only to the extent permitted by those laws.

19. CORRECTIONS

Our Services may contain errors, inaccuracies, or omissions in descriptions, pricing, availability, and other information. We can correct errors and update information anytime without notice.

20. NO WARRANTIES

OUR SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE.' YOU USE THEM AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DON'T GUARANTEE OUR SERVICES' ACCURACY, COMPLETENESS, OR RELIABILITY. WE'RE NOT LIABLE FOR: (1) ERRORS OR INACCURACIES; (2) PERSONAL INJURY OR PROPERTY DAMAGE FROM YOUR USE; (3) UNAUTHORIZED ACCESS TO OUR SERVERS OR YOUR PERSONAL/FINANCIAL INFORMATION; (4) SERVICE INTERRUPTIONS; (5) BUGS, VIRUSES, OR MALWARE TRANSMITTED THROUGH OUR SERVICES; OR (6) ERRORS OR LOSSES FROM USING CONTENT. WE DON'T ENDORSE OR GUARANTEE THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED THROUGH OUR SERVICES. USE YOUR BEST JUDGMENT WHEN MAKING PURCHASES.

21. LIMITATION OF LIABILITY

WE AND OUR TEAM WILL NEVER BE LIABLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, OR DATA, EVEN IF WE KNEW THEY WERE POSSIBLE. OUR TOTAL LIABILITY TO YOU IS LIMITED TO THE LESSER OF: (A) WHAT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) €100. SOME LAWS DON'T ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law. In particular, if you are a consumer in the EEA or UK, these Terms do not exclude or limit: (a) your mandatory statutory rights regarding digital services; or (b) our liability, where applicable, for intent or gross negligence or for death or personal injury caused by our negligence. In such cases, the limitations and exclusions in this Section apply only to the extent permitted by the law of your country of residence.

22. YOU'LL PROTECT US

To the extent permitted by applicable law, you agree to defend and protect us (including our team, partners, and employees) from any claims, losses, or expenses (including legal fees) caused by: (1) your use of our Services; (2) breaking these terms; (3) violating your promises in these terms; (4) violating others' rights, including intellectual property; or (5) harmful acts toward other users. We may take over defending any matter you're required to cover, and you'll cooperate with our defense. We'll reasonably try to notify you of such claims.

23. YOUR DATA

We retain operational usage data and logs (such as pseudonymous identifiers, usage counters, timing information, error codes, and technical device information) to manage performance, enforce quotas, and secure the service, as described in our Privacy Policy. This operational data never includes the content of your conversations or your voice recordings. We do not store your conversation content on our servers; voice inputs are processed transiently by our speech‑to‑text provider with zero‑retention enabled. Voice outputs (text-to-speech) may be retained by our providers for a limited period for operational purposes. If you enable Private Memory Sync (described in our Privacy Policy), an end-to-end encrypted snapshot of your companion's memory is stored on our servers; we cannot decrypt it. You are responsible for any locally stored conversation data on your device (e.g., browser storage) and for exporting or preserving it as needed. Once your account is deleted, operational records cannot be restored. We're not liable for any data loss or corruption, and you waive any claims against us for such losses.

24. ELECTRONIC COMMUNICATIONS

Using our Services, emailing us, and filling out online forms are electronic communications. You agree to receive electronic communications from us and that all electronic agreements, notices, and communications satisfy legal writing requirements. YOU AGREE TO ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND RECORDS, AND ELECTRONIC DELIVERY OF NOTICES AND TRANSACTION RECORDS. You waive any rights requiring original signatures or non-electronic records or payments.

25. CALIFORNIA RESIDENTS

If we can't resolve your complaint, California residents can contact the Complaint Assistance Unit of the Division of Consumer Services at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, by phone at (800) 952-5210 or (916) 445-1254.

26. OTHER IMPORTANT STUFF

These terms and our posted policies constitute our entire agreement. Our failure to enforce any right doesn't waive that right. These terms apply to the fullest extent legally possible. We may assign our rights to others anytime. We're not responsible for delays or failures beyond our reasonable control. If any provision is found unenforceable, it's severed but doesn't affect other provisions. These terms don't create a joint venture, partnership, employment, or agency relationship. These terms won't be construed against us for drafting them. You waive any defenses based on the electronic form of these terms.

You represent and warrant that you are not located in a country subject to an E.U. or U.S. Government embargo, and that you are not listed on any government list of prohibited or restricted parties. You agree not to use the Services in violation of any applicable export control laws.

For any notices required under the EU Digital Services Act (DSA), our single point of contact is legal@manessaai.com.

27. USER CONTENT AND AI OUTPUT

You're responsible for all content you provide to our service ('User Input'), including voice inputs and text messages in conversations with AI companions, and retain ownership of it. Don't use our service to generate illegal, harmful, defamatory, obscene, harassing content or content that violates others' rights. Don't try to bypass our AI safety features or content filters. We can refuse service, terminate accounts, or remove content that violates these restrictions.

Our service provides AI-generated responses and content ('AI Output'), including text and synthesized voice. While we aim for accuracy and appropriateness, AI Output is automated and may contain errors, inaccuracies, or offensive material. We do not train our AI models on user data. Your conversations are used to deliver the immediate response, though third-party providers may retain operational data for a limited period as described in our Privacy Policy. Verify any information independently before relying on it, as AI Output is for entertainment and general information only.

You may use AI Output for your own personal or commercial purposes, but you're solely responsible for ensuring your use is lawful and doesn't infringe others' rights. These Terms do not grant you any rights in our Services, software, models, or brands, and you may not resell, sublicense, or provide our Services to others as an AI service or use them to create a competing product. We disclaim liability for harm from your use of AI Output.

Third-party services provide our AI technology. We make no guarantees about their availability or performance. Our liability is limited to our direct actions and doesn't extend to underlying AI model performance.

28. CONTACT US

To resolve complaints or get more information about our Services, contact us at: