Terms and Conditions

Last updated: April, 2025

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the aida smart assistant and note-taking application, our website, and any related services (collectively, the "Services"). By downloading or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms or the Privacy Policy, you must not use the Services.

The Services are provided by aida (operated by a business based in Germany, referred to as aida," "we," or "us"). In these Terms, "you" or "User" refers to the individual using the Services. These Terms form a binding legal agreement between you and aida.

Please read these Terms carefully. We may update these Terms from time to time as described in the Changes section below. The current version of the Terms will always be available within the app or on our website. By continuing to use the Services after changes to the Terms are posted, you accept the updated Terms.

2. Eligibility and Accounts

Age Requirement: You must be at least 16 years old (or the minimum age required by laws in your country for us to lawfully provide the Services to you without parental consent) to use the aida Services. By using the Services, you represent that you meet this age requirement. We do not knowingly allow children under 16 to use the Services.

User Accounts: In order to access certain features, you may need to create an account or sign in via a third-party account. You can sign up with an email and password or use a supported single sign-on provider (such as Sign in with Apple or Google Sign-In). You are responsible for providing accurate, current information during registration and for keeping your login credentials secure. You agree not to share your account credentials or let others access your account. You are responsible for all activities that occur under your account.

Third-Party Account Sign-In:If you choose to sign in via Apple or Google, you must comply with those providers' terms as well. For example, Apple's and Google's terms and policies will apply to the authentication process. We are not responsible for the accuracy of data obtained from Apple or Google during sign-in (such as your display name or email address).

Account Security: You must notify us immediately at aida-support@pixibase.app if you suspect any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.

Account Deletion: You may delete your aida account at any time through the account settings in the App. Deleting your account will remove your personal data and content from our active systems as described in our Privacy Policy (subject to data retention obligations). Once deleted, your account and data cannot be recovered.

Previous Bans: By registering for an account, you confirm that you have not previously been banned or had your account terminated for violating these Terms. We reserve the right to reject new accounts created by users previously removed for misconduct.

3. Services and Usage

License to Use: Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the aida App on your devices and to access the Services for your own personal, non-commercial use. All rights not expressly granted to you are reserved by aida and its licensors.

Service Features: aida is an AI-powered smart assistant and note-taking app. The Services may allow you to create, upload, and store notes and messages, and to receive AI-generated content such as summaries or suggestions. We strive to keep the Services operational and accessible, but we do not guarantee any specific level of uptime or functionality. Certain features may only be available with an internet connection. You acknowledge that the quality and responsiveness of AI features depend on network access and third-party AI providers, and delays or errors may occur.

Updates and Changes: We may release updates, improvements, or new features for the App from time to time. You may need to update the App to continue using the Services. We reserve the right to change, suspend, or discontinue any part of the Services at any time, including the availability of any feature or content. We will endeavor to inform users of major changes in advance (for example, via an in-app notification or email), but we are not obligated to maintain any specific feature or support any older version of the App.

Device Requirements:Using the App may require a compatible device, internet access, and certain software. Your ability to use the Services may be affected by the performance of these factors. You are responsible for any internet or mobile charges you incur when accessing the Services. If you use the App on a mobile network, your network provider's data and messaging rates and fees may apply.

No Emergency Services: The aida App is not a replacement for any telephone, text messaging, or other communication service used for contacting emergency services. You must not rely on the App for emergency help (e.g., calling law enforcement, medical care, or fire services).

4. User Content and Data

Your Content: aida allows you to input and save content such as text notes, messages, attachments, and other materials ("User Content"). You retain all rights to the User Content that you create or upload. We do not claim ownership of your personal notes or other content. These Terms do not grant us any ownership over your content; rather, you grant us a limited license to use your content solely for providing and maintaining the Services.

License to aida: By uploading or creating User Content, you grant aida and its processors a worldwide, non-exclusive, royalty-free license to host, reproduce, store, and display that content solely for providing and improving the Services. This includes processing through AI partners (e.g., OpenAI) and syncing across devices. We do not share or use your content for advertising or promotional purposes without your consent. We do not claim ownership of your content.

User Content Responsibilities: You are solely responsible for any User Content that you create, upload, or share using aida. This means that you must ensure you have all necessary rights to that content and that it does not violate any law or these Terms. **Do not upload or store any content that is illegal, defamatory, infringing, or that contains malicious code**. Although we have no obligation to monitor User Content, we reserve the right to remove or disable access to any content for any reason, including if we believe, in our sole discretion, that it violates these Terms or applicable law.

Data Privacy: Your personal data and User Content are handled in accordance with our Privacy Policy. Please review the Privacy Policy to understand how we collect, use, and protect your information. By using the Services, you acknowledge that your personal data and content will be processed as described in the Privacy Policy.

5. AI Features and Generated Content

aida's Services include AI-powered features that can generate content (such as text summaries, answers, images, videos, or suggestions) based on the input you provide. While we strive to make the AI assistant helpful and accurate, **you understand and agree that AI-generated content is provided "as is" for informational purposes only**. The AI may produce inaccurate, incomplete, or inappropriate responses on occasion. You should not rely solely on AI outputs for important decisions or advice.

AI Content Ownership:To the extent permitted by law, you will own the content generated by the AI based on your prompts, just as you own other User Content. We waive and assign to you any rights we may have in the AI-generated output. However, the AI's responses are generated automatically and may include information from third-party sources or the public domain. **We cannot guarantee that AI-generated content will be free from third-party intellectual property or other rights**. You are responsible for how you use any AI-generated text or images, including ensuring that your use does not violate any laws or third-party rights.

AI Content Use and Disclaimer: By using the AI features, you acknowledge that: (a) the AI might occasionally produce offensive, biased, or factually incorrect content; (b) aida is not responsible for content generated by the AI, and such content does not reflect the views or opinions of aida; (c) you will use AI-generated content in a lawful manner and in compliance with these Terms. If you find any output to be problematic or in violation of these Terms, please disregard it and feel free to report it to us at aida-support@pixibase.app.

Future AI Features: aida may integrate additional AI functionalities in the future, such as AI-based image generation or calendar scheduling suggestions. We will update these Terms and the Privacy Policy accordingly to explain any new data processing or user responsibilities associated with those features. Your use of any new AI feature will be subject to the updated terms at that time, and we will seek your consent where necessary.

Fair Use Notice: Use of AI features is subject to fair usage policies. If we detect excessive use beyond what is typical for an average user, we may temporarily limit or suspend access to premium features to protect system performance. This decision will be made at our sole discretion.

6. Acceptable Use Policy

When using aida, you agree to comply with the following rules and any applicable laws. **You must NOT**:

We reserve the right to investigate and take appropriate action (including terminating accounts or reporting to law enforcement) for any suspected violation of this Acceptable Use Policy. Your use of aida must at all times be respectful of others and compliant with these Terms.

Commercial Restrictions: You may not use the Services to provide paid services, resell access, or publicly display AI outputs or content from the App without prior written permission from aida. All usage must remain personal and non-commercial.

7. Premium Services and Payments

The aida App may offer premium features or subscriptions ("aida Premium") that provide access to additional functionalities or content. If you choose to subscribe to aida Premium or make any purchase in the App, the following terms apply:

Your purchase and use of aida Premium are also subject to any additional terms presented to you at the time of purchase. We strive to clearly communicate all costs and terms for premium content so you know what you're paying for.

8. Right of Withdrawal (EU Consumers)

If you are an individual resident of the European Union, you may have a legal right to withdraw from a paid subscription within 14 days without providing a reason. To exercise this right, you must notify us in writing (email is sufficient) within the withdrawal period.

If you withdraw, we will refund any payments received for the subscription within 14 days using the same payment method. If you requested the service to begin during the withdrawal period, you may be required to pay for the portion of the service provided up to the time you exercised the withdrawal.

You may submit your withdrawal notice to: aida-support@pixibase.app

9. Intellectual Property Rights

aida Materials: The Services, including all content, information, software, text, displays, images, video, and audio provided by aida (collectively, "aida Materials"), are owned by aida or our licensors and are protected by copyright, trademark, and other intellectual property laws. aida and its associated logos and names are trademarks of aida and must not be used without our prior written consent.

Limited License: Except for your own User Content, all aida Materials are licensed, not sold, to you. You may use aida Materials only as necessary for your personal use of the Services and in accordance with these Terms. You may not copy, modify, distribute, publicly display, publish, or create derivative works from any aida Materials **without our express prior permission**, unless such actions are legally permitted (for example, by fair use rights).

Feedback: If you send us any feedback, suggestions, or ideas regarding aida or the Services, you agree that we may use, modify, and incorporate those suggestions without any restriction or compensation to you. Any feedback you provide is entirely voluntary, and we may use it for any purpose.

Third-Party IP: We respect intellectual property rights and expect you to do the same. If you believe that any content in the App infringes your copyright or other IP rights, please notify us with details, and we will investigate and respond in accordance with applicable law (such as the Digital Millennium Copyright Act (DMCA) in the United States).

10. Termination and Suspension

By You: You may stop using the Services at any time. You may also delete your account as described above if you wish to terminate your agreement with aida. We hope you enjoy the service, but you can leave whenever you like. Please note that uninstalling the App or ceasing to use it will not automatically cancel any active subscriptions – be sure to cancel your subscription via the Provider to stop future charges.

By aida: We may suspend or terminate your access to the Services (or terminate this agreement) at our discretion, with or without notice, if: (a) you violate any provision of these Terms or our Privacy Policy; (b) we are required to do so to comply with a legal requirement or court order; (c) we reasonably suspect fraud, abuse, or misuse of the Services by you; or (d) we decide to discontinue the Services entirely. We will make reasonable efforts to notify you of the reason for termination or suspension, either beforehand or afterward, unless we are legally prohibited from doing so.

Effect of Termination: Upon termination of your account or this agreement for any reason, your rights to access and use the Services will immediately end. You must cease all use of the App and Services, and we may delete or disable access to your account and content. Sections of these Terms that by their nature should survive termination (such as intellectual property rights, disclaimers, limitations of liability, governing law, etc.) will remain in effect after your access to the Services ends.

No Liability for Termination: aida shall not be liable to you or any third party for termination of your access to the Services in accordance with these Terms. If your account is terminated due to a violation of these Terms, you are not entitled to any compensation or remedy (such as a refund for unused subscription time), except where required by law.

11. Disclaimers

"AS IS" and "AS AVAILABLE": The aida Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. While we strive to provide a great service, we make no warranty or representation that the Services will meet your expectations or requirements, that they will be uninterrupted, secure, or error-free, or that any information or results obtained through the Services will be accurate or reliable.

No Implied Warranties: To the fullest extent permitted by applicable law, aida disclaims all warranties of any kind, whether express or implied, regarding the Services and their performance. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise during the course of dealing or usage of trade.

Not Professional Advice: Any content or information accessed through the Services, including AI-generated responses, is for **general informational purposes** only. aida is not a licensed professional in healthcare, law, finance, or any other regulated field. **Nothing provided by the Services should be taken as medical, legal, financial, or professional advice.** Always consult a qualified professional for advice in these areas. You acknowledge that any reliance on information from the Services is at your own risk.

Third-Party Services: aida may rely on third-party services and providers (such as cloud hosting, AI processing from OpenAI, or authentication by Google/Apple) to operate the App. While we choose our providers carefully, we have no control over and make no guarantees about the services provided by third parties. We are not responsible for any downtime, errors, or data loss caused by third-party actions or systems. Additionally, the App may contain links or integrations to third-party websites or services; we are not responsible for the content or practices of those third parties, and using them is at your own discretion and risk.

Some jurisdictions do not allow the exclusion of certain warranties. **If applicable law requires warranties with respect to the Services, all such warranties are limited in duration to ninety (90) days or the minimum period allowed by law.** Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

Health & Wellbeing Disclaimer: aida is not a licensed medical or mental health provider. Any scheduling, productivity, or personal advice generated by the Services is intended for general informational purposes only and is not a substitute for professional guidance.

12. Limitation of Liability

To the fullest extent permitted by law, in no event will aida, its affiliates, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, damages for personal injury, pain and suffering, emotional distress, lost profits, lost data, business interruption, or other intangible losses arising out of or related to your use of (or inability to use) the Services, regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, aida's total liability to you for all claims arising out of or relating to these Terms or the use of the Services, **regardless of the form of the action**, will not exceed the total amount (if any) that you have paid to us for the use of the Services in the 12 months immediately preceding the event giving rise to the claim. If you have not paid anything to aida in that time, our liability to you shall be zero.

Exceptions:Nothing in these Terms limits or excludes our liability for gross negligence, willful misconduct, or fraud, or for death or personal injury caused by our negligence to the extent such liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, portions of the above limitations may not apply to you, and instead, aida's liability will be limited to the **maximum extent permitted by law**.

You acknowledge and agree that the limitations of liability set out in this section are a fair allocation of risk and an essential element of the bargain between you and aida, and that in the absence of such limitations the pricing and availability of the Services would be different.

13. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless aida, its parent company, affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Services; (b) your User Content; (c) your violation of these Terms or any law or regulation; or (d) your infringement of any intellectual property or privacy rights of any person. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claims. You will not settle any claim that affects aida without our prior written approval.

This indemnity obligation will survive the termination of your relationship with aida and your use of the Services.

14. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or the use of the Services are governed by and construed in accordance with the laws of Germany, **without regard to its conflict of law principles**. However, if you are a consumer resident outside of Germany, you may also be entitled to the protection of the mandatory consumer protection provisions of your country of residence.

You and aida agree that all disputes arising under or related to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Berlin, Germany, unless applicable law provides that a different jurisdiction is entitled to hear the dispute. Notwithstanding the foregoing, aida may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or stop infringement of intellectual property rights or misuse of the Services.

If you are using the Services as a consumer within the European Union, you may have the right to submit a dispute for online resolution to the European Commission Online Dispute Resolution platform (if applicable in the future). However, we prefer to address your concerns directly and encourage you to contact us to resolve any issues.

15. Changes to These Terms

We may modify or update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on our website or within the App and updating the "Last updated" date at the top. In some cases, we might provide additional notice, such as via email or in-app notification.

It is important that you review any changed Terms. **By continuing to use the Services after the new Terms become effective, you agree to be bound by the revised Terms.** If you do not agree to the updated Terms, you should stop using the Services and delete your account.

15. Miscellaneous

Entire Agreement: These Terms (together with the Privacy Policy and any additional terms you agree to when using specific features or promotions) constitute the entire agreement between you and aida regarding the Services and supersede any prior agreements or understandings between us.

Waiver and Severability: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

Transfer of Rights: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets, or by operation of law or otherwise. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Contact Information: If you have any questions, concerns, or feedback about these Terms or the Services, please contact us at aida-support@pixibase.app. We will do our best to address your inquiry promptly.

Thank you for using aida. We hope our app helps you take better notes and boost your productivity with the power of AI!