Terms and Conditions

Welcome to Yazo!

These Terms and Conditions apply to your access and use of the Yazo application (hereinafter: Service), provided by Frappé, obrt za usluge, Sv. Nikole Tavelića 17, Zagreb, Republic of Croatia (hereinafter: Service Provider).

In addition to these Terms and Conditions, your use of the Service is also subject to the Privacy Policy and the Service Use Policy.

 

I. Registration and Service Access

To access the Service, you must be at least 16 years old.

If you are under 18 years of age, you must have the permission of your parent or legal guardian to use the Service.

If you use the Service on behalf of another person or legal entity/entity, you must have the authority to accept the Terms on their behalf.

In order to register an account, it is mandatory to provide accurate and complete information. You agree to keep the information up to date and promptly update any changes. Providing false, outdated or incorrect information discharges the Service Provider from any liability for damages that would consequently arise for the applicant of false, outdated or incorrect information.

If you create a customer account on behalf of a company, organization or other entity, then "you" includes you, that entity and associated authorized users. You, as the customer account owner, are responsible for managing and controlling the access of authorized users accessing your account. As the account owner, you also reserve the right to terminate access to the Service to authorized users within your account and to change their associated data and permissions.

You must not make your access credentials/passwords available to other persons or others outside your organization. You are solely responsible for all activities performed on your account. You must notify us immediately after you learn of any security breach or unauthorized use of your account.

 

II. Service Use and Limitations

Use of the Service

The Service Provider grants you and authorized users a limited, non-transferable and non-exclusive right to access and use the Service in accordance with these Terms.

The use of the Services is subject to compliance with applicable laws and these Terms. Use of the Services contrary to these Terms may result in the termination or limitation of your and authorized user’s rights to access and use the Services.

Limitations of Service use

It is forbidden to:

The limitations of use are further described in the document Service Use Policy.

Fair Use Policy (FUP)

In order to provide Service to all users at a high level of quality, we maintain Fair Use Policy. If you do not agree with our Fair Use Policy, please do not use the Service.

Fair use policy includes measures aimed at preventing excessive use of the Service. These measures include introduction of infrastructural restrictions upon exceeding the threshold (limit) of the fair amount of resources allocated to each user every month.

If we determine that you are not complying with the Fair Use Policy, we may lock your account and issue you a warning. Further non-compliance may result in account suspension or cancellation, at our sole discretion.

The measures and restrictions are further described in the document Fair Use Policy.

Third party services/OpenAI

Any software, services or other products of third parties that you use in connection with the Services are subject to their own terms and the Service Provider is not responsible for third party products.

The Service Provider emphasizes that the Service is based on the OpenAI API, and by using the Service you are deemed to have accepted the terms of use of OpenAI. The Service Provider certainly suggests that you familiarize yourself with the terms of use of OpenAI at the following link.

Using the Service in a way that violates the terms of use of OpenAI may result in the limitation or termination of your right to use the Service, and may also result in your liability to the Service Provider and/or OpenAI.

Feedback

All feedback, comments, ideas, suggestions and improvements that the Service Provider receives from you may be used by the Service Provider without limitation or compensation.

 

III. Content

Your Content

The Service allows you to enter content into the service (“Input”) based on which Input the Service generates and returns output content (“Output”). Input and output are collectively reffered to as “Content”.

To the extent permitted by applicable law, you are deemed to own all Inputs.

By accepting these Terms of Use, authorized users acknowledge and agree that the owner of the user account is also the owner of all Inputs, and that the Terms guarantee the owner many choices and control over the Inputs.

With respect to the Output, and subject to your compliance with these Terms, the Service Provider grants and establishes in your favor all rights, title and interest. This implies that you can use the Content for any purpose, including commercial purposes such as selling or publishing, provided that you comply with these Terms. Your right to Output is not exclusive, and the Service Provider is authorized to use the Output without limitation and for any purpose.

The Service Provider may use the Content to provide and maintain the Services, comply with applicable law and enforce these Terms and related rules.

For the avoidance of doubt, you and the authorized users are responsible for the Content, including for ensuring that the Content does not violate applicable laws and regulations or these Terms.

Content Similarity

Due to the nature of machine learning, the Output may not be unique for all users and the Service may generate the same or similar Output for multiple users.

Responses requested by other users and generated for them are not considered your Content.

Use of Content to Improve the Service

We may use Content from the Service to help develop and improve our Services.

Your Input will be used to improve the Service with your exclusive consent.

Please note that limiting the use of your Content may, in some cases, limit our services’ ability to better respond to your specific use case.

Authorized users are obliged to respect the decision of the customer account owner if they give consent to use the Content to help improve the Service.

Accuracy, Truthfulness, Appropriateness and Suitability of Content

The Service Provider expressly states that it does not guarantee, nor should the user expect, the accuracy and truthfulness of the Output and Content, nor the appropriateness and/or suitability of the Content for achieving a specific purpose or goal.

Artificial intelligence and machine learning are rapidly developing areas of study. Given the probabilistic nature of machine learning, using the Service may in some situations result in inaccurate or untrue results that do not accurately reflect real people, places or facts.

It is your obligation to assess the accuracy and truthfulness of any Output in each specific case.

 

IV. Subscription, Fees and Payments

Fees, Billing and Subscription Plans

The fee for the services is paid in advance for exactly specified credits expressed in the amount of words/characters of Content that the Service generates and in-app currencies (hereinafter "Yazo Credits").

The fee is paid according to the applicable prices and terms stated here or otherwise if expressly agreed in writing.

We offer different subscription plans with varying features and word/character limits of Content that the Service generates. In addition to subscription plans with a recurring fee, we also offer lifetime subscription plans, where the term "lifetime" means the period of time for which the Service Provider will be able to provide the Service, and not the lifetime of user of the Service.

By subscribing to our Service, you authorize the immediate transfer of funds from your account at the time of subscription.

Each subscription plan, except for lifetime subscription plans, has a monthly or annual recurring fee, which grants access to the Service for the duration of the subscription period.

After the completion of each monthly billing cycle, Stripe will automatically renew the subscription and charge the corresponding fee to your account. The subscription fee is billed in advance and is non-refundable unless otherwise stated.

The word/character limit and the amount of Yazo Credits associated with each subscription plan determines the number of words and the amount of Content you can generate within a billing cycle.

Additional usage beyond the word/character limit may incur additional charges or require an upgrade to a higher subscription plan.

You may cancel your subscription at any time, and the cancellation will take effect at the end of your ongoing billing cycle.

We reserve the right to terminate or suspend your subscription without prior notice if you violate these Terms and Conditions.

Limitation of Liability and Termination

Please be advised that the management of your subscription settings rests solely with you. We explicitly disclaim any responsibility for your lack of awareness or inattention in this regard.

You are required to autonomously initiate the cancellation of your subscription through your account settings should you choose not to proceed into the subsequent month. Upon your request, existing subscriptions will be promptly terminated, with continuation until the conclusion of the ongoing billing cycle.

If your payment cannot be processed, we will send you a written notice following which we may limit or suspend access to the Services until full payment is received.

Payment Method

Fees are paid in EUR and USD. Payments are non-refundable, unless otherwise specified by these Terms or a separate agreement between the parties.

We accept various payment methods through an external service provider Stripe. By using the Services, you agree to be bound by Stripe’s Service Agreement available at https://stripe.com/en-hr/legal/ssa. All information you provide in connection with a purchase or financial transaction must be accurate, complete and current.

Taxes

Unless otherwise stated, fees do not include federal, state, local and foreign taxes, duties and other similar assessments (“Taxes”).

You are responsible for all taxes associated with your purchase, excluding taxes based on our net income.

Price changes

We may change our prices by posting a notice on our website.

Price increases take effect immediately after they are posted. Any price changes will apply to the fees charged to your account immediately after the date the changes take effect.

Disputes and Late Payments

If you wish to dispute any invoice, you are obliged to contact the Service Provider no later than fourteen (14) days from the date of the disputed invoice.

In case of unpaid and due amounts of the fee, default interest applies.

In case of delay in payment, the Service Provider reserves the right to suspend your access and authorized user’s access to the Services.

Free use (trial period)

You may not create more than one account to benefit from the free credits provided in the trial period of the Service. If we believe that you are not using the free credits in good faith, we may charge you a standard fee or stop providing you with access to the Services.

 

V. Confidentiality, Security and Data Protection

Confidentiality

By accessing the Service, you may access Confidential Information of the Service Provider and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential information means non-public information that the Service Provider or third parties (OpenAI) designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other non-public business information.

Confidential information does not include information that:

You may disclose Confidential Information when required by law or the valid court or other governmental authority if you provide reasonable prior written notice to the Service Provider and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure request, in each case where possible.

Security

You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact the Service Provider and provide details of the vulnerability or breach.

Processing of Personal Data

If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data.

 

VI. Term and Termination

Entry Into Force, Term and Termination

These Terms enter into force upon your acceptance during registration and remain in force until cancellation or termination.

You may cancel these Terms at any time by discontinuing use of the Service and/or deleting your account.

Termination

The Service Provider may terminate these Terms for any reason with a notice period of 30 days.

The Service Provider may terminate these Terms without notice

After termination, you shall stop using the Services and immediately return or, according to our instructions, destroy all Confidential Information.

Sections III and V-X of these Terms that by their nature should survive termination or cancellation, as well as all other provisions of these Terms that are legally capable of doing so, shall remain in effect after termination or cancellation of these Terms.

 

VII. Disclaimer of Warranties and Limitation of Liability

Disclaimer of Warranties

Except as prohibited or limited by law, the Service Provider makes no warranties (express, implied, statutory, or otherwise) with respect to the Service, and expressly disclaims any warranty that the Service will be suitable for any intended use, personal or commercial.

The service provider does not warrant that the Service will be uninterrupted or error-free, or that any Content will be secure or complete.

The Service Provider expressly disclaims any warranty for any Content or other information stored in the Service.

Exclusion and Limitation of Liability

Under no circumstances and to the maximum extent permitted by law, shall the Service Provider be liable for any indirect, incidental, special, or consequential damages, including damages for lost profits, loss of goodwill, loss due to unauthorized use of your data or loss/destruction of your data.

The total liability of the Service Provider under these Terms for each individual damage event shall not exceed the total amount paid for the Service in the preceding 12 months before the obligation arose or 100 EUR (100 Euros), whichever is greater. The limitations in this section apply only to the maximum extent permitted by applicable law.

Indemnification and Service Provider Discharge of Liability

In the event that the Service Provider incurs any obligation, loss, expense (including attorney’s fees) arising out of or related to your use of the Service, including your Content, products or services that you develop or offer in connection with the Services that result in a violation of these Terms or a violation of applicable laws, you agree to take all necessary actions to defend and/or release the Service Provider from liability and to compensate for any damages related to such obligation, loss or expense.

 

VIII. Consumer Notice

Applicable legislation (Consumer Protection Act) provides the following:

A consumer who has entered into a distance contract has the right, without stating reasons for doing so, to unilaterally terminate the contract within 14 days.

In the case of a service contract, as well as in the case of a contract whose subject matter is digital content that is not delivered on a tangible medium, the deadline for unilateral termination of the contract (14 days) begins to run from the day of conclusion of the contract.

If, however, notice of the right to unilateral termination is given within 12 months, the right to unilateral termination shall cease upon expiry of the period of 14 days from the day on which the Consumer receives that notice. The Consumer shall notify the trader/Service Provider of his decision to terminate the contract by e-mail to [email protected] before the expiry of the term for unilateral termination.

The Service Provider shall provide confirmation of receipt of notice of unilateral termination without delay by electronic mail.

If the User unilaterally terminates this Agreement, the Service Provider shall refund the money if applicable, without delay, and no later than 14 days from the date on which the decision on unilateral termination of the contract was received. The User shall bear the cost of a refund unless it is due to Service Provider’s responsibility. The refund will be made in the same way as payment was made.

In accordance with the Consumer Protection Act, the Consumer does not have the right to unilateral termination of the contract if:

• the service contract has been fully performed by the trader/Service Provider and performance has begun with the express prior consent of the Consumer and with their confirmation that they are aware that they will lose the right to unilateral termination of the contract from this section if the service is fully performed.

 

IMPORTANT

Due to the nature of the services provided through the Service (the subject of the service is access to the Yazo service, and the contract is deemed performed at the moment of access to the service), you will not have the possibility or right to unilateral termination of the contract after payment of the credit and the start of Service use.

 

IX. Dispute Resolution

These Terms and their interpretation shall be governed by the laws of the Republic of Croatia.

All disputes arising from this Agreement or in connection with it, including disputes relating to issues of its valid concluding, breach or termination, as well as legal effects arising therefrom, the Parties undertake to first attempt to resolve through negotiations. In the event that the Parties fail to resolve the dispute through negotiations, they undertake to attempt to resolve it through mediation proceedings before the Mediation Center of the Croatian Mediation Association, Zagreb, Kneza Mislava 12 within 60 days from the beginning of mediation. The 60-day period may be extended by mutual agreement of the Parties. Before the end of mediation, the Parties may not initiate court proceedings.

The Parties agree that, in the event that they do not reach a settlement in mediation, their dispute will be resolved by a competent court in Zagreb.

 

X. Other

Use of trademarks and other intellectual property

You may not use the names, logos or trademarks of the Service Provider or OpenAI or any of its affiliates without the express prior written consent.

Violation of intellectual property rights

If you believe that your intellectual property rights have been violated, please send a notice to [email protected].

Transfer of rights and obligations from the Terms

The transfer of rights and obligations specified in these Terms to third parties (including affiliates) is not permitted without the express permission of the Service Provider. The transfer of rights and obligations specified in these Terms without the consent of the Service Provider shall be deemed null and void.

The Service Provider may transfer rights and obligations under these Terms without limitation.

Change of Terms

From time to time, we may amend these Terms by posting a revised version on the website.

If changes to these Terms would negatively affect your rights or obligations under the Terms, we will notify you by sending an email associated with your account and/or providing notice within the Service.

These changes take effect no later than 30 days after we notify you.

All other changes that would not negatively affect your rights and obligations take effect immediately.

To avoid doubt, any further use of the Services by you after any change to the Terms shall be deemed acceptance of the amended Terms.

Notices

All important notices between you and the Service Provider must be in writing.

We may notify you using the registration data you provided or the email address associated with your use of the Services.

Delivery of notices shall be deemed to have been made on the date of receipt if delivered by email or on the date sent by courier if delivered by mail.

Service Provider Contact information:

Frappe, obrt za usluge
Sv. Nikole Tavelića 17, Zagreb,
Republic of Croatia