Terms of Service

Effective Date: 1 June 2025, Last updated: 25 May 2025

These Terms of Service (“Terms”) govern your access to and use of the ChatNow Web application (“Service”), provided by Tappz GmbH ("ChatNow", “we”, “us”, “our”), a company incorporated in Grünwald, Germany, registered at the Commercial Register of the Local Court of Munich (HRB 287631), with its principal address at Ludwig‑Ganghofer‑Straße 1, 82031 Grünwald, Germany, and website www.tappz.com.

ChatNow Web enables end‑users to interact with multiple third‑party and proprietary artificial‑intelligence (“AI”) models through a single chatbot interface. By accessing or using the Service, you agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree, you must not use the Service.

Where you use ChatNow on iOS, iPadOS or macOS devices, the separate ChatNow App Terms & Conditions (https://www.iubenda.com/terms-and-conditions/27023519) apply and prevail in the event of conflict.

1. Definitions

“Account” means the credentials associated with a unique user profile that permit access to the Service.
“AI Output” means any text, image, code or other content generated by an AI model via the Service.
“Content” means any data, prompts, files or materials uploaded, submitted, transmitted, generated or displayed through the Service, including AI Output.
“Consumer” has the meaning set out in Article 2(1) of Directive 2011/83/EU on consumer rights.
“EU AI Act” means Regulation (EU) 2024/1680 of the European Parliament and of the Council of 21 May 2024 laying down harmonised rules on artificial intelligence.

2. Eligibility & Account Registration

You must be at least 16 years old (or the minimum digital‑consent age in your country, if higher) to create an Account. By registering, you represent that you have the legal capacity to enter into a binding contract in your jurisdiction. Where you use the Service on behalf of a business, you affirm that you have authority to bind that entity, and “you”will refer to the entity.

3. Subscription Plans, Fees & Taxes

3.1 Free & Paid Tiers

We may offer a free tier with usage limits and one or more paid subscription plans. Plan particulars (price, token limits, support level, etc.) are disclosed at purchase and form part of these Terms.

3.2 Billing

Fees are payable in advance and are non‑refundable except as required by law or expressly stated herein. We may change prices with at least 30 days’ prior notice via email or in‑product messaging.

3.3 Consumer Withdrawal Right

If you are a Consumer residing in the European Economic Area (“EEA”), you have 14 days after the conclusion of the contract to withdraw without giving any reason, pursuant to Articles 9–16 of Directive 2011/83/EU. Where the Service has already been fully performed within the withdrawal period, you acknowledge that you lose the right of withdrawal.

4. Licence & Intellectual Property

4.1 Our IP

We and our licensors retain all intellectual‑property rights in the Service, including software, documentation, trademarks and data sets. No rights are granted except as expressly set out.

4.2 Your Content

You grant us a worldwide, non‑exclusive, royalty‑free licence to use, reproduce, display, host, store, modify and translate your Content solely to operate, maintain, improve and provide the Service. You represent that you have all rights necessary to grant this licence.

4.3 AI Output

Subject to these Terms and applicable law, and solely as between you and us, we assign to you all of our rights, title and interest (if any) in AI Output, without warranty that such AI Output is non‑infringing or capable of protection under intellectual‑property law.

You acknowledge that AI Output may be similar or identical to content provided to other users. We do not treat prompts as confidential. Do not submit confidential or personal data you do not wish to be processed.

5. Acceptable Use

You shall not (a) use the Service in violation of any law or regulation; (b) upload or generate illegal, harmful, infringing, defamatory or discriminatory content; (c) attempt to exploit vulnerabilities; (d) reverse engineer or scrape the Service; or (e) use AI Output in prohibited or high‑risk scenarios under the EU AI Act unless you have performed the required conformity assessment and human‑oversight measures.

We may suspend or terminate your access immediately if we reasonably believe you have breached this Section.

6. Data Protection & Security

6.1 GDPR & BDSG

Tappz acts as controller for personal data processed to provide the Service and complies with Regulation (EU) 2016/679 (“GDPR”) and the German Federal Data Protection Act (“BDSG”).

6.2 Data Transfers

We rely on adequacy decisions, standard contractual clauses or other lawful mechanisms for cross‑border transfers outside the EEA. Details are in our Privacy Policy.

6.3 Data Processing Agreement

Where you (a business customer) process personal data via the Service, the parties shall enter into our standard Data Processing Agreement complying with Article 28 GDPR.

7. AI System Compliance

We design and deploy the Service under a risk‑management framework aligned with the EU AI Act and the forthcoming General‑Purpose AI Code of Practice.

However, you remain solely responsible for ensuring that your use of AI Output meets all sector‑specific regulatory requirements (e.g., medical, financial or employment laws) and does not infringe third‑party rights.

8. Third‑Party Services & Open‑Source Components

The Service interoperates with third‑party AI APIs (e.g., OpenAI, Anthropic, open‑source LLMs). Your use of such models is subject to the respective providers’ terms and policies. We are not responsible for third‑party services.

Open‑source components included in the Service are licensed under the applicable open‑source licences, copies of which are available upon request.

9. Updates & Beta Features

We may periodically update the Service to improve performance, enhance security or introduce new functionalities. Planned maintenance will be announced in advance when practicable. We may also introduce experimental features (“Betas”) identified as such; Betas are provided as is and may be discontinued at any time without notice or liability.

10. Warranty Disclaimer

THE SERVICE AND AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND ACCURACY OF AI OUTPUT. AI TECHNOLOGY IS PROBABILISTIC AND MAY GENERATE INACCURATE OR OFFENSIVE CONTENT. YOU SHOULD INDEPENDENTLY REVIEW ALL AI OUTPUT BEFORE RELYING ON IT.

11. Limitation of Liability

To the maximum extent permitted by law, Tappz and its affiliates shall not be liable for (a) any indirect, incidental, special or consequential damages; (b) loss of profits, revenues, data, goodwill or anticipated savings; or (c) aggregate liability exceeding the greater of (i) €100 or (ii) the amounts you paid to Tappz in the 12 months preceding the claim. Nothing in these Terms excludes liability for death, bodily injury or intentional misconduct.

12. Indemnification

You will defend and indemnify Tappz against any third‑party claim arising from (a) your Content, (b) your breach of these Terms, or (c) your violation of applicable law.

13. Export Control & Sanctions

You must comply with all applicable export‑control and sanctions laws of the EU, U.S. and other jurisdictions. You may not use the Service if you are located in, or are a national or resident of, a country subject to comprehensive sanctions, or if you are on any restricted‑party list.

14. Term & Termination

These Terms remain in effect until terminated. You may terminate at any time by deleting your Account. We may terminate or suspend your access with notice (or immediately in case of material breach) and will provide a pro‑rata refund for prepaid unused Fees where required by law. Upon termination, Sections 4–15 survive.

15. Governing Law & Dispute Resolution

15.1 Consumers

If you are a Consumer residing in the EEA, mandatory consumer‑protection laws of your residence apply and you may bring proceedings in your local courts.

15.2 Business Users

For all other users, these Terms are governed by German law, excluding conflict‑of‑laws rules, and disputes shall be resolved by the courts of Munich, Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

16. Changes to the Service & Terms

We may modify the Service or these Terms to reflect changes in technology, legislation or business operations. We will notify you at least 30 days before material changes take effect, giving you the opportunity to terminate before the effective date. Continued use after changes take effect constitutes acceptance.

17. Contact

Tappz GmbH
Attn: Legal
Ludwig‑Ganghofer‑Straße 1
82031 Grünwald, Germany
Website: www.tappz.com