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Terms of Service for helpmee.ai

Last updated: March 6, 2024

Welcome to helpmee.ai, the personal project of Tim Tanida, a dedicated freelancer based in Spain. With a passion for technology and innovation, I've created helpmee.ai to empower users by providing accessible, AI-driven solutions for technical and computer-related challenges. As a solo entrepreneur, I am committed to delivering high-quality service and continuous improvement. Thank you for choosing helpmee.ai - I look forward to supporting your journey towards tech-savviness.

By accessing or using the website (https://helpmee.ai), you agree to be legally bound by the following terms and conditions (the "Terms"), which form an agreement between you and Tim Tanida, the individual operating the helpmee.ai website, henceforth referred to as "helpmee.ai", "we", "us", or "our". If you do not agree to all Terms, then you are expressly prohibited from accessing the website or using any services provided through the website (all together, "Services") and must discontinue use immediately. These Terms apply to all users of the site, including without limitation users who are browsers, subscribers, and/ or contributors of content.

Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.

Services Description


helpmee.ai is a subscription-based software-as-a-service platform that provides subscribed users with the ability to communicate with an artificial intelligence (AI) model in natural language to receive guidance on solving technical or computer-related problems. Upon subscription, users are allocated a specific amount of time each month to interact with the AI, based on their chosen subscription package. This allocated time is reset at the beginning of each subscription month. Unused time from the previous month does not carry over. Interaction with the AI is calculated on a per-minute basis, rounding up to the nearest minute. This means that engaging with the AI for any portion of a minute will count as one full minute against the user's monthly time allocation.

Registration and Access


Minimum Age. You must be at least 18 years old or the minimum age required in your country to consent to use the Services.

Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. By using the Services, you affirm that you have the legal capacity and you agree to comply with these Legal Terms. This includes understanding and accepting the rights and obligations provided herein. You commit that your use of the Services will not violate any applicable law or regulation. It is your responsibility to ensure that your activities conform to all legal standards and requirements.

Eligibility for Use


Only Natural Persons. Our Services are designed and provided exclusively for the use of natural persons. This means that only individuals, and not businesses, corporations, governmental entities, or any other types of organizations, are eligible to use our Services. By registering for an account and using our Services, you affirm that you are a natural person and that you are not using our Services on behalf of any business entity or organization. Any account registered or used in violation of this provision may be terminated at our discretion.

Using our Services


What You Can Do. Subject to your compliance with these Terms, you may access and use our Services solely for your personal, non-commercial use. In using our Services, you must comply with all applicable laws and any other documentation, guidelines, or policies we make available to you.

What You Cannot Do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:

  • Use our Services in a way that infringes, misappropriates or violates anyone's rights.
  • Use the Services for any illegal or unauthorized purpose. Your use of the Services must comply with all applicable laws, rules, and regulations.
  • Modify, copy, lease, sell or distribute any of our Services.
  • Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
  • Represent that Output was human-generated when it was not.
  • Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
  • Access the Services through automated or non-human means, whether through a bot, script, or otherwise. Access must be conducted manually through interfaces and protocols provided or authorized by the Services

Third Party Services. Our services may include third party software, products, or services, ("Third Party Services"). Third Party Services are subject to their own terms, and we are not responsible for them.

Content


Your Content. You may provide input to the AI model as part of the Services ("Input"), and receive output from the AI model based on your Input ("Output"). Input and Output, as they pertain specifically to the interactions with the AI model, are collectively referred to as "Content." You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.

Our Use of Content. We do not access or use your Content for any purposes beyond the operation of the AI model. The Content is processed in real-time and is not saved or analyzed. However, to provide our Services, this Content may be processed by third-party service providers, including those outside the EU. We want to assure you that such processing is conducted under secure and privacy-compliant conditions, in line with the safeguards detailed in the 'International Transfers of your Personal Data and Safeguards' section of the Privacy Policy.

Accuracy. Artificial intelligence and machine learning are rapidly evolving technologies. We continuously strive to enhance the accuracy, reliability, safety, and utility of our Services, including the underlying AI model. However, due to the inherent probabilistic nature of machine learning, interactions with our AI model may occasionally generate Output that does not accurately represent real people, places, or facts. Additionally, the Output may not always provide accurate guidance or solutions for solving your technical problems. It's important for users to apply their own judgment and verify any provided solutions against reliable sources or professional advice.

When you use our Services you understand and agree:

  • Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
  • You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
  • You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
  • Our Services may provide incomplete, incorrect, or offensive Output that does not represent helpmee.ai's views. If Output references any third party products or services, it doesn't mean the third party endorses or is affiliated with helpmee.ai.

Our IP Rights


We are the owner or the licensee of all intellectual property rights in our website, https://helpmee.ai, including but not limited to all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the "Materials"), as well as the trademarks, service marks, and logos contained therein (the "Marks"), with the exception of certain assets such as the logo, which is used under license. Our Materials and Marks, with the noted exceptions, are protected by copyright, trademark laws, and various other intellectual property rights and unfair competition laws and treaties around the world. The Materials and Marks are provided on the website 'AS IS' for your personal, non-commercial use only. You are granted a non-exclusive, non-transferable, revocable license to access and use https://helpmee.ai strictly in accordance with these Terms of Service. Except as expressly provided in these Terms of Service, no part of the website and no Materials or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Any unauthorized use of the website, its Materials, or Marks will terminate the license granted by these Terms and may violate copyright and other laws.

Your Submissions


By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Paid Accounts


Billing. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You're responsible for all applicable taxes, and we'll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.

Cancellation. You can cancel your paid subscription at any time. Refunds are provided at the sole discretion of helpmee.ai and on a case-by-case basis and may be refused. helpmee.ai will refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behaviour that entitles helpmee.ai to counterclaim the refund. These Terms do not override any mandatory local laws regarding your cancellation rights.

Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days' notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

Termination and Suspension


Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:

  • You breached these Terms.
  • We must do so to comply with the law.
  • Your use of our Services could cause risk or harm to helpmee.ai, our users, or anyone else.

Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting tim@helpmee.ai.

Discontinuation of Services


We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.

Modifications and Interruptions


We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

Disclaimer of Warranties


OUR SERVICES ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Limitation of Liability


NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

Indemnity


You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

General Terms


Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Changes to These Terms or Our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:

  • Changes to the law or regulatory requirements.
  • Security or safety reasons.
  • Circumstances beyond our reasonable control.
  • Changes we make in the usual course of developing our Services.
  • To adapt to new technologies.

We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.

Delay in Enforcing These Terms. Our failure to enforce a provision is not a waiver of our right to do so later. If any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

Trade Controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any country or territory subject to international embargoes or sanctions or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

Entire Agreement. These Terms constitute the entire agreement between you and helpmee.ai regarding the services provided through the website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and helpmee.ai. Any rights not expressly granted herein are reserved.

Governing Law. These Terms shall be governed by the laws of Spain, without regard to its conflict of law provisions. Any disputes arising from or related to these Terms or the use of our services shall be subject to the exclusive jurisdiction of the courts located in Spain, and you consent to the venue and jurisdiction of such courts.

Dispute Resolution


Informal Negotiations. To expedite resolution and minimize the cost of any dispute, controversy, or claim arising from or related to these Terms of Service (each a "Dispute" and collectively, "Disputes"), brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration. The arbitration will be conducted by the International Court of Arbitration of the International Chamber of Commerce (ICC) according to its rules, which, by reference to this clause, are deemed incorporated into this clause. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be Barcelona, Spain. The language to be used in the arbitral proceedings shall be English. The governing law of these Terms of Service shall be the substantive law of Spain.

Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within Barcelona, Spain, and the Parties agree to submit to the personal jurisdiction of that court.

Corrections


There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

Contact Information


If you have any questions about these Terms, please contact us at tim@helpmee.ai.