1.1. These Terms and Conditions (T&C) govern the use of the website xPrivo.com, the xPrivo App (iOS / Android), the advertising portal ("Adverts" / "Ads"), and the services offered through them (hereinafter "Service" or "AI Assistant"), provided by Restoflix S.a r.l.-s, headquartered in Luxembourg (hereinafter "we" or "xPrivo").
1.2. Deviating or conflicting conditions of the user shall not apply unless xPrivo has expressly agreed to their validity in writing.
2.1. xPrivo provides a privacy-friendly AI assistant. The Service can be used in a free, functionally and quantitatively limited scope ("Free Tier", e.g., daily request limit with non-personalized advertising).
2.2. In addition, xPrivo offers paid subscriptions ("PRO") that unlock advanced features (e.g., higher request limits, ad-free usage), as well as an advertising portal ("Adverts") for placing advertisements.
2.3. The Service is based on "Privacy-by-Design". We do not store chat histories on our servers. All conversations are saved exclusively locally on the user's device (e.g., in browser storage). The user is solely responsible for backing up and deleting this local data. If the browser cache or local storage is cleared, this data is irrevocably lost.
3.1. Open Source License: The client code (frontend) of our Service is open source and is released under the GNU Affero General Public License v3.0 (AGPL-3.0). You are granted the rights in accordance with this license.
3.2. Trademark and Logo Restrictions: The AGPL-3.0 license does not grant you any rights to the trademarks, logos, mascots, or other brand identity of "xPrivo", "xprivo", "Xprivo", or "xprivo.com". These are the exclusive property of xPrivo.
3.3. No Reselling Under Our Brand: You are expressly prohibited from creating forks, copies, or derivative works of the Service and commercially offering, reselling, or presenting them using our brand, name, or a misleadingly similar designation as if it were an official service of xPrivo.
4.1. The user commits to using the Service exclusively in accordance with these T&C and applicable law (in particular the law of the Grand Duchy of Luxembourg and EU law).
4.2. Responsibility for Content: The user is fully and exclusively responsible for all inputs (prompts) sent to the AI Assistant, as well as for the use of the outputs generated by the AI Assistant (texts, code, images, etc.).
4.3. The user must ensure that their inputs and the subsequent use of the outputs do not violate the rights of third parties, in particular copyrights, trademark rights, patent rights, or personal rights.
4.4. Prohibited Actions (Unacceptable Use): The user is prohibited from using the Service for the following purposes or attempting to do so:
4.5. Indemnification: The user indemnifies xPrivo against all third-party claims (including reasonable legal and court costs) asserted against xPrivo due to a violation of Section 4.2, 4.3, or 4.4 by the user.
5.1. Conclusion of Contract Upon Purchase: For the purchase of paid "PRO" subscriptions, xPrivo uses an external reseller. The contract for the purchase of the subscription is concluded exclusively between the user and the reseller identified on the payment page. Currently, this is: Armitage Labs OÜ (Creem.io), Estonia. The terms and conditions and privacy policies of the respective reseller apply.
5.2. No User Account: Purchasing and using the "PRO" subscription does not require the creation of a user account (with email or password) with xPrivo.
5.3. "Premium Key": After a successful purchase, the user receives a unique "Premium Key". This key is used to unlock the "PRO" features.
5.4. Duty of Care for the Key:
6.1. Use of the Advertising Portal: xPrivo offers companies and natural persons (hereinafter "Advertisers") the opportunity to place advertisements via the "Adverts" portal. Admission as an Advertiser and the activation of individual advertising campaigns are at the sole discretion of xPrivo and may be refused without stating reasons.
6.2. Content Responsibility: The Advertiser is solely and fully responsible for the advertising content provided (texts, images, keywords, target URLs). They guarantee that this content does not violate applicable law, does not infringe on third-party rights (in particular copyright, trademark, or personal rights), and is not misleading. In particular, advertisements for illegal drugs, weapons, pornographic content, fraudulent offers (scams), or malware are prohibited.
6.3. Right to Review and Suspend: xPrivo reserves the right to review advertisements prior to publication, to reject or pause them at any time, or to permanently suspend the account if advertising content violates our guidelines or applicable law. In the event of a suspension due to a violation of the T&C, there is no right to a refund of advertising fees already paid.
6.4. Delivery and Placement: Advertisements are delivered dynamically (e.g., based on search terms, keywords, fallback logic, or AI-supported algorithms). xPrivo does not guarantee specific placement in a specific location, a fixed number of impressions or clicks, or any specific economic success of the advertising campaign.
6.5. Payment Terms: Booking advertising periods is subject to a fee and is paid in advance (prepaid) via our payment service provider (e.g., Creem.io). An advertisement will only be activated after full payment has been received and internal review is successful.
6.6. Indemnification by Advertisers: The Advertiser indemnifies xPrivo against all third-party claims (including reasonable legal and court costs) asserted against xPrivo due to illegal or non-contractual advertising content, keywords used, or linked target URLs of the Advertiser.
7.1. Prices: The prices stated on the website (xprivo.com) or in the Adverts portal are generally exclusive of the statutory value-added tax (VAT), unless expressly stated otherwise. Within the application itself, prices may be displayed that already include VAT; this will be clearly indicated next to the price.
7.2. Term (Free Tier): The free Service is provided for an indefinite period, but as a voluntary service by xPrivo. xPrivo reserves the right to change, restrict, or discontinue the scope of the Free Tier at any time.
7.3. Term and Termination (PRO Tier & Advertisements):
7.4. Extraordinary Termination: xPrivo reserves the right to block the user's access to the Service or advertising portal without notice and to terminate the contract extraordinarily in the event of a serious violation of these T&C. A refund of fees already paid will not be granted in this case.
The Service is provided "as is" and "as available" without any warranty. xPrivo does not warrant or guarantee that the Service will be available uninterrupted, secure, error-free, or virus-free at all times, or that all errors will be corrected.
xPrivo assumes no warranty for the outputs generated by the AI Assistant (texts, data, links, or other information). The user expressly acknowledges that these outputs:
The responsibility for using the generated content lies entirely with the user. The user is obligated to critically verify the accuracy, completeness, and legality of all information received from the AI Assistant themselves before relying on it or reusing it.
The information provided by the AI Assistant does not under any circumstances constitute professional advice and may not be understood or used as such. This applies in particular to:
The user may not use the Service for purposes that require professional, licensed advice.
To the extent permitted by law, xPrivo excludes any liability for direct, indirect, incidental, or consequential damages arising from the use or inability to use the Service or from reliance on the content generated by the AI Assistant.
In particular, xPrivo is not liable for actions taken by the user based on the generated information or for the content the user generates with the Service (see Section 4.5 "Indemnification").
Protecting user data is our highest priority. The details of data collection and use are regulated in our separate Privacy Policy, which is an integral part of these T&C.
10.1. xPrivo reserves the right to amend these T&C at any time to adapt them to changed legal or technical frameworks or to new service offerings.
10.2. Users will be informed of changes in a suitable manner (e.g., via a notice on the website). For users with "PRO" subscriptions or active advertising accounts, a notice will be provided at least two weeks before the change takes effect. If the user does not object within this period, the new T&C are deemed accepted.
11.1. The laws of the Grand Duchy of Luxembourg apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent legally permitted, Luxembourg City.
11.3. Severability Clause: Should individual provisions of these T&C be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a regulation that comes closest to the economic purpose of the invalid provision and is legally permissible.