Terms of Use
1. Introduction
These Terms of Use (“Terms”) govern your access to and use of the Sam Companion mobile application (“App”) and website (“Website”), operated by Lino Grubben (“we,” “us,” or “our”). By using the App or Website, you agree to these Terms. If you do not agree, please refrain from using our services.
2. Eligibility and Account Creation
2.1 Eligibility
You must be at least 13 years old to use the App or Website. While the Website does not verify age, we comply with legal requirements for handling data associated with minors.
2.2 Account Creation
Users can create an account on the App via email, Sign in with Google, or Sign in with Apple. If account creation is introduced on the Website in the future, these Terms will apply accordingly. All accounts must comply with our password strength requirements, ensuring a secure user experience.
2.3 Responsible Use
You agree to use Sam Companion responsibly and for lawful purposes only. You must not use the App or Website in any way that violates applicable laws or regulations, including intellectual property, data privacy, and anti-spam laws.
3. User Conduct and Content
3.1 Permissible Content
On the App, users can send text-based messages to interact with the chatbot and upload media files, such as images and audio, to enhance their interactions. The Website does not currently support media uploads but may offer other features, such as blogs or informational content, in the future.
3.2 Legal Compliance
Users must comply with all applicable local, state, national, and international laws and regulations when using the App or Website. You may not submit or share content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable.
3.3 User Content Ownership
Any content you create and provide through the App or Website remains your property. However, by submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute the content as necessary to provide and improve our services.
4. Prohibited Uses
You agree not to:
- Use the App or Website for any unlawful or fraudulent purpose.
- Interfere with or disrupt the App’s or Website’s servers, networks, or any connected systems.
- Attempt to decompile, reverse-engineer, or otherwise extract the source code of the App or Website.
- Use the App or Website for any commercial purpose without prior written permission from us.
- Engage in any activity that infringes the intellectual property rights of others.
- Submit spam, abuse forms, or engage in other malicious activities via the Website.
5. Payments and Purchases
5.1 In-App Purchases
The App offers in-app purchases, which are processed through the Apple App Store or Google Play Store. All transactions are subject to the respective platform’s terms and conditions.
5.2 Website Purchases
If the Website supports purchases using Stripe, payments will be processed securely via Stripe’s payment system. Refunds for Website purchases will align with applicable laws and technical capabilities. Specific terms regarding Stripe purchases will be communicated when available.
5.3 Refunds
Refunds for in-app purchases are handled directly by the respective platform (Apple or Google) and are subject to their policies. For Website transactions, refunds will be managed directly through us or Stripe as applicable.
6. Account Termination and Deletion
6.1 Termination by Us
We reserve the right to suspend or terminate your access to the App or Website if you violate these Terms or engage in any activity that may harm our services or other users.
6.2 Account Deletion by User
You may request to delete your account at any time by contacting us at hello@samcompanion.com. We will process your request in accordance with applicable laws and our data retention policy.
7. Disclaimers and Limitation of Liability
7.1 No Professional Advice
The App is an AI chatbot designed to assist with queries. However, Sam Companion may generate incorrect or inaccurate responses and is not a substitute for professional advice. Do not use Sam Companion for medical, psychological, legal, or financial advice.
7.2 Limitation of Liability
To the fullest extent permitted by law, we disclaim all liability for any damages arising out of or in connection with your use of the App or Website, including direct, indirect, incidental, or consequential damages. Our total liability for any claim arising out of these Terms or the use of the App or Website shall not exceed the amount you have paid to us, if any, for access to the services.
8. Governing Law and Dispute Resolution
8.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.
8.2 International Users
If you access the App or Website from locations outside of Germany, you are responsible for compliance with local laws and regulations. By using the App or Website, you consent to the transfer of your personal data to Germany and other jurisdictions as necessary for our legitimate business purposes.
8.3 Dispute Resolution
In the event of any dispute arising from or related to these Terms or your use of the App or Website, the parties shall first attempt to resolve the dispute informally. If the dispute cannot be resolved informally, it shall be subject to the exclusive jurisdiction of the courts of Germany.
9. Modifications to the Terms
We may update these Terms from time to time to reflect changes in our practices or services. If we make material changes, we will notify you by email or through an in-app or Website notification, as required by law. Your continued use of the App or Website after such modifications indicates your acceptance of the updated Terms.
10. Third-Party Links and Services
The App and Website may contain links to external websites or services not owned or controlled by us. We are not responsible for the content, privacy practices, or policies of these third-party websites. Your interactions with these third-party services are governed by their own terms and policies.
11. Intellectual Property Rights
All intellectual property rights, including but not limited to trademarks, logos, and content within the App and Website, are the exclusive property of Lino Grubben. You may not use, copy, modify, or distribute any of the content without our express written permission.
12. Additional Disclosures for Specific Jurisdictions
12.1 California Residents (CCPA)
If you are a resident of California, you have specific rights under the California Consumer Privacy Act (CCPA), including the right to request information about the categories and specific pieces of personal data we have collected, the right to request deletion, and the right to opt out of the sale of your personal data (which we do not engage in). To exercise these rights, please contact us at hello@samcompanion.com.
12.2 Brazilian Residents (LGPD)
If you are a resident of Brazil, you have specific rights under the Lei Geral de Proteção de Dados (LGPD), including the right to confirm the existence of data processing, access your data, correct inaccurate data, and more. To exercise these rights, please contact us at hello@samcompanion.com.
12.3 EU/EEA Residents (GDPR)
If you are a resident of the European Union or European Economic Area, you have specific rights under the General Data Protection Regulation (GDPR), including the right to access, correct, delete, or restrict the processing of your data. You may also have the right to object to processing and to data portability. To exercise these rights, please contact us at hello@samcompanion.com.
13. Contact Information
If you have any questions or concerns about these Terms or our services, please contact us at:
Email: hello@samcompanion.com
14. Miscellaneous
14.1 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.2 Entire Agreement
These Terms constitute the entire agreement between you and us regarding the use of the App and Website and supersede any prior agreements or understandings.
14.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Effective Date: 28 November 2024