Terms of Service

1. Introduction

1.1. These Terms of Service ("Terms") govern your use of the NeverGiveUp website, mobile application, and services (collectively, the "Service", "we," "us," or "our").

1.2. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

1.3. These Terms have been designed to comply with the EU AI Act and other relevant regulations. We are committed to transparency, accountability, and ethical AI use.

1.4. Please note that our Service utilizes artificial intelligence to generate personalized content. By using our Service, you acknowledge and consent to interacting with AI-generated content.

2. Service Description and AI Disclosure

2.1. NeverGiveUp is an AI-powered personal development platform that creates personalized motivational audios tailored to your specific needs and goals.

2.2. The Service includes:

• Personalized audio content (personal growth, motivation, and relaxation)
• Access to a personal dashboard
• Periodic questionnaires to refine AI understanding of your needs

2.3. AI-Generated Content Disclosure: All content provided through the Service, including personalized audio content, is generated by artificial intelligence. Users are hereby explicitly informed that they are interacting with AI-generated content.

2.4. Our AI models are designed and trained to provide motivational and personal development content. They are not designed to generate illegal, harmful, or copyrighted content. We affirm that no copyrighted data was used in the fine-tuning process of our AI models.

2.5. While we strive for high-quality, relevant content, users should be aware that AI-generated content may occasionally contain errors, inconsistencies, or content that may not perfectly align with individual expectations or needs.

3. Account Registration and Data Protection

3.1. To use the Service, you must create an account by providing accurate and complete information.

3.2. You are responsible for maintaining the confidentiality of your account and password.

3.3. You agree to notify us immediately of any unauthorized use of your account.

3.4. We are committed to protecting your personal data in compliance with the EU General Data Protection Regulation (GDPR) and other applicable data protection laws. For detailed information on how we collect, use, and protect your data, please refer to our Privacy Policy.

3.5. In accordance with the EU AI Act, we implement appropriate technical and organizational measures to ensure the privacy and security of personal data used in our AI systems.

4. Subscription and Payments

4.1. NeverGiveUp offers a 7-day trial for $1, followed by a monthly subscription.

4.2. By subscribing, you authorize us to charge your payment method on a recurring basis.

4.3. You can cancel your subscription at any time through your dashboard. Cancellation will take effect at the end of your current billing period.

4.4. No refunds will be provided for partial subscription periods.

5. Intellectual Property and Content Usage

5.1. All content generated by our AI, including audio files and text, is the property of NeverGiveUp.

5.2. You are granted a limited, non-exclusive, non-transferable license to use the content for personal, non-commercial purposes.

5.3. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the Service without our prior written consent.

5.4. We affirm that our AI models are trained on lawfully obtained data and that no copyrighted material was used in the fine-tuning process without proper authorization.

5.5. While our AI-generated content is unique, it may occasionally bear similarities to existing works. If you believe that any content infringes upon copyrighted material, please contact us immediately at [email protected].

6. User-Generated Content and Ethical Use

6.1. By providing information about yourself through questionnaires or other means, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute that information for the purpose of personalizing your experience.

6.2. You represent and warrant that your user-generated content does not violate any third-party rights or applicable laws.

6.3. We have implemented ethical use guidelines to ensure responsible use of our AI system. Users are expected to use our AI-generated content responsibly and ethically. Content should not be used to promote hate speech, discrimination, or any illegal activities.

6.4. You agree not to use the Service to generate, promote, or distribute content that is illegal, harmful, discriminatory, or violates the rights of others.

6.5. We reserve the right to terminate accounts or remove content that violates these ethical use guidelines or applicable laws.

7. AI-Generated Content Disclaimer and Limitations

7.1. While we strive for accuracy and relevance, you acknowledge that the content is generated by AI and may sometimes contain errors, inconsistencies, or inappropriate content.

7.2. We do not guarantee that the AI-generated content will meet your specific requirements or expectations.

7.3. The Service is not a substitute for professional medical, psychological, financial, or legal advice. Always consult with appropriate professionals for specific advice.

7.4. Our AI system generates personalized content based on user inputs and preferences. The system uses natural language processing and machine learning algorithms to create motivational content tailored to individual needs.

7.5. We continuously work to identify and reduce biases in our AI-generated content. This includes regular audits of our AI models and content outputs.

7.6. Users should exercise critical thinking and personal judgment when interacting with AI-generated content and not rely solely on it for important life decisions.

8. EU AI Act Compliance

8.1. Risk Classification: According to the EU AI Act, our service falls under the "limited risk" category. This classification is based on the nature of our AI-generated motivational content and its intended use.

8.2. Transparency: We are committed to providing clear information about the AI-generated nature of our content and how our AI system operates. This includes:

• Explicit labeling of AI-generated content
• Information on the capabilities and limitations of our AI system
• Regular updates on significant changes to our AI models or algorithms

8.3. Accountability: We have implemented monitoring and review mechanisms to ensure ongoing compliance with the EU AI Act, including:

• Regular risk assessments of our AI system
• Maintenance of technical documentation on our AI models and their development
• Implementation of human oversight in the content generation process
• Establishment of a clear chain of responsibility for AI-related decisions

8.4. Ethical AI Use: Our AI models are designed to generate content that aligns with EU values and fundamental rights. We actively work to prevent the generation of illegal or harmful content by:

• Implementing content filtering and moderation systems
• Regularly updating our AI models to reflect evolving ethical standards
• Providing clear guidelines to users on acceptable use of our AI-generated content

8.5. Data Governance: We have established robust data governance practices to ensure the quality and integrity of data used in our AI systems, including:

• Data collection and processing in compliance with GDPR and other applicable laws
• Implementation of data minimization and purpose limitation principles
• Regular data quality assessments and cleansing procedures

8.6. Continuous Improvement: We are committed to ongoing research and development to improve the safety, reliability, and performance of our AI systems in line with the evolving requirements of the EU AI Act.

9. Termination

9.1. We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.

9.2. Upon termination, your right to use the Service will immediately cease.

9.3. In the event of termination, we will handle any personal data in accordance with our Privacy Policy and applicable data protection laws.

10. Limitation of Liability

10.1. To the maximum extent permitted by law, NeverGiveUp shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use or inability to use the Service.

10.2. Our total liability for any claims relating to the Service shall not exceed the amount you paid for the Service in the last 12 months.

10.3. This limitation of liability extends to any issues that may arise from the use of our AI-generated content, including but not limited to errors, omissions, or inappropriate content.

11. Changes to the Service and Terms

11.1. We reserve the right to modify or discontinue, temporarily or permanently, the Service with or without notice.

11.2. We may revise these Terms from time to time. The most current version will always be posted on our website.

11.3. We conduct regular reviews of our Terms of Service to ensure ongoing compliance with the EU AI Act and other relevant regulations. Users will be notified of any significant changes to these terms or our AI systems.

11.4. Continued use of the Service after any changes to the Terms constitutes your acceptance of such changes.

12. Governing Law and Jurisdiction

12.1. These Terms shall be governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

12.2. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Delaware, United States.

12.3. Notwithstanding the above, we acknowledge that users in the European Union may have additional rights under the EU AI Act and other applicable EU regulations. Nothing in these Terms is intended to limit or exclude any rights you may have under such laws.

12.4. In the event of any conflict between these Terms and applicable laws or regulations, including the EU AI Act, the applicable laws or regulations shall prevail to the extent of such conflict.

13. Feedback and Reporting Mechanisms

13.1. We value user feedback as it helps us improve our Service and ensure compliance with relevant regulations, including the EU AI Act.

13.2. Users can report issues with AI-generated content, provide feedback on our AI system, or raise concerns about potential violations of these Terms or applicable laws by contacting us at [email protected].

13.3. We are committed to reviewing and addressing all feedback and concerns promptly. Our team will investigate reported issues and take appropriate action, which may include content removal, AI model adjustments, or account suspension if necessary.

13.4. We maintain a transparent process for handling user feedback and complaints, in line with the requirements of the EU AI Act for AI systems in the limited risk category.

13.5. Periodically, we may request user feedback through surveys or questionnaires to assess user satisfaction and gather insights for improving our AI system and Service.

14. AI Transparency and Explainability

14.1. In accordance with the EU AI Act's emphasis on transparency, we provide the following information about our AI system:

• Our AI uses natural language processing and machine learning algorithms to generate personalized motivational content.
• The AI model is trained on a diverse dataset of motivational and personal development materials, ensuring a wide range of perspectives and approaches.
• Content generation is influenced by user preferences, questionnaire responses, and interaction history to provide tailored recommendations.

14.2. While we strive for transparency, the complex nature of AI systems means that we may not always be able to provide a complete explanation for specific outputs. Users should be aware of this limitation when interacting with our Service.

14.3. We are committed to ongoing research and development to improve the explainability of our AI system, in line with advancements in the field and regulatory requirements.

14.4. For more detailed technical information about our AI system, interested users can contact us at [email protected].

15. Accessibility and Non-Discrimination

15.1. We are committed to making our Service accessible to as wide a user base as possible, including users with disabilities.

15.2. Our AI system is designed to avoid discrimination based on protected characteristics such as race, gender, age, or disability. We regularly audit our system for potential biases and take corrective action when necessary.

15.3. If you encounter any accessibility issues or believe you have experienced discrimination through our Service, please contact us at [email protected].

15.4. We are continuously working to improve the accessibility and inclusivity of our Service, in line with best practices and legal requirements.

16. International Use

16.1. While NeverGiveUp is based in the United States, we welcome users from around the world. However, we make no representations that the Service is appropriate or available for use in all locations.

16.2. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws.

16.3. We strive to comply with international regulations, including the EU AI Act, to the best of our ability. However, users should be aware that legal requirements and protections may vary depending on their location.

16.4. In case of any conflict between these Terms and the laws of your jurisdiction, we will work to find a mutually acceptable solution that respects both our Terms and your local legal requirements.

17. Contact Information

17.1. For any questions about these Terms, please contact us at [email protected].

17.2. For technical support, please contact [email protected].

17.3. For privacy-related inquiries, please contact [email protected].

17.4. For matters related to AI ethics or compliance with the EU AI Act, please contact [email protected].

17.5. Our mailing address is: 9450 SW Gemini Dr - PMB 89255 - Beaverton, OR, USA