Terms of Service

Answell ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Services").

By creating an account, purchasing a subscription, or otherwise accessing the Services, you explicitly declare that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (which is incorporated herein by reference), and any applicable terms of our Merchant of Record. By accessing the Services, you represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction) and possess the legal capacity to enter into these Terms.

1. Nature of the Service and License Grant

Answell operates as a Software-as-a-Service (SaaS) platform. We grant you a limited, non-exclusive, non-transferable, and revocable right to access and use the Services for the duration of your active subscription.

You acknowledge that you are purchasing only the right to use the hosted software. You do not acquire any ownership of the software itself. We host and maintain the application; you will not receive access to the underlying source code, nor do you have the right to self-host or deploy the software on your own infrastructure.

2. Subscription Plans and Scope of Service

Answell is provided as a single, centrally hosted cloud environment. We continuously develop and deploy updates to this unified version for all users. You acknowledge that individual legacy versions are not available or selectable.

We reserve the right to update, modify, or deprecate features of the Services at any time to ensure security, performance, legal compliance, or to enhance functionality. We will ensure that such routine changes do not materially degrade the core functionality of your active plan without a valid reason. For consumer users (B2C), if a modification negatively impacts your access to or use of the Services in a more than minor way, you will be notified in advance and may have the right to terminate your subscription in accordance with applicable consumer laws.

3. Merchant of Record and Payment Terms

Our order process and payment processing are conducted by our online reseller and Merchant of Record, Polar.sh. They handle all payment transactions, tax compliance, and invoicing. When you subscribe to Answell, you are entering into a transaction with Polar.sh and agree to their respective terms and conditions, which are presented to you at the time of checkout and are available on their website.

4. Promotions and Discounts

From time to time, we may offer promotional codes, discounts, or special offers. These are offered strictly at our discretion, are valid only for the specified duration, and cannot be claimed retroactively under any circumstances. We reserve the right to modify or cancel any promotion at any time without prior notice.

5. Refund Policy and Consumer Rights

Statutory Right of Withdrawal (B2C): If you are a consumer in the European Union, you acknowledge that by initiating a subscription and explicitly consenting during the checkout process to the immediate provision of our digital services, you lose your statutory 14-day right of withdrawal once the performance has begun.

14-Day Satisfaction Guarantee: Despite the statutory waiver, we offer a discretionary 14-day money-back guarantee for new subscriptions. If you find that the Service does not meet your needs, you may contact support to request a refund within the first 14 days. To protect against abuse (e.g., excessive AI API usage), refunds are subject to an internal fair-use review. We reserve the right to deny refunds or deduct consumed resource costs in cases of heavy commercial exploitation.

B2B Transactions: If you are purchasing the Services on behalf of a business, entity, or for professional use, all sales are final. Any B2B refunds are strictly at our sole discretion.

6. Account Registration and Security

To access and use certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to keep such information updated. You are solely responsible for safeguarding the credentials and authentication methods (such as email accounts used for OTP codes or linked social login profiles) used to access your account and for any and all activities or actions that occur under your account. You agree not to disclose your credentials to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

7. Privacy, Telemetry, and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal data, and it forms an integral part of these Terms. Please note that to improve our Services, we utilize telemetry and analytics tools to monitor how the application is used. Detailed information regarding these practices is outlined in the Privacy Policy. Where we process personal data on your behalf as a data processor (e.g., in B2B contexts), such processing shall be governed by our Data Processing Agreement (DPA), which is incorporated into these Terms by reference.

8. Acceptable Use and Fair Usage

You agree to use the Services lawfully. You must not copy, modify, distribute, or reverse engineer any part of the Services, nor use them for illegal activities. We reserve the right to enforce fair usage limits to prevent abuse of the platform, API rate limits, or any activity that imposes an unreasonable load on our infrastructure.

9. Intellectual Property

All rights, title, and interest in and to the Services (including design, trademarks, and source code) remain the exclusive property of Answell. You retain all ownership rights to the data and content you submit to the platform. You grant us a limited, worldwide, royalty-free license to host, store, and process your data solely as necessary to provide and maintain the Services to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Answell, its founders, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal and accounting fees) arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

11. Termination and Discontinuation of Service

You may cancel your subscription at any time through your account settings or via our Merchant of Record. We reserve the right to suspend or terminate your account if you breach these Terms.

Furthermore, we reserve the right to modify, suspend, or discontinue the Services entirely at any time. In the event that we permanently shut down the Services, you will be entitled to a pro-rata refund for the remaining, unused days of your current billing cycle. No retroactive refunds will be issued for past usage.

12. Limitation of Liability, SLA, and Force Majeure

The Services are provided "as is" and "as available". We do not guarantee continuous, uninterrupted availability, specific response times, or enterprise-level Service Level Agreements (SLAs).

To the maximum extent permitted by law, Answell shall not be liable for any indirect, incidental, special, or consequential damages, business interruption, or loss of profits resulting from the use or inability to use the Services.

Consumer Rights Carve-Out: If you are a consumer, nothing in these Terms will exclude or limit your statutory rights that cannot be waived by contract under applicable law, including your rights regarding defective digital services and your right to a proportionate price reduction in the event of persistent service defects.

13. Modifications to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice (via email or an prominent in-app notification) before any new terms take effect. What constitutes a material change will be determined at our reasonable discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

14. Governing Law, Jurisdiction, and Severability

These Terms shall be governed by and construed in accordance with the laws of the Czech Republic. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any disputes arising from or in connection with these Terms shall be resolved exclusively in the competent courts of the Czech Republic.

Severability & Mandatory Law: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. Nothing in these Terms excludes or limits any rights that you may have under applicable mandatory law that cannot be excluded or limited by contract.

If you have any questions about these Terms, please contact us at:

Answell
Email: [email protected]