Terms of Service

Terms of Service

Last updated: 16 October 2026

These Terms of Service (the “Terms“) are a binding contract between you and Adithana Marketing LLC, a company registered in the Commercial Register of the Republic of Bulgaria under UIC (ЕИК) 205958514, with its registered office and address of management at 11 G Hristo Vakarelski Str., Sofia, Republic of Bulgaria (“AIMAR,” “we,” “us,” or “our“).

These Terms govern your access to and use of the AIMAR platform available at aimar.chat and all related websites, applications, software, AI agents, integrations, Expert Services, and other products and services that AIMAR provides (collectively, the “Service“). AIMAR provides an AI-powered marketing platform designed to help businesses create marketing strategies, plans, recommendations, content, campaigns, performance insights, and other marketing materials, and to assist them in executing marketing activities through the Service and supported third-party integrations.

You accept these Terms when you tick the acceptance box or click to accept them while creating an account or placing an order, or when you otherwise access or use the Service. If you do not agree to these Terms, you must not access or use the Service.

The Service is provided exclusively for business and professional use and is not offered to consumers. See Section 1.

IMPORTANT: Please read these Terms carefully, in particular Section 4 (Artificial Intelligence and Outputs), Section 20 (Disclaimers), Section 21 (Limitation of Liability), Section 22 (Indemnification), and Section 25 (Governing Law and Disputes). Among other things, these Sections limit AIMAR’s liability, require you to indemnify AIMAR against claims arising from your use of the Service, and require disputes to be resolved on an individual basis before the courts of Sofia, Bulgaria.

Our Privacy Policy explains how AIMAR processes personal data as a controller. Where AIMAR processes personal data on your behalf as a processor, the data processing terms in Schedule 1 (the “DPA“) apply and form part of these Terms.

1. Who May Use AIMAR

a. Business Use Only

The Service is offered only to companies, organizations, and individuals acting for purposes relating to their trade, business, craft, or profession. By accepting these Terms, you represent and warrant that you are acting in that capacity and not as a consumer within the meaning of the Bulgarian Consumer Protection Act, Directive 2011/83/EU, or any similar law in any jurisdiction.

Because the Service is not offered to consumers, rights and protections that apply only to consumers, including statutory rights of withdrawal for distance contracts, do not apply to your use of the Service. AIMAR may ask you to provide information about your business, such as its registered name and registration or VAT number, and may refuse, suspend, or terminate access if you do not provide it. If you misrepresent your status, you will be responsible for any resulting loss suffered by AIMAR.

b. Minimum Age

You must be at least 18 years old and have reached the age of legal majority where you live to create an account or use the Service.

c. Authority

If you accept these Terms or use the Service on behalf of a company, organization, client, employer, or other legal entity, you represent and warrant that you have authority to bind that entity, and references to “you” include that entity. If you do not have that authority, you are personally bound by these Terms.

d. Accurate Information

You must provide accurate, current, and complete information when creating and maintaining your account and must promptly update it if it changes.

e. Sanctions and Restricted Locations

You represent and warrant that: (i) neither you nor, where applicable, your business or any of its owners, directors, or users is the target of sanctions administered by the European Union, the United Nations, the United Kingdom, or the United States, or is owned or controlled by such a person; (ii) you are not located, established, or ordinarily resident in a country or territory that is subject to comprehensive sanctions or in which AIMAR does not make the Service available; and (iii) you will not access or use the Service in violation of applicable export-control or sanctions laws. AIMAR may restrict access from any location where required by law or sanctions or by the terms of AIMAR’s technology providers.

2. Accounts and Security

a. Your Account

You are responsible for all activity that occurs through your account, including activity of anyone you allow to access it.

b. Authorized Users

If your plan permits multiple users, you are responsible for each user you authorize and for their compliance with these Terms. Each login is personal to one individual. You must not share credentials or allow a single user seat to be used by more than one person.

c. Account Security

You must keep your login credentials confidential, use multi-factor authentication where AIMAR makes it available, and implement reasonable measures to prevent unauthorized access to your account, Connected Services, devices, credentials, and business information. You must notify AIMAR without undue delay at support@aimar.chat if you believe your account or any Connected Service linked to it has been compromised.

d. Instructions From Your Account

AIMAR may treat any instruction, approval, configuration, or action submitted through your account, or through a Connected Service authorized from your account, as having been authorized by you. Subject to Section 21(a), AIMAR is not responsible for any loss resulting from unauthorized use of your account, credentials, devices, or Connected Services.

3. The AIMAR Service

a. Features

Depending on your plan and available features, the Service may provide or assist with:

  • marketing strategies, ideal customer profiles, positioning, and messaging;
  • competitor and market analysis and channel recommendations;
  • quarterly, monthly, or weekly marketing plans;
  • marketing campaigns, social media content, emails, articles, visuals, and other content;
  • performance analysis, analytics, reporting, and campaign recommendations;
  • marketing decision support, suggested next actions, and reminders;
  • marketing execution workflows and third-party integrations;
  • human expert review or consultation; and
  • other marketing-related functionality.

Features available to you depend on your plan, trial status, location, integrations, technical availability, and the version of the Service you use.

b. Decision-Support Tool

You remain solely responsible for your business, marketing strategy, marketing decisions, marketing activities, content, campaigns, communications, audiences, offers, claims, pricing, implementation, and results. AIMAR does not operate your business or marketing function. You decide whether to accept, reject, modify, publish, send, implement, or otherwise act on any Output.

AIMAR does not provide legal, regulatory, tax, accounting, financial, investment, or other professional advice, and nothing in the Service constitutes such advice.

c. Availability and Support

AIMAR will use reasonable efforts to make the Service available but does not commit to any level of availability, uptime, performance, response time, or support unless expressly agreed in a separate written service-level agreement signed by AIMAR. The Service may be interrupted for maintenance, upgrades, security measures, third-party outages, or reasons beyond AIMAR’s control. Support is provided by email at support@aimar.chat on a reasonable-efforts basis.

d. Changes to the Service

The Service evolves continuously. AIMAR may add, change, replace, restrict, suspend, or remove any feature, AI system or model, integration, workflow, interface, limit, plan, Expert Service, or other part of the Service at any time. AIMAR does not guarantee that any particular feature, model, integration, or functionality will remain available.

If a change materially reduces the core functionality of a paid subscription during a period you have already paid for, your sole and exclusive remedy is to cancel the affected subscription and receive a pro-rata refund of prepaid fees for the unused remainder of that period.

e. Service Providers

AIMAR may use subcontractors, hosting providers, AI model providers, payment processors, and other service providers to provide the Service.

4. Artificial Intelligence and Outputs

a. You Are Interacting With AI

The Service uses artificial intelligence systems, including large language models provided by third-party AI model providers. Unless a person is expressly identified to you as a human expert, the assistant, agents, and chat features of the Service are AI systems, and you are interacting with an AI system, not a human.

b. Nature of Outputs

“Outputs” means any strategies, plans, recommendations, analyses, content, text, images, reports, and other material generated by or through the Service for you, including material provided through Expert Services. Artificial intelligence is probabilistic, and Outputs may contain factual errors, outdated or fabricated information, incorrect assumptions, inaccurate analysis, incorrect competitor information, unsuitable recommendations, unintended similarities to third-party content, or other errors or omissions. Outputs must not be treated as accurate, complete, lawful, or appropriate for your circumstances.

c. Required Review

You must review and evaluate every Output before publishing, sending, implementing, relying on, or otherwise using it, including by verifying, where applicable, factual accuracy, product and advertising claims, pricing, statistics, third-party names and trademarks, intellectual property, legal disclosures, marketing permissions, regulatory requirements, recipient eligibility, links, offers, competitor statements, and customer information. You are responsible for making any corrections before use.

d. No Guarantee of Results

AIMAR does not guarantee any lead, sale, revenue, profit, customer acquisition, conversion rate, traffic, reach, engagement, search ranking, email deliverability, campaign performance, return on investment, business growth, fundraising outcome, market acceptance, or other commercial or marketing result. Historical performance, benchmarks, forecasts, projections, case studies, testimonials, and examples do not guarantee future results.

e. Implementation Is Your Responsibility

AIMAR is not responsible for how you implement any Output. Business and marketing outcomes depend on many factors outside AIMAR’s control, including your product, offer, market, pricing, team, competition, economic conditions, execution, audience, platform algorithms, advertising systems, and third-party services.

f. Human Review Does Not Eliminate Risk

Where the Service includes review by a human expert, that involvement does not make any Output accurate, complete, suitable, error-free, or commercially successful, and you remain responsible for deciding whether and how to use it.

g. AI Content Labeling

AIMAR may include machine-readable markings, metadata, or other indicators identifying Outputs as AI-generated where required by law, including Article 50 of Regulation (EU) 2024/1689 (the “EU AI Act“), or where AIMAR considers it appropriate. You must not remove, alter, or obscure such markings except as permitted by law. You are solely responsible for determining and complying with any obligation to disclose, label, or watermark AI-generated or AI-manipulated content that you publish or distribute, including obligations that apply to you as a deployer under the EU AI Act, advertising rules, and platform policies.

5. Usage Limits and Fair Use

a. Usage Limits

Your plan may include limits on usage, including the number of users, marketing channels, projects, messages, generations, AI tokens, credits, integrations, Expert Credits, storage, or API calls (“Usage Limits“), as described on AIMAR’s pricing page, in your order, or within the Service.

b. Fair Use

All plans, including any plan described as “unlimited,” are subject to fair use. Usage is not fair use if it materially exceeds the usage of a typical customer on the same plan, places a disproportionate load on the Service or on AIMAR’s AI model providers, or results from automated, scripted, or bulk use that AIMAR has not expressly permitted.

c. AIMAR’s Rights

AIMAR may monitor usage and may, without liability, rate-limit, queue, throttle, cap, or suspend usage that exceeds Usage Limits or fair use, and may require you to purchase additional capacity or upgrade your plan to continue that usage.

d. Credits and Allowances

Credits, allowances, and Expert Credits have no cash value, are not transferable, and cannot be exchanged for money. Allowances included in a subscription expire at the end of the billing period in which they are issued and do not roll over. Separately purchased credits expire twelve (12) months after purchase unless a different period is stated at the time of purchase.

6. Acceptable Use

a. Prohibited Conduct

You must not, and must not allow or assist anyone else to:

  • violate any applicable law or regulation, or use the Service for fraudulent, deceptive, misleading, unlawful, or abusive purposes;
  • interfere with, disrupt, damage, disable, or place an unreasonable burden on the Service or its infrastructure, including by submitting excessive automated requests;
  • gain or attempt to gain unauthorized access to the Service, another user’s account, or AIMAR’s systems, databases, servers, APIs, or connected services;
  • circumvent Usage Limits, security controls, access or geographic restrictions, paywalls, or other technical safeguards, including by using multiple accounts, VPNs, or proxies;
  • create accounts or access the Service by automated means unless expressly authorized by AIMAR;
  • probe, scan, or test the Service for vulnerabilities without AIMAR’s prior written authorization;
  • introduce malware, malicious code, or other harmful technology, or engage in phishing, spoofing, credential theft, or social engineering;
  • impersonate any person, business, organization, or brand;
  • extract or attempt to extract AIMAR’s system prompts, prompt structures, instructions, or model configurations, including through prompt injection, jailbreaking, or similar techniques;
  • scrape, crawl, systematically extract, or harvest the Service, its content, Outputs, or databases, or use the Service or any Output to create, train, improve, benchmark, or develop a competing product, AI system, dataset, or service;
  • reverse engineer, decompile, disassemble, or attempt to derive the source code, models, prompts, algorithms, workflows, or architecture of the Service, except to the extent this restriction is prohibited by applicable law;
  • resell, sublicense, lease, rent, white-label, distribute, or commercially exploit access to the Service except under a separate written agreement with AIMAR;
  • publish benchmarks or performance comparisons of the Service without AIMAR’s prior written consent;
  • use the Service in breach of the usage policies of AIMAR’s AI model providers as made available to you, or of the rules of any Connected Service;
  • send or facilitate spam or unsolicited or unlawful communications, or harvest personal data without lawful authority; or
  • upload data you do not have the right to use, or infringe the privacy, confidentiality, intellectual property, contractual, or other rights of any person.

b. Prohibited Content

You are solely responsible for all content you upload, provide, request, generate, publish, distribute, or transmit through the Service. You must not use the Service to create, upload, publish, distribute, or facilitate content that is unlawful, fraudulent, or misleading; defamatory; threatening, harassing, or abusive; unlawfully discriminatory; infringing of intellectual property, confidentiality, privacy, or data-protection rights; deceptively impersonating any person or organization; sexually explicit; unlawful spam or unsolicited commercial communication; or otherwise in breach of these Terms.

c. Prohibited and Restricted Uses

You must not use the Service:

  • for any practice prohibited under Article 5 of the EU AI Act, including manipulative or deceptive techniques or the exploitation of vulnerabilities due to age, disability, or social or economic situation;
  • as, or as part of, a high-risk AI system within the meaning of the EU AI Act, including for decisions about recruitment or employment, creditworthiness, insurance, education, or access to essential services;
  • to make decisions based solely on automated processing that produce legal or similarly significant effects on individuals;
  • for political advertising, election or referendum campaigning, or political issue advocacy;
  • for marketing directed at persons under 18 years of age; or
  • for any other purpose that AIMAR notifies you is prohibited.

If you use the Service to market products or services in regulated sectors, including financial services, crypto-assets, gambling, pharmaceuticals, medical devices, health or nutrition claims, alcohol, tobacco or vaping products, or weapons, you are solely responsible for complying with all applicable sector-specific rules. AIMAR does not review Outputs for such compliance and may prohibit use for any sector at its discretion.

d. Sensitive Data

You must not submit to the Service special categories of personal data within the meaning of Article 9 of the GDPR, personal data relating to criminal convictions or offenses, government identification numbers, payment card data, or personal data of children, unless AIMAR has expressly agreed in writing.

e. Enforcement

AIMAR has no obligation to monitor your use of the Service or your content but may do so. AIMAR may investigate suspected violations and, where it reasonably believes that an account, content, integration, or activity breaches these Terms or creates legal, security, operational, reputational, or third-party platform risk, may without liability remove or disable content, cancel scheduled actions, disable integrations, restrict, suspend, or terminate access, and cooperate with competent authorities.

7. Your Data Protection and Marketing Obligations

a. Your Responsibility for Personal Data

You are responsible for determining whether you have a lawful basis to collect, upload, store, disclose, process, analyze, contact, market to, or otherwise use personal data through the Service. Where you provide AIMAR with personal data relating to customers, prospects, leads, contacts, employees, contractors, or other individuals, you represent and warrant that you have provided all required notices and obtained all consents, lawful bases, agreements, and other authority required by applicable law. You must keep records of the notices, consents, and lawful bases on which you rely, and provide copies to AIMAR within five (5) business days of AIMAR’s request.

b. Marketing Communications

If you use the Service to create, prepare, schedule, or send marketing communications, you are solely responsible for determining whether each communication may lawfully be sent, and for compliance with all applicable privacy, electronic-communications, advertising, direct-marketing, anti-spam, consent, opt-out, and suppression-list requirements and platform policies. These may include, where applicable, the GDPR, Bulgarian data-protection, electronic-commerce, and electronic-communications laws, the ePrivacy Directive and its national implementations, PECR, CAN-SPAM, and CASL.

For all legal purposes, you, and not AIMAR, are the sender, advertiser, and initiator of every communication that you create, approve, schedule, or send through the Service. AIMAR does not determine whether a particular person may lawfully be contacted by you.

c. Controller and Processor

To the extent AIMAR processes personal data contained in Customer Content on your behalf, you are the controller and AIMAR is the processor, and the DPA in Schedule 1 applies. AIMAR is the controller of personal data that it processes for its own purposes, such as account administration, billing, security, fraud prevention, and Service improvement as described in Section 9 and in the Privacy Policy.

8. Customer Content, Outputs, and Intellectual Property

a. Your Content

“Customer Content” means information, materials, documents, text, business and marketing information, files, data, instructions, brand materials, prompts, and other content that you submit to the Service. As between you and AIMAR, you retain ownership of your Customer Content. You represent and warrant that you own or have all necessary rights to your Customer Content, that you are authorized to provide it to AIMAR, and that its use by AIMAR under these Terms will not violate applicable law or any person’s rights.

b. License to AIMAR

You grant AIMAR a worldwide, non-exclusive, royalty-free license, sublicensable to AIMAR’s service providers solely for these purposes, to host, copy, store, process, transmit, reproduce, adapt, format, analyze, display, and otherwise use Customer Content as necessary to operate, provide, maintain, secure, and support the Service, generate Outputs, operate integrations you authorize, prevent fraud and misuse, comply with law, and improve the Service as permitted by Section 9. This license ends when the relevant Customer Content is deleted from AIMAR’s active systems, subject to Section 18(d).

c. Outputs

Subject to your compliance with these Terms and payment of all applicable fees, and as between you and AIMAR, you may use, modify, reproduce, distribute, publish, commercialize, and otherwise exploit Outputs generated specifically for you, and AIMAR does not claim ownership of your business-specific Outputs. To the extent an Output incorporates AIMAR Technology, such as AIMAR’s frameworks, templates, or methodologies, AIMAR retains ownership of that AIMAR Technology and grants you a non-exclusive, perpetual license to use it as part of that Output. AIMAR makes no representation that any Output is protected by copyright or any other intellectual property right, or that it does not infringe the rights of any third party.

d. AIMAR Technology

AIMAR and its licensors own and retain all right, title, and interest in and to the Service and all related software, source code, interfaces, designs, databases, architecture, workflows, methodologies, marketing frameworks, templates, prompts, prompt structures, system instructions, models, algorithms, automation systems, analytical methods, know-how, documentation, trademarks, branding, and all improvements, modifications, and derivatives of any of them, and all related intellectual property rights (“AIMAR Technology“). All rights not expressly granted to you in these Terms are reserved by AIMAR.

e. Your License to Use the Service

Subject to these Terms and payment of applicable fees, AIMAR grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right, during your subscription, to access and use the Service for your internal business purposes.

f. Feedback

If you provide feedback, ideas, suggestions, feature requests, or other comments about the Service (“Feedback“), you grant AIMAR a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use, reproduce, modify, incorporate, commercialize, distribute, and otherwise exploit that Feedback for any purpose, without compensation or obligation to you. AIMAR has no obligation to use Feedback or to keep it confidential. Providing Feedback does not transfer ownership of your Customer Content to AIMAR.

g. Customer Name and Logo

Unless you opt out by emailing support@aimar.chat, AIMAR may identify you as a customer, using your business name and logo, on its website and in its marketing and investor materials. AIMAR will stop new uses within thirty (30) days after receiving your opt-out.

9. AI Training and Service Improvement

a. No Training on Identifiable Customer Content

AIMAR does not use identifiable Customer Content, including your confidential business information, marketing strategies, and communications, to train AIMAR’s or third parties’ generative AI models. AIMAR will not knowingly authorize its AI model providers to train their general-purpose models using Customer Content submitted through the Service.

b. Service Improvement

AIMAR may create and use aggregated, statistical, or de-identified information that does not reasonably identify you or reveal your confidential Customer Content to understand usage, improve performance and quality, identify issues, develop features, perform analytics, and otherwise improve and operate AIMAR’s business. AIMAR owns such information.

c. Access by AIMAR Personnel

Authorized AIMAR personnel and contractors bound by confidentiality obligations may access Customer Content and Outputs where necessary to provide support you request, maintain and troubleshoot the Service, investigate security incidents or misuse, enforce these Terms, or comply with law.

d. Opt-In Programs

If you expressly opt in to a program that permits broader use of your Customer Content, AIMAR may use it as described in that program.

10. Connected Services and Integrations

a. Connected Services

“Connected Services” means third-party applications, services, APIs, accounts, platforms, or products that you connect to or use through the Service, which may include Gmail, LinkedIn, HubSpot, Google Analytics, Google Search Console, and others that AIMAR supports from time to time.

b. Authorization

By connecting a Connected Service, you authorize AIMAR to access and use it within the permissions you grant and to carry out the actions you request, approve, schedule, or configure. AIMAR acts solely as a technical tool executing your instructions. You represent that you are authorized to connect each relevant account and to permit AIMAR to access it.

c. You Are the Sender and Publisher

Every email, message, post, publication, or other action executed through a Connected Service at your request, with your approval, or under a configuration you have set is your own act and communication, for which you are solely responsible.

d. Approvals, Scheduled, and Automated Actions

You must review all content, recipients, audiences, and timing before approving any action. Once you approve an action, or a scheduled or automated action reaches its execution time, it may be executed immediately and may not be reversible. Your configuration of recurring, scheduled, or automated functionality authorizes AIMAR to perform the configured actions until you disable or modify it, and you must cancel or modify scheduled actions before their execution time. Subject to Section 21(a), AIMAR is not responsible for any action executed in accordance with an approval or configuration made through your account, including where the content, recipients, audience, or timing is incorrect.

e. Permissions

Integration permissions may differ by integration and may change as functionality evolves. Where an integration is described as read-only, AIMAR will not intentionally modify the relevant Connected Service through it. AIMAR may expand, reduce, or change integration functionality and permissions after giving any notice or obtaining any authorization required by law or by the relevant platform’s policies.

f. Platform Rules and Account Restrictions

You are responsible for complying with the terms, policies, and limits of each Connected Service, including sending limits and automation rules. AIMAR may apply its own sending or posting limits but does not guarantee that a Connected Service will not restrict, suspend, or terminate your account.

g. Third-Party Services

Connected Services are operated by third parties, not AIMAR, and your use of them is subject to their own terms and privacy policies. AIMAR does not control and is not responsible for third-party outages, API failures or discontinuation, data supplied by third parties, policy, algorithm, functionality, or pricing changes, authentication failures, rate limits, account restrictions or suspensions, security incidents, or any other acts or omissions of Connected Services. AIMAR does not guarantee that any integration will remain available.

11. Google API Services

AIMAR’s use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy (https://developers.google.com/terms/api-services-user-data-policy), including the Limited Use requirements. In accordance with that policy, AIMAR does not use information received from Google Workspace APIs to develop, improve, or train generalized artificial intelligence or machine-learning models, and human access to such information is limited to the cases the Limited Use requirements permit. Section 9(c) applies to information received from Google APIs only within those limits.

Your use of Google integrations remains subject to Google’s applicable terms and policies. You may revoke AIMAR’s access through the Service’s integration controls or through your Google account. Further information about the data AIMAR accesses through Google integrations is provided in the Privacy Policy.

12. Expert Services and Expert Credits

a. Nature of Expert Services

AIMAR may provide access to marketing professionals, consultants, reviewers, or other experts, who may be AIMAR personnel or independent contractors, through Expert Credits, onboarding sessions, strategy reviews, consultations, or similar services (“Expert Services“). Expert Services are advisory, form part of the Service, and are subject to Sections 4, 20, and 21. They do not guarantee any business, marketing, sales, or financial result.

b. No Professional Relationship

Expert Services do not create an employment, partnership, joint venture, fiduciary, agency, legal, accounting, investment-advisory, or similar relationship between you and AIMAR or any expert.

c. Expert Credits and Scheduling

Expert Credits are subject to Section 5(d). A session that you cancel or reschedule less than twenty-four (24) hours before its start, or that you miss, is treated as delivered, and the relevant Expert Credit is used. Fees paid for separately purchased Expert Credits are non-refundable from the time of purchase, regardless of whether the credits have been used or the requested Expert Services have commenced, except where required by applicable law. Expert Credits are one-time purchases and do not renew automatically. Additional Expert Credits will only be charged when you initiate and authorize a new purchase.

d. Non-Circumvention

During your use of the Service and for twelve (12) months afterwards, you must not directly or indirectly engage, hire, or contract with any expert introduced to you through the Service for marketing services outside the Service, except through AIMAR or with AIMAR’s prior written consent. If you breach this Section, you must pay AIMAR a contractual penalty (неустойка) of EUR 5,000 for each expert concerned, without prejudice to AIMAR’s right to claim compensation for greater loss.

13. Free Trials, Beta Features, and Promotions

a. Free Trials

AIMAR may offer free trials. The duration, features, channel allowance, Usage Limits, and eligibility of any trial are those shown when you sign up, may differ from any paid plan, and may change for future trials. Trials are limited to one per business. AIMAR may refuse, restrict, or end any trial, including where it suspects abuse. If a trial requires payment details, it converts automatically into the paid plan shown at sign-up unless you cancel before the trial ends. A trial does not entitle you to continued access to any feature made available during it.

b. Beta Features

Features labeled alpha, beta, preview, early access, experimental, or similar (“Beta Features“) are provided for evaluation, may be unreliable or incomplete, may be changed or discontinued at any time, and are excluded from any commitment AIMAR makes.

c. Promotions

Promotional codes, discounts, and credits are subject to the conditions stated when offered, have no cash value, may not be combined unless stated, and may be withdrawn by AIMAR at any time before they are redeemed.

d. No Liability for Free Access and Beta Features

Subject only to Section 21(a), AIMAR has no liability of any kind in connection with free trials, free or promotional access, or Beta Features.

14. Fees, Subscriptions, and Payment

a. Subscriptions and Automatic Renewal

Paid subscriptions are billed in advance on a monthly or quarterly basis, depending on the billing plan selected at checkout. Subscriptions automatically renew for successive billing periods of the same duration unless canceled before the next renewal date, subject to these Terms.

By purchasing a subscription, you authorize AIMAR and its designated payment processor to automatically charge the payment method provided in your account for the applicable subscription fees at the beginning of each billing period until your subscription is canceled.

Subscription renewals are subject to AIMAR’s applicable fees and the price-change provisions in Section 14(c). You may cancel your subscription at any time in accordance with Section 17(a).

b. Payment

Fees are payable in the currency shown at checkout. You must keep a valid payment method on file. Payment processing is provided by third-party payment processors, whose terms may also apply.

c. Price Changes

AIMAR may change its fees. Price changes apply from your next renewal after at least thirty (30) days’ notice. If you do not agree to a price change, you may cancel before it takes effect; continuing your subscription after the change takes effect constitutes acceptance of the new price. Promotional prices apply only for the promotional period stated.

d. Taxes

Fees are exclusive of value added tax, sales, use, goods and services, withholding, and other taxes and duties (“Taxes“), which you must pay in addition to the fees, except for taxes on AIMAR’s net income. If you are a business customer established in the European Union outside Bulgaria and provide a valid VAT identification number, the reverse-charge mechanism may apply, and you are responsible for accounting for VAT. If you are required by law to withhold any Tax from a payment, you must increase the payment so that AIMAR receives the full amount it would have received had no withholding been required.

e. Failed and Late Payments

If a payment fails or is overdue, AIMAR may retry the payment, request an updated payment method, limit or downgrade functionality, or suspend or terminate access, and you remain responsible for all amounts due. Overdue amounts bear interest at the statutory rate applicable to commercial transactions under Bulgarian law from the due date until payment, and AIMAR may recover the fixed compensation for recovery costs and its reasonable collection costs, in each case to the extent permitted by law.

f. Billing Disputes and Chargebacks

You must notify AIMAR at support@aimar.chat of any disputed charge within thirty (30) days of the charge date. You must contact AIMAR before initiating any chargeback. An unjustified chargeback is a material breach of these Terms, and AIMAR may suspend your account and recover any associated fees and costs.

15. Marketplace and Reseller Purchases

a. Resellers

If you obtain access to the Service through a third-party marketplace, app store, reseller, or partner (a “Reseller“), your payment, billing, refund, and cancellation terms for that purchase are those of the Reseller, and AIMAR has no obligation to refund or credit amounts paid to the Reseller. These Terms govern your access to and use of the Service. A Reseller is not AIMAR’s agent and cannot make commitments on AIMAR’s behalf. AIMAR may suspend access if it does not receive payment from the Reseller for your access.

b. Lifetime and Long-Term Deals

Where access is sold as “lifetime,” “LTD,” or on similar terms, “lifetime” means the lifetime of the specific AIMAR product or plan purchased, for as long as AIMAR continues to offer it, and not the lifetime of the purchaser or of AIMAR. Such access includes only the features and Usage Limits described at the time of purchase, and remains subject to these Terms, fair use, AIMAR’s right to change the Service under Section 3(d), and termination under Section 17.

16. Refunds

  1. Except as expressly stated in Sections 3(d), 16(b), 17(d), and 26(f) and paragraph 6 of Schedule 1, or as required by mandatory law, all fees are non-refundable, including for partial billing periods, unused Usage Limits, credits, or Expert Credits, downgrades, periods of suspension due to your breach, and termination due to your breach. AIMAR may grant a refund or credit at its sole discretion, and doing so does not oblige it to do so again.
  2. Accelerate quarterly fit period. If you purchase Accelerate on a quarterly plan for the first time, you may notify AIMAR through the Service or at support@aimar.chat within fourteen (14) calendar days after the paid subscription begins that Accelerate is not a good fit. AIMAR will cancel the remaining quarterly commitment and refund two-thirds of the quarterly subscription fee paid, representing months two and three. You may continue using the features and services included in month one until the end of that month. You may retain and use the strategy, plan, and other Outputs delivered to you by then, subject to Section 8. This fit period applies only to your first paid quarterly Accelerate subscription, not to monthly plans or renewals.

17. Cancellation, Suspension, and Termination

a. Cancellation by You

You may cancel your subscription at any time through the Service or by another method AIMAR makes available. Unless otherwise stated, cancellation takes effect at the end of your current paid billing period, and you may continue to use your plan until then. Canceling a subscription stops future renewals but does not delete your account; account deletion is addressed in Section 18.

b. Suspension and Termination by AIMAR

AIMAR may, without liability, suspend, restrict, or terminate your account or access, with immediate effect where AIMAR considers it necessary, if AIMAR reasonably determines that:

  • you have breached these Terms or failed to pay amounts due;
  • your use creates a security risk or may harm AIMAR, another user, or a third party;
  • your use may expose AIMAR to legal, regulatory, or third-party platform liability or sanctions risk;
  • your activity appears fraudulent or abusive, or your account has been compromised; or
  • continued provision of the Service to you is prohibited by law or by the terms of AIMAR’s technology providers.

Where reasonably practicable and legally appropriate, AIMAR will give notice before terminating.

c. Inactive Accounts

AIMAR may close free or trial accounts that have been inactive for more than twelve (12) consecutive months after giving at least thirty (30) days’ notice.

d. Termination for Convenience

AIMAR may terminate your subscription, or discontinue the Service in whole or in part, for any reason by giving you at least thirty (30) days’ notice. In that case, AIMAR will refund the prepaid fees for the unused portion of your current billing period, which is your sole and exclusive remedy.

e. Effect of Termination

Upon termination, your right to use the Service ends, all amounts due become immediately payable, and Section 18 applies. Termination due to your breach does not entitle you to any refund.

18. Data Export, Switching, and Deletion

a. Your Backups

The Service is not a data archive or backup service. You are responsible for maintaining your own copies of Customer Content and Outputs that you wish to keep.

b. Export and Retrieval

During your subscription and for thirty (30) days after it ends (the “Retrieval Period“), you may export your Customer Content and Outputs using the export functionality available in the Service or by request to support@aimar.chat. After the Retrieval Period, AIMAR has no obligation to retain your data and may delete it in accordance with Section 18(d).

c. Switching Under the EU Data Act

Where Chapter VI of Regulation (EU) 2023/2854 (the “EU Data Act“) applies to you:

  • you may request to switch to another provider, or to port your exportable data to your own infrastructure, by notice to support@aimar.chat, and no notice period longer than two (2) months applies;
  • AIMAR will provide reasonable assistance during a transition period of up to thirty (30) days after the notice period ends, which may be extended where the EU Data Act permits, during which the Service continues under these Terms;
  • exportable data consists of Customer Content and Outputs and excludes AIMAR Technology, AIMAR’s trade secrets and confidential information, and data relating to the security or integrity of the Service;
  • you will have at least thirty (30) days after the transition period to retrieve your exportable data, after which AIMAR will erase it, subject to Section 18(d);
  • AIMAR will not impose switching charges except as permitted by the EU Data Act; and
  • switching does not entitle you to any refund, and, where you have committed to a fixed term, fees for the remainder of that term remain payable to the extent permitted by the EU Data Act.

d. Deletion and Retention

You may request deletion of your account through the Service or by contacting support@aimar.chat. Account deletion may permanently remove strategies, plans, generated content, conversation history, settings, integrations, reports, and other data. Following deletion, AIMAR will delete or anonymize personal data in accordance with the Privacy Policy and applicable law, but may retain information for a limited period in backup systems, where technically necessary for system integrity, for fraud prevention, security, accounting, or tax purposes, to establish, exercise, or defend legal claims, or where otherwise required or permitted by law.

19. Confidentiality and Security

a. AIMAR Confidential Information

You must keep confidential, and use only to the extent necessary to use the Service, all non-public information about the Service, including non-public pricing, product roadmaps, Beta Features, prompts, system instructions, documentation, and security information. This obligation continues for three (3) years after your use of the Service ends and, for trade secrets, for as long as they remain trade secrets.

b. Customer Content

AIMAR will not disclose Customer Content except to its personnel, contractors, and service providers who need access to provide the Service, as described in the Privacy Policy and the DPA, as permitted by these Terms, or where required by law.

c. Security

AIMAR implements technical and organizational measures that it considers appropriate to the risk, taking into account the state of the art, implementation costs, and the nature of the processing, as required by applicable data-protection law. No system is completely secure, and AIMAR does not guarantee that Customer Content will not be accessed, disclosed, lost, or corrupted. AIMAR will notify you of personal data breaches affecting Customer Content as required by the DPA and applicable law.

20. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, OUTPUTS, EXPERT SERVICES, BETA FEATURES, AND ALL RELATED CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIMAR DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY OR AVERAGE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, AIMAR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, AVAILABLE, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT ERRORS WILL BE CORRECTED; THAT OUTPUTS OR THIRD-PARTY INFORMATION WILL BE ACCURATE, COMPLETE, CURRENT, LAWFUL, OR SUITABLE; THAT CONNECTED SERVICES WILL REMAIN AVAILABLE OR WILL ACCEPT, DELIVER, OR DISPLAY CONTENT AS EXPECTED; OR THAT THE SERVICE WILL MEET YOUR BUSINESS, MARKETING, REVENUE, GROWTH, OR OTHER OBJECTIVES.

You acknowledge that, in entering into these Terms, you have not relied on any statement, representation, warranty, demonstration, case study, forecast, or marketing material that is not expressly set out in these Terms. No statement by AIMAR creates a warranty unless it is expressly identified as a warranty in a written agreement signed by AIMAR. Nothing in this paragraph limits liability for fraud.

Nothing in this Section excludes any warranty or liability that cannot lawfully be excluded, or affects Section 21(a).

21. Limitation of Liability

a. Liability That Is Not Excluded or Limited

Nothing in these Terms excludes or limits AIMAR’s liability for: (i) damage caused by AIMAR’s intent or gross negligence, which cannot be excluded or limited in advance under Article 94 of the Bulgarian Obligations and Contracts Act; (ii) personal injury; (iii) fraud; (iv) rights that data subjects have directly against AIMAR under the GDPR; or (v) any other liability that cannot be excluded or limited under the law governing these Terms. Every other provision of these Terms that excludes or limits AIMAR’s liability applies only to the fullest extent permitted by law and is subject to this Section 21(a).

b. How the Exceptions in Section 21(a) Are Determined

To give legal certainty to Section 21(a), and to reflect the allocation of risk on which AIMAR’s fees are based, you and AIMAR agree on the meanings set out below. This Section does not exclude or limit any liability preserved by Section 21(a). It records the obligations AIMAR has undertaken and the standards by which AIMAR’s conduct is to be assessed.

  • “Intent” means a deliberate act or omission by which AIMAR knowingly breached an obligation owed to you under these Terms while wanting, or knowingly accepting, the resulting harm to you. AIMAR’s exercise of any right under these Terms, including changing, limiting, suspending, or discontinuing any part of the Service, enforcing Usage Limits, or suspending or terminating an account, is not intent.
  • “Gross negligence” means a failure by AIMAR to exercise even the care that the least careful provider of comparable services would exercise in similar circumstances. It requires conduct substantially more culpable than a failure to exercise the care of a prudent merchant. The seriousness, extent, or amount of any loss does not in itself establish gross negligence.
  • “Fraud” means a statement of existing fact that AIMAR knew to be false when it was made, made with the intention of inducing you to enter into these Terms or to act on it, and on which you actually relied. Statements of opinion, estimates, forecasts, projections, expected results or benefits, product roadmaps or future features, and general promotional statements are not statements of existing fact.
  • “Personal injury” means the death of, or physical bodily injury to, a natural person caused directly by AIMAR. It does not include economic loss, loss of business or reputation, or distress or inconvenience that does not result from physical bodily injury.

c. Conduct That Is Not Intent or Gross Negligence

AI systems are probabilistic (Section 4), software cannot be made error-free, and the Service depends on independent third parties. Accordingly, none of the following in itself constitutes intent or gross negligence of AIMAR:

  • an Output that is inaccurate, incomplete, outdated, infringing, unlawful, or otherwise unsuitable, or any other behavior of an AI model;
  • a software defect, bug, error, outage, performance problem, or loss or corruption of data that occurs while AIMAR follows its normal development, testing, backup, and incident-response practices;
  • an act, omission, outage, security incident, or change of terms, policies, or functionality of an AI model provider, hosting or cloud provider, payment processor, Connected Service, or other independent third party that AIMAR selected with reasonable care;
  • a security incident that occurs while AIMAR maintains the technical and organizational measures described in the DPA;
  • executing an instruction, approval, configuration, or data submitted from your account or a Connected Service, or not detecting that it was unauthorized, erroneous, or unlawful;
  • not monitoring, reviewing, verifying, or correcting Customer Content, Outputs, recipients, audiences, or communications, which AIMAR is not obliged to do;
  • the professional judgment of an expert providing Expert Services, including advice that proves to be wrong;
  • the time taken to correct, disable, or work around a defect, where AIMAR acts within a period that is reasonable given the nature of the defect, the information available to AIMAR, and the resources of a business of AIMAR’s size; or
  • any event described in Section 26(f).

In relation to independent third-party providers, AIMAR’s obligation is limited to selecting them with reasonable care and using them in accordance with their documentation. AIMAR does not guarantee their performance.

d. Proof, Causation, and Apportionment

  • A party alleging intent, gross negligence, fraud, or personal injury must prove the facts establishing it, and the causal link between that conduct and each item of loss claimed, in accordance with Article 154(1) of the Bulgarian Civil Procedure Code. You and AIMAR agree that these matters are not presumed. The occurrence of a loss, the existence of a defect, or the fact that AIMAR’s liability is otherwise excluded or limited does not give rise to any inference of them.
  • Where a loss results partly from conduct within Section 21(a) and partly from other causes, including your acts or omissions, the acts of third parties, or AIMAR’s ordinary negligence, only the part of the loss that is a direct and immediate consequence of the conduct within Section 21(a) falls outside the other provisions of this Section 21. The rest of the loss remains subject to them.
  • Even where Section 21(a) applies, AIMAR is liable only for loss for which Article 82 of the Bulgarian Obligations and Contracts Act provides compensation, and Section 21(l) and Article 83 of that Act continue to apply.
  • AIMAR’s system records, including logs of logins, approvals, configurations, instructions, and executed actions, are evidence of the facts they record unless the contrary is proven.
  • Correcting an error, restoring data, issuing a refund, credit, or apology, or offering any other accommodation is not an admission of intent, gross negligence, fraud, or any other liability.

e. Exclusion of Liability for Ordinary Negligence

Subject to Section 21(a), AIMAR is not liable for any loss or damage caused by its ordinary negligence, including in providing the Service, generating Outputs, providing Expert Services, and operating Connected Services.

f. Excluded Types of Loss

Subject to Section 21(a), and whether or not Section 21(e) applies, AIMAR is not liable for any: loss of profit (including lost profit within the meaning of Article 82 of the Bulgarian Obligations and Contracts Act), revenue, sales, customers, business, contracts, or opportunities; loss of goodwill or reputation; loss or corruption of data, or costs of recreating data; loss of use or business interruption; costs of procuring substitute services; failed campaigns, advertising or media spend, or losses on social media, email deliverability, or search rankings; fines, penalties, or third-party claims imposed on or made against you; or any indirect, incidental, special, exemplary, consequential, or punitive loss or damage.

g. Excluded Causes

Subject to Section 21(a), AIMAR is not liable for any loss or damage arising from or relating to: your reliance on, implementation of, or failure to review any Output; errors, omissions, or inaccuracies in Outputs or third-party data; content you publish or send, and communications with your customers or prospects; business decisions you make; actions executed in accordance with your approvals or configurations; Connected Services, third-party platforms, APIs, or AI model providers, including their changes, outages, algorithm changes, and account restrictions; unauthorized access to your account resulting from your failure to protect credentials or devices; data or content provided by you or a third party; your failure to obtain required marketing, privacy, or other consents; third-party intellectual property claims relating to content you choose to use; security incidents outside AIMAR’s reasonable control; or events described in Section 26(f).

h. Maximum Liability

Subject to Section 21(a), AIMAR’s total aggregate liability for all claims arising out of or relating to these Terms or the Service, whatever the legal basis (including contract, tort, negligence, or statute), will not exceed the Fees Received that are attributable to the three (3) months of Service immediately preceding the first event giving rise to liability (for plans prepaid for a longer period, the pro-rata portion of the prepaid fee). If AIMAR has received no fees from you, AIMAR has no liability to you. Liability relating to a specific Expert Service is further limited to the Fees Received for that Expert Service. These limits apply in aggregate to you, your affiliates, and all accounts held by any of them, and the existence of more than one claim does not increase them.

i. Absolute Ceiling: Never More Than AIMAR Has Received

Subject to Section 21(a), the total of all amounts that AIMAR pays, refunds, or credits to you under or in connection with these Terms and the Service, whether as damages, refunds (including under Sections 3(d), 16 (b), 17(d), and 26(f) and paragraph 6 of Schedule 1), credits, or any other payment, and whatever the legal basis, will never exceed the total Fees Received from you. This ceiling applies to you, your affiliates, and all accounts held by any of them together, and prevails over any other provision of these Terms except Section 21(a). For the purposes of this Section 21(i), Fees Received is calculated before deducting any refund or credit made under these Terms.

j. Fees Received

“Fees Received” means the fees actually received by AIMAR from you for the Service, excluding Taxes, amounts that have been refunded, credited, or charged back, and amounts retained by any Reseller or payment processor.

k. No Personal Liability of AIMAR Parties

AIMAR’s managers, directors, shareholders, officers, employees, contractors, experts, agents, and licensors (the “AIMAR Parties“) have no personal liability to you in connection with these Terms or the Service. Subject to Section 21(a), you agree to bring any claim only against AIMAR and not against any AIMAR Party individually. The AIMAR Parties may rely on and enforce this Section 21 and Section 22, which are agreed for their benefit within the meaning of Article 22 of the Bulgarian Obligations and Contracts Act.

l. Mitigation and Contributory Fault

AIMAR is not liable for any loss that you could have avoided by exercising the care of a prudent business person, including by reviewing Outputs, maintaining backups, securing your account, and notifying AIMAR promptly. Where any loss is partly attributable to you, AIMAR’s liability is reduced accordingly.

m. Prompt Notice of Claims

You must notify AIMAR in writing of any claim promptly after becoming aware of the facts giving rise to it, so that AIMAR can investigate and mitigate. Nothing in this Section shortens or extends any statutory limitation period.

n. Allocation of Risk

The fees for the Service reflect, and are set in reliance on, the allocation of risk in these Terms. The exclusions and limitations in this Section form an essential basis of the bargain between you and AIMAR and apply even if any limited remedy fails of its essential purpose and even if AIMAR has been advised of the possibility of the relevant loss.

22. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless AIMAR and the AIMAR Parties from and against all claims, proceedings, damages, liabilities, losses, judgments, settlements, fines, penalties, costs, and expenses (including reasonable legal fees) arising from or relating to:

  • your use or misuse of the Service, or any use of the Service through your account;
  • your Customer Content, and any content you publish, send, distribute, or implement;
  • your products, services, offers, claims, or business;
  • your marketing communications and actions executed through Connected Services from your account;
  • your processing of personal data, or your failure to obtain any required consent, notice, or authorization;
  • your violation of any law, including marketing, privacy, advertising, consumer-protection, intellectual-property, sanctions, or AI laws;
  • your infringement of any third party’s rights or breach of any third-party platform rules;
  • any misrepresentation about your status as a business under Section 1(a); or
  • your breach of these Terms.

As between you and AIMAR, you bear all loss arising from claims by data subjects, supervisory authorities, or other third parties relating to personal data processed for you through the Service. The only exception is the part of the loss that a final court judgment, or a final decision of a competent authority, establishes was caused by AIMAR acting outside or contrary to your lawful instructions, or breaching obligations that the GDPR places specifically on processors (Articles 82(2) and 82(5) of the GDPR).

You must pay amounts due under this Section, including defense costs, as they are incurred, within fourteen (14) days of AIMAR’s demand. AIMAR may set off any amount you owe AIMAR, including under this Section, against any amount AIMAR owes you.

AIMAR will notify you of any claim for which it seeks indemnification. AIMAR may control the defense of any such claim at your expense, and you must cooperate with AIMAR’s defense. You must not settle any claim without AIMAR’s prior written consent. Your obligations under this Section are not subject to any limitation of liability in these Terms. This Section does not apply to the extent a claim results from AIMAR’s intent or gross negligence, as defined in Section 21(b).

23. Illegal Content Notices (EU Digital Services Act)

a. Points of Contact

AIMAR’s single point of contact for authorities of the Member States, the European Commission, and the European Board for Digital Services, and for recipients of the Service, under Articles 11 and 12 of Regulation (EU) 2022/2065 (the “Digital Services Act“) is support@aimar.chat. Communications may be made in English or Bulgarian.

b. Notices

Anyone may notify AIMAR of content on the Service that they consider illegal by emailing support@aimar.chat with a sufficiently substantiated explanation of why the content is illegal, the exact electronic location of the content, their name and email address (except in cases provided by law), and a statement confirming their good-faith belief that the notice is accurate and complete.

c. Content Moderation

AIMAR may restrict content or accounts in accordance with Sections 6 and 17. AIMAR uses a combination of automated tools, such as rate limits, abuse detection, and safety filters applied by AIMAR or its AI model providers, and human review. Where required by the Digital Services Act, AIMAR will provide a statement of reasons for any restriction it imposes, and you may contest a decision by replying to it or emailing support@aimar.chat.

24. Communications, Notices, and Changes to These Terms

a. Service Communications

AIMAR may send you transactional and Service-related communications about your account, security, authentication, billing, subscriptions, renewals, integrations, outages, changes to the Service, legal notices, and support. These communications are not promotional, and you will continue to receive them while you have an account even if you opt out of promotional messages.

b. Notices

AIMAR may give notices by email to the address associated with your account or by in-app message, and notices are deemed received twenty-four (24) hours after sending. You must send legal notices to AIMAR at support@aimar.chat with the subject line “Legal Notice.”

c. Changes to These Terms

AIMAR may amend these Terms. For changes that materially and adversely affect your rights, AIMAR will give at least thirty (30) days’ notice before they take effect and may require you to accept the updated Terms, for example by ticking a box, to continue using the Service. Changes required by law or for security or regulatory reasons, and changes relating to new features, may take effect sooner or immediately. If you do not agree to a change, you may cancel your subscription before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms to the extent permitted by law. Changes do not apply to disputes that arose before their effective date.

25. Governing Law and Disputes

a. Informal Resolution

Before starting any proceedings, you must send AIMAR a written notice of dispute at support@aimar.chat describing the claim and the relief sought, and you and AIMAR will attempt in good faith to resolve the dispute for thirty (30) days. This does not prevent AIMAR from seeking interim or injunctive relief or collecting unpaid fees.

b. Governing Law

These Terms and any dispute or claim, whether contractual or non-contractual, arising out of or in connection with them or the Service are governed by the laws of the Republic of Bulgaria, excluding its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

c. Jurisdiction

The competent courts in Sofia, Republic of Bulgaria, have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service, including any dispute regarding their existence, validity, or termination and any non-contractual dispute. For AIMAR’s benefit only, AIMAR may also bring proceedings against you in the courts of the Member State of the European Union, or of the State bound by the 2007 Lugano Convention, in which you have your registered office or principal place of business.

d. Individual Claims and Jury Waiver

To the extent permitted by law, disputes will be resolved only on an individual basis, and you may not bring a claim as a plaintiff or class member in any class, collective, consolidated, or representative action or proceeding. To the extent permitted by law, you and AIMAR each waive any right to a trial by jury.

26. General Terms

a. Entire Agreement and Order of Precedence

These Terms, the DPA, any order form or plan description you accept, and any policies expressly incorporated by reference form the entire agreement between you and AIMAR regarding the Service and supersede all prior communications. If there is a conflict, the following order of precedence applies: (i) a written agreement or order form signed by AIMAR that expressly overrides these Terms; (ii) the DPA, with respect to the processing of personal data; (iii) these Terms; and (iv) other policies. Any terms in your purchase orders or other documents do not apply and are rejected.

b. Severability

If any provision of these Terms is held to be invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Where a provision is invalid only in part, the valid part remains effective, and you and AIMAR agree that these Terms would have been concluded without the invalid part.

c. No Waiver

AIMAR’s failure or delay in enforcing any provision of these Terms does not waive its right to enforce that provision later.

d. Assignment and Subcontracting

You may not assign or transfer your rights or obligations under these Terms without AIMAR’s prior written consent. AIMAR may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, corporate reorganization, financing, or sale of assets, and may subcontract the performance of its obligations.

e. Independent Parties

These Terms do not create a partnership, joint venture, franchise, fiduciary, employment, or agency relationship. Except for actions that AIMAR performs through a Connected Service based on your authorization, neither party is authorized to bind the other.

f. Force Majeure

AIMAR is not responsible for any delay or failure to perform caused by circumstances beyond its reasonable control, including failures, changes, or withdrawal of services by AI model, cloud, hosting, or telecommunications providers; internet or utility outages; cyberattacks; governmental or regulatory action, including sanctions; epidemics; natural disasters; war; civil unrest; labor disputes; or third-party platform failures. AIMAR’s affected obligations are suspended for the duration of the event. If such an event prevents AIMAR from providing the core Service for more than thirty (30) consecutive days, either party may terminate the affected subscription, and AIMAR will refund prepaid fees for the unused period.

g. Survival

Provisions that by their nature should survive termination will survive, including Sections 5(d), 8, 9, 12(d), 14, 16, 18, 19, 20, 21, 22, 25, and 26, and Schedule 1 for as long as AIMAR processes Customer Personal Data.

h. Language

These Terms are drawn up in English. Any translation is provided for convenience only, and the English version prevails in the event of any conflict, to the extent permitted by law.

i. Electronic Contracting

These Terms are concluded electronically. Your electronic acceptance constitutes a binding electronic statement, and AIMAR’s electronic records of your acceptance and use of the Service are admissible as evidence, to the extent permitted by law.

j. Interpretation

In these Terms, “including” and similar words mean “including without limitation.” Headings are for convenience only and do not affect interpretation.

k. Third-Party Rights

Except for the AIMAR Parties under Sections 21 and 22, no third party has any right to enforce these Terms.

27. Contact and Company Information

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

Adithana Marketing LLC

UIC (ЕИК): 205958514

Registered office: 11 G Prof. Hristo Vakarelski Str., Sofia, Republic of Bulgaria

VAT number: BG205958514

Email: support@aimar.chat

Website: aimar.chat

By creating an account, purchasing a subscription, or otherwise accessing or using the Service, you confirm that you are acting for business purposes and that you have read, understood, and agreed to these Terms of Service.

Schedule 1: Data Processing Terms

This Schedule forms part of the Terms and sets out the terms required by Article 28(3) of Regulation (EU) 2016/679 (the “GDPR“) for AIMAR’s processing of personal data contained in Customer Content on your behalf (“Customer Personal Data“). It applies only to the extent that the GDPR, the UK GDPR, or comparable data-protection law applies to that processing and requires such terms. Terms defined in the GDPR have the same meaning in this Schedule.

1. Roles and Scope

You are the controller, or a processor acting on behalf of your own controller, and AIMAR is your processor or sub-processor of Customer Personal Data. This Schedule does not apply to personal data that AIMAR processes as a controller under the Privacy Policy.

2. Details of Processing

  • Subject matter and duration: provision of the Service to you for the term of your subscription and the Retrieval Period under Section 18(b), and afterwards only as described in paragraph 10.
  • Nature and purpose: hosting, storing, organizing, analyzing, and retrieving Customer Personal Data; generating Outputs; and transmitting communications and content through Connected Services, in each case to provide the Service to you.
  • Types of personal data: contact and identification details, such as names, email addresses, phone numbers, job titles, and employers; professional and business profile information; the content of communications and marketing materials; engagement, analytics, and campaign-performance data; and any other personal data you choose to submit, excluding the data prohibited by Section 6(d).
  • Categories of data subjects: your customers, prospects, leads, contacts, subscribers, employees, contractors, and authorized users, and any other individuals whose personal data you submit.

3. Your Instructions

AIMAR will process Customer Personal Data only on your documented instructions, unless required to do otherwise by European Union or Member State law, in which case AIMAR will inform you of that legal requirement before processing unless the law prohibits it. Your documented instructions consist of these Terms, your use and configuration of the Service (including the Connected Services, approvals, and settings you choose), and any additional written instructions that AIMAR accepts in writing. These are your complete instructions. They include your instruction to create aggregated and de-identified information under Section 9(b). AIMAR may decline additional instructions, or make them subject to additional fees. AIMAR will inform you if, in its opinion, an instruction infringes the GDPR or other data-protection law, and may suspend the affected processing until the instruction is withdrawn or confirmed as lawful. AIMAR is not obliged to assess whether your instructions are lawful, and you are responsible for ensuring that they are.

4. Confidentiality

AIMAR will ensure that the persons it authorizes to process Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

5. Security

AIMAR will implement the technical and organizational measures required by Article 32 of the GDPR, including those set out in the Annex to this Schedule. AIMAR may update these measures, provided that the overall level of protection is not materially reduced. You are responsible for the security measures within your control, including account security under Section 2 and the security of your Connected Services.

6. Sub-processors

You give AIMAR general authorization to engage sub-processors. The current list of sub-processors is available at https://aimar.chat/privacy-policy/ . AIMAR will inform you of any intended addition or replacement of a sub-processor by updating that list and notifying you by email or within the Service at least fourteen (14) days in advance, except where a shorter period is necessary for the security or continuity of the Service. You may object in writing, stating reasonable data-protection grounds, within that period. If you do not object within that period, you are deemed to have accepted the change. If AIMAR does not accommodate your objection, your sole and exclusive remedy is to terminate the affected subscription, in which case AIMAR will refund the prepaid fees for the unused period, subject to Section 21(i). AIMAR will impose on each sub-processor, by contract, data-protection obligations no less protective than those in this Schedule and, to the extent required by Article 28(4) of the GDPR, remains responsible to you for the performance of those obligations, subject to Section 21.

7. International Transfers

AIMAR and its sub-processors may transfer Customer Personal Data outside the European Economic Area only in compliance with Chapter V of the GDPR, including on the basis of an adequacy decision, such as the EU-US Data Privacy Framework for certified recipients, or of the standard contractual clauses adopted by Commission Implementing Decision (EU) 2021/914 (the “SCCs“). You authorize such transfers. Where the SCCs are required for a transfer between you and AIMAR, the applicable module of the SCCs is incorporated by reference, with the laws of the Republic of Bulgaria as the governing law and the courts of Sofia as the chosen forum wherever the SCCs allow a choice.

8. Assistance

Taking into account the nature of the processing and the information available to AIMAR, AIMAR will provide reasonable assistance to you: (a) by appropriate technical and organizational measures, including the self-service functionality of the Service, insofar as possible, for the fulfillment of your obligation to respond to requests from data subjects exercising their rights; and (b) in ensuring compliance with your obligations under Articles 32 to 36 of the GDPR. If AIMAR receives a request directly from a data subject relating to Customer Personal Data, it will refer the data subject to you where the request identifies you. AIMAR may charge for assistance that goes beyond the functionality of the Service at its then-current rates, except where the assistance is needed because of AIMAR’s own breach of this Schedule.

9. Personal Data Breaches

AIMAR will notify you, at the email address associated with your account, without undue delay after becoming aware of a personal data breach affecting Customer Personal Data, and will provide the information reasonably available to it that you need to meet your own notification obligations. Such a notification is not an acknowledgment of fault or liability by AIMAR.

10. Return and Deletion

At the end of the Service, you may retrieve Customer Personal Data during the Retrieval Period under Section 18(b), which constitutes its return to you. After the Retrieval Period, AIMAR will delete Customer Personal Data, including existing copies, unless European Union or Member State law requires its storage. Copies held in backups will be deleted in the ordinary course of AIMAR’s backup cycle and will remain protected under this Schedule until then.

11. Information and Audits

AIMAR will make available to you the information reasonably necessary to demonstrate compliance with Article 28 of the GDPR, including written responses to reasonable security questionnaires and any relevant certifications or third-party reports that AIMAR holds. Where that information is not sufficient to demonstrate compliance, or where a supervisory authority requires it, AIMAR will allow for and contribute to audits, including inspections, by you or an independent auditor you mandate. Audits require at least thirty (30) days’ written notice unless a supervisory authority requires otherwise; may take place no more than once in any twelve (12) month period, except following a personal data breach affecting Customer Personal Data or where a supervisory authority requires it; must be conducted during normal business hours without unreasonable disruption and under appropriate confidentiality obligations; do not extend to other customers’ data or to AIMAR’s trade secrets; must be performed by you or an auditor who is not a competitor of AIMAR and who is bound by confidentiality obligations acceptable to AIMAR; and are at your cost, including AIMAR’s time at its then-current rates. Audit information and results are AIMAR Confidential Information under Section 19(a).

12. Your Obligations

You are responsible for the lawfulness of the processing you instruct, including having a lawful basis and providing the required notices under Section 7, and for the accuracy of Customer Personal Data. You must not instruct AIMAR to process data prohibited by Section 6(d). You warrant that your instructions, and the processing they require, comply with applicable law, and Section 22 applies to any claim arising from them.

13. Liability and Precedence

This Schedule is subject to Sections 21 and 22, to the extent permitted by law. Nothing in this Schedule limits the rights of data subjects under the GDPR. If this Schedule conflicts with any other part of these Terms concerning the processing of Customer Personal Data, this Schedule prevails, except for Sections 21 and 22, which always apply.

Annex: Security Measures

AIMAR maintains the following technical and organizational measures, which it may update in accordance with paragraph 5:

  • encryption of data in transit using current TLS standards, and encryption of data at rest through AIMAR’s hosting providers;
  • encrypted storage of access tokens and credentials for Connected Services;
  • access to production systems and Customer Personal Data restricted to authorized personnel on a need-to-know basis, with multi-factor authentication for administrative access;
  • logging of administrative access and of actions executed through Connected Services;
  • regular backups of production data;
  • timely application of security updates to systems and software dependencies;
  • use of hosting and infrastructure providers that hold recognized security certifications, such as ISO/IEC 27001 or SOC 2;
  • security due diligence on sub-processors before engaging them;
  • a documented incident-response procedure; and
  • confidentiality obligations and security awareness for personnel with access to Customer Personal Data.