Terms of Service

Terms of Service

Last Updated: October 26, 2023

Welcome to detekcegpt.cz! These Terms of Service ("Terms") govern your access to and use of the AI-content detection services (the "Service") provided by Ollcee s.r.o. ("Ollcee," "we," "us," or "our") via the websites detekcegpt.cz, gpterkennung.de, and gptrevealer.com (collectively, the "Sites").

By creating an account, purchasing a Pro Plan, uploading text for analysis, or otherwise accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at /privacy-policy), which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Service.

1. Definitions

"Service": The AI-content detection functionalities, tools, and information provided by Ollcee through the Sites.

"Sites": The websites detekcegpt.cz, gpterkennung.de, and gptrevealer.com, and any associated subdomains or services.

"User Content": Any text, data, or other materials you submit, upload, or transmit to the Service for analysis.

"Pro Plan": The paid subscription tier of the Service, offering enhanced features, higher usage quotas, or other benefits as described on our pricing page.

"Stripe": Stripe Payments Europe, Ltd., our third-party payment processor for Pro Plan subscriptions.

"Account": The user-specific access credentials created to use certain features of the Service, particularly the Pro Plan.

2. The Service

2.1. Service Description: We provide a Service that analyzes User Content to estimate the likelihood that it was generated by an artificial intelligence model.
2.2. Probabilistic Nature: You acknowledge that the results provided by the Service are probabilistic estimates and are not definitive statements of fact. The Service is a tool to aid human judgment and should not be the sole basis for any decision. Ollcee is not responsible for any conclusions drawn or actions taken based on the Service's output.
2.3. Service Levels and Quotas: Specific service levels, usage quotas, and features, particularly for the Pro Plan, are detailed on the pricing page of the Sites or within your Account dashboard. These may be subject to change as per Section 14 (Changes to Terms).
2.4. Modifications to Service: We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Ollcee will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

3. Account Registration & Eligibility

3.1. Eligibility: You must be at least 16 years old to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service and that they have agreed to these Terms on your behalf.
3.2. Account Creation: To access certain features, such as the Pro Plan, you may need to create an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.3. Account Responsibility: You are responsible for safeguarding your Account password and for any activities or actions under your Account, whether or not you have authorized such activities or actions. You agree to notify us immediately at [email protected] of any unauthorized use of your Account.
3.4. Account Suspension/Termination: Ollcee reserves the right to suspend or terminate your Account and access to the Service if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or if you engage in any activity that breaches these Terms, poses a security risk, or may cause legal liability for us or others.

4. Fees, Payments, and Subscriptions (Pro Plan)

4.1. Pro Plan Fees: Fees for the Pro Plan are billed in advance on a recurring basis (e.g., monthly or annually) as specified at the time of purchase and are processed through Stripe. All prices are shown inclusive of VAT where applicable, based on your billing country.
4.2. Payment Authorization: By providing payment information for a Pro Plan, you authorize Ollcee (through Stripe) to charge your chosen payment method for the subscription fees.
4.3. Automatic Renewal: Unless you cancel your Pro Plan subscription before the end of the current billing cycle, your subscription will automatically renew for an equivalent period, and you authorize us to charge the then-applicable subscription fee to your payment method.
4.4. Cancellation: You may cancel your Pro Plan renewal at any time through your Account settings or by contacting us at [email protected]. Cancellations must be made at least 24 hours before the next billing date to avoid being charged for the next billing cycle. Cancellation will be effective at the end of the current billing period, and you will retain access to Pro Plan features until then.
4.5. Failed Payments: If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, we may suspend your access to the Pro Plan until we have successfully charged a valid payment method.
4.6. Refunds: Payments are generally non-refundable. If you are a consumer in the European Union, you have a statutory right to withdraw from a Pro Plan purchase within 14 days of purchase without giving any reason, provided the Service has not been fully performed with your prior express consent and acknowledgement that you thereby lose your right of withdrawal. Once you begin using the Pro Plan features, you acknowledge that performance of the Service has begun, and your right to a refund under the EU consumer withdrawal rules may be limited or waived. Any refunds outside of this will be at Ollcee's sole discretion.
4.7. Price Changes: We reserve the right to change Pro Plan fees. We will provide you with reasonable prior notice of any price changes, typically via email or an in-app notification, giving you an opportunity to cancel your subscription before the changes take effect.

5. User Content

5.1. License Grant: By submitting User Content to the Service, you grant Ollcee a worldwide, non-exclusive, royalty-free, sublicensable (solely to our service providers who assist in providing the Service) license to use, reproduce, process, adapt, modify, and transmit your User Content solely for the purpose of providing, maintaining, and improving the Service, and as described in our Privacy Policy. This license includes the right to analyze the User Content and to delete it after processing, as detailed in our Privacy Policy (typically within 24 hours for submitted texts).
5.2. Your Responsibility for User Content: You are solely responsible for your User Content and the consequences of submitting it. You represent and warrant that:
a. You own or have the necessary licenses, rights, consents, and permissions to submit the User Content and to grant Ollcee the license set forth above.
b. Your User Content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
c. Your User Content does not contain any material that is unlawful, defamatory, libelous, threatening, pornographic, obscene, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
d. Your User Content does not contain personal data of minors under 16 unless you have obtained verifiable parental consent.
e. Your User Content does not contain viruses, adware, spyware, worms, or other malicious code.
5.3. Prohibited Content and Use: You agree not to use the Service to:
a. Upload or analyze any User Content that violates Section 5.2.
b. Engage in any activity that is illegal, fraudulent, or harmful.
c. Attempt to reverse engineer, decompile, or otherwise discover the source code or underlying algorithms of the Service or its AI models.
d. Interfere with or disrupt the integrity or performance of the Service or its related systems.
e. Use the Service for any purpose that could be deemed unethical, discriminatory, or to create or propagate misinformation without clear disclosure.
5.4. Monitoring and Removal: We do not routinely monitor User Content but reserve the right (though not the obligation) to review, screen, or remove User Content that violates these Terms or is otherwise objectionable, at our sole discretion and without prior notice.

6. Intellectual Property Rights

6.1. Ollcee's IP: All rights, title, and interest in and to the Service and the Sites, including all software, AI models, algorithms, designs, text, graphics, logos, trademarks, service marks, and other intellectual property (collectively, "Ollcee IP"), are and will remain the exclusive property of Ollcee s.r.o. and its licensors. These Terms do not grant you any rights to use the Ollcee IP except for the limited right to access and use the Service as expressly permitted herein.
6.2. User Content IP: Subject to the license granted in Section 5.1, you retain all your ownership rights in your User Content.

7. Service Availability and Maintenance

7.1. Availability: We strive to ensure the Service is available and operational. However, we do not guarantee uninterrupted, timely, secure, or error-free access to the Service. The Service may be subject to downtime for maintenance, upgrades, or due to unforeseen circumstances beyond our control.
7.2. Maintenance: We may perform scheduled or unscheduled maintenance. We will endeavor to provide advance notice of scheduled maintenance that may significantly impact Service availability, typically via your Account dashboard or email.

8. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING CZECH LAW), OLLCEE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT.

OLLCEE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; OR (IV) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

9. Limitation of Liability

9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OLLCEE SHALL BE LIABLE WITHOUT LIMITATION FOR DAMAGES CAUSED BY INTENT (ÚMYSL) OR GROSS NEGLIGENCE (HRUBÁ NEDBALOST) ON THE PART OF OLLCEE, ITS LEGAL REPRESENTATIVES, OR VICARIOUS AGENTS.
9.2. FOR SLIGHT NEGLIGENCE (LEHKÁ NEDBALOST), OLLCEE SHALL BE LIABLE ONLY IF AN ESSENTIAL CONTRACTUAL OBLIGATION (PODSTATNÁ SMLUVNÍ POVINNOST – AN OBLIGATION THE FULFILLMENT OF WHICH IS ESSENTIAL FOR THE PROPER EXECUTION OF THE CONTRACT AND ON THE OBSERVANCE OF WHICH THE OTHER PARTY REGULARLY RELIES AND MAY RELY) HAS BEEN BREACHED. IN SUCH CASES, LIABILITY SHALL BE LIMITED TO THE TYPICAL, FORESEEABLE DAMAGE.
9.3. LIABILITY FOR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, IS EXCLUDED IN CASES OF SLIGHT NEGLIGENCE.
9.4. THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DAMAGES RESULTING FROM DEATH, PERSONAL INJURY, OR HARM TO HEALTH, NOR TO LIABILITY UNDER MANDATORY STATUTORY PROVISIONS (E.G., PRODUCT LIABILITY LAW OR MANDATORY CONSUMER PROTECTION RIGHTS).

10. Indemnification

You agree to defend, indemnify, and hold harmless Ollcee s.r.o., its affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

11. Termination

11.1. Termination by You:
a. Free Users: You may stop using the Service at any time.
b. Pro Plan Users: You may cancel your Pro Plan subscription as described in Section 4.4. Termination will be effective at the end of the current billing period.
11.2. Termination by Ollcee: We may terminate or suspend your Account and access to the Service, with or without prior notice, for any reason, including, without limitation:
a. If you breach these Terms.
b. For Pro Plan users, upon 30 days' written notice if we decide to discontinue the Service or a significant part of it.
c. Immediately, if required by law or for security reasons.
11.3. Effect of Termination: Upon termination, your right to use the Service will immediately cease. If you have a Pro Plan, you will not be charged for any subsequent billing periods. Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. User Content will be handled as described in our Privacy Policy.

12. Governing Law and Dispute Resolution

12.1. Governing Law: These Terms and any disputes arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law principles.
12.2. Consumer Rights: If you are a consumer resident in the European Union, this choice of law shall not deprive you of the protection afforded to you by mandatory provisions of the law of the country where you have your habitual residence.
12.3. Venue for Business Users: For any disputes with business users (entrepreneurs), the exclusive venue shall be the competent courts in Pardubice, Czech Republic.
12.4. Informal Resolution: We encourage you to contact us at [email protected] to try to resolve any disputes informally before resorting to formal legal action.
12.5. Online Dispute Resolution (Consumers): If you are a consumer resident in the EU, you may use the European Commission’s online dispute resolution platform (ODR platform): http://ec.europa.eu/consumers/odr.

13. Changes to 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 fourteen (14) days' notice prior to any new terms taking effect. Notice may be provided via email to the address associated with your Account, an in-app banner on the Sites, or by posting the updated Terms on the Sites. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

14. Miscellaneous

14.1. Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ollcee s.r.o. concerning the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Ollcee.
14.2. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
14.3. No Waiver: The failure of Ollcee to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14.4. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ollcee without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
14.5. Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

15. Contact Information

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

Ollcee s.r.o.
Příčná 1892/4, Nové Město (Praha 1)
110 00 Praha, Czech Republic
Email: [email protected]