Terms of Conditions

These Terms of Conditions (“Terms”) apply to your use of Joaia for Individuals, together with all related software applications, technologies and websites (“Services”), including consumers’ personal, non-commercial use of our Services. You enter into a contract with us when you confirm that you accept these Terms or when you otherwise use the Services.

Our Privacy Policy explains how we collect and process personal data. Although it is not part of these Terms, it is an important document that you should read.

Who we are

Holoai GmbH is a company that develops the Joaia app. Our goal is to redefine travelling with the help of artificial intelligence.

Registration and access

Minimum age: You must be at least 13 years old or the minimum age required in your country to use the Services. If you are under the age of 18, you must have the consent of your parent or legal guardian to use the Services and ask them to read these Terms with you.

Registration: You must provide accurate and complete information to register for an account to use our Services. You may not share your account information or make your account available to any other person and are responsible for all activities that occur under your account. If you are creating an account or using the Services on behalf of another person or entity, you must be authorised to accept these Terms on their behalf.

Use of our services

What you can do. You may access and use our Services provided that you comply with these Terms. You must comply with all applicable laws when using our Services.

What you must not do. You may not use our Services for illegal, harmful or abusive activities. For example, you must not:

• Use our Services in a way that infringes, misuses or violates the rights of others.
• Modify, copy, rent, sell or distribute our services.
• Attempt to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms or systems, or assist anyone to do so (unless this restriction is prohibited by applicable law).
• Automatically or programmatically extract any Data or Output (as defined below).
• Interfere with or disrupt our Services, including by circumventing any limits or restrictions or by circumventing any protections or safeguards we have put in place for our Services.
• Using Output to develop models that compete with Joaia.

Software: Our Services may allow you to download software, such as mobile applications, which may be automatically updated to ensure you are using the latest version. Our software may include open source software that is subject to proprietary licences that we have made available to you.

Third party services: Our Services may include third-party software, products or services (“Third-Party Services”), and some areas of our Services, such as our search function, may include output from these services (“Third-Party Output”). Third Party Services and Third Party Output are subject to their own terms and conditions, and we are not responsible for them.

Feedback: We welcome your feedback about our Services, but you agree that we may use it to provide, maintain, develop and improve our Services without compensation to you.

Contents

Your content: You can provide input to the Services (“Input”) and receive output from the Services based on the Input (“Output”). Input and Output are collectively referred to as “Content”. You are responsible for the Content, including ensuring that it does not violate applicable law or these Terms. You represent and warrant that you have all rights, licences and permissions necessary to provide Input to our Services.

Rights to the Content: As between you and Holoai, and to the extent permitted by applicable law, We retain (a) ownership rights in the Input and (b) rights in the Output.
Similarity of Content. Due to the nature of our Services and artificial intelligence in general, the Output may not be unique, and other users may receive similar Output from our Services.

Our use of the content: We may use your Content globally to provide, maintain, develop and improve our Services, comply with applicable laws, enforce our terms and policies, and keep our Services secure.

Accuracy: Artificial intelligence and machine learning are rapidly developing areas of research. We are constantly working to improve our services to make them more accurate, reliable, secure and useful. Due to the probabilistic nature of machine learning, in some situations the use of our services may result in output that does not accurately reflect real people, places or facts.

By using our services, you agree to the following:

• The output may not always be accurate. You should not rely on the Output from our Services as a sole source of truth or factual information or as a substitute for professional advice.
• You must evaluate Output for accuracy and appropriateness for your use case, including appropriate human review, before using or sharing Output from the Services.
• You may not use Output with respect to an individual for any purpose that could have a legal or material effect on that individual, such as making credit, educational, employment, housing, insurance, legal, medical or other important decisions.
• Our Services may provide incomplete, inaccurate or offensive Output that does not reflect Holoai views. When Output refers to a third party’s products or services, it does not imply that the third party endorses or is affiliated with Holoai.

Our IP rights

We and our affiliates own all right, title and interest in and to the Services. You may only use our name and logo in accordance with our brand guidelines.

Termination and blocking

Your rights: You may terminate your use of our Services and your legal relationship with Holoai at any time by emailing us from your account that you use for Joaia and discontinuing your use of the Services.

Holoai Rights: We may take action to suspend or terminate your access to our Services or deactivate your account if we determine, in our reasonable and objective judgement, that:

• You have breached these Terms or our Acceptable Use Policy.
• We need to do this to comply with the law.
• Your use of our services could pose a risk or harm to Holoai, our users or others.
• Your account has been inactive for more than one year.

Notice: If we deactivate your account, we will make reasonable efforts to notify you in advance so that you can export your content or your data from the Services, unless it is not reasonable for us to do so, we have reasonable grounds to believe that continued access to your account will cause harm to Holoai or others, or we are prohibited by law from doing so.

Objections: If you believe that we have incorrectly suspended or disabled your account, you may appeal to us by contacting Support (support@joaia.app).

Our promises to you

How we provide the Services: We undertake to provide the Services to you with reasonable skill and care and to act with professional diligence. We do not promise to provide the Services forever or in their current form for any particular period of time.

Liability: Provided that we have acted with professional care, we will not be liable for any loss or damage caused by us unless it is

• caused by our breach of these terms and conditions; or
• reasonably foreseeable at the time the contract was made.

We accept no liability for loss or damage caused by events beyond our reasonable control. We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. You will continue to enjoy the full protection of the laws that apply to you.

Legal rights: You have certain legal rights which cannot be limited or excluded by a contract or which are available to you at law, for example because you are a consumer. These Terms are not intended in any way to affect or limit those rights.

EEA Consumer Rights: If you are a consumer resident in the EEA, EEA consumer protection laws provide you with a statutory warranty for the Services. If you have any questions about your statutory warranty, please contact Support (support@joaia.app)

Dispute resolution

Concerns: In the event of a dispute, we would first like to try to understand and resolve your concerns before taking formal legal action. To report your concerns, you can contact us via the Support (support@joaia.app).

Court: If we are unable to resolve our dispute, you or we may bring the dispute before the court with local jurisdiction over you.

Alternative dispute resolution for consumers in the EEA: If you are resident in the EEA, you can also submit the dispute to an alternative dispute resolution entity via the European Commission’s Online Dispute Resolution (ODR) platform, which can be found at https://ec.europa.eu/consumers/odr.

General conditions

Assignment: You may not assign or transfer any rights or obligations under this Agreement. We may assign or transfer our rights or obligations under this Agreement to an affiliate or subsidiary or a legal successor to a business associated with our Services. If we do so, your rights as a consumer will not be affected. If you are not satisfied, you have the right to terminate your legal relationship with Holoai and stop using our Services at any time.

Changes to these Terms or our Services: We are constantly working to develop and improve our Services. We may update these Terms or our Services from time to time. For example, we may make changes to these Terms or the Services due to:

• Changes to laws or regulatory requirements.
• Safety or security reasons.
• Circumstances beyond our reasonable control.
• Changes we make in the normal course of developing our services.
• Adaptations to new technologies.

We will notify you at least 30 days in advance of any changes that materially adversely affect you and the date on which they will take effect, either by email or by a notice in the product. Any changes will only apply to our future contractual relationship. If you do not agree to the changes, you must stop using our services.

Delay in enforcing these Terms: If we or you delay in enforcing any provision of these Terms, either of us may still enforce that provision later and this will not prevent us or you from taking action against the other at a later date. If any part of these Terms is held invalid or unenforceable, it will not affect the enforceability of any other part of these Terms.

Trade Controls: You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any country or territory subject to a U.S. embargo, or (b) any person or entity with whom trade is prohibited or restricted under applicable trade laws. Our Services may not be used for any end use that is prohibited by applicable trade laws, and your input may not include any material or information that requires a government licence for release or export.

Governing Law: These Terms are governed by the laws of the country in which you reside.