Terms of Service
TERMS AND CONDITIONS OF USE – “ChatConnect ” (EUROPE)
The following Terms and Conditions of Use apply to all European citizens.
These Terms and Conditions of Use (the “Conditions” or the “Agreement”) constitute a legally binding agreement between you, personally or on behalf of an entity (“you”), and Whole Way Mobile Services (the “Company” or “we”).
Company: Whole Way Mobile Services S.L.
Registered office: Paseo de la Castellana, 95 - Torre Europa, Planta 16, 28046, Madrid, España
NIF: B16874257
The Conditions govern the download, installation, access and use of the application or website “ChatConnect ” (the “App” and/or the “Website”, jointly referred to as the “Service”).
ChatConnect is an AI service designed to be your virtual assistant for daily tasks. Through advanced models such as GPT-4, ChatConnect helps you generate creative content and obtain quick and intelligent answers to your questions. The Service guarantees the confidentiality and security of Users’ data at all times.
ChatConnect does not replace professional advice (legal, medical, financial, technical or other).
By installing or using the Service, you:
Accept being bound by these Conditions.
Declare and warrant that you own and/or authorize the installation of the App and/or the use of the Website on a mobile device or any other compatible device.
Declare and warrant that you have the right, power, and capacity to accept and comply with all the Conditions as if you had signed them.
The Conditions also apply to all updates, add-ons and tools of the Service.
We reserve the right to modify this Agreement at any time and for any reason. You have the right to terminate this Agreement in the event of substantial modifications. We will inform you of any changes by updating the “last updated” date of the Agreement. If you continue using the Services after the publication of the revised Agreement, you will be deemed to have accepted the modifications.
1. AGE REQUIREMENTS
The minimum age to install and use the Service is 14 years, or the minimum age required in your country to consent to the terms of use of the Services, in its free version. If you are under 18 years old, you must obtain prior authorization from your parents, guardians or legal representatives for subscription features.
2. AUTHORIZATION OF USE
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable and inalienable license to download, install, access and use the most recent version of the Services on a single authorized mobile device or compatible device, and to use the content generated by the service solely for your personal, non-commercial and entertainment use.
3. UPDATES
We reserve the right to add, modify or remove functions of the Services. In addition, we will carry out changes, maintenance, reviews and updates, which may cause interruptions, delays or errors. In such cases, you agree that we will not be liable for losses, damages or inconveniences caused by lack of access during service interruption.
The Company may introduce modifications, temporarily suspend functions or adapt the conditions of the Service to comply with new legal obligations, regulatory changes or requirements of competent authorities. These changes will not give rise to any compensation, provided they do not substantially affect the rights you acquired in your contracted version of the Service.
4. NATURE OF THE SERVICE AND THE USE OF ARTIFICIAL INTELLIGENCE
You acknowledge that you are interacting with an AI tool and that ChatConnect ’s responses are automatically generated, and therefore may contain errors, inaccuracies or biases. The Company has implemented human supervision procedures to verify and moderate the behavior of the artificial intelligence system in cases that may involve risks to fundamental rights or when inappropriate uses are detected. These procedures allow intervention when the generated results may be erroneous, inappropriate or potentially harmful. The personnel in charge have received appropriate training to ensure responsible use of the system, in line with the obligations of Regulation (EU) 2024/1689 of the European Parliament and of the Council, of 13 June 2024, establishing harmonized rules on artificial intelligence (“AI Regulation”).
We comply with the transparency obligations required by the AI Regulation to provide you with the Service, and you agree to use ChatConnect n accordance with the applicable risk level and with the provisions established in said AI Regulation, avoiding in all cases the execution of practices prohibited by such regulation.
The ChatConnect Service uses different artificial intelligence technologies, some developed internally by the Company and others provided by third parties. The Company undertakes that both ChatConnect and the Service as a whole are designed, developed and implemented in such a way that their functioning is sufficiently transparent so that you can understand, verify and, where appropriate, explain the decisions or content generated.
However, the User understands and accepts that the Company will not be responsible for the behavior, functioning, results or regulatory compliance of artificial intelligence models, software, products or services developed by third parties and integrated into the Service. In particular, the Company cannot guarantee that such elements fully comply with the transparency, traceability or reliability requirements required by the AI Regulation.
Therefore, you will be solely responsible for the use you make of functionalities, results or decisions based on third-party technologies, and you must comply with the terms and conditions governing such elements, where applicable.
In all cases the Company ensures that the processing of personal data will be carried out in accordance with the applicable regulations and the Privacy Policy available.
You may request a clear, general and understandable explanation of the functioning of the artificial intelligence system used by the Service, including the main factors that influenced the generation of a given result, insofar as doing so does not infringe third-party rights or trade secrets. This explanation will be provided within a reasonable time through the customer service channel, and may include references to technical limitations, training sources and operating conditions of the system.
5. LABELLING OF CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE
All content generated wholly or partially through the Service is duly labelled as generated by artificial intelligence, by visible text or metadata, in accordance with Article 50 of the AI Regulation. When external technology providers do not allow automatic labeling, the Company will apply its own mechanisms to ensure traceability and transparency of the origin of such content.
You agree not to remove or alter these labels nor present the content as if it had been created by human persons. You may also not redistribute such content in a misleading or decontextualized manner.
The Company will not be responsible for errors, omissions or technical limitations associated with labels applied by external providers, nor for any improper use you or others may make of labelled or unlabelled content.
You are responsible for reviewing, verifying and validating the generated content before using it, disseminating it or making decisions based on it, especially when it may have public, economic, legal or professional impact.
6. ACCESS, SUBSCRIPTION AND RENEWAL
– ACCESS
Part of the Services is completely free (“Free version without advantages”). This modality does not require registration or prior payment, although it may include limitations in access or availability of certain functionalities. Users accessing this version are referred to as “Users” in these Conditions.
Alternatively, the User may purchase a paid subscription to access a premium version of the Service with additional functionalities or exclusive advantages. Users purchasing this modality are referred to as “Subscriber(s)” in these Conditions.
– SUBSCRIPTION
Subscription through iOS App Store and Google Play: If you decide to purchase a subscription through the iOS App Store or Google Play, you must manage and authorize payment directly through your Apple or Google account. The terms and conditions of these platforms apply to subscription payments and subsequent renewals.
Subscription through the web version: For subscriptions purchased through our website, various payment methods are offered:
Credit card (Visa, Mastercard, American Express, etc.)
Google Pay
Apple Pay
PayPal
Other payment methods.
Payments will be made directly on our secure platform and will be subject to appropriate encryption and security protocols. The Subscriber may manage their subscription, including cancellation of automatic renewal, at any time from their customer account on the Website. You may manage your subscription and cancel automatic renewal at any time through your customer account on our Website.
– RENEWAL
Unless the Subscriber cancels the subscription prior to the end date of the contracted period, it will automatically renew for periods equivalent to the initial term selected. Cancellation must be carried out through the same channel used to purchase the subscription (App Store, Google Play or Website), as applicable.
· Subscription via phone billing: This is a subscription and payment model through charges to the mobile phone bill. The subscription amount will appear on the bill of the mobile operator with which the subscriber has the corresponding postpaid or prepaid contract.
To access the Service, an Internet connection is required, which may involve an additional cost depending on the tariff contracted with your mobile operator. In addition, a compatible device and updated software are required to connect to the Service. You can check compatibility in section 10.
In this subscription modality, the Subscriber is considered to be the holder of the phone line and number with a valid postpaid or prepaid contract with a mobile operator. The subscriber may or may not be the same person as the User.
– FEES
Service fees, including VAT, vary depending on the mobile operator.
KPN: €15.00 per month; Odido: €15.00 per month; Vodafone: €15.00 per month
– SPECIFIC CONDITIONS OF MOBILE OPERATORS
Cancellation for KPN; Odido; Vodafone
For users who accessed the portal through a 3G connection from their mobile device, cancellation is possible through:
• From our mobile site by clicking the “cancel” button.
• Calling our customer service phone number 08000220943 and following the cancellation instructions.
• By sending an email to nl@helpdcb.com requesting cancellation.
7. CANCELLATION AND REFUND
You may cancel your subscription at any time through the subscription settings of your iOS App Store or Google Play account.
You may also manage your subscription on our Website and cancel automatic renewal at any time through your customer account.
If you cancel your subscription, you will continue having access to the Services until the end of the current subscription period. Subscription payments are non-refundable except in the cases provided for in clause 8. If you cancel your subscription or if your account is terminated pursuant to this Agreement, no full or partial refund will be issued.
7.1 Data Exchange With Apple In Case Of Refund Request
If you submit a refund request relating to an in-app purchase, the Company may provide Apple, Inc. with information on your use and consumption activity within the App to facilitate the evaluation of such request.
This information may include, by way of example but not limitation:
– Time elapsed since installation of the App;
– Total time of use of the App;
– An anonymized account identifier;
– Whether the purchase was fully or partially consumed;
– Whether the subscription included a free trial period;
– Total amount spent in the App.
Lawful basis for processing: The communication of these data is carried out on the basis of the Company’s legitimate interest (Article 6.1.f of Regulation (EU) 2016/679, GDPR) in preventing fraudulent refund requests and protecting its legitimate business interests. This communication is also necessary for the performance of the contract (Article 6.1.b GDPR), as it is relevant for managing refund requests linked to the existing contractual relationship with the User and/or Subscriber.
Right to object: You may object at any time to the communication of these data to Apple by sending a request via email to privacy@wwmobileservices.com with the subject “Objection to data exchange for refunds”. Once your request is received and processed, the Company will cease sharing this information with Apple regarding future refund requests you may submit. Exercising this right does not affect the lawfulness of processing prior to its withdrawal, nor your right to request refunds in accordance with these Conditions and applicable regulations.
For more information on the processing of your personal data, please consult our Privacy Policy (insert link).
8. RIGHT OF WITHDRAWAL
– APP
You are expressly informed that you have a period of 14 days from the subscription payment date to withdraw from your purchase. To exercise this right, you must notify iOS App Store or Google Play unequivocally within that period. More information is available at:
App Store: https://support.apple.com/nl-nl/118223
Google Play: https://support.google.com/googleplay/answer/2479637?hl=nl;sjid=7260297552920972135-EU
– WEBSITE
For web-based services, you may exercise your right directly with our Company. To exercise this right, the subscriber must notify the Company within the indicated period, using the withdrawal form below or any other means.
WITHDRAWAL FORM (you only need to fill in and send this form if you wish to withdraw from the contract)
To the attention of
Whole Way Mobile Services S.L.
nl@helpdcb.com
I hereby notify you, I, __________________________________________ (customer name), of my decision to WITHDRAW from our contract for the supply of digital content within the stipulated 14-day period and request the refund of amounts paid during said period.
Contact email address: _______________
Contact telephone: _______________
Withdrawal date: _______________
Customer signature (only if this form is submitted on paper)
Once notified, the Company will refund amounts paid by the subscriber within a maximum period of 14 days.
9. UNINSTALL / DELETE THE APP
Methods for uninstalling and deleting applications vary from one device to another. To uninstall and delete the App, use the application manager supplied with the device or refer to the device manual.
10. SERVICE COMPATIBILITY
Check below whether the offered contents are compatible with your PC or device.
Videos:
Compatible with Mac, PC, tablets and smartphones using any of the following browsers: Firefox, Safari, Chrome.
Other digital content:
Compatible with Mac, PC, tablets and smartphones using any of the following browsers: Firefox, Safari, Chrome.
Important! Some digital content of this Service is not compatible with Windows Phone, Internet Explorer, iPhone versions prior to iPhone 5, and Android versions prior to 4.4.
For the best experience and content display, ensure that your browser and operating system are up to date.
11. PERSONAL DATA PROTECTION
In accordance with current and applicable personal data protection legislation, the personal data you provide when using the Service will be processed in accordance with our Privacy Policy. Any User or Subscriber accepting these Conditions expressly, unequivocally and knowingly accepts said Privacy Policy. You may also exercise your personal data protection rights as indicated therein.
12. INTELLECTUAL PROPERTY RIGHTS
The App, its source code and design, the Website and the Services provided by the Company, as well as all digital content, images, videos and any other protectable content, are fully protected by intellectual and industrial property rights owned by the Company or third-party providers. Unless expressly authorized in advance and in writing by the Company, any dissemination, copying, reproduction, public communication, disclosure, making available, extraction, reuse, forwarding, distribution, transformation, commercialization and use for marketing—totally or partially—of any content from the App and the Website is prohibited.
You assume full and exclusive responsibility for the content, data, prompts, instructions, files or any information you provide to the Service (“Inputs”), as well as for the results, texts, images, files, videos or other generated content (“Outputs”). You guarantee that you hold all rights, licenses and authorizations necessary for the Inputs and that their use does not infringe third-party rights. Likewise, you are responsible for verifying the legality, suitability and compliance of the Outputs with applicable regulations before using, disseminating or exploiting them. The Company does not assume responsibility for content you incorporate that infringes third-party rights. In the event of a valid claim, you must indemnify the Company for damages, costs or penalties arising from such infringement, including legal fees.
You grant the Company a worldwide, irrevocable, transferable, sublicensable and free license to use, copy, modify, store, transmit, analyze and exploit the Inputs and Outputs for operational, development, improvement, support, training, maintenance, history and moderation purposes of the Service, as well as for the fulfillment of legal or contractual obligations. You acknowledge that Inputs and Outputs may be stored and used by the Company and/or third-party providers, and exclusivity over such content is not guaranteed.
For security, continuous improvement and regulatory compliance purposes, the Company may retain technical records related to interactions you maintain with the Service, including the Inputs provided, Outputs generated and associated technical parameters. These records are not for advertising purposes and are used exclusively for technical support, error analysis, traceability, quality control and legal defense in the event of claims or investigations.
The Company does not guarantee that generated Outputs will be unique, original, unpublished or exclusive. Outputs may be identical or substantially similar to results generated for other users, or coincide with content already existing online or in other sources. You acknowledge that the generation of Outputs through artificial intelligence may involve the reuse of patterns, structures or fragments present in the training data of the models used.
The Company does not guarantee that generated Outputs are free of intellectual property, industrial property, trade secret, image rights, privacy or other third-party rights infringements. You assume exclusive risk arising from the use of Outputs, without being able to require the Company to provide coverage, reimbursement, indemnification or defense in the event of third-party claims.
The Company is expressly exempt from any responsibility arising from Inputs and Outputs generated by the User, from modifications made to results, or from uses combined with other systems, services or content external to the Service.
You acknowledge that assets, data or content incorporated into the Service for personalization may be exposed to unwanted uses or uses unrelated to their initially intended purposes, losing your control once integrated into the Service.
Certain prompts, instructions or generated content may be considered public domain depending on their nature, purpose or dissemination, without the Company assuming any confidentiality obligation or usage restriction over them.
For any notice or information related to intellectual or industrial property, you may contact us at: legal@wwmobileservices.com.
The Company may periodically request, and you hereby agree to provide, feedback on the use, operation and functionality of the Service, suggestions, bug reports, errors, compatibility issues, improvement proposals or any other information relating to use, operation or functionalities of the Service (“Feedback”). You hereby grant the Company a worldwide, irrevocable, non-exclusive, free, transferable and sublicensable license to use, reproduce, modify, adapt, incorporate, exploit, distribute, publicly communicate and transform the Feedback, without restriction and for any purpose, including integration into any current or future product or service, without generating any right to compensation, recognition or attribution in your favor.
13. CONFORMITY GUARANTEE
The Service enjoys a conformity guarantee during the validity of the subscription. The legal coverage refers to the following aspects:
– Match the description, type of good, quantity and quality and possess the functionality, compatibility, interoperability and other characteristics of the Service established in the Conditions.
– Be suitable for the purposes ordinarily intended for goods, contents or digital services of the same type and for those specific purposes required by the consumer and recognized by the trader.
– Present the quality, qualities and other characteristics—particularly durability, accessibility and continuity—usually present in goods of the same type and which the Subscriber could reasonably expect.
The Subscriber may exercise this guarantee by contacting our Customer Support service.
Without prejudice to the above legal guarantee, the User and/or Subscriber acknowledges that ChatConnect and/or the Service are in continuous development and improvement. Consequently, the Company does not guarantee uninterrupted functioning nor that it will be completely error-free or fully meet your expectations at all times.
Some functionalities may be in beta phase, subject to improvements or changes without prior notice.
14. USER RESPONSIBILITY
The User and/or Subscriber may not use the Service for commercial purposes or any other usage not defined in this contract, nor for any illegal, harmful or abusive activity.
Respect for third-party intellectual property, industrial property or similar rights is required. Users must comply with applicable regulations and respect trademarks, trade names and image rights of third parties.
Users may only use content they own unless they are authorized to use third-party content. For example, they must not use photos, videos, etc. that they did not create or for which they lack authorization.
Use of Artificial Intelligence tools
The Company provides AI tools based on third-party models subject to their respective license conditions. Use of the Services and generated content is the responsibility of the User. The Company does not guarantee full control over how third-party models operate, are trained, use data, or change contractual terms. Users accept these limitations and exempt the Company from related liability.
Prohibitions (non-exhaustive list):
– Reverse engineering, decompiling or attempting to discover the source code or underlying components of the Services.
– Automated extraction or harvesting of data or Outputs.
– Presenting Outputs as human-generated.
– Interfering with the operation of the Services or circumventing limits or security measures.
– Using Outputs to develop or train competing AI models.
– Abusive or unfounded complaints using reporting tools.
Users may not use Outputs in ways that violate law, human rights or ethical standards, including discrimination, harassment, threats, electoral manipulation, impersonation, or dissemination of false/dangerous content.
Automated mass copying of content, functionalities or logic of the Service is prohibited.
Outputs may contain errors or outdated information and may not be used as sole basis for decisions with legal or significant impact on individuals.
The Company may use moderation tools (automated and human) to detect violations, remove content or suspend accounts.
Users are solely responsible when asking ChatConnect to perform actions or tasks on their behalf.
Users must not generate or disseminate harmful or illegal content, including sexual content, violence, inappropriate language, false information or “deepfakes” without consent.
The Company warns that minors accessing inappropriate content may suffer consequences such as psychological harm, misinformation, dangerous behaviors, health risks, harmful group involvement, addictions, or financial harm.
Users are solely responsible for consequences of illegal or inappropriate use. They also authorize the Company to provide information to authorities when required.
Account Suspension: The Company may suspend or terminate accounts that violate these Conditions or when required to comply with the law or protect third parties.
Users may not rely solely on Outputs to make decisions with legal or significant effects on individuals.
15. PUSH NOTIFICATIONS
If you consent to receiving “push notifications”, you authorize us to send you commercial notifications related to the Services. You may disable them at any time through your device settings.
16. COMPANY LIABILITY
The Company is responsible for providing the Services under the stated Conditions. Liability for force majeure or unforeseen events is excluded.
The Company will not be liable for loss or damage attributable to the User’s breach of obligations.
IN NO EVENT shall the Company’s total liability exceed the amount you paid for the Service in the last three (3) months.
17. DISPUTE RESOLUTION AND CUSTOMER SERVICE
In case of disputes regarding execution or interpretation of the Agreement, the parties will attempt amicable resolution by contacting customer support. If unsuccessful, they may use mediation or alternative dispute resolution before court proceedings.
Contact email:nl@helpdcb.com
Users may report errors, inaccuracies, biases or possible legal infringements generated by the AI system via email to [*]. The support team will analyze and may escalate cases. The Company may suspend functionalities temporarily if necessary.
18. APPLICABLE LAW AND JURISDICTION
The Company, with registered office at Paseo de la Castellana, 95 - Torre Europa, Planta 16, 28046, Madrid, España submits to the Courts and Tribunals of Madrid Capital, without prejudice to any jurisdiction that may legally apply in each case. Any dispute, litigation or claim shall be governed by Spanish law.
Last updated: 13/02/2025