Thank you for using or considering using our application named “HITCHAT” (“Application”). In the Application, you can interact with avatars of historical and other well-known figures created by us using machine learning and artificial intelligence (“Personality” and “Avatar”).
First, let us introduce ourselves. We provide the Application as RTM Labs s.r.o., located at Nedvědovo náměstí 1164/14, 147 00 Prague, Company ID: 19824343, registered in the Commercial Register at the Municipal Court in Prague, file no. C 392202 (“we”).
These HITCHAT Application Terms of Use (“Terms”) are intended for you, the users of the application, who download it as consumers, create an account in it, and use it (“you”).
We recommend reading the Terms in their entirety as they are binding on you. If for any reason you do not wish to read them, we have prepared a summary of the most important points for you:
We develop and operate the Application, which you can download as users through the mobile application marketplace that supports your device, such as AppStore or GooglePlay, or others where we place the Application (“Marketplace”). Through the Application, you can communicate with Avatars of Personalities in various ways (text, audio, or audiovisual).
The Application works in such a way that based on your inputs in the form of questions or other interactions with the Avatar (“Input”) or recommended questions/conversation topics directly by the Application, the Avatar provides various outputs mainly in the form of text, audio, or audiovisual responses (“Output”).
The Terms regulate the rules for using the Application, the specifics of Avatars and the rights of Personalities, and our and your rights and obligations. In simple terms, the Terms should answer the following questions for you:
When using the Application, we both have certain rights and obligations, which we describe further. The Terms apply to the contract for the provision of digital content that we enter into together (“Contract”) and are an integral part of it. You can learn more about the Contract in Article 2 of the Terms.
If you want to use the Application, you need to familiarize yourself with, agree to, and comply with the Terms. Please also read how we handle your personal data. All details can be found in the Privacy Policy (“Policy”) here.
If you have any questions, you can contact us via the email address info@rtmlab.com.
When downloading the Application from the Marketplace, you must comply with the terms of use of the Marketplace. The use of the Marketplace is governed by a contract between you and its provider, which is independent of the Contract between us and you.
To download the Application from the Marketplace or use it, a certain version of the operating system (e.g., iOS, Android) on your device is required. Especially older devices may no longer support updates to the required version.
After installing the Application, you need to create a user account (“Account”). When creating it, you must agree to these Terms and confirm that you have read the Policy and agree to comply with it.
The moment the Account is created, a Contract is concluded between us. This does not mean that you have to pay for using the Application. The Application is free to download from the Marketplace, but it is a limited version. The purchase of memberships or additional content in the Application (collectively for the purposes of the Terms as “Premium” or “In-App Purchases”) is described further in Article 7 of the Terms. There you will also learn about the conditions for free use of the Application.
Besides these Terms, you can learn about the functionalities of the Application directly in the Application and on the Marketplace.
To use the Application, you need to create an Account. You can also create an Account by logging in through your existing accounts, if we allow it in the Application (e.g., connecting via Facebook, Google, Apple ID, “Third-Party Applications”).
When creating an Account, we may require data specified in our Policy. Generally, it will be your name, surname, and email address, so we can address you in our communication and send you information via email. You must provide this data completely and truthfully. As described in Article 7, we do not store payment data for Premium. This payment is made through the Marketplace, and the payment data and chosen payment method are only stored by the Marketplace according to its terms.
When creating an account through Third-Party Applications, you also agree to respect their terms of use. We cannot guarantee the possibility of using Third-Party Applications to create an Account in the Application and log in to the Application.
If you choose to create an Account via email directly in the Application, after filling in the details, we will send a confirmation to the provided email. You need to confirm the registration by clicking the link in the email, but you can still use the Application even without this confirmation.
The Account is secured with a password. Keep it to yourself. If you suspect that someone has gained unauthorized access to the Account or that your login credentials have been compromised, change your login credentials or inform us at the contact email.
We may temporarily or permanently prevent you from using your Account at any time, especially if you have violated the Terms or legal regulations. If you disagree with this, contact us at our contact email.
The Account is not your property. You only have access to it based on the Terms. This means that you cannot sell, rent, or otherwise provide the Account to a third party. You must not create multiple Accounts to circumvent the need to purchase Premium.
You can use the Application only for purposes allowed by the Terms and applicable legal regulations, or for purposes clearly implied by the Application itself. In other words, you can use the Application to formulate Inputs and personally communicate with Avatars for informational, educational, and/or entertainment purposes.
There are two variants of Avatars available in the Application – Avatars created directly in collaboration with the Personality and unofficial Avatars created solely by us. The same rules according to the Terms apply to both variants unless otherwise specified.
The Application and the content stored in it, including Outputs, may be protected by our or third-party copyrights. You may use them only in accordance with the Terms, especially this article and Article 12 (Intellectual Property). If you violate the Terms, particularly in the manner described in paragraph 4.7, you may infringe on the copyrights of the Personality or a third party, for which you may be liable.
You acknowledge that all Personalities whose Avatars are available in the Application have their personality rights. These rights protect many aspects of their personality (e.g., name, likeness, voice, expressions of personal nature, honor, dignity, etc.). Using the Application in violation of the Terms may infringe on the personality rights of the Personality, for which you may be liable.
Your responsibility for infringing on copyrights or personality rights may arise from violating the Terms, especially if you commercially use or publish potentially objectionable content (e.g., a conversation with an Avatar, whether Input or Output, or both sides of the conversation). Please do not take this lightly. Violating the Terms, particularly by publishing objectionable conversations with an Avatar or commercially using such conversations or the Avatar, may result in your liability to compensate the Personality or a third party for financial or other harm.
If you encounter potentially objectionable content while using the Application, do not publish it outside the Application and please inform us at info@rtmlab.com or directly in the Application if such an option is available. We will try to rectify the situation so that you and other users of the Application do not encounter such objectionable content again.
When using the Application, you may not do the following yourself or with the help of a third party:
As mentioned above, you can use the Application and the conversations (Inputs or Outputs) conducted with Avatars only for personal use. In certain cases, however, you can publish conversations outside the Application. These are the following cases:
You acknowledge and agree that Outputs obtained during conversations with the Avatar may not correspond to what the actual Personality would say. The Avatar is a digital approximation of how a conversation with the Personality might go, based on known information about the Personality (e.g., previous statements, works, likeness, and voice of the Personality, etc.).
You agree that before using an Output or acting on it in any way – for example, before applying a recommendation or advice given by the Avatar – you will, with all due diligence or by contacting a competent person in the area of the Output (e.g., a doctor, lawyer, trainer, or other expert), verify the possibility of use, your capabilities, and potential consequences of acting on the Output. Outputs may not be accurate, complete, or feasible, and if you do not perform adequate verification as described in this paragraph, you should not act on them. We are not responsible for Outputs or any actions taken based on them.
We use data in the form of Inputs and Outputs for training the AI model on which our Application and Avatars in it operate. The purpose of this processing of Inputs and Outputs is to improve the Application and your user experience with it. If you enter your personal data into the Input, we will process it in accordance with the Policy. If you do not wish us to potentially process your personal data for AI model training, do not enter it into the Inputs. If you do not want us to process your Inputs and Outputs in this way, let us know at info@rtmlab.com.
All costs incurred during the installation or use of the Application (such as internet connection costs) are borne by you and are not different from your standard rate of the internet service provider.
Our goal is to continuously develop the Application and add new Avatars. However, we cannot guarantee any specific updates and improvements or their frequency. We will, to a reasonable extent, provide updates to the Application necessary for its flawless functioning throughout the Contract's duration.
You will be notified about the availability of an update by making it available on the Marketplace from which you installed the Application. We are not required to notify you in any other way. The process of installing the update itself is governed by the terms of the Marketplace. If you do not install the update within a reasonable time, which we consider to be 30 days after it is made available, you have no rights due to a defect that arose solely due to not installing the update.
We are entitled to change the Application, especially for the following reasons:
No change mentioned above will incur additional costs for you.
If any change to the Application negatively affects you, meaning it could significantly worsen your access to the Application or its use, we will notify you in advance. If you disagree with such a change, you can terminate the Contract according to paragraph 6.6.
If you take advantage of the option to terminate due to negative changes, the further procedure and your rights will differ depending on how you use the Application:
The Application is free to download. However, we may offer you the option to purchase Premium or In-App Purchases, which will provide you with more functionalities or other benefits. These purchases will always be available only through the respective Marketplace.
The description of what Premium includes and what you get within In-App Purchases can always be found on the respective Marketplace or directly in the Application.
Purchasing Premium gives you access to a version of the Application with more features or extended usage (e.g., more questions to Avatars) for a certain period. It works as a subscription, usually for a month or year, or another period available in the Application. Through In-App Purchases, you can then buy only specific content (e.g., an Avatar), which you will have access to during the use of the Application.
If you activate Premium, we will charge you a fee for it. The payment frequency can be one-time, monthly, or annually. You can find the specific amount of the fee in the Application or on the Marketplace page that allows the download of the Application.
Various payment frequencies may be associated with discounts and bonuses (e.g., a proportional discount on the annual fee). We can change or cancel bonuses with effect for the future at our discretion.
Fees are automatically charged and paid through the Marketplace and are governed by its terms. We are not responsible for the renewal of the subscription due to its non-cancellation in the Marketplace. Personal data collected during payment on the Marketplace, including payment method information, are not communicated or transferred to us.
If we do not receive a fee for the next period, we may suspend or terminate the provision of Premium.
We may offer you Premium for free for a certain period from the creation of the Account or at any time during the use of the Application. We can terminate, shorten, or extend the trial period at any time, but we will always inform you in advance in the Application and, in the case of shortening, also via email. After the trial period ends, we will automatically charge a fee for using the Application.
We may change the fee. You will always find the current amount in the Application or when paying on the Marketplace page of the Application. The new amount will always apply to you from the next period for which you will pay the fee. It is understood that you agree with the new fee amount if you do not cancel your subscription in the Marketplace settings.
You can cancel Premium at any time, and it will end on the last day for which you have paid the fee.
Cancelling Premium does not entitle you to a refund of the unused portion of the fee unless the specific Marketplace allows it according to its terms.
Generally, consumers (those who do not purchase "for the company") can withdraw from a contract concluded online within 14 days of conclusion without giving any reason.
Since we provide you with our services (Application) even before the 14-day period has expired, you do not have the right to withdraw from the Contract. You agree to this by installing the Application, and it also applies in the case of Premium.
After the Contract ends, we will not use user content, i.e., content you created while using the Application. However, keep in mind that almost all information and content created or entered by you while using the Application is not user content, as we describe in the following paragraph.
User content is not:
If you create additional user content while using the Application that differs from that specified in paragraph 9.2 (which is unlikely given the nature of the Application), we will release it to you free of charge, within a reasonable time, and in a commonly usable machine format upon your request.
You acknowledge that we may process technical or statistical data about your use of the Application. This data will not contain personal data, and we will use it to modify and develop the Application and provide support services.
We are responsible for ensuring that the Application is free from defects for the duration of the Contract, particularly that the Application:
We are not responsible for items d) to g) if we specifically informed you before entering into the Contract that certain characteristics of the Application differ, and you explicitly agreed to this. We will inform you of these differences on the Application page in the Marketplace, during Account creation, or elsewhere in the Application.
If the Application or any part of it does not work, you can file a complaint about the defect for the duration of the Contract via our email address according to paragraph 1.6 of the Terms. In the complaint, provide your identification details, a description of the defect, and how you wish the complaint to be resolved.
If the Application has a defect, you can request its removal by law. We will remove the defect unless it is impossible or unreasonably expensive, which we will assess, particularly concerning the significance of the defect and the value that the digital content would have without the defect. In such a case, we may refuse to remove the defect. We may remedy the defect, especially by issuing a corrected version of the Application within a period appropriate to the nature of the defect, especially if we find that the defect affects multiple users.
A defect in the Application almost never means that the Application or any of its functions do not work on your device if other users do not have this problem. In this case, the problem is most likely on your device's side (e.g., insufficient version of the operating system), and you will not solve this defect with us. Similarly, a defect is not the failure to meet your subjective expectations regarding the Application, such as the quality of the conversation with Avatars.
In certain cases, you may request a reasonable discount or withdraw from the Contract in case of a defect complaint:
The discount is determined as the difference between the value of the Application without the defect and with the defect. The discount is also due if you withdraw from the Contract simultaneously. However, you cannot withdraw if the defect is only insignificant. By law, it is assumed that the defect is not insignificant. If you withdraw from the Contract, the Application and data in it will no longer be available to you. The discount or any other monetary amount we will refund you will be provided no later than 14 days at our own expense. The refund will be made to your bank account, which you must provide to us, as all fee payments are made through the Marketplace, and we do not have your payment details.
We handle complaints as quickly as possible within a reasonable time after reporting the defect so that we do not cause you significant inconvenience due to the defect.
Upon receiving a complaint, we will electronically confirm that we have received it. After resolving it, we will issue a complaint protocol where you will learn how we resolved the complaint. We will send it to you via email.
Since we provide you with the Application, which you can easily complain about online, we do not expect any costs to arise from the complaint. If, however, you incur reasonably incurred costs, you must inform us of this within one month after the deadline for reporting the defect.
The Contract is concluded for the period during which you use the Application (you have an Account). However, this does not mean that you have to pay for the Application throughout the Contract's duration. This depends on whether you purchase Premium or make In-App Purchases in the Marketplace.
If you decide to terminate the Contract between us, in the case of the free version, simply delete the Account in the Application and possibly uninstall the Application from your device. In the case of Premium, please check that the fee payment has been canceled in the Marketplace after deleting the Account and uninstalling it, or cancel the payment yourself. Since we do not control the Marketplace, we are not responsible for continuing to pay fees after uninstalling the Application.
The Contract ends when the Account is deleted or terminated.
We may delete the Account without notice if it is inactive for more than 24 months or if you violate the Terms or applicable legal regulations.
If you terminate the Contract due to negative changes in the Application (see paragraph 6.5 of the Terms), you may request a refund of the fee or part of the fee for Premium or In-App Purchases according to the terms of the respective Marketplace. Since the purchase of Premium takes place through the Marketplace, it is governed by its terms. We do not guarantee a refund of the fee for Premium or In-App Purchases. According to the Marketplace's terms, you may be able to request a refund of the fee or part of it in other cases as well.
We own the Application and exercise rights to it to the fullest extent possible. All rights to the Application, especially copyrights to the content, including layout, photos, graphics, trademarks, logos, and other content and elements, belong to us or third parties with whom we have a license agreement.
The Application is operated as a so-called SaaS (software-as-a-service). By downloading the Application, you only gain access to the Application and can use it in accordance with the Terms and to the extent we allow you, temporarily for the duration of the Contract. You do not obtain the software itself that makes up the Application or a copy of it, and therefore no license to it. This right to use cannot be transferred to anyone. Likewise, you are not authorized to distribute or otherwise sell the Application.
We grant you a license only to the part of the Application that you install from the Marketplace on your device. The license is non-exclusive, for personal use, non-transferable, time-limited to the duration of the Contract, and territorially unlimited. We allow you to use the mobile application installed from the Marketplace to access the Application and use its features.
The rights listed in this article apply similarly to all updates, upgrades, and other changes to the Application that we make available to you.
We offer the Application and our other services to the extent of available functionalities ("as available") and do not guarantee that they will function without errors or be suitable for you. While we strive to provide relevant and informative materials in the Application and enable you to have engaging conversations with Avatars, we cannot and do not guarantee that you will achieve this based on your use of the Application. The Avatars in the Application operate to some extent autonomously; Outputs are not subject to human control and cannot always be predicted precisely based on your Input. We do not provide any guarantee of the accuracy or usefulness of the Application for your intended purpose.
We are not liable for any damage caused by misuse of the Application and Account, improper use of the Application, or use in violation of the Terms. Likewise, we are not liable for damage caused by restricting or interrupting the availability of the Application or Account. We are not liable for interruptions in the provision of the Application services if caused by third parties or force majeure (e.g., cyber attack, power outage, or telecommunications connection), or due to the termination of the Application's operation. For these cases, you waive the right to compensation. In other cases, we limit compensation for damage to the amount you have paid us for using the Application.
According to the legal order of some countries, we cannot exclude or limit liability for damage to life and health, as well as for damage caused intentionally or through gross negligence. Therefore, it is possible that in a certain country, you may have a claim for compensation against us. If possible, we limit our liability for compensation to the amount you have paid us for using the Application.
If you provide us with any ideas, advice, recommendations, or other feedback regarding the Application, we will appreciate it. You acknowledge that we can use this feedback and do not have to pay you anything for its use.
Complaints are handled through the contact email address according to paragraph 1.6. We will send you information about the resolution of the complaint via email.
Due to the nature of our services, we must comply with certain regulations that allow you to send us complaints about possible illegal content in our Application. You can also send these complaints to us via email according to paragraph 14.2, in English or Czech. These regulations include:
We do not conduct active moderation of content stored in the Application. Illegal content is controlled and removed either randomly based on our findings or based on complaints according to paragraph 14.5.
Handling your complaints under DSA and DMCA will proceed as follows:
In accordance with Article 11 DSA, we establish the following contact point for authorities of the EU member states, the European Commission, and the European Digital Services Board: dsa@hitchat.com.
As a consumer, you may have the right to out-of-court resolution of consumer disputes with an authority in your country of origin or residence. In the European Union, this is also possible online through the platform available here: https://ec.europa.eu/consumers/odr. In the Czech Republic, the Czech Trade Inspection Authority, based at Štěpánská 44, 110 00 Prague 1, www.adr.coi.cz, is competent to handle out-of-court resolution of consumer disputes. The resolution of the dispute in this way will only begin at your request if you cannot resolve the dispute directly with us. You can submit the request no later than 1 year after you first asserted your right with us.
We can provide the Application and other services based on a trade license. Trade inspection is carried out within the scope of its competence by the relevant trade office. Supervision in the field of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with consumer protection regulations within a defined scope.
The Terms are available in Czech. However, we may translate them into other languages, particularly English. In the event of discrepancies between different versions, the English version takes precedence. You acknowledge that other language versions besides Czech and English are provided solely for your convenience in using the Application, and any differences from the English version are not binding for us or you.
The Contract is governed by Czech law, and disputes will be resolved by the courts of the Czech Republic. This does not affect the rights you have as a consumer under applicable legal regulations.
If any provision of the Terms becomes invalid or unenforceable, the remaining provisions of the Terms are not affected. We may replace the invalid or unenforceable provision with another provision.
We may change or supplement the Terms. We will inform you of the changes through the Application or email. If you do not agree with the new Terms, you can delete your Account, thereby terminating the Contract. If you do not do so within 10 days of being informed of the change to the Terms, it is understood that you agree with the new wording and commit to adhering to it from the date of its effectiveness.