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Serasmart AI Terms and Conditions of Use

Version 1.0 · effective from [to complete: data_in_vigoare]

Please read these Terms and Conditions carefully. They govern your use of Serasmart AI, an online assistant platform based on artificial intelligence, available through the serasmartai.com website, the mobile apps, the Windows app and the API. By creating an account or using the Services, the User accepts these Terms. If you do not agree with them, do not use the Services. The Romanian version of these Terms is the authentic one (see section 3.2).

1. Who we are

1.1 Serasmart AI (hereinafter "Serasmart" or the "Services") is provided by SERANO CONSULT SRL (hereinafter the "Provider", "we" or "us"), a limited liability company from Romania, sole registration code 25281467, trade registry number J2009000644234, with its registered office at [to complete: sediu].

1.2 You can contact us at support@serasmartai.com. This is the address for questions, complaints, requests concerning personal data, notices about illegal content and the exercise of the right of withdrawal.

1.3 The information in this section is the information required by Law no. 365/2002 on electronic commerce and by Government Emergency Ordinance no. 34/2014 on consumer rights in distance contracts.

2. What Serasmart is and what these Terms cover

2.1 Serasmart is a service that receives the User's requests (texts, files, images, voice recordings or other materials) and sends them, automatically or at the User's choice, to artificial intelligence models of third-party providers (for example Anthropic, OpenAI, Google, xAI or others), then displays the answer. Depending on the Plan, the Services include: conversations, projects and assistants, memory, a file library, image and video generation, read-aloud and dictation, document export, connectors to other applications, automations, skills and plugins, and access through an API.

2.2 These Terms apply to all the Services, including the web version, the iPhone, iPad, Android and Windows apps, the free plan and the paid plans. If additional rules are shown in the app for a specific feature, they are part of the Terms.

2.3 The Terms include: (a) this document; (b) Annex 1 — Acceptable Use Policy; (c) Annex 2 — Information on the right of withdrawal and model form; (d) the information about Plan, price and Usage shown in the app before the order. The processing of personal data is described separately, in Serasmart's Privacy Policy.

2.4 Definitions used in these Terms:

3. Acceptance of the Terms and conclusion of the contract

3.1 The contract between the Provider and the User is concluded when the Account is created, by ticking acceptance of the Terms or by using the Services, and, for paid Plans and Extra Usage, when the order and the payment are confirmed. Before payment, the User must tick that he or she has read and accepts these Terms. We keep the date and the version of the Terms accepted.

3.2 The contract is concluded in Romanian. If these Terms are also available in other languages, the translations are for information only; in case of a difference, the Romanian version prevails, without affecting the mandatory rights of Consumers from other states.

3.3 The Terms can be read at any time at serasmartai.com/legal/ and can be downloaded. The confirmed order and the accepted Terms can also be sent to you by email on request.

3.4 If the User accepts these Terms on behalf of a company or an employer, the User declares that he or she has the authority to do so, and "User" also means that entity.

4. Who can use the Services

4.1 Age. An Account can be created by a person who is at least 16 years old. A paid Plan or Extra Usage can be bought by a person who is at least 18 years old, or by a minor between 16 and 18 with the prior consent of a parent or legal representative, who is responsible for the payment. We do not allow accounts for persons under 16. If we learn that an Account belongs to a person under 16, we close it.

4.2 Capacity. The User declares that he or she has the capacity to conclude the contract and that the information given at registration is correct and up to date.

4.3 Availability. The Services are offered to persons in the countries where we can lawfully provide them. We cannot make them available to persons or entities on sanctions lists of the European Union, the United Nations or other competent authorities, or in territories where the operation would breach applicable sanctions or export restrictions.

4.4 Technical requirements. The Services require an internet connection and a compatible device and browser or app. The cost of the connection and of the device is borne by the User.

5. The User's Account

5.1 Registration. The Account is created with an email address and, where applicable, by signing in with a third-party account. Confirmation of the email address by a code may be required. An Account is personal, except for Plans that allow several people (see section 10.9).

5.2 Security. The User keeps the sign-in data, the API keys and the codes received confidential, and is responsible for the activity in the Account, except where it cannot be attributed to the User. The User informs us without delay if unauthorised access is suspected. The User can close the sessions on other devices from Settings.

5.3 Multiple accounts. A User may not create multiple accounts to get around the limits of the free plan, of Usage or of the security measures.

5.4 Deleting the account. The User can delete the Account at any time from Settings. Deletion removes the associated data, apart from data that we are legally required to keep (for example invoices and accounting records) or that we keep as long as necessary to defend a right in court, according to the Privacy Policy. Deleting the Account does not lead to a refund of sums already paid, subject to section 12.

6. How the Services work

6.1 Choice of model. In "Serasmart Auto" mode, Serasmart analyses the request (for example its type and difficulty) and chooses the model from the User's Plan, aiming at a balance between quality and cost. Below the answer the User can see which model answered and, depending on the Plan, can choose a model manually from those available. We do not guarantee the use of a particular model, version or provider: models may be changed, withdrawn, limited or replaced, including because of decisions of their providers. If a model is not available, we may answer with a comparable model.

6.2 Usage and speed limits. Each Plan has Usage limits, a number of requests per minute, file sizes, answer lengths and included features, as shown in the app. We may apply reasonable technical limits to protect the Services and the other Users.

6.3 Features. Certain features (for example video generation, Deep Research, Connectors, the API, access for several people) depend on the Plan. Features may be added, changed or withdrawn; for changes that significantly reduce what the User has paid for, section 22 applies.

6.4 Memory and history. If the User turns them on, the Services keep the conversations and the memory information and use them to answer better. The User can see, change, export and delete this data from Settings and can choose how long conversations are kept.

6.5 Connectors and actions in third-party applications. When the User connects a third-party application, Serasmart may propose actions in that application (for example reading a file, creating an event, sending an email). Actions with an effect (create, modify, send, delete, pay) require the User's approval — once or, for permitted actions, every time. The User is responsible for the actions he or she approves. Serasmart cannot undo what was done in a third-party application. The User can disconnect a Connector and revoke approvals at any time.

6.6 Automations and schedules. Automations run on the User's behalf, within the limits of the Plan and of the approvals given. The User is responsible for their configuration and their results.

6.7 Code and files. The Services may generate code, documents and other files. The User checks and tests them before use, especially in production environments.

6.8 Test versions and invitation-only access. We may offer features or access in test mode, by invitation or with a waiting list. They may contain errors, may be limited or withdrawn without notice, and the rules of section 19 apply to them in a special way.

6.9 Availability. We make reasonable efforts to keep the Services available, but we do not guarantee uninterrupted operation. There may be interruptions for maintenance, updates or because of events beyond our control, including outages of model, hosting or payment providers. Where possible, we will announce planned maintenance.

7. User Content and Outputs

7.1 The User's rights. As between the User and the Provider, the User remains the holder of the rights in his or her Content. To the extent the law allows and the Provider would have rights in the Outputs, the Provider assigns them to the User, subject to third-party rights and to the terms of the model providers. The User can use the Outputs, including for commercial purposes, in compliance with these Terms.

7.2 Licence granted to the Provider. The User grants us a limited, non-exclusive, free licence, valid as long as the User has an Account, to host, store, technically reproduce, transmit and process the User Content solely to provide the Services — including sending it to the Third-Party Model chosen or applied by routing, to the Connectors activated by the User and to our infrastructure providers — and to ensure security, prevent abuse and comply with the law.

7.3 We do not train models on conversations. Serasmart does not use the User's conversations and files to train artificial intelligence models. To improve the Services we keep only what the User decides to give us when rating an answer with 👍 or 👎, and only if the User turned this option on in Settings → Privacy: the rating, the type of task, the model and the number of tokens and — through a second, separate option, off by default — also the question and the answer, from which we remove email addresses and phone numbers. The User can turn the options off and can delete what was given at any time. Details are in the Privacy Policy.

7.4 Responsibility for Content. The User declares that he or she has the right to send the Content entered and that it, like its use in the Services, does not breach the law, third-party rights or these Terms. A User who enters personal data of other persons (for example colleagues or customers) is responsible for the legal basis of this processing and for informing the persons.

7.5 Similar Outputs. Because of the way models work, Outputs may be identical or similar for several Users. We do not guarantee the originality or exclusivity of Outputs and do not guarantee that they do not infringe third-party rights. The User checks them before publishing or using them commercially.

7.6 Marking of generated content. Generated images, videos and other materials may carry the model provider's mark and metadata showing that they are generated by artificial intelligence. The User does not remove them and does not present generated content as created by a human where the law or the applicable rules require the public to be informed.

7.6.1 A User who publishes Outputs that are "deepfakes" or synthetic content that could mislead complies with the transparency obligations of Regulation (EU) 2024/1689 (the Artificial Intelligence Act) and of the applicable legislation.

8. Acceptable use

8.1 The User uses the Services only lawfully and in compliance with Annex 1 — Acceptable Use Policy, an integral part of these Terms. Among other things, it prohibits illegal content, sexual exploitation of children, violence and incitement to hatred, deception and fraud, cyberattacks, impersonation and misleading synthetic materials, breaches of privacy, circumvention of safety measures and resale of access.

8.2 Third-Party Models may refuse or limit certain requests according to their own policies. A refusal is not a malfunction of the Services.

8.3 We may check, automatically or manually, to the extent permitted by law and with respect for privacy, compliance with this section, including after reports. We may inform the competent authorities about illegal content when the law obliges or allows us to.

9. The nature of Outputs generated by artificial intelligence

9.1 Information. The User is interacting with an artificial intelligence system, not with a person. The answers are generated automatically.

9.2 Possible inaccuracies. Outputs may be inaccurate, incomplete, out of date, biased or misleading, and may contain invented information ("hallucinations"), non-existent sources or code with errors. Serasmart does not guarantee the correctness, currency or fitness of the Outputs for any particular purpose.

9.3 Not professional advice. Outputs are not medical, legal, tax, financial, investment or other professional advice and do not replace a specialist. The User consults a qualified professional before taking important decisions.

9.4 High-risk uses. The Services are not designed and must not be used as the sole basis for decisions with legal or significant effects on persons (for example hiring, credit, granting benefits, risk assessment, law enforcement, education or health), for safety-critical systems or in activities where an error may cause bodily harm. If the User nevertheless uses them in such a context, the User ensures competent human oversight and is responsible for compliance with the applicable legal requirements.

9.5 Human verification. The User verifies the Outputs before relying on them, sending them to other persons or using them in an important process.

10. Plans, Usage and Prices

10.1 The free plan (Free). The Free plan offers, at no charge, limited use: a small number of short messages a day, only with the most economical model, short answers and history, and no image or video generation, as shown in the app. There is also a monthly limit shared by all free accounts; when it is reached, the Free plan stops until the first day of the next month, without compensation. We may change, limit or stop the Free plan, in compliance with section 22.

10.2 Paid Plans. The paid Plans are those shown in the app (currently Plus, Pro, Pro x2, Pro x5 and Business). For each Plan the price, the billing period (monthly or yearly), the included features, the accessible models, the number of persons and the limits are shown before the order. The price in the phone apps may differ from the one on the website, taking into account app store commissions.

10.3 The Period and Usage. The Usage included in a Plan is made available in Periods of 30 calendar days, starting on the day the Plan starts. The Usage of a Period is divided into four equal instalments, one every 7 days from the start of the Plan. What is left unused of an instalment carries over to the following week, within the same Period, and is lost at the end of the Period.

10.4 How Usage is consumed. Consumption depends on what is requested and on the model used: a more expensive model consumes more of a Plan than an economical one, and images and videos consume according to their cost. Usage is deducted according to the real consumption (input, output and, where applicable, additional processing), when the answer, image or video is delivered. The app shows consumption as percentages, per week and per month, and sends warnings at 25%, 50%, 75% and 90%.

10.5 Running out of Usage. At 100%, the Account is blocked for features that consume Usage until the next instalment, until the start of a new Period or until Extra Usage is bought.

10.6 Extra Usage. The User can buy Extra Usage packs. They are consumed after the Plan's instalments, are personal, have no cash value, are non-transferable and non-refundable (subject to section 12) and are valid for 12 months from purchase. The price is shown before payment.

10.7 Generous use. We speak of "generous use", not "unlimited". Plans do not offer unlimited consumption; the limits are those shown. Abusive use (for example excessive automation, with the aim of obtaining the equivalent of several Plans from a single Account) is not permitted.

10.8 Changing the Plan. Moving to a higher Plan applies immediately: the User pays the price difference in proportion to the days left in the current period, immediately receives the Usage difference in proportion to the days left, and the billing date stays the same; the next renewal is at the full price of the new Plan. Moving to a lower Plan applies at the next renewal. The payment processor's Customer Portal or the app's Settings can be used.

10.9 Several people. Plans that allow several people (for example Pro x5 and Business) allow adding the number of persons shown, who share the same Usage. The holder of the Plan is responsible for the persons added, for their compliance with the Terms and for informing them. We may provide an administrator, per-person limits and a data processing agreement for the Business Plan.

10.10 API. Plans that include API access provide personal keys. The key is kept secret, is not published in public code, is not shared, and traffic made with it is considered made by the holder. We may revoke a compromised or abused key. API access is subject to the Plan's limits and to Annex 1.

10.11 Prices. Prices are shown in lei for Users from Romania and in euro for the others, and are the final prices that the User pays, including applicable taxes. The yearly Plan covers 12 consecutive Periods and is paid in full, in advance, at the price shown for the yearly plan (equal to 10 months of payment).

10.12 Taxes. Prices include applicable taxes (for example VAT, when the Provider is registered for this purpose and the law requires it). If the Provider's tax status changes (for example through VAT registration), the price of existing subscriptions may change only in compliance with section 11.9.

11. Payment, automatic renewal and invoicing

11.1 The payment processor. Payments are made online, by card and by the methods shown (for example Apple Pay or Google Pay), through the payment processor Stripe (Stripe Payments Europe, Ltd.). The Provider does not receive or store the full card details. The processor may have its own terms and privacy policy. Payment is made on the processor's secure page.

11.2 Automatic renewal. Paid Plans renew automatically, for a new billing period of the same length, at the price in force, until the User cancels. By ordering a Plan, the User authorises charging the card for each renewal. The card is charged once, on the billing date.

11.3 Reminder. Before each renewal, we send the User a notification (email), at least 2 days before, informing the User of the date and amount of the next charge and of how to cancel.

11.4 Invoices. After each payment, the User receives an electronic invoice at the email address in the Account. Where the law requires it, the invoice is also transmitted in the national RO e-Factura system. The User provides correct billing details. Invoices and accounting records are kept as required by law.

11.5 Failed payment. If a renewal payment fails, the processor may retry the charge and may ask the bank for confirmation (3D Secure authentication). The Account moves immediately to the Free plan, with no grace period. When the payment succeeds, the Plan is reactivated and the new Period starts on the day of payment.

11.6 Refunds, disputes and chargebacks. If a payment is refunded or disputed at the bank, we reserve the right to stop the Plan and withdraw the unused Usage. Please write to us before disputing a payment, so that we can solve the problem quickly.

11.7 Billing errors. If we notice a price or charging error, we correct it and refund the amount overpaid. The User tells us about any charge he or she does not recognise.

11.8 Payment methods. We may change the payment methods offered. The User can change the card from the Customer Portal.

11.9 Changing prices. We may change Plan prices. For existing subscriptions, the new price applies only from the next renewal after at least 30 days from the written notice (email and in-app message), and the User can cancel before it applies, at no additional cost. The change does not affect periods already paid.

12. Cancellation, termination and refunds

12.1 Cancellation. The User can cancel the subscription at any time, from Settings or from the Customer Portal, without giving a reason and without cancellation fees. Cancellation stops renewals. The Plan stays active until the end of the period already paid, then the Account moves to the Free plan.

12.2 No refund for the period already started. Subject to the right of withdrawal (section 12.3), to the conformity of the Services (section 13) and to any rights the law gives you, sums paid for a period already started are not refunded for the unused part, and consumed or expired Extra Usage is not refunded.

12.3 The Consumer's right of withdrawal. The Consumer has the right to withdraw from the contract, without giving any reason, within 14 calendar days of its conclusion, according to GEO no. 34/2014. For this purpose the Consumer can send an unequivocal statement to support@serasmartai.com or can use the model form in Annex 2.

12.3.1 Immediate start of supply. The Services are digital and are supplied immediately. When ordering, the Consumer expressly asks for supply to start during the withdrawal period and acknowledges the consequences. If the Consumer withdraws after supply has started, the Consumer pays an amount proportional to the part of the Service already supplied up to the moment the withdrawal is communicated (calculated in proportion to the total price, not as a penalty), and we refund the rest within 14 days of the communication of the withdrawal, by the same payment method.

12.3.2 Digital content supplied in full (for example Extra Usage). For digital content not supplied on a tangible medium, the right of withdrawal is lost if supply began with the Consumer's prior express consent and with the Consumer's acknowledgement that the right of withdrawal is lost once supply has begun. These consents are given by a separate tick at the order.

12.3.3 The right of withdrawal does not apply to Professional Users.

12.4 Termination by the User. The User can stop using the Services at any time and can delete the Account.

13.1 The Provider is liable for the conformity of the digital content and digital services supplied to Consumers, according to Government Emergency Ordinance no. 140/2021 on certain aspects concerning contracts for the supply of digital content and digital services. In case of non-conformity, the Consumer has the right to have the service brought into conformity, to a price reduction or to termination of the contract, under the conditions of the law.

13.2 Nothing in these Terms limits those rights. In case of contradiction between these Terms and mandatory provisions in favour of Consumers, the law applies.

13.3 The fact that an Output is inaccurate or unsuitable for a purpose is not a non-conformity, as long as the Services work as described (see section 9), but concrete situations are assessed according to the law.

14. Third-party services and products

14.1 Model providers. The Services depend on Third-Party Models. The Content sent for processing reaches the provider of the chosen model, who processes it in order to answer. Providers may be established outside the European Economic Area; transfers are made with the safeguards required by law, described in the Privacy Policy. These providers' acceptable-use policies may limit certain requests.

14.2 Connectors, plugins, skills and third-party sites. Connected applications, third-party plugins and skills, and the sites or services the Services link to are offered by third parties and work under their terms. We do not control and are not responsible for their content or practices. When you connect a third-party application, you accept that Serasmart may access the data you authorise, within the permissions granted.

14.3 App stores. The iPhone, iPad and Android apps are distributed through third-party stores (for example Apple App Store and Google Play), whose terms apply to the download. The stores are not parties to this contract and have no support or warranty obligations towards the Serasmart Services. The Provider is responsible to the User for the Services.

15. The mobile apps and the Windows app

15.1 The Provider grants the User a personal, limited, non-exclusive, non-transferable and revocable licence to install and use the apps on devices the User owns or controls, for the purpose of using the Services and in accordance with these Terms.

15.2 The User does not decompile, modify, distribute, rent or resell the apps and does not try to discover their source code, except to the extent that the law mandatorily allows it.

15.3 The apps may update automatically. We may require an update in order to continue using them, for security or compatibility reasons.

15.4 Payment for Plans is usually made on the website, through the payment processor. The specific conditions of the app stores, where they require in-app payment, are shown at that time.

16. Serasmart's intellectual property

16.1 The Services, the apps, the code, the design, the interfaces, the texts, the databases, the name "Serasmart AI", the logo and the other distinctive signs are the property of the Provider or of its licensors and are protected by law. These Terms do not assign any intellectual property right, only the limited right to use the Services.

16.2 The User does not copy, reproduce, mass-extract (scrape), use the Outputs or the Services to train or improve competing models, and does not create derivative services that compete with Serasmart, except where the law permits.

16.3 Open-source and third-party components. The Services may include open-source or licensed components, whose licences apply to those components. The list and the texts of the licences are available in the app (licences and authors section).

16.4 Feedback. If the User sends us ideas or suggestions, the User grants us the free and unlimited right to use them to improve the Services, without any obligation to compensate or credit the User.

17. Infringements and illegal content

17.1 Notice. If you consider that the Services or a generated material infringe your rights or the law, you can send us a notice at support@serasmartai.com containing: your identification and that of the right holder; the description of the right and of the infringement; the exact indication of the content (address, screenshot or identifier); a statement that the notice is made in good faith and that the information is correct; the (electronic) signature.

17.2 We examine notices within a reasonable time and, if they are well founded, we may restrict the content or Account concerned. False notices may make the sender liable. The User concerned is informed and can object, according to the law.

17.3 Illegal content in the app. The apps contain a means of reporting generated content that appears illegal or harmful.

18. Suspension and termination by Serasmart

18.1 We may suspend or close an Account, or limit features, if: (a) the User seriously or repeatedly breaches these Terms or Annex 1; (b) there are well-founded suspicions of fraud, abuse or illegal activity; (c) payment cannot be made or is abusively disputed; (d) the law or an authority requires it; (e) the Account is a security risk to the Services or to other Users.

18.2 We will notify the User before the measure, by email, stating the reasons and giving the opportunity to reply, except where delay would create a serious risk, would breach the law or would affect an investigation. The User can challenge the measure at support@serasmartai.com.

18.3 If we close the Account of a paying User who has not breached the Terms, we refund in proportion the unused part of the period paid.

18.4 We may stop offering a Plan or a feature with reasonable notice. If we permanently discontinue the Services, we refund in proportion the periods paid and not consumed.

18.5 Clauses that by their nature continue to apply (for example those on intellectual property, liability and disputes) remain valid after termination.

19. Disclaimer of warranties

19.1 Subject to the mandatory rights of Consumers, the Services are provided "as is" and "as available". To the extent permitted by law, the Provider gives no warranties, express or implied, on fitness for a particular purpose, accuracy of Outputs, uninterrupted operation or absence of errors, and does not guarantee that the Services will meet the User's requirements.

19.2 Test-mode features, third-party features and third-party applications are offered without warranties from us, to the extent permitted by law.

19.3 This section does not affect the Consumer's rights under section 13 and other mandatory provisions.

20. Limitation of liability

20.1 What we do not limit. Nothing in these Terms excludes or limits the Provider's liability for: (a) intent or gross negligence; (b) bodily injury or death; (c) fraud; (d) any liability that, under the law, cannot be excluded or limited, including the mandatory rights of Consumers.

20.2 Consumers. In relation to Consumers, the Provider is liable for foreseeable damage caused by breach of these Terms or by its negligence, within the limits of the law. We are not liable for damage that was not foreseeable or is not a direct consequence of the breach.

20.3 Professional Users. In relation to Professional Users, to the extent permitted by law: (a) the Provider is not liable for indirect or consequential losses, loss of profit, business, data or reputation; (b) the Provider's total liability for all claims related to the Services is limited to the amount the User paid to the Provider in the 12 months before the event that gave rise to the claim.

20.4 External sources of damage. The Provider is not liable for damage caused by actions of the User or of third parties (including model providers, connected applications and payment processors), by the User's failure to comply with these Terms, by force majeure or by use of the Outputs without verification, to the extent the law permits.

21. Indemnity (Professional Users)

21.1 The Professional User indemnifies and defends the Provider against claims, losses and expenses (including reasonable attorneys' fees) caused by third parties and resulting from the User Content, from use of the Services in breach of the Terms or from the User's infringement of third-party rights.

21.2 This section does not apply to Consumers.

22. Changes to the Terms and to the Services

22.1 We may change these Terms, for example to reflect changes in the Services, in the law or in our practices. The version in force is always the one published at serasmartai.com/legal/, with its effective date.

22.2 For important changes (those affecting the Users' rights or obligations) we notify Users at least 30 days before they take effect, by email and by an in-app message. A User who does not agree can cancel the subscription and close the Account before that date, at no cost; using the Services after the effective date means acceptance of the new version. Changes do not apply retroactively to periods already paid.

22.3 We may change or withdraw features of the Services. If a change significantly and negatively reduces what the User has paid for, the User may terminate the contract and receives, on request, a proportional refund of the period paid and not consumed, according to the law.

22.4 Changes required by law or by an authority may take effect immediately.

23. Governing law, complaints and dispute resolution

23.1 Governing law. These Terms are governed by Romanian law. Consumers resident in another Member State of the European Union keep the protection offered by the mandatory provisions of the law of their state of residence.

23.2 Complaints. You can send us any complaint at support@serasmartai.com. We aim to reply within at most 30 days and to solve the problem amicably.

23.3 Alternative dispute resolution. The Consumer can turn to the National Authority for Consumer Protection (ANPC, anpc.ro) and to the authorised alternative dispute resolution (ADR) entities, according to the law. The European online dispute resolution (ODR) platform has been closed and is no longer available.

23.4 Courts. Disputes that are not settled amicably are resolved by the competent Romanian courts. The Consumer may bring the case before the court of his or her domicile or, at his or her choice, the courts competent under the law. For Professional Users, the courts at the Provider's registered office have jurisdiction, unless the law provides otherwise.

24. General provisions

24.1 Entire agreement. These Terms (with their Annexes), together with the information about Plan and price and with the Privacy Policy, are the entire agreement between the User and the Provider regarding the Services and replace prior understandings on this subject.

24.2 Severability. If a provision is declared null or unenforceable, the rest remains in force, and that provision is replaced by a valid one as close as possible in effect.

24.3 Non-exercise of a right. The fact that we do not exercise a right does not mean that we waive it.

24.4 Assignment. The User may not transfer the contract without our written consent. The Provider may transfer it to a successor (for example in case of reorganisation, merger or sale of the business), with notice to Users, without affecting their legal rights.

24.5 Force majeure. Neither party is liable for non-performance caused by events of force majeure or beyond its control (for example major network or power outages, disasters, acts of authorities, cyberattacks, interruptions of model or hosting providers).

24.6 Communications. We may communicate with the User by email at the address in the Account and by in-app messages. The User keeps the email address up to date. Notices to us are sent to support@serasmartai.com.

24.7 Third parties. These Terms do not give rights to persons who are not parties to the contract, except the mandatory rights of Consumers and of the persons added to multi-person Plans, within the limits of section 10.9.

24.8 Sanctions and export. The User complies with the applicable legislation on sanctions and export controls and declares that he or she is not on lists of sanctioned persons.

25. Contact

For any question about these Terms, write to us at support@serasmartai.com. Provider: SERANO CONSULT SRL, sole registration code 25281467, trade registry no. J2009000644234, registered office: [to complete: sediu].

Annex 1 — Acceptable Use Policy

This policy is part of the Serasmart AI Terms and Conditions. It applies to any use of the Services, including through the API, Connectors, automations and apps.

A1.1 Principle

The User uses the Services for lawful purposes and with respect for the rights and safety of others. The same rules apply to User Content (what is sent) and to Outputs (what is asked to be generated or what is done with them).

A1.2 It is prohibited to use the Services for:

Illegal content or content that harms children

Violence, weapons and serious harm

Cybersecurity

Fraud, deception and manipulation

Breaches of privacy and of the rights of others

Harassment and harmful content

Practices prohibited by the European AI law

High-risk decisions without human oversight

Abuse of the Services

A1.3 Additional rules

A1.4 Consequences and reporting

Breaching this policy may lead to refusal of the request, limitation, suspension or closure of the Account, according to section 18, to reporting to the authorities and to the User's liability. If you notice a breach, write to us at support@serasmartai.com or use the report button in the app.

Annex 2 — Information on the right of withdrawal and model form

A2.1 Information on the right of withdrawal

If you are a Consumer, you have the right to withdraw from this contract within 14 calendar days, without having to justify the decision.

The withdrawal period expires 14 days after the date the contract was concluded (the date of the confirmed order).

To exercise your right of withdrawal, you must inform us by an unequivocal statement (for example an email) sent to support@serasmartai.com, addressed to SERANO CONSULT SRL, with its registered office at [to complete: sediu]. You may use the model form below, but it is not mandatory. To meet the deadline, it is enough to send the communication before the period expires.

Effects of withdrawal. If you withdraw, we refund all payments received from you, without undue delay and in any case no later than 14 days after the date on which we are informed of the withdrawal, by the same payment method used for the order, at no cost to you.

Start of supply during the withdrawal period. The Services are digital and are supplied immediately. You expressly asked, when ordering, for supply to start during the withdrawal period. If you withdraw after supply has started, you pay us an amount proportional to what we have supplied up to the moment you communicate the withdrawal, in relation to the full coverage of the contract.

Exceptions. You can no longer withdraw for digital content (for example Extra Usage) whose supply began with your prior express consent and with your acknowledgement that you lose the right of withdrawal once supply begins. The right of withdrawal also does not apply to contracts concluded by Professional Users.

A2.2 Model withdrawal form

(complete and send this form only if you wish to withdraw from the contract)

To: SERANO CONSULT SRL, [to complete: sediu], email: support@serasmartai.com

I hereby notify you of my withdrawal from the contract for the supply of the following services: __________________________________________________________

Ordered on: ______________________ (or received on: ______________________)

Name of the consumer: ______________________________

Address of the consumer: ______________________________

Email of the Serasmart Account: ______________________________

Signature of the consumer (only if this form is on paper): ______________________

Date: ______________________

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