Terms of Service

1. Acceptance of Terms

By accessing or using TalkGenAI ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not use our Service.

1.1 Agreement Parties

• Service Provider: TalkGenAI
• Legal Entity: TalkGenAI, based in Israel
• User: You, the person or entity using the Service

1.2 Acceptance Methods

You accept these Terms by:

• Registering for a TalkGenAI account at https://app.talkgen.ai
• Installing the TalkGenAI WordPress plugin
• Using the Service through the plugin or API
• Upgrading to a Starter subscription

2. Description of Service

2.1 What TalkGenAI Does

TalkGenAI provides an AI-powered web application and article generator that:

• Accepts natural language descriptions from users
• Uses AI (GPT-4o-mini, GPT-4, GPT-4o, Claude Sonnet 4.5) to generate web applications and articles
• Returns HTML, CSS, and JavaScript code for apps
• Generates blog articles with AI
• Integrates with WordPress via plugin
• Provides templates for common app types

2.2 Service Availability

• Target Uptime: 99.5% (best effort)
• Maintenance Windows: Scheduled during low-traffic hours with advance notice when possible
• Emergency Maintenance: May occur without notice for security or critical issues

3. User Accounts & Registration

3.1 Manual Registration Required

Before using the WordPress plugin, you must:

• Register at https://app.talkgen.ai using your Google account
• Accept these Terms of Service and Privacy Policy
• Generate an API key from your dashboard
• Enter the API key in the WordPress plugin settings

3.2 Account Requirements

• You must have a valid Google account
• You must have a valid WordPress installation (5.0 or higher)
• You must have admin access to WordPress
• You must provide accurate account information
• One TalkGenAI account can be used with multiple WordPress sites

3.3 Account Security

You are responsible for:

• Maintaining the security of your Google account (your TalkGenAI login)
• Maintaining the security of your WordPress admin credentials
• Keeping your API key confidential
• All activity under your account
• Notifying us immediately of unauthorized access (email: [email protected])

4. Usage Plans & Credits

*Starter plan pricing available after WordPress plugin approval. Currently, all users are on Free plan.

4.1 Credits System

• Credit Definition: 1 credit = 1 app generation, article generation, or app modification
• Reset Period: Monthly (on the 1st of each month)
• Unused Credits: Do not roll over to next month
• Credit Deduction: Occurs immediately upon successful generation

4.2 Active App Limits

• Free Plan: Maximum 5 active apps at any time
• Starter Plan: Maximum 20 active apps at any time
• How It Works: Delete old apps to create new ones if you reach your limit
• Downgrade Protection: If you downgrade from Starter to Free, your existing apps remain functional even if you exceed 5 apps, but you cannot create new apps until you delete enough to get under the limit

4.3 Fair Use Policy

You agree to:

• Use the Service for legitimate personal or business purposes
• Not abuse or overload the system
• Not use automated scripts to exhaust credits or create fake accounts
• Not repeatedly delete and re-create accounts to claim free credits (fraud prevention system in place)
• Use generated apps and articles in accordance with applicable laws

5. Acceptable Use Policy

5.1 Permitted Uses

You MAY use TalkGenAI to:

• ✅ Generate apps and articles for personal or business websites
• ✅ Create calculators, timers, forms, utilities, and interactive web apps
• ✅ Generate blog articles with AI
• ✅ Embed generated apps and articles in WordPress posts/pages
• ✅ Modify and customize generated code and content
• ✅ Use generated code and content in client projects (all plans)

5.2 Prohibited Uses

You MAY NOT use TalkGenAI to:

• ❌ Generate malicious code, viruses, or malware
• ❌ Create apps that violate laws or regulations
• ❌ Generate adult content, gambling tools, or illegal services
• ❌ Infringe on intellectual property rights
• ❌ Harass, abuse, or harm others
• ❌ Circumvent usage limits or abuse the system
• ❌ Reverse engineer, decompile, or replicate the backend API Service (the WordPress plugin code is GPL and may be modified; the backend service is proprietary)
• ❌ Use the Service to build competing AI generation products or services
• ❌ Scrape, crawl, or systematically access the Service to extract data or algorithms
• ❌ Generate spam or phishing content
• ❌ Violate privacy or data protection laws
• ❌ Sublicense, resell, or redistribute API access without authorization

5.3 Content Restrictions

Generated apps must not contain:

• Illegal content
• Hate speech or discrimination
• Violence or threats
• Adult or sexually explicit content
• Misleading or fraudulent information
• Copyright-infringing content

6. Intellectual Property

6.1 Service Ownership

TalkGenAI retains all rights to:

• Backend API Service: The TalkGenAI API platform, server infrastructure, proprietary algorithms, AI prompts, and all backend software (proprietary, not open source)
• WordPress Plugin: While the WordPress plugin code is licensed under GPL v2 (open source), TalkGenAI retains copyright
• Our trademarks, logos, and branding ("TalkGenAI" name and logo)
• Documentation, marketing materials, and website content
• Service design, user interface, and user experience

6.1.1 License Clarification (Important)

Dual Licensing Model:

• WordPress Plugin Code (Open Source): Licensed under GNU GPL v2 or later. You may modify, redistribute, and fork the plugin code under GPL terms.
• Backend API Service (Proprietary): The TalkGenAI API service at https://app.talkgen.ai is proprietary software and is NOT covered by GPL. You may NOT reverse engineer, replicate, or create competing services using our backend API.

This dual-licensing model is standard for WordPress SaaS plugins (e.g., WooCommerce, Jetpack, AI Engine).

6.2 Generated Code Ownership

You own the generated apps. Specifically:

• ✅ The HTML, CSS, and JavaScript code generated for you
• ✅ The specific app implementations we create
• ✅ The right to use, modify, and distribute your apps
• ✅ No attribution required (though appreciated)

6.3 License Grants

We grant you:

• A non-exclusive, worldwide license to use the Service
• The right to embed generated apps and articles in your WordPress sites
• The right to modify generated code and content
• Commercial use rights (all plans, including Free)

You grant us:

• Permission to process your app/article descriptions using AI
• Right to use aggregated, anonymized data for service improvements
• Right to display your apps as examples (with your explicit permission only)

7. Payment Terms (Starter Plan)

Note: Paid subscriptions will be available after WordPress plugin approval. Currently, all users are on the Free plan.

7.1 Subscription Billing (Coming Soon)

• Billing Cycle: Monthly, billed in advance
• Payment Method: Credit card via Paddle (secure payment processor)
• Auto-Renewal: Subscriptions renew automatically unless cancelled
• Failed Payments: Service downgraded to Free plan after 3 failed payment attempts

7.2 Pricing

• Starter Plan: $20/month USD (50 credits, 20 active apps, premium AI models)
• Currency: All prices in US Dollars
• Taxes: Prices exclude applicable taxes (VAT, sales tax) - handled by Paddle

7.3 Price Changes

• We may change prices with 30 days advance notice
• Existing subscribers keep current price for 12 months (grandfathered pricing)
• You may cancel before new price takes effect

7.4 Refund Policy

• Starter Plan: 14-day refund if no credits were used
• How to Request: Email [email protected] with subject "Refund Request"
• Processing Time: 5-10 business days
• Refund Method: Original payment method via Paddle

7.5 Cancellation

• Cancel anytime from your TalkGenAI dashboard or by email
• Service continues until end of current billing period
• No refunds for partial months
• Account automatically downgrades to Free plan
• Existing apps remain functional (even if you exceed 5 active apps), but you cannot create new apps until you delete enough to get under the Free tier limit

8. Service Limitations

8.1 Technical Limitations

• Rate Limits: Automatic abuse prevention system (fair use limits apply)
• Generation Time: 5-30 seconds per app or article (may vary based on complexity and AI model)
• Credit Limits: Free (10/month), Starter (50/month)
• Active App Limits: Free (5 apps), Starter (20 apps)
• Supported App Types: Calculator, Timer, Todo, Form, Game, Interactive Tools (more coming)

8.2 Service Dependencies

Our Service depends on third-party providers:

• OpenAI API: For GPT-4o-mini, GPT-4, and GPT-4o models
• Anthropic API: For Claude Sonnet 4.5 model
• MongoDB: Database infrastructure
• Railway/Render: Cloud hosting infrastructure

Service availability may be affected by these third-party providers. We are not liable for third-party service outages.

9. Warranties & Disclaimers

9.1 Service "AS IS"

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

We specifically disclaim:

• ❌ Warranty of merchantability
• ❌ Warranty of fitness for a particular purpose
• ❌ Warranty of non-infringement
• ❌ Warranties regarding accuracy or reliability
• ❌ Warranties regarding uninterrupted service

9.2 AI Generation Disclaimer

Regarding AI-generated content:

• Generated apps may contain errors or bugs
• We do not guarantee code quality or functionality
• You are responsible for testing generated apps
• AI may occasionally produce unexpected results
• You should review generated code before deployment

9.3 Security Disclaimer

• We sanitize and validate generated code
• However, you are responsible for final security review
• Test generated apps in staging environments
• We are not liable for security vulnerabilities in generated code

9.4 AI-Generated Content Disclaimer

IMPORTANT: Read Before Using AI Generation

Understanding AI Limitations:

• TalkGenAI uses large language models (GPT-4o-mini, GPT-4, GPT-4o, Claude Sonnet 4.5) to generate web applications and articles based on your descriptions.
• AI models are trained on vast datasets and may produce content similar to existing applications, websites, or copyrighted materials.
• AI can produce unexpected results, errors, or "hallucinations" (plausible but incorrect outputs).
• We do NOT guarantee that generated content is original, unique, or free from third-party intellectual property.

Your Responsibilities as the User:

• ✅ Review All Generated Content: You must review, test, and validate all generated applications and articles before publishing them on your website.
• ✅ Verify Originality: You are responsible for ensuring generated content does not infringe on copyrights, trademarks, patents, or other intellectual property rights.
• ✅ Legal Compliance: You are responsible for ensuring generated content complies with all applicable laws and regulations in your jurisdiction.
• ✅ Third-Party Claims: If a third party claims your generated content infringes their rights, you are solely responsible for addressing such claims.
• ✅ Commercial Use: If you use generated content for commercial purposes or client projects, we strongly recommend consulting with legal counsel.
• ✅ Content Ownership: While you own the generated code (Section 6.2), ownership does not absolve you from ensuring the content is lawful and non-infringing.

What We Do NOT Guarantee:

• ❌ That generated apps are unique or original
• ❌ That generated content is free from copyright or trademark issues
• ❌ That generated code is error-free or production-ready
• ❌ That generated articles contain accurate or factual information
• ❌ That generated content meets your specific legal or regulatory requirements
• ❌ That AI models won't occasionally produce unexpected or inappropriate outputs

AI Service Provider Terms:

• Your use of TalkGenAI means your content is processed by OpenAI and/or Anthropic.
• You must comply with OpenAI's Usage Policies and Anthropic's Acceptable Use Policy.
• Prohibited uses include: generating malicious code, infringing content, spam, illegal materials, or content that violates platform policies.

Best Practices We Recommend:

• Test in Staging: Always test generated apps in a staging environment before deploying to production.
• Review for Similarity: Check if generated apps resemble existing popular applications too closely.
• Modify When Needed: Customize and modify generated code to ensure uniqueness and fit your needs.
• Fact-Check Articles: Verify factual accuracy of AI-generated articles before publishing.
• Keep Records: Document your prompts and review process in case of disputes.
• Get Legal Advice: Consult with legal counsel if using generated content commercially or in regulated industries.

Example Scenarios Where YOU Are Responsible:

• If you prompt "create a todo app like Todoist" and the AI generates something too similar to Todoist's copyrighted design, you are responsible.
• If you generate an article containing false medical information and publish it, you are liable for any consequences.
• If you create 100 apps with similar functionality and they violate a patent, you are responsible for infringement claims.
• If you use generated apps in a client project without review and they contain malicious code, you are liable to your client.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

10.1 No Liability For

We are NOT liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or data
• Business interruption
• Loss of goodwill or reputation
• Service unavailability or errors

AI-Generated Content Issues:

• Copyright, trademark, or patent infringement claims related to generated content
• Inaccurate, false, or misleading information in generated articles
• Security vulnerabilities in generated code
• Errors, bugs, or malfunctions in generated applications
• Similarity of generated content to existing copyrighted works
• AI "hallucinations" or unexpected outputs
• Third-party service failures (OpenAI, Anthropic, MongoDB, Railway, Render)
• Client disputes arising from your use of generated content
• Legal or regulatory violations resulting from your use of the Service

10.2 Maximum Liability

Our total liability to you shall not exceed:

• Free Plan: $0 (no liability)
• Starter Plan: Amount paid in last 12 months (maximum $240)

11. Indemnification

You agree to indemnify, defend, and hold harmless TalkGenAI, its officers, directors, employees, contractors, and agents from any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Service in any manner
• AI-Generated Content: Any applications, articles, or other content generated using TalkGenAI that you publish, distribute, or use, including claims of:
  • Copyright or trademark infringement
  • Patent infringement
  • Violation of intellectual property rights
  • Defamation, libel, or false information
  • Privacy violations or data breaches
• Violation of these Terms or our Acceptable Use Policy
• Violation of third-party rights through your use of generated content
• Your app descriptions or inputs that violate laws or third-party rights
• Client disputes: If you use generated content for client projects, any claims or disputes arising from such use
• Commercial use: Any liability arising from your commercial use of generated applications or articles
• Failure to review or test: Damages resulting from publishing generated content without proper review, testing, or verification

This indemnification obligation survives termination of your account and these Terms.

12. Termination

12.1 Termination by You

You may terminate at any time by:

• Using the "Delete My Account" button in your TalkGenAI dashboard (immediate, GDPR-compliant deletion)
• Cancelling your Starter subscription (if applicable)
• Emailing [email protected]

12.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms
• You abuse the Service (e.g., creating fake accounts, credit fraud)
• Payment fails repeatedly (Starter plan)
• You engage in fraudulent activity
• You use the Service for prohibited purposes (malware, illegal content, etc.)
• Required by law

12.3 Effect of Termination

Upon termination:

• Your API key is immediately deactivated
• You cannot generate new apps or articles
• WordPress Plugin: If you used the WordPress plugin, previously generated apps and articles remain in YOUR WordPress database (you control deletion).
• Web Dashboard / Service History: We may retain limited job history and usage logs for a limited period for security, billing verification, and service improvement as described in our Privacy Policy.
• Personal data is deleted according to our Privacy Policy (GDPR-compliant)
• Cryptographic hash of email retained for fraud prevention (GDPR Article 17.3.e)
• Outstanding payments remain due (if applicable)

13. Privacy & Data Protection

Your use of the Service is also governed by our Privacy Policy:

• Privacy Policy: https://app.talkgen.ai/privacy
• GDPR Compliance: We comply with EU data protection laws (GDPR)
• Israeli Privacy Law: We comply with Israeli privacy regulations
• Data Deletion: Self-service account deletion available in your dashboard

14. Changes to Terms

14.1 Modification Rights

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date
• We will notify Starter plan users via email (when payment system is active)
• We will display a notice in your TalkGenAI dashboard
• Material changes require 30 days notice

14.2 Acceptance of Changes

• Continued use after changes = acceptance of updated Terms
• If you disagree, you must stop using the Service and may delete your account
• You may cancel your Starter subscription before changes take effect (if applicable)

15. Dispute Resolution

15.1 Informal Resolution

Before filing any formal action, you agree to:

• Contact us at [email protected]
• Describe the dispute in detail
• Attempt good faith negotiation for 30 days

15.2 Governing Law

• Jurisdiction: State of Israel
• Applicable Law: Israeli law
• Venue: Courts of Tel Aviv, Israel

15.3 Arbitration (Optional)

Parties may agree to binding arbitration instead of litigation.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TalkGenAI.

16.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

16.3 Waiver

Our failure to enforce any right does not constitute a waiver of that right.

16.4 Assignment

• You may not assign these Terms without our consent
• We may assign these Terms to any successor

16.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our control (natural disasters, wars, pandemics, internet outages, etc.).

16.6 Export Compliance

You agree to comply with all applicable export laws and regulations.

17. Third-Party Services

By using TalkGenAI, you acknowledge that we use the following third-party services:

• OpenAI: For GPT-4o-mini, GPT-4, and GPT-4o AI models (OpenAI Terms)
• Anthropic: For Claude Sonnet 4.5 AI model (Anthropic Terms)
• Paddle: For payment processing (when available) (Paddle Terms)
• Google: For user authentication (Google OAuth) (Google Terms)

18. Contact Information