ReFeel Terms of Use

Effective date: TODO Q14 Last updated: TODO Q14

1. Who we are and this agreement

ReFeel (the "App") and the services around it, including the ReFeel website and the pages where ReFeels are watched (together, "ReFeel"), are provided by Digital Waves Business, S.L., a company registered in Spain with registered office at C/ Bolsa, 10, 4º B, 29015 Málaga, Spain, tax ID (NIF) B92896471, registered in the Registro Mercantil de Málaga (Commercial Registry of Málaga), hoja MA-95172, tomo 4438, folio 196 (EUID ES29023.000335252) ("we", "us"). You can reach us at support@refeel.it or +34 611 888 436.

These Terms of Use (the "Terms") are an agreement between you and us. You accept them when you create an account. APP-FIX X10 the app must ask you to accept these Terms and show the Privacy Policy at sign-up. If you do not agree, do not use ReFeel.

Our Privacy Policy explains how we handle personal data. It is part of how ReFeel works, so please read it too.

2. What ReFeel does

ReFeel turns a moment of your life into a personal song, video and story. While a ReFeel is on, the App takes the photos you choose, records and transcribes the sound around you and notes where you are. When you choose to create it, our servers use artificial intelligence ("AI") to make your ReFeel.

ReFeels are made by AI. Songs, lyrics, stories, narration and videos are generated automatically. They may be inaccurate or incomplete, may mix things up and may include things that were never said or did not happen. They are meant for your personal enjoyment, not as a record of fact or as advice of any kind. Do not rely on them for medical, legal, financial or safety decisions.

A ReFeel needs enough conversation to tell a story; the App tells you when you have reached it. Making a ReFeel takes time on our servers, and the App tells you when it is ready.

3. Who can use ReFeel

You must be at least 16 years old to use ReFeel. If you are under the age of majority where you live, you may use ReFeel only with the permission of a parent or legal guardian. By using ReFeel you confirm that you meet these requirements.

4. Your account

• You need an account to use ReFeel. You can sign up with an email address and password or with Google TODO Q5 and Sign in with Apple on iOS.
• Give us accurate information and keep your password and your app lock PIN safe. You are responsible for what happens under your account. If you think someone else is using it, tell us at once.
• Accounts are personal: one account per person. Do not share, sell or transfer yours.
• You can delete your account at any time (see section 13).

5. Recording and the people around you

ReFeel records conversations. That brings responsibilities that only you can take on, because only you know where you are and who is with you.

• Tell the people with you that ReFeel is on, and stop or pause it if someone does not want to be recorded.
• Only record where you are allowed to. In many countries recording or transcribing a conversation requires the consent of everyone taking part. Some places, such as workplaces, schools, hospitals, courts and changing rooms, may forbid recording altogether.
• Never use ReFeel to record, photograph or locate anyone secretly, to spy on anyone, or to record someone who cannot agree, such as a child who is not yours.
• Do not share a ReFeel that contains other people's words or image if they would not want it shared.

You are responsible for how you use recording, the camera and location in relation to other people. If someone asks us to remove what they said or how they appear, we may delete or restrict that part of a ReFeel, or the whole ReFeel, as the law requires.

6. Your content

"Your Content" means the photos, videos, sound, text and other material you capture or add through ReFeel.

• You keep all your rights in Your Content.
• You give us a worldwide, non-exclusive, royalty-free licence to store, copy, process, adapt and transmit Your Content, only to make your ReFeels, run ReFeel for you and keep it secure, as described in our Privacy Policy. The licence ends when you delete the content or your account, except for what the law requires us to keep.
• You confirm that you have the right to use Your Content in ReFeel and that it does not break the law or anyone's rights.

7. Your ReFeels

• Subject to the law and to these Terms, you may use the ReFeels made for you for any personal, non-commercial purpose, including sharing them with friends and family and on social networks. You may not sell them or use them in advertising or other commercial content. To the extent we have any rights in them, we give you those rights for that purpose. TODO L6
• The music, voices, styles and visual elements of ReFeel that are not Your Content, such as the narrator voice and the music produced by our models, are licensed to you as part of your ReFeel. Do not extract them and use them separately.
• Because ReFeels are made by AI, two ReFeels may look or sound alike. We do not guarantee that a ReFeel is unique, accurate or fit for a particular purpose.
• ReFeels may be marked as AI-generated, for example in their metadata or on the page where they are watched. Do not remove those marks or present a ReFeel as a real recording of events.

8. Sharing ReFeels

• Each finished ReFeel has a private link. Anyone who has the link can watch the ReFeel without an account. Share it only with people you trust, and remember that they can pass it on.
• When you save a ReFeel someone shared with you, it appears under From friends. You may watch it, but you may not use it for anything its owner would not expect.
• If you delete a ReFeel, its link stops working for everyone.

9. Rules for using ReFeel

You agree not to use ReFeel to capture, create, upload or share anything that:

• is illegal, or encourages or helps anyone to break the law;
• sexually exploits or endangers children, in any way;
• is sexually explicit or pornographic, or sexual content involving anyone without their consent;
• harasses, bullies, threatens, defames, humiliates or intimidates anyone;
• promotes violence, terrorism, self-harm or hatred against people because of who they are (for example their race, ethnicity, religion, disability, sex, gender identity or sexual orientation);
• reveals someone's private information, or records or locates someone, without their consent;
• impersonates someone, or presents an AI-generated ReFeel as a real recording in order to mislead;
• infringes someone else's copyright, trademark, privacy or other rights.

You also agree not to:

• try to access other people's accounts or ReFeels, or test, scan or disrupt our systems;
• copy, decompile or reverse engineer the App, except where the law allows it;
• use bots, scrapers or other automated means to use ReFeel or extract data from it;
• resell ReFeel, or use it to build a competing product.

10. Reporting content and how we moderate

• Reporting. If you see a ReFeel, or anything in it, that you believe is illegal or breaks these Terms, report it APP-FIX X11 "with Report on the ReFeel in the App, or" by email to support@refeel.it. Tell us the link of the ReFeel, what is wrong and why, and your name and email (unless your report is about child sexual abuse material, which you may report anonymously). Anyone can report, including people who do not use ReFeel.
• What we do. We review reports promptly and fairly. If content breaks the law or these Terms, we may remove it, turn off its link, or suspend or close the account that made or shared it. Where the law requires, we will tell the person affected what we decided and why, and how they can challenge it.
• Challenging a decision. If we remove your content or restrict your account, you can ask us to review that decision by writing to support@refeel.it within six months. You may also use the out-of-court dispute settlement bodies certified under the EU Digital Services Act, or go to court.
• Blocking. You can remove a ReFeel someone shared with you from your library at any time. APP-FIX X11 and block the person who shared it.
• Filters. Our servers check the songs and stories they make to avoid harmful content. APP-FIX X11 confirm that a filter exists before publishing this sentence.
• Authorities. We may report content to the authorities and share information with them where the law requires it, or where someone's life or safety is at risk.

11. Subscriptions and purchases

Plans. ReFeel has a free plan and paid plans that let you make more ReFeels each billing period. The plans currently offered are:

• ReFeel Free: free, 1 ReFeel per calendar month.
• ReFeel Base: 5 ReFeels per monthly billing period, with a 7-day free trial; EUR 9.99 per month.
• ReFeel Premium: 10 ReFeels per monthly billing period, with a 7-day free trial; EUR 49.99 per month.

The price in your country and currency, taxes included where the law requires, is the one the store shows in the App before you subscribe.

Purchased through the store. Subscriptions are bought and billed by Google Play (Android) or the Apple App Store (iOS) under their own terms. We never receive your card or bank details.

Automatic renewal. A subscription renews automatically at the end of each period, at the price then in force, until you cancel it. Your store account is charged within 24 hours before the new period starts.

Free trials. If a plan offers a free trial, you will not be charged during the trial. Unless you cancel at least 24 hours before it ends, the subscription starts and the first period is charged. A free trial is available once per person and plan.

Cancelling. You can cancel at any time in your store account. You keep your paid plan until the end of the period you paid for. Deleting the App or your ReFeel account does not cancel a subscription.

• Google Play: Play Store → your profile → Payments & subscriptions → Subscriptions, or play.google.com/store/account/subscriptions.
• App Store: Settings → your name → Subscriptions, or apps.apple.com/account/subscriptions.

Your allowance. Each plan includes a number of ReFeels per period. Unused ReFeels do not carry over. A ReFeel counts once it has been made and delivered to you. If we fail to make it, it does not count. Deleting a ReFeel you have received does not give it back.

Refunds. Refunds are handled by the store where you bought the subscription, under its refund policy. We cannot refund store purchases ourselves.

Payment problems. If the store cannot collect a renewal, it may give you a grace period in which you keep your paid plan while you update your payment method. If the payment is not resolved, the subscription ends and your account goes back to the free plan.

Changing plans. You can switch between paid plans in the App. The store applies its own rules for the current period; the allowance of the new plan applies from the start of the next billing period.

Price changes. If the price of your plan changes, the store tells you in advance and, where required, asks for your agreement. If you do not agree, your subscription ends at the end of the current period.

Right of withdrawal (EU and UK consumers). You have the right to withdraw from a purchase within 14 days. When you subscribe, you ask us to start providing ReFeel straight away and acknowledge that you lose the right of withdrawal once we have fully provided the paid service. TODO L7

Changes to plans. If we reduce what a paid plan includes in a way that matters, we will tell you in advance and you may cancel before the change applies.

12. Our rights in ReFeel

ReFeel, the App, the website, our software, models, music, narrator voices, designs, names and logos belong to us or to our licensors. We give you a personal, non-exclusive, non-transferable and revocable licence to use the App on devices you own or control, for your personal use and in line with these Terms and the rules of the store you got it from. All other rights are reserved.

13. Ending this agreement

• You can stop using ReFeel and delete your account at any time in the App (Settings → Account → Delete account) or as explained on our account deletion page.
• We may suspend or close your account if you seriously or repeatedly break these Terms, if the law requires it, or to protect other people. Unless the law or safety prevents it, we will tell you why in advance and give you the chance to respond.
• If we stop offering ReFeel, we will tell you at least 30 days in advance so you can download or keep what you want, and we will refund any part of a subscription you have paid for and will not receive, where the store allows it.

The sections that by their nature should survive the end of this agreement (for example 6, 12, 16, 17 and 19) keep applying.

14. Changes to ReFeel

ReFeel is new and keeps changing. We may add, change or remove features. We will try to keep ReFeel available, but we cannot promise that it will always work without interruption or errors. If a change significantly harms a paid plan, section 11 applies.

15. Other services

ReFeel relies on services from other companies, such as the app stores, Google sign-in and notifications. Their terms apply to your use of them, and we are not responsible for them. You must also follow the terms of your mobile or internet provider.

16. Warranties

We provide ReFeel with reasonable care and skill. If you are a consumer, you have legal rights if ReFeel or something you paid for does not conform to what was agreed, and nothing in these Terms limits them. Apart from those rights, and as far as the law allows, ReFeel is provided "as is": we do not promise that ReFeels will be accurate, complete or to your taste.

17. Our liability

• We are responsible for losses that are a foreseeable result of our breaking these Terms or failing to use reasonable care.
• As far as the law allows, we are not responsible for losses that were not foreseeable, for indirect losses, or for loss of business or profits.
• As far as the law allows, our total liability to you is limited to the amount you paid for ReFeel in the month before the claim. TODO L8
• Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, for wilful misconduct or gross negligence, or any other liability that cannot be limited by law.

18. Apple and Google

If you got the App from the Apple App Store:

• These Terms are between you and us, not Apple. We, not Apple, are solely responsible for the App and its content.
• Your licence to use the App is limited to Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions; family members may use it through Family Sharing.
• We, not Apple, are responsible for maintenance and support of the App. Apple has no obligation to provide them.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App, if any. To the extent the law allows, Apple has no other warranty obligation for the App.
• We, not Apple, are responsible for any claims by you or a third party relating to the App or your use of it, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If a third party claims that the App or your use of it infringes their intellectual property rights, we, not Apple, are responsible for the investigation, defence, settlement and discharge of that claim.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Questions, complaints or claims about the App go to us, at the contact details in section 21.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple may enforce them against you.

If you got the App from Google Play: Google Play's terms of service also apply to your use of Google Play. Google is not a party to these Terms.

19. Law and disputes

These Terms are governed by Spanish law. If you are a consumer living in the European Union, you also keep the protection of the mandatory laws of the country where you live, and you may bring a claim in the courts of your country of residence. Otherwise, the courts of Málaga, Spain, have jurisdiction. TODO L9

Before going to court, please write to us; most problems can be solved quickly.

20. Changes to these Terms

We may update these Terms, for example when ReFeel changes or the law requires it. We will publish the new version on this page with a new date. If a change is important, we will tell you in the App or by email at least 30 days before it applies. If you do not agree, you can delete your account before then; if you keep using ReFeel after that date, the new Terms apply.

21. Contact

• Digital Waves Business, S.L.
• Registered office: C/ Bolsa, 10, 4º B, 29015 Málaga, Spain
• Tax ID (NIF): B92896471
• Registered in the Registro Mercantil de Málaga (Commercial Registry of Málaga), hoja MA-95172, tomo 4438, folio 196 (EUID ES29023.000335252)
• Email: support@refeel.it
• Phone: +34 611 888 436

See also our support page.