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Legal

Privacy Policy and Cookie Policy

Effectiveness date: March 9, 2026

This Privacy Policy describes how personal information is collected, processed and protected for users.

We may update this Privacy Policy according to new legislative or jurisprudential requirements and/or business needs, among other reasons. The new version of this Privacy Policy will be applicable from the moment of its publication on the Website. Therefore, the User is recommended to review this Privacy Policy regularly. This Privacy Policy will always be available on our Website so that the data subjects can consult it at all times.

Who is the personal data controller?

LUXOR GLOBAL TECH LLC (hereinafter, “the Company”, “We”, “Us” and the like) is the controller of the User’s personal data. We are firmly committed to regulatory compliance and the privacy and protection of personal data of Users. Accordingly, in the present Privacy Policy, the User (hereinafter “the User”, “you”, “your”) of chatday.ai (hereinafter, “the/our Website”) will find all the relevant information to better understand what We do with your personal data.

What does this Policy apply to?

This Privacy Policy applies to the personal data that We collect and process from you as a User of our Website as well as the services offered within it. Please bear in mind that this Website is for adults in accordance with the laws and regulations of their birth or residence country.

Note: The Company shall not be liable if the User is not of legal age according to the laws and regulations of their country of birth or residence. In this regard, it is the sole responsibility of parents and/or legal guardians to exercise appropriate control over the online activity of their minor children and prevent their access to websites whose content is not suitable or recommended for minors.

What does personal data mean and which data do We collect and process?

For the purposes of this Policy, “personal data” refers to all data that identifies you or that could be used to identify you, such as:

• E-mail addresses, when you contact us directly.
• Full name
• Payment data to process the payment of the services.

Note: The Company shall not be liable if the User provides personal data and/or private information from an adult without his/her consent for obtaining responses from the AI. For circumstances beyond our reasonable control such as this, the Company will be excluded from liability towards third parties and, if applicable, the Company may both delete the improperly processed information and determine the blocking of access to the User who has improperly entered information from another data subject.

What do We use your personal data for?

Please be informed that you only are required to provide personal data and information that is strictly necessary to fulfil the purposes explained below. In this regard, if you provide Us with more information than is expressly required, you consent to its processing for the purpose(s) for which it was granted.

We may use your personal data for the following purposes:

• To personalize your experience and improve the Services offered through the Website. The Website may use your personal information to enable you to access and use the Website as well as to enhance the quality and functionality of the Website. For this purpose, the Website may collect information about how you navigate in the Website, to improve the Users’ experience.
• For the AI to provide more accurate answers to User’s questions.
• To collect the fees of the subscription plans to the Services offered through the Website and process transactions;
• To manage your information queries regarding our Website and/or the Service offered through it;
• To send you electronic commercial communications and/or newsletters with information that might be of your interest in relation to the Services we provide to you.
• To comply with our legal obligations, legal requirements, laws, and regulations and/or to respond to judicial, police or the corresponding authorities’ requirements;
• To protect, investigate, and deter fraudulent, unauthorized, or illegal activity on/through our Website;
• When applicable, to improve our Website’s functionalities and the Service offered by analyzing disaggregated data not associated with a particular User’s personal information.
• To send periodic emails to the User to achieve the purposes outlined in this Privacy Policy.

What is the legal basis for processing your personal data?

We only process your personal data when there is a legal basis for doing so. The legal basis will depend on the reason(s) why We collect and process your personal data. In almost all cases the legal basis will be:

• To comply with our legal obligations and/or to attend administrative, judicial, police, or the corresponding authorities’ official requirements.
• Our legitimate interests in (i) offering an enhanced user experience when you access and use the Website and operate it efficiently, (ii) monitoring fraudulent activity to preserve the security and integrity of our Website; (iii) providing advertisements to users according to their interests; (iv) defending and addressing our rights in the event that a claim regarding our Website and/or Service may arise.

How long do we keep your personal data for?

We will keep your personal data only for as long as you are subscripted to the Services and, beyond that, your personal data will be retained, securely blocked, for the necessary retention period to fulfil our legal obligations and/or for our legitimate reasons (i.e to address claims in connection with the services offered through the Website; to finish the investigation of detected fraudulent or illicit activity.)

Once the necessary retention period has ended, your personal data will be securely deleted from our information systems.

Who do We share the User’s personal data with?

We will not share your personal information with third parties without your consent. Nonetheless, in order to provide the Services and comply with our legal obligations, protect our legal rights, or respond to a valid legal request, we may communicate your personal data to the following third parties, including but not limited to:

• (i) our main service providers, such as Apple/Google, where appropriate;
• (ii) other providers such as Amplitude, Google Inc, Stripe, and Firebase, among others;
• (iii) service providers to perform functions and provide Services to us, such as hosting and backend infrastructure, database storage and management, email management, store marketing, credit card processing, customer service and others.
• (iv) service providers to provide authentication and identity verification services, acting as data processors on our behalf, for the purpose of enabling secure user access to the Website/App.
• (v) service providers to process subscription payments, acting as data processors, in order to securely manage payment transactions and billing for the Website/App.
• (vi) administrative, police or judicial authorities as long as the data is required in accordance with the applicable law and regulations;
• (vii) law firms to respond to claims regarding our Website or services offered through it;

The third parties mentioned above may have their headquarters outside the European Economic Area (EEA), therefore, your personal data will be the object of international transfers. In any event, if a personal data international transfer is deemed appropriate, We inform you that We will only transfer personal data to recipients located in countries that ensure an adequate level of data protection or, failing that, offer the appropriate safeguards required by the current applicable law and regulations on the protection of personal data, to ensure that your personal data is properly protected and that your individual rights and freedoms are guaranteed. In this regard, please be informed that the third parties mentioned above are committed to standard contractual clauses approved by the EU Commission certification in case of transfers to the USA.

How do We protect your personal data?

Your trust is very important to Us and for this reason, your personal data is stored confidentially and securely in our information systems. We are committed to protecting the security of your personal information and we implement the appropriate technical, organizational, administrative and security measures to safeguard and protect your information and personal data against illegal or unauthorized access, misuse or disclosure.

What rights do you have and how can you exercise them?

We inform you that the Users can withdraw their consent to processing their personal data at any time. Users may also exercise the following rights: access, verify and seek rectification, have their Personal Data deleted or otherwise removed, restrict the processing of their data, object to processing of their data, as well as the right to have the Personal Data transferred to another controller (portability), with a written request, addressed to us, via the following e-mail: info@chatday.ai. We also inform you of your right to lodge a complaint to the Supervisory Authority.

As a general rule, We will respond to data protection rights requests within one (1) month. Occasionally, this period may be extended by two (2) further months where necessary, taking into account whether your request is particularly complex or you have made several requests. In this case, We will notify you of this event and explain the reasons for the delay to you.

Finally, We inform you that should you consider it appropriate, you have the right to lodge a complaint before the corresponding Supervisory Authority, especially if you consider that your data protection rights have not been adequately addressed.

We remain at your disposal for any doubts or questions you may have about this Policy, please contact Us by email at info@chatday.ai.

What are cookies and what are they used for?

For the purposes of this Policy, the single term ‘cookies’ refers to cookies and/or similar technologies that track information about accessing and interacting with our Website, for different purposes such as facilitating information about the user’s device, the User’s navigation through our Website, remembering your browsing preferences, customizing the services offered on this Website, the user’s purchase and cancellation history, to generate aggregate statistics based on user interaction, among others.

The memorized data recorded by cookies takes up a small space on a device’s memory and does not harm the device in any way.

When are cookies installed?

Interacting with our Website and purchasing the paid services offered in it implies the installation of cookies, which may belong to us or be from third parties.

The use of third-party cookies is subject to the Cookies and Privacy Policies of these third parties. Therefore, We will not be responsible for the content or the veracity of the mentioned policies of said third parties. Please consult the website(s) and/or Website(s) of said third parties to obtain more information or if you want to change your preferences for setting these cookies.

What type of cookies are installed?

Cookies that can be installed include the following:

• Session cookies: these are used to identify the User during the session, prevent the User from having to repeat processes in the Website and are automatically deleted when the browser on the User’s device is closed.
• Persistent cookies: these are used to identify the User during the session, prevent the User from having to repeat processes in the Website and remain installed for a certain time in the browser of the User’s device.
• Owned cookies: these are sent to the User’s device from our Website and/or computer equipment, managed by Us, and their information is collected for our purposes.
• Third-party cookies: these are sent to the User’s device from computer equipment or Website or an Website managed by another company (partners and/or service providers) and their information can be collected for our purposes (i.e to know the geographical location of the User) and/or to manage or improve the services that these third-party companies offer (i.e to manage the payment of the Website’s services.).
• Technical cookies: these allow the management and operation of this Website and enable its functions and services, for example, to carry out the purchase process and manage payment, etc.
• Analytical cookies: these allow Us to analyze the use of this Website and recognize which functionalities interest users the most, to improve the quality and functionalities of our services (i.e. the Website’s look and feel, messages’ design for usability, etc.) This information is obtained from disaggregated data which is not associated with a particular User or his/her personal information.
• Preference or personalization cookies: they allow the storage of personalized information so that the User can access the service with certain characteristics such as the language, the number of results to be displayed in a search, the appearance or content of the service depending on the type of browser, etc.

To install cookies in your device’s browser, We need your express consent, although other cookies are exempt from such consent. The exempt cookies are User authentication or identification cookies (session cookies only).

We have enabled adequate mechanisms to obtain your consent for the installation of cookies that require it. However, please be informed that, in accordance with the applicable laws and regulations, (i) it will be understood that your consent has been given if you modify the configuration of the browser by disabling the restrictions that prevent the installation of cookies and that, (ii) when the installation of cookies is necessary to provide you with the services that you have expressly requested, your consent will not be necessary.

Legal

Terms of Use

Effective date: April 2026

General

These Terms of Use regulate the conditions of access and navigation through this website, owned and operated by the Company stated in the Terms and Conditions section of this website (hereinafter, “the Company”).

The access and navigation through this website are voluntary and free of charge and automatically grant the interested person the status of “User” (hereinafter, “the User”, “you”). Such status implies full acceptance of the present Terms of Use. Therefore, we recommend that you carefully read the following Terms of Use before using this website. In the event that you do not agree to be bound by these Terms of Use, please do not access or continue to use the website.

These Terms of Use may be updated, at any time and without prior notice to the User, in order to comply with applicable laws and regulations, according to business matters or because of changes in the provision of services or functionalities of our website. The new Terms of Use will be applicable as soon as they are published on the website. Therefore, the User acknowledges and accepts that it is his/her responsibility to periodically review these Terms of Use.

The User accepts to access and navigate through this website complies with all the in force applicable laws and regulations, as well as in accordance with these Terms of Use.

If any part or clause of these Terms of Use is declared null and void by any judicial decision, the remaining part and/or clauses will remain valid.

The present website can only be used by adults with legal capacity. Therefore, if you do not have the required legal age in accordance with the applicable laws and regulations of your country, please do not visit or use this website. In this sense, the Company reserves the right to block access to this website, without prior notice, to Users who do not comply with this requirement.

Rules of Conduct

The User must use this Website, its content, and services in accordance with the present Terms of Use, the currently applicable laws, and regulations, common decency, morality, and public order at all times. In particular, but without limitation, the User shall not:

• Hire the Services offered if you do not meet the required legal age and have the legal capacity to enter into contracts according to applicable laws and regulations of your country.
• Make inappropriate or illicit use of our website content, as well as the information about the Services, offered and/or use it to engage in illegal activities or those harmful to the interests or rights of the Company and/or of third parties;
• Restrict or prevent any other User from using and enjoying this website;
• Copy, distribute, or modify any part of this website without prior written authorization from the Company with or without commercial purposes;
• Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or that enforce limitations on the use of the website;
• Send or disseminate information, codes, or content that could reduce, harm, disturb or impede any User’s access or normal use of this website and/or damage or harm equipment belonging to the Company (like servers or networks connected to the website) or to other Users. This includes but is not limited to malware, viruses, logic bombs, etc;
• Breach the Company’s intellectual property rights, this includes but is not limited to, using, modifying, creating derivative works of, transferring (by sale, resale, license, sublicense, download, or otherwise), reproducing, distributing, displaying, or disclosing any content of this website, without prior written authorization from the Company.
• Breach third parties’ intellectual property rights in connection to the access or use of this website.

The access of a User who does not comply with these Terms of Use may be blocked and/or suspended at any time and without prior notice in order to maintain the quality, security, and availability of the present website.

Limitation of Guarantees and Liability

The use of the present website is at the User’s own responsibility and risk. The Company makes its best efforts to ensure the availability of the website and the safe navigation of the User. However, access to this website may be punctually interrupted by maintenance tasks and/or the upload of updates of the contents and/or services offered through it. Also, we cannot guarantee that the website will be maintained without interruptions, delays, errors or omissions for reasons beyond our control, as well as for possible damages that may be caused by third parties through illegitimate intrusion beyond our control.

Notwithstanding the preceding, the Company will make its best efforts to be as accurate as possible and to avoid mistakes in the content and information provided on the website. If you detect any inaccuracies, we kindly ask you to contact our Customer Service Team and advise them by email info@chatday.ai. In any case, the Company shall be exempt from any liability arising from possible errors in the content and information that may appear on this website, provided they are not attributable to it. Therefore, this website content is provided on an “as is” basis, without establishing express or implicit guarantees of any kind, express or implied, including but not limited to guarantees of fitness for a particular purpose, accuracy, completeness, and currentness.

Neither the Company nor its partners, suppliers, employees, or representatives will consequently, be liable for any error or omission on the website or if the content and information of this website is used by a User or a third party for unlawful purposes and/or to cause damage to third parties or to the Company’s reputation.

Furthermore, the Company will not assume any responsibility for access to this website by Users under the required legal age according to their country’s applicable laws and regulations, being the responsibility of their parents and/or legal guardians to exercise an adequate level of control over the activity and/or use of the Internet by their dependent children or minors; in order to prevent their access to websites whose content is not suitable or recommended for minors, as well as the sending of personal data without the prior authorization of their parents or legal guardians.

The Company will be exempt from any liability that may arise from the breach of these Terms of Use by the User.

Intellectual Property Rights

www.chatday.ai is a domain registered by the Company. Therefore, it cannot be used by third parties in connection with other products and/or services other than those offered on this website in any way that may cause confusion between our Users and/or customers and/or discredit the Company.

The totality of the elements contained on this website, whether it be texts, articles, descriptions, images, graphics, sounds, videos, brands, logos, interactive features or any other element, its structure and design, the selection and presentation of the content and elements included therein, and the software necessary for its operation, access and utilization are the property of the Company or, as the case may be, its corresponding licensors. All the elements of the present website are protected by industrial and intellectual property rights that must be respected by the User.

The reproduction, copying, distribution, public communication, transformation or, in general, any use of the protected elements of this website without the Company’s prior written consent is expressly and totally prohibited.

We reserve all the industrial and intellectual property rights that are not expressly granted or indicated in these Terms of Use and that correspond to us in accordance with the currently applicable laws and regulations.

The access and use of this website does not imply in any way the transfer to the User and/or customer of the intellectual or industrial property rights of the Company, nor does the granting of a license or authorization to reproduce and/or distribute the website and/or its elements.

The Company reserves the right to take as many legal actions against users who infringe on their intellectual and industrial property rights in any way.

Privacy

The Company is firmly committed to the privacy of Users and customers. The personal data that you provide us as necessary to complete to provide the services, as well as those obtained from the navigation and/or use of this website, will be processed as stated in our Privacy and Cookie Policy.

The Company has adopted the appropriate technical and organizational measures to guarantee the confidentiality, integrity, availability, and security of the personal data processed.

Jurisdiction and Applicable Laws

These Terms of Use shall be governed by and construed in accordance with the currently applicable UE laws and regulations.

In the event that any discrepancy arises in connection with the interpretation or application of these Terms of Use, the applicable jurisdiction to solve the matter, will be the competent one determined by the applicable laws and regulations.

The non-exercise by the Company of any right provided or derived from these Terms of Use shall not be construed, under any circumstances, as a waiver of said right, unless expressly and in writing renounced by the Company or by the legal prescription of the action, according to the applicable current law or regulation.

The nullity, total or partial, of any of the provisions of these Terms of Use, will not affect the validity of the other provisions.

Legal

Terms and Conditions

Effective date: April 14, 2026

General

The present website chatday.ai (hereinafter, the/our “Website”) is owned and operated by LUXOR GLOBAL TECH LLC, a private company holding TAX ID number 93-3985569, and its registered office at 777 Brickell Avenue, Suite 550, Miami, FL 33131 and contact email: info@chatday.ai Hereinafter, referred to as, the/this/our “Website”, “we” or “the/our Company”.

These Terms and Conditions explain the conditions of access to the services offered on this Website, to which the User is automatically linked at the time of creating an account herein. By clicking the “Sign Up” button, the User clearly states that he/she has read, understood, and agreed to be bound by these Terms and Conditions.

The creation of an account unrelated to the selection of a subscription plan, does not give place to any payment by the user.

The confirmation of payment for the subscription plan to the services offered through this Website automatically confers the User the status of Customer. Hereinafter, therefore, the User who, after creating an account, has chosen the subscription plan will be referred to as “Customer”.

The Company reserves the right to run special subscription promotions, offers, discounts and/or contests, which may be offered to Customers at the Company's discretion, the particular conditions of which will be announced at the time of their offer to the Customer, which need not be linked to these Terms and Conditions. The Customer is advised to read such terms and conditions before accepting and/or participating.

The Company reserves the right to update these Terms and Conditions, in accordance with new legislative and/or jurisprudential requirements and/or business needs or interests, at any time and without prior notice to the User and/or the Customer. The updated version of these Terms and Conditions will be effective immediately, as soon as they are published on this Website.

These Terms and Conditions are permanently available on the present Website so that you can consult them at all times.

For any doubts or questions related to these Terms and Conditions you can contact us through our Customer Service: info@chatday.ai.

Description of Services

CHATDAY AI is a SaaS platform (“All-in-One-AI Platform”) that unifies access to multiple artificial intelligence (AI) models that uses Large Language Models (LLM) technology to generate responses based on previous data and examples, capable of answering user questions in a conversational format that will include the following commands. The Company makes available to Users who meet the conditions described in these Terms and Conditions a chat powered by AI capable of interacting in real time with the Users (the “Services”). The following features are part of the Services:

• Multi-model AI Chat: Conversational interface that allows switching between ChatGPT, Claude Sonnet, Grok, Gemini, etc., while maintaining context.
• AI Image Studio: Image generator and editor. Includes sensitive tools such as AI ID Photos (passport/ID photos), Face Consistency, and Watermark Remover.
• AI Web Search: Search engine connected to the internet for real-time queries.
• Tools & Dashboard: Pre-configured tools (Translator, Chat with PDF, Text Humanizer, AI Detector, Code Corrector).

CHATDAY AI uses OpenAI, Google Gemini, Anthropic Claude, DeepSeek, Qwen, Kimi, xAI Grok, Flux, and Perplexity technologies under license. By using our Website, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website. This license is subject to the terms and conditions set forth in these Terms and Conditions.

Disclaimer:

CHATDAY AI is not affiliated with OpenAI, Google, Anthropic, DeepSeek, xAI, Flux, Perplexity, or any other providers of large language models (LLMs). Instead, we utilize their official APIs to deliver the technology under an official service agreement with these companies.

The User is informed, understands and agrees that:

• The responses provided may not always be accurate or reliable. The User uses the Website at their own risk and are responsible for evaluating the accuracy and usefulness of the information provided by the Website;
• Our technology uses User input to generate responses so we do not recommend entering confidential or personal information of the User or third parties;
• The Website can only process text messages, so the User cannot give any other input than text;
• The chat messages are stored in the User's device and can be seen by the User while using the Website. Therefore, the Company will not be held responsible for (including but not limited to): (i) the content of the messages sent by the User, (ii) the inappropriate storage in the User's device of information, messages and/or its storage without authorization for collection, processing and communication; (iii) the loss or theft of the User's device; (iv) security incidents the User may suffer; (v) not being able to see the messages sent by the User while using the Website, and in such an event to resend such information to the User.

Please refer to the Limitation of Liability section of these Terms of Service for further information regarding the Company's responsibilities.

Please be aware:

The Company reserves the right to update features and/or functionalities of the Website at any time. Please refer to the Availability, Continuity, and Updates section of these Terms and Conditions.

Code of conduct

The User agrees to use the Website lawfully and ethically, in accordance with applicable laws and the appropriate practises, including, but not limited to, the provisions set forth below:

• Any unauthorized use of the Website is expressly prohibited.
• Not to impersonate another individual. The User can only include personal data corresponding to their own identity that are adequate, pertinent, updated, exact and true.
• Not to use the Website or any information within it for illegal, deceptive, fraudulent, offensive, obscene, defamatory, privacy-invasive, or copyright-infringing activities or purposes, violate any laws in your jurisdiction, the User will comply with all the applicable laws, rules and regulations;
• Not to use it to defame, harass, threaten or harm third parties;
• Not to take any action that interferes or prevents the proper functioning and/or that may affect the availability, security and/or integrity of the Website;
• Not to interfere or disrupt networks connected to the Website services, including but not limited to inserting and/or executing expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of the Website, especially its source code. Likewise, the User agrees to not reverse engineer the software to discover the Website's source code and/or to scrape or extract technical data from our Website;
• Not to transfer the license granted to download, access and use the Website and/or any of the User's rights or obligations under these Terms of Service without the express written consent of the Company.
• Not to breach the Company's intellectual property rights, including but not limited to, using, modifying, creating derivative works of, transferring (by sale, resale, license, sublicense, download or otherwise), reproducing, distributing, displaying or disclosing any of the contents of the Website, without prior written authorisation from the Company.

Remarks:

The Company makes no guarantee regarding the User's behaviour and will not be held responsible in this regard. The User is individually and solely responsible for their actions, before the Company and third parties, for damages caused by inappropriate behaviour.

The Company reserves the right to block or eliminate the User's access to the Website for the aforementioned actions, as well as any other that is contrary to good faith that harms the rights of third parties, or that infringes the laws and regulations applicable to the Website and/or the Company.

Moreover, the Company, in its sole discretion, may eliminate access to the Website for a User at any time without stating the reasons behind its decision.

Subscription plans, price and payment

So that the User can appreciate the value of our Website, we offer Users:

• An onboarding process explaining the most relevant features of our Website. The User may explore them with a limited quota of queries to the Website.
• To get full access to the functionalities, the User must purchase a subscription. The Website will display several subscription options from monthly to yearly subscriptions to cater to the diverse needs and preferences of the User.

The following subscription plans are currently offered:

Basic Plan

The main default subscription plan allows the Users/Customers to get full access to the functionalities. The “subscription fee” will be charged to the same payment method indicated by the Users/Customers when hiring this plan, prior to the beginning of each new billing cycle.

• Monthly Subscription
• 3 Month Subscription
• Yearly Subscription

Power Creator Plan

An optional, add-on subscription that is purchased separately from and in addition to the default Basic Plan subscription; by subscribing to the Power Creator Plan, the user maintains their Basic Plan subscription while activating this parallel add-on, which increases applicable usage limits and quotas, including (as relevant) higher allowances for generations, credit usage, image generation, and chat usage, effectively providing approximately double the available capacity compared to the Basic Plan, subject to the limits and conditions set out in these Terms.

Extended Usage Plan

In addition to the offered subscription plans, User/Customer may purchase an Extended Usage Plan. Extended Usage Plan is not a subscription and does not renew; instead, it consists of three independent one-time purchase options intended for users who have used most or all of their available usage/credits in their current billing cycle and wish to temporarily top up their credits quickly.

• 1 month Extended Usage Plan
• 3 months Extended Usage Plan
• 6 months Extended Usage Plan

The prices for the subscription plans are listed on our pricing page and are confirmed during the checkout process. The final price may vary depending on the User's geographical location and will be presented in the applicable local currency before payment is confirmed. The price displayed at the time of purchase is the final and binding price. All prices are considered net amounts, and any applicable taxes (such as VAT or others) will be added to the final amount and itemized in the payment summary.

For all subscriptions, recurring charges will be made for the same amount and in the same currency as the initial transaction, unless the User is notified of a price change in accordance with these Terms.

Remarks:

By subscribing to a plan, the User acknowledges and accepts the price and receipt of an automatic and recurring billing charge based on the chosen option.

The Company reserves the right to update the types, conditions and price of the subscription plans offered, at any time, depending on its business objectives, strategy and needs, without prior notice to Users. Changes will be effective when published on the Website.

If recurring billing cannot be processed correctly, the Company reserves the right to either interrupt and/or block the User's access to the functionalities without previous notice. Therefore, the User shall ensure that its payment method is active and/or it has sufficient funds for charging the subscription price.

Subscription plans provide access to AI-powered features under a fair use policy. We do not guarantee a fixed number of generated words, images or outputs, and usage limits may be adjusted from time to time based on operational and cost considerations.

Unsubscribe

Users who wish to cancel the Services must do so expressly, to avoid being charged recurrences.

Canceling your subscription means that the automatic renewal will be disabled, but you will still have access to all your subscription features for the remaining time of your then-current period.

If you purchased a subscription or enabled free trial on our website, subscriptions are managed by you. You may cancel your subscription purchased on our Website by contacting us via email: info@chatday.ai or our “Contact Us” form available on your profile.

To avoid being charged for your next billing period, cancel your subscription at least 72 hours before your next billing date. Subscription fees are non-refundable.

Withdrawal Right

In accordance with applicable laws and regulations, the User/Customer is hereby informed and acknowledges that the right of withdrawal does not apply to the Services provided through the Website, as they consist of digital services supplied electronically and performed immediately upon the User's request.

By registering and using the Services, the User/Customer expressly consents to the immediate commencement of the digital service during the withdrawal period and acknowledges that, once the performance of the service has begun, the right of withdrawal is waived to the extent permitted by applicable law.

Refund Policy

Notwithstanding the information contained in section “Withdrawal Right”, and in addition to any refund rights available under applicable laws, after a thorough revision of your particular situation by our Customer Service Team, We might consider you eligible for a refund if you meet the criteria below.

Refund Window

Request your refund within 30 days of purchase and before your subscription expires.

Usage Limits

Refunds will be available only if you have used less than 20 messages. If you have consumed over 20 messages during the then current billing cycle, the service is considered fully provided and you will no longer be eligible for a refund, including any partial refund.

Partial Refunds

In certain specific cases and exclusively for users who have used fewer than 20 messages, the Company may, at its sole and absolute discretion, issue a full or partial refund based on the user's actual use of the platform during the current billing cycle. Refunds are exceptional, not guaranteed, and will be granted only at the Company's discretion.

How to Apply

You can request a refund by either submitting our online support form or emailing info@chatday.ai from the same address you used to make your purchase, including:

• Your Order Number (from your confirmation email)
• A brief explanation of why you're requesting a refund

We will review your request and notify you by email within 72 hours of receipt.

If approved, your refund will be processed and credited to your original payment method within 10 days of approval.

Exclusions

Refunds will not be issued for the following:

• Refund requests made over 30 days after the purchase
• Refund requests made once Customer has used 20 messages or more during the current billing cycle.
• Subscriptions already expired
• Subscription renewals or subsequent billing cycles
• There is reasonable evidence suggesting fraudulent or abusive behavior
• Change of mind
• Disliking the product without evidence of technical issues that prevent its use

We are dedicated to providing the highest quality product on the market. If you are not completely satisfied with your purchase, we value your feedback as it helps us to continually enhance our offerings.

Chargebacks / Disputes

If, at any time, you initiate a chargeback or otherwise reverse any payment of applicable subscription fees in your account, we may disable or terminate your account immediately at our sole discretion for the breach of your payment obligations hereunder. We reserve the right to dispute any chargeback received, including by providing the relevant financial institution with any information proving that the payment in question was authorized by the user responsible for such chargeback.

Merchant of Record

Please be informed that the payments made through the present website as well as applicable other recurring payments can be managed, indistinctly, for the following Merchants of Record:

• Luxor Global Tech LLC, a private company with tax code 93-3985569 with registered office at 777 Brickell Avenue, Suite 550, Miami, FL 33131.
• Tucantela SL, a private company with tax code B66672593 with registered office at Av Josep Terradelles, 38, 08029, Barcelona
• Talent Advisers Services SL, a private company with tax code B67533372 with registered office at Carrer del General Palafox, 8, Bajos 08860 Castelldefels (Barcelona)

All Merchants of Record may make and manage the collection of the total costs of the subscription plan chosen by the User and, when appropriate, will approve and issue refunds expressly requested by the Users with the support of their payment services providers.

Please note that the User's payment information is transmitted directly, via a secure connection, to information systems of the payment services providers. Therefore, we do not have access to, nor store, the User's complete payment card data. All our payment services providers have put in place the maximum measures to ensure the reliability and security of communications and interactions between the Users of the present website and their payment gateways.

Furthermore, the Company will issue an invoice for the charges made, when requested by the User. In this regard, The User expressly authorizes the Company to send the invoice in electronic format, although it is possible to indicate to our Customer Service if you wish to receive a paper invoice, in which case we will send it in this format to the postal address you will provide. Moreover, the User can contact both our merchant of records to request and obtain an invoice.

Please be informed that the Company reserves the right to collaborate with other third parties to collect the costs of the subscription plan.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Service and all the elements contained within this Website, including but not limited to, all source code, databases, functionality, software, website designs, audio, video, texts, articles, descriptions, images, photographs and graphics, logos, sounds, videos (the “Content”), trademarks, service marks, brands, logos, interactive features or any other element, its structure and design, the selection and presentation of the content and elements included therein, and the software necessary for its operation, access and utilization are the property of the Company and/or the partners of the Company with whom we have submitted the corresponding licenses. This is made explicit via the copyright notice in the Website.

The download and use of the Website does not, under any circumstance, transfer to the User any Company's intellectual property rights from the Website. The User is only granted access with a worldwide, limited, non-exclusive, non-assignable, non-sublicensable, revocable license to access the Services and download and use the Website solely for your personal, non-commercial use or internal business purpose. However, such a license does not give the User the right to the following activities (the “Prohibited Activities”):

• Copy, reproduce, aggregate, republish, upload, post, distribute, publicly communicate or display, encode, translate, transmit, distribute, sell, license, transform or, in general, make use or exploit any of the protected elements of this Website for commercial purposes or not, without the Company's prior written consent. Any of the aforementioned actions are expressly and totally forbidden and will cause the termination of the license granted to the User.
• Use of the features and functionalities offered by the Website for purposes other than those outlined in these Terms of Service.
• Insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of this Website, especially its source code.
• Transmit any material that may infringe the intellectual property rights of third parties.
• Send unsolicited information and/or advertisements through the Website.

Notes:

The Company reserves all intellectual property rights that are not expressly indicated in these Terms of Service under current applicable laws and regulations.

The Company reserves the right to take all legal actions at our disposal if our intellectual property rights are infringed, including compensation for direct and indirect damages.

Limitation of Liability

The User acknowledges that the Website utilizes an Open AI license to provide its Services. The User acknowledges and agrees that the use of the Website and any outcomes or results obtained are solely the User's responsibility.

To the maximum extent permitted by the applicable law, the Company shall not be liable for any direct or indirect, incidental, special, or consequential damages arising from the use or inability to use the Website. The Website and the Services are provided on an “as is” basis without any warranties, either expressly or implied in connection with the Services and your use thereof, including but not limited to, guarantees of fitness for a particular purpose; no warranties or representations about the accuracy or completeness of the Service's content or the content of any websites or applications linked to the Services and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials.

The Company shall not assume any liability for the cases described below (by way of example but not limited to):

Modifications and interruptions

The Company reserves the right to change, modify or remove the contents of the Website at any time for any reason at its sole discretion, without prior notice. The Company also reserves the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Services.

The Company makes its best efforts to ensure the availability and safe usage of the Website. However, the use of the Website may be promptly interrupted by maintenance tasks and/or the upload of updates of its features and/or functionalities. Also, we cannot guarantee that the Website will be maintained without interruptions, delays, errors or omissions for reasons beyond our control, as well as for possible damages that may be caused by third parties through illegitimate intrusion beyond our control.

Neither the Company nor its partners, suppliers, employees or representatives will consequently be liable for any error or omission on the Website and/or any damage resulting from your access to and use of the Services, including any unauthorized access to or use of our secure servers or any errors in any content and materials as a result of the use of any content posted if the content and information provided by the Website is used by a User or a third party for unlawful purposes and/or to cause damage to third parties or the Company's reputation, rights or legitimate interests.

Use of the License by the User

The Company will not assume any responsibility when/if/for (by way of example but not limited to):

• The information and/or data entered by the User to enable the AI to create what the User requests.
• The accuracy, reliability or continuous availability of the Website. The Users use the Website at their own risk and are responsible for evaluating the accuracy and usefulness of the information provided by the Website.
• The User has caused damage, direct and/or indirect, to third parties by using the personal data of another person, or their own personal data when they are false, erroneous, outdated, inadequate or irrelevant.
• The correct functioning of the Website at the time of usage for circumstances beyond the Company's control.
• The misuse or malfunction of the User's devices used to access the Website, as it is the User's responsibility to ensure the proper functioning and security of their devices.
• The User breaches their commitments and/or any other provision set out in these Terms of Service.

Disclaimer:

The availability of the artificial intelligence models used in the Website/App depends on the third-party infrastructure services. We do not guarantee that any specific AI model will be available at all times, and model availability may be subject to interruptions, changes or substitutions without prior notice.

Data Protection

We care about your privacy and security, and we want to ensure that you understand and agree to our Privacy and Cookie Policy.

By using this Website, you acknowledge and consent to the collection and processing of your personal data to provide the Services offered according to the content of this Terms and Conditions. The Company has implemented appropriate technical and organizational measures to guarantee the confidentiality and security of the User's personal data. There is a risk of interception or unauthorized access to data transmitted through the Website. Therefore we advise you to exercise caution and discretion when sharing sensitive or confidential information.

Term and Termination

These legal terms shall remain in full force and effect while you use the Website Services. The Company reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person without stating reasons.

Applicable law and jurisdiction

These Terms and Conditions shall be governed and construed in accordance with the laws of Spain. Any dispute arising out of these Terms and Conditions shall be subject to the exclusive jurisdiction of the competent courts of Barcelona, Spain.

The non-exercise by the Company of any right provided or derived from these Terms and Conditions shall not be construed under any circumstances as a waiver of those rights. The Company shall only waive its rights expressly and in writing, or by the statute of limitations, in accordance with the currently applicable law.

Contact

Get in touch

For questions, feedback or partnership inquiries, please reach out by email.

Email: info@chatday.ai

Entity: LUXOR GLOBAL TECH LLC