Terms of Service

1. General Provisions and Definitions

1.1. These Terms of Service (hereinafter "Terms") govern the sale of digital products and provision of services (hereinafter "Product") through the web portal gorat.ai operated by Gorat Alpha s.r.o., with registered office at Dlouha 727/39, Stare Mesto, 110 00 Prague 1, Czech Republic, Company ID: 23963085 (hereinafter "Seller" or "Operator").

1.2. These Terms define and specify the rights and obligations of the Seller and the person purchasing products or services (hereinafter "Customer" or "User").

1.3. These Terms constitute an integral part of every Purchase Agreement concluded between the Seller and the Customer through the web portal.

1.4. All legal relationships between the Seller and the Customer not explicitly regulated by these Terms are governed by the applicable laws of the Czech Republic, in particular the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (Act No. 634/1992 Coll.).

1.5. These Terms are publicly available on the Seller's website and are binding for all Product sales made through the Gorat.ai web portal.

1.6. In accordance with the DSA (Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services), a single point of contact email is established at: info@gorat.ai.

1.7. The Seller declares that it does not modify or change the content of data uploaded by the Customer.

Key Definitions:

• Product/Application - Gorat.ai is a software application for AI content generation (images, videos, text) that integrates third-party AI services. The Product is owned by the Seller.
• User Account - Customer's account in the Product with personal access credentials, which the Customer is required to create to use the Product.
• Subscription - recurring payment (monthly or yearly) that grants Customer access to the full Product and allocates Credits.
• Top-up - one-time Credit purchase without recurring payments.
• Credits - virtual units allocated to the Customer depending on the chosen Subscription type or Top-up. Used for Product features and deducted based on request complexity. Credits are not exchangeable for money and do not constitute Customer's property rights.
• Purchase Agreement/Agreement - agreement between the Seller and Customer obligating the Seller to provide Product access and the Customer to make related payments.
• Trial Period - period during which the User has free access to the application.
• FEFO (First-Expire-First-Out) - credit allocation system where credits with the nearest expiration date are always used first.

1.8. The Gorat.ai Product enables Customers to access generative AI models and other AI services operated by third parties through a unified user interface. The Seller explicitly states that it does not create the content generated by these models itself, but provides a platform that facilitates technical access to third-party services.

2. Registration, Order, and Purchase Agreement

2.1. The Seller's website provides detailed information about offered Products, including their main features and price including VAT.

2.2. Before concluding a Purchase Agreement, the Customer must register on gorat.ai, thereby fulfilling the obligation to create a User Account and gaining access to the Application. Registration is possible through:

• Google account sign-in
• Email and password registration
• Phone number verification (SMS code)

2.3. The minimum age for Customer registration is 18 years. The Customer is required to provide accurate and complete information. The Customer must not share access credentials or grant account access to anyone and is fully responsible for activities resulting from non-compliance. Each Customer may have only one account.

2.4. Full Product use requires payment of the appropriate Subscription or Top-up through the payment gateway. Subscription is automatically charged at intervals corresponding to the Subscription type (monthly or yearly).

2.5. The contractual relationship between the Seller and Customer is established when the Customer submits an order through the Seller's web portal and completes payment. The Seller considers the order information to be accurate.

2.6. The Customer agrees to the use of remote communication means when entering the contractual relationship. The Agreement is concluded in the Czech language.

2.7. The Seller undertakes to deliver the ordered Product to the Customer (by crediting Credits to the user account) and the Customer undertakes to pay the agreed purchase price.

3. Subscription, Trial Period, and Changes

3.1 Trial Period

After registration, the Customer may use a trial period as specified in the current offer. If the Customer cancels the Subscription during the Trial Period, no Subscription payment will be charged. Early termination of the Trial Period results in immediate loss of full Product access.

3.2 Automatic Renewal

Subscription is automatically charged to the Customer's payment card on the date when the previous paid Subscription period ends. The Customer acknowledges and agrees that in case of failed payment, the payment attempt may be repeated.

3.3 Subscription Cancellation

If the Customer cancels the Subscription during a paid period, the Customer loses full Product access when the paid Subscription period ends. The Customer may fully use the Product for the remainder of the already paid period, and the Seller does not refund the proportional part of the Subscription from the cancellation moment to the end of the paid period.

3.4 Subscription Changes (Upgrade/Downgrade)

If the Customer changes the Subscription during an already paid period:

• Upgrade (more expensive tier): The Customer pays the proportional price difference between current and new packages for the remaining period. New features are activated immediately after payment.
• Downgrade (less expensive tier): The Customer may use current Subscription features until the end of the paid period. After it ends, the Subscription is automatically converted to the newly chosen type.

4. Credit System and Payments

4.1 Prepaid Credit Model

The service operates on a prepaid credits basis. Each AI generation consumes credits based on task complexity (model, resolution, video length, number of steps).

4.2 Ways to Obtain Credits

• Subscription - recurring payment for regular credit allocation with 3-month validity
• One-time Top-up - credit purchase with 12-month validity
• Refunded Credits - upon generation failure with 12-month validity

4.3 FEFO Allocation System

Credits are consumed according to FEFO (First-Expire-First-Out) rule: credits with the nearest expiration date are always used first.

4.4 Credit Expiration

The Customer acknowledges that unused credits do not roll over to the next billing period beyond the specified validity. They expire without compensation after the validity period ends. Expired credits cannot be refunded or restored.

4.5 Immediate Credit Deduction

When AI generation starts, credits are immediately deducted. If the task fails, credits are automatically refunded. This ensures a zero overage policy - you never spend more credits than you have.

4.6 Payment Processing

All payments are processed through a secure payment gateway. Data entered into the payment gateway (card number, name, password, etc.) is entered directly into an encryption-secured system and the Seller has no access to it.

4.7 Price Changes

The Seller reserves the right to change Subscription prices. Current pricing is available on the website. New pricing applies to the Customer from the first Subscription period following the already paid Subscription.

5. Service Usage and AI Generation

5.1 Product Features

The Product offers AI content generation including images, videos, text, and other creative outputs through various AI models.

5.2 Third Parties - AI Service Providers

AI generation is provided by third-party AI service providers. The Seller explicitly states that it does not create the content generated by these models itself, but provides a platform facilitating technical access to third-party services.

5.3 Responsibility for AI Outputs

The Customer acknowledges and agrees to the following:

• Outputs may not always be accurate. The Customer should not rely on these outputs as the sole source of verified information or as a substitute for professional consultation.
• Before any use or sharing of output, the Customer must assess the accuracy and suitability of the output for their specific needs.
• The Customer must not use any outputs relating to any person for purposes that could have legal or material impact on that person (credit decisions, employment, insurance, legal or medical decisions).
• The Product may provide outputs that may be incomplete, inaccurate, or potentially offensive and may not reflect the Seller's views.
• The Customer agrees not to represent that Product output was created by a human when it was not.

5.4 Output Storage

Generated images and videos are permanently stored on cloud storage and accessible via public domain. Files do not expire and you can access them anytime.

5.5 Prohibited Use

The Customer agrees to use the Product in compliance with all applicable laws and these Terms. We prohibit generating content that:

• Violates third-party rights (copyrights, trademarks)
• Contains illegal, obscene, offensive, or hateful content
• Depicts minors in inappropriate situations
• Is used for fraud, phishing, or deception
• Abuses the system (spam, automated attacks)

The Customer also agrees not to engage in any activity aimed at disrupting, manipulating, or circumventing security features and protective measures, including exceeding Subscription limits.

Violation of these rules may result in immediate account termination without credit refund.

6. Copyright Protection

6.1. The Product is the intellectual property of the Seller.

6.2. Nothing in these Terms may be interpreted as assignment or granting of a license, sublicense, or other usage rights under copyright law (Act No. 121/2000 Coll.). The Customer is authorized to use the Product and related services but is not authorized to reproduce, download, install, or distribute these software solutions. The Customer is not authorized to integrate the Product into other software without the Seller's written consent.

6.3. Entering into the Purchase Agreement does not grant the Customer any rights to trademarks or other industrial property rights owned by the Seller or third parties.

6.4. Access credentials to digital Products are intended exclusively for the Customer's personal use. The Customer must maintain confidentiality of these access credentials and must not share them with third parties.

6.5 Ownership of Generated Content

Generated images and videos are yours. We provide you with a full commercial license to use outputs as you see fit, including sale, distribution, and modification.

6.6 Ownership of Input Data

You confirm that you own or have rights to all input images, texts, and other materials you upload to the Service.

6.7 Reviews and References

If the Customer adds a review that could be considered a copyrighted work, by submitting the review, the Customer grants the Seller the right to use this work in original or modified form, without territorial or quantity limitations, in any manner and for any purpose.

The Customer expressly agrees that the Seller is entitled to use the Customer's company name, logo, brand, and general information about the collaboration as a reference on the website, in promotional materials, and on social media for the purpose of promoting its services. The Customer has the right to revoke this consent at any time by sending a request to info@gorat.ai.

7. Termination of Purchase Agreement

7.1 Expiration

The Purchase Agreement terminates upon expiration of the period corresponding to the Subscription length paid by the Customer, unless automatic renewal occurs.

7.2 Termination During Trial Period

The Purchase Agreement terminates when the Customer cancels the Subscription during the trial period.

7.3 Withdrawal from Agreement - Digital Content

The Customer acknowledges that in accordance with Section 1837(l) of Act No. 89/2012 Coll., the Civil Code, the Customer has no right to withdraw from the Agreement for the provision of digital content not delivered on a physical medium if such digital content was delivered with the Customer's prior express consent before the withdrawal period expired.

The Seller hereby expressly informs the Customer that the provision of the online service will begin immediately after the agreement is concluded and payment is made, and the Customer hereby agrees that in such case, the right to withdraw from the agreement is lost.

7.4 Withdrawal by Seller

The Seller reserves the right to unilaterally withdraw from the Agreement if the Customer:

• Materially breaches obligations arising from the Purchase Agreement or Terms
• Materially breaches legal obligations in connection with Product use
• Is in default of payment for more than 30 days past due
• Generates prohibited content or abuses the system

Upon termination due to Terms violation, credits and payments are not refunded. The Seller's right to damages is not affected.

8. Rights and Obligations from Defective Performance, Complaints

8.1. Rights and obligations of the parties regarding liability for defects are governed by applicable generally binding legal regulations.

8.2. The Seller is responsible for ensuring the Product has no defects when received by the Customer. If the Product does not comply with the purchase agreement, the Customer has the right to free correction to a state compliant with the agreement.

8.3. If the Product shows errors, the Customer has the right to proceed according to the Complaint Procedure.

8.4. The Seller handles complaints through the email address info@gorat.ai. Information about complaint resolution will be sent to the Customer's email address.

9. Limitation of Liability

9.1. The Service is provided "as is" without any warranties. The Seller is not responsible for content (its quality, length, or other properties) created by connected third-party AI services.

9.2. The Seller is not liable for:

• Quality or accuracy of content generated by AI models
• Third-party service outages
• Data loss caused by technical problems
• Damages arising from improper use of generated content
• Third-party copyright infringement in AI outputs
• Undelivered email messages due to malfunction, outdatedness, spam filters, etc.

9.3 Force Majeure

The Seller is not liable for Product unavailability caused by circumstances excluding liability. Examples include:

• Strikes organized by third parties
• Terrorist attacks, wars, civil unrest
• Natural disasters (earthquakes, fires, floods)
• Events leading to state of emergency declarations
• Third-party service outages (AI providers, cloud services, payment gateways)

9.4 Maximum Liability

Neither the Seller nor any of its affiliated companies is liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill damage, loss of use, or loss of data.

Maximum damages are limited to amounts paid during the 12 months preceding the liability arising.

9.5. The Customer acknowledges and agrees that the Seller is not liable for any financial losses arising from Product operation suspension due to updates or necessary maintenance.

10. Personal Data Protection (GDPR)

10.1. The Seller fully respects the confidential nature of personal data, which is protected and processed in accordance with applicable legal regulations, particularly the GDPR regulation.

10.2. Processing of your personal data is described in detail in our Privacy Policy. We process only data necessary for Service operation.

10.3. Your rights:

• Right to access data
• Right to correct inaccurate data
• Right to erasure ("right to be forgotten")
• Right to data portability
• Right to restrict processing
• Right to lodge a complaint with the supervisory authority

11. Dispute Resolution

11.1. These Terms are governed by the laws of the Czech Republic. Any disputes will be resolved by competent courts of the Czech Republic.

11.2. For out-of-court resolution of consumer disputes from the purchase agreement, the competent body is the Czech Trade Inspection Authority, with registered office at Stepanska 567/15, 120 00 Prague 2, Company ID: 000 20 869, with an online platform available at https://adr.coi.cz/cs.

11.3. The Online Dispute Resolution (ODR) platform under EU Regulation No. 524/2013 is available at http://ec.europa.eu/consumers/odr.

11.4. The contact point for online consumer dispute resolution is the European Consumer Centre Czech Republic, with registered office at Stepanska 567/15, 120 00 Prague 2, website: www.evropskyspotrebitel.cz.

11.5. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

12. Final Provisions

12.1. These Terms of Service come into effect on November 23, 2025.

12.2. The Seller reserves the right to change these Terms of Service at any time. We will notify Customers of significant changes by email at least 30 days in advance. Each new version of the Terms of Service will be available on the Seller's website. By continuing to use the Service after a change, you agree to the new Terms.

12.3. The Customer may not transfer or assign any rights or obligations under these Terms. However, Gorat Alpha s.r.o. is entitled to transfer or assign its rights or obligations to any affiliated company or legal successor.

12.4. The Customer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

12.5. If any provision of these Terms of Service is invalid or ineffective, or becomes so, the provision whose meaning is closest to the invalid provision shall apply instead. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions.

12.6. The Purchase Agreement including Terms of Service is archived by the Seller in electronic form for five years.

12.7. Information pursuant to Section 5a(5) of Act No. 634/1992 Coll.: The Seller has not adopted special measures to ensure that published consumer reviews come only from consumers who have actually used or purchased the Product or service.

13. Contact and Support

For inquiries, technical support, or legal matters, contact us:

• Email: info@gorat.ai
• Address: Gorat Alpha s.r.o., Dlouha 727/39, Stare Mesto, 110 00 Prague 1, Czech Republic
• Company ID: 23963085