Terms and Conditions of Service

Last updated: 19.02.2025

1. Introduction and Acceptance of Terms

These Terms of Service ("T.o.S.") govern the use of the website www.plottybot.com and the services provided by Surf Publishing S.r.l. ("Owner"), headquartered in Italy, Via Rignano 17/B, 52011 Bibbiena (AR), VAT ID 02485200519.
By registering or using the Service, you expressly agree to all the conditions set forth herein.
By accessing and using the Service, you confirm that you have read, understood, and fully accepted these terms, including any future updates, which will become binding without the need for further communication.

2. Definition of the Service

PlottyBot is an artificial intelligence-based service for the automated generation of texts, books, and images. The Service consists of the following phases:

Topic selection: The user explores topics of interest.
Draft creation: AI generates a structured content based on an idea or outline provided by the user.
Review and refinement: AI optimizes the content to make it ready for publication.
Export: The book is exported in different formats.

The Service may be updated and supplemented with new features, which will be promptly communicated to users.

3. Cost Calculation and Payment Methods

The cost of the PlottyBot Service is calculated based on the number of words generated. The user will receive a preliminary notification of the applied cost before proceeding with the charge. Payment will be made exclusively via credit card, and the charge will occur upon completion of the book generation process.

4. Duration, Terms, and Termination of the Contract

This contract comes into effect upon user acceptance and will remain in force until termination or cessation of the contractual relationship, as provided in this agreement.
The Owner reserves the right to suspend or immediately terminate the contractual relationship in the event of a violation of these terms, without notice and without any obligation to compensate the user.
The user may terminate the contract at any time by ceasing to use the Service and following the procedures indicated in the personal area of the website.
The obligations and liabilities accrued by the user prior to contract termination will continue to apply even after the contractual relationship ends.
Any payments already made will not be refunded unless expressly stated otherwise by the Owner.

5. Use of the Website and Permitted Conduct

The user agrees to use the website and the Service in compliance with applicable laws and in accordance with the provisions of this agreement, refraining from any conduct that may damage, compromise, or interfere with the proper functioning of the website or the Service.
It is strictly prohibited to:

Use the Service for unlawful, fraudulent, or unauthorized purposes;
Interfere with the security, operation, integrity, or availability of the website and the Service, including cyber attacks, distribution of viruses, or harmful software;
Upload, publish, or distribute content that violates third-party rights, is offensive, defamatory, obscene, violates privacy, or contradicts current regulations;
Send unsolicited messages, spam, or promote commercial activities without authorization.

The Owner reserves the right to monitor and promptly remove any content or activity that violates the above provisions, as well as to suspend or terminate the user's access to the Service in case of repeated violations.

6. Account Management and Security

Registering an account is necessary to access certain services offered by PlottyBot. The user agrees to provide accurate and up-to-date information during registration and to maintain the confidentiality of their credentials (username and password).
The user is fully responsible for all activities carried out with their account. If the user detects or suspects unauthorized access or loses their credentials, they must immediately notify the Owner so that appropriate security measures can be taken to protect the account and the Service.
It is recommended not to disclose or share credentials with third parties and to periodically change the password to ensure a high level of security.
The Owner reserves the right to suspend or close a user's account if violations of these terms regarding management and security are detected, or if the account's use poses a risk to the integrity of the Service.

7. Intellectual Property and Licenses

The content generated by PlottyBot (texts, books, and images) is the exclusive property of the user who creates it.
The User is responsible for ensuring that the generated content does not violate third-party rights, including copyrights, trademarks, image rights, or industrial property rights. The Owner cannot be held liable for such violations.
The user authorizes the Owner to use the generated content, interactions, and provided requests solely for analysis, development, and improvement of the Service and to refine the artificial intelligence training. This data will be processed in aggregated or anonymized form, exclusively for statistical, analytical, and technological development purposes, in full compliance with privacy regulations (GDPR).
The user grants the Owner a non-exclusive, worldwide, and free license necessary exclusively for the provision of the Service and any related promotional activities.
The Owner does not claim any additional ownership rights over the generated content, except as strictly necessary for the effective provision of the Service.

8. Limitation of Liability and Disclaimer of Warranties

The Owner undertakes to constantly monitor the operation of the Service and to implement updates and corrective measures in line with industry best practices and the requirements of the AI Act.
The Owner does not exercise prior control over generated content, does not guarantee the absence of errors, interruptions, or malfunctions, and shall not be liable for damages resulting from the use of the Service.
The Owner does not guarantee that any defects will be corrected promptly.
The Service is provided without any warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, security, or error-free performance.
Under no circumstances shall the Owner be liable for direct, indirect, incidental, consequential, and/or damages resulting from the use, inability, or failure to use the Service, including, but not limited to, data loss, loss of profits, or other economic damages, even if the Owner has been informed of the possibility of such damages.
The user acknowledges that, due to the inherently probabilistic nature of artificial intelligence processes, the Service may produce results that are not always accurate, complete, or consistent with expectations.
The user is responsible for independently verifying the correctness, completeness, and appropriateness of the generated content.
It is the sole responsibility of the User to ensure the legality of the generated content, particularly concerning:

Compliance with copyright regulations (Law 633/1941);
Compliance with personal data protection regulations (EU Regulation 2016/679);
Absence of defamatory, discriminatory, or rights-violating content.

The User expressly releases the Owner from any liability for damages, claims, or disputes arising from the commercial or public use of the generated content.

9. Risk Management Measures and Human Oversight

The Owner undertakes to conduct periodic risk assessments related to the use of the Service to identify and mitigate potential risks associated with the use of artificial intelligence.
If the Service is classified as high-risk under the AI Act, the Owner will implement additional control and oversight measures, including periodic audits and direct human supervision, to ensure security, transparency, and respect for users' fundamental rights.

10. Copyright Infringement Reporting

The Owner respects intellectual property rights and is committed to diligently handling any reports of alleged copyright infringements.
If a rights holder or their representative believes that any content on Plottybot violates their rights, they must send a notice to the Owner containing the following information:

The complainant's identifying details and contact information;
A detailed description of the copyrighted work allegedly infringed;
Precise identification of the content claimed to be infringing (e.g., URL or other indications to locate it);
A statement in which the complainant, under their own responsibility, affirms their reasonable belief that the use of the disputed content is not authorized by the rights holder, their agents, or the law;
A statement, under penalty of perjury, that the information provided is accurate and that the complainant is the rights holder or authorized to act on their behalf.

The Owner will review the report and, if deemed valid, will remove or disable access to the disputed content.
This procedure shall be interpreted in accordance with Italian copyright law and applicable European directives.

11. List of Prohibited Content

It is expressly forbidden to use the Service to generate, transmit, store, publish, or distribute content that:

incites hatred, violence, or discrimination based on gender, race, ethnicity, sexual orientation, religion, or other legally protected characteristics;
is pornographic, involving child pornography, or otherwise violates human dignity;
promotes or facilitates illegal, fraudulent, or harmful activities to third parties (e.g., violence, weapons, drugs);
encourages fraud, the spread of malware or phishing, cyberattacks, or incitement to violence against entities, institutions, or individuals, as well as any material intended to compromise security or damage the reputation of individuals or legal entities.

The Owner reserves the right to immediately remove, without notice, any content that violates this section or applicable laws.

12. Data Processing and Privacy

The Owner processes users' personal data in accordance with Regulation (EU) 2016/679 (GDPR) and applicable Italian laws.
For further details on personal data processing, users are invited to review our Privacy Policy, available on the website.

13. Amendments to the Terms and Communications

The Owner reserves the right to modify or update these terms at any time.
Substantial changes will be communicated to registered users via email at least 15 days before they take effect. If the user does not accept the new terms, they may terminate the contract without penalty by notifying their intention within the specified period.
The Owner undertakes to continuously monitor regulatory developments concerning artificial intelligence, particularly in relation to the AI Act, and to assess whether the Service should be classified as high-risk.
If stricter regulatory requirements or substantial legal framework changes arise, the Owner commits to promptly updating these Terms and Conditions and implementing all necessary corrective measures to ensure full compliance with the new regulations, informing users in advance of any changes made.

14. Severability Clause

If any provision of these terms is deemed invalid or unenforceable, the remaining provisions shall remain fully valid and effective.

15. Governing Law and Jurisdiction

These terms are governed by Italian law.
For consumers residing in the EU, any disputes will be resolved by the competent court based on the user’s residence; for all others, the competent court will be that of the Owner’s registered office.

16. Indemnification Clause

The user agrees to indemnify and hold the Owner harmless from any liability arising from:

Misuse of the Service;
Violation of these terms;
Claims or legal actions resulting from user-generated content or improper use of the Service.

This clause also applies to legal actions brought by third parties and remains valid even after the termination of the contractual relationship.

17. Refund Policy

In the event of malfunctions attributable to the Service, defined as prolonged outages or other technical issues not caused by force majeure, the Owner commits to restoring the Service within 72 hours of the report.
If the restoration does not occur within the specified timeframe, the user may request compensation in the form of credit, usable for future purchases or services offered by Plottybot.
Refunds will not be provided for generation errors or inappropriate content produced by artificial intelligence, as the user is responsible for independently verifying the compliance, legality, and accuracy of the generated content.

18. Contact and Support Information

For any information requests, reports, or assistance, the user may contact the Owner via:

Email: info@plottybot.com
Postal address: Surf Publishing S.r.l., Via Rignano 17/B, 52011 Bibbiena (AR), Italy

19. Access and Use Restricted to Adults

Access to and use of Plottybot are strictly reserved for individuals who have reached the age of eighteen. By using the Service, the user declares and warrants that they are of legal age.
If the Owner has reasonable grounds to believe that a user has not reached the age of majority, they reserve the right to suspend or immediately terminate access to the Service without prior notice and without incurring any liability.