Terms and Conditions

These Terms and Conditions govern:

• The use of Qisara, including the website (qisara.com), mobile applications for iOS and Android, and any related services;
• Any legal relationship with Deen Labs GmbH, the owner and operator of Qisara.

By accessing or using Qisara, you confirm that you have read, understood, and agree to these Terms and the Privacy Policy. If you do not agree, you must discontinue use immediately.

1. Definitions

Owner: Refers to Deen Labs GmbH, registered at Propsteistrasse 3, 65795 Hattersheim, Germany. Contact: [email protected] | Phone: +491788931275.

Qisara: Refers to the website (qisara.com), mobile applications for iOS and Android, and any related features or services offered by Deen Labs GmbH.

User: Any individual or entity accessing or using Qisara.

Consumer: A User who is an individual acting outside their trade, business, craft, or profession, as defined by applicable consumer protection laws.

Agreement: The legally binding relationship established by these Terms between the Owner and the User.

App Store: Refers to the Apple App Store or Google Play Store from which Qisara's mobile applications may be downloaded.

2. General Terms of Use

2.1 Eligibility

By accessing or using Qisara, Users confirm that they:

• Are legally capable of entering into binding agreements;
• Are not located in a country subject to trade restrictions or designated as a "terrorist-supporting" country by applicable authorities;
• Are not listed on any government list of prohibited or restricted parties.

2.2 Acceptable Use

Users may not:

• Use Qisara for unlawful or harmful purposes, including distributing malicious software, spamming, or infringing on intellectual property.
• Manipulate, scrape, or extract data from Qisara without prior authorization.
• Misrepresent their identity, impersonate others, or mislead the Owner or other Users.

2.3 Cloudflare Proxying

For security and performance reasons, all traffic between Users and Qisara's services is routed through Cloudflare. This means Cloudflare processes network connection data, including IP addresses and request metadata.

Cloudflare proxying is required for Qisara to function. If you do not agree to this processing, you must refrain from using Qisara's services.

For details on how Cloudflare handles data, see the Cloudflare Privacy Policy.

2.4 Parental Responsibility & Child Use

Qisara is intended for use by parents, guardians, and adult family members. While children may enjoy the stories created using the app, the service is not designed for direct child use without supervision.

Minimum Age Requirement

- Users must be at least 16 years old to create an account or use Qisara independently.
- If a user is under 16, they must have parental or guardian consent to use the app.

Parental Supervision Requirement

By allowing a child under 16 years old to use Qisara, the parent or guardian:

• Takes full responsibility for monitoring their child’s activity.
• Agrees to the processing of child-related personal data (name, age, gender) for story generation.
• Ensures that their child does not input sensitive personal information into the app.

If the parent does not agree to these terms, they should not allow the child to use the app.

Restrictions for Users Under 13 (COPPA Compliance)

- Children under 13 cannot use Qisara unless a parent or guardian provides consent.
- If we discover an underage user using Qisara without parental consent, we will delete the associated data.
- Parents may contact [email protected] for data deletion or restriction requests.

Parental Gate & Payment Restrictions

To ensure compliance with child privacy laws, Qisara includes:

• A Parental Gate that must be completed before generating the first story.
• A Parental Verification Step before purchasing a subscription or premium features.

Legal Compliance by Region

• GDPR-K (EU): Parental consent required for users under 16.
• COPPA (USA): Children under 13 cannot provide data without verified parental consent.
• CCPA (California): Parents may request data deletion for users under 18.
• LGPD (Brazil): Parental consent is required for children under 12.
• Swiss FADP: Parental approval required for users under 16.

If a parent has concerns about data collection, they should contact our support team.

3. Platform-Specific Terms

Web Platform: Users accessing Qisara via the website (qisara.com) must ensure their browser and internet connection meet the technical requirements for functionality.

Mobile Applications:

• License Grant: Users are granted a limited, revocable, non-exclusive, non-transferable license to download, install, and use the Qisara mobile app(s) on their personal devices in compliance with these Terms.
• App Store Terms: Users acknowledge that their use of the Qisara app is also subject to the terms and conditions of the respective App Store from which it was downloaded (e.g., Apple App Store or Google Play Store). App Stores may enforce these Terms as third-party beneficiaries.
• Updates: The Owner may release updates to improve functionality, security, or compatibility. Users are responsible for installing updates. Failure to do so may limit app functionality.
• Permissions: The app may request access to certain device features (e.g., push notifications, storage, or location). Users can manage permissions in their device settings.

4. Content Ownership and Third-Party Processing

All content, trademarks, and intellectual property displayed on Qisara are owned or licensed by Deen Labs GmbH. Unauthorized reproduction, modification, or distribution is strictly prohibited.

Qisara integrates third-party services for essential functions, including:

• Cloudflare: Security and performance optimization.
• RevenueCat: Subscription and payment management.
• Brevo (SendGrid): Email communication services.
• Hetzner: Backend hosting and database storage.

These services process data strictly for app functionality. Users can review their privacy policies for further details.

5. Payment and Pricing

Payments for subscriptions and in-app purchases are processed via third-party providers, including:

• RevenueCat: Manages subscription validation and in-app purchases.
• Apple App Store / Google Play Store: Handles payment processing and billing disputes.

For disputes related to in-app purchases, Users must contact the respective App Store.

5.1 Trial and Subscription Terms

New Users receive access to three (3) free stories as part of their initial testing experience. After accessing these free stories, a paid subscription is required to continue using Qisara's services and access additional content.

Subscription terms and pricing are displayed within the app and may vary by region and platform. All prices are inclusive of applicable taxes unless stated otherwise.

6. User Rights and Obligations

Users have the following rights concerning their data and use of Qisara:

• Access and Portability: Users may request a copy of their stored data.
• Correction: Users may update or rectify incorrect data.
• Deletion: Users may delete their accounts, and all personal data will be removed within 30 days.
• Restrictions: Users may limit how their data is processed.
• Objection: Users may object to data processing in certain cases.

Users can manage non-essential data collection (e.g., analytics) in their settings.

Cloudflare and other essential services cannot be opted out of, as they are required for app security and functionality.

7. Disclaimer of Warranties

Qisara is provided on an "as is" and "as available" basis. The Owner disclaims all warranties, including fitness for a particular purpose and uninterrupted operation.

8. Limitation of Liability

The Owner's liability is limited to the fullest extent permitted by law. Indirect, incidental, or consequential damages, including loss of profits, are excluded unless caused by gross negligence or intent.

9. Termination and Suspension

The Owner reserves the right to suspend or terminate User access to Qisara for violations of these Terms.

10. Amendments

The Owner may update these Terms at any time. Continued use of Qisara signifies acceptance of the updated Terms.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of Germany. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of Frankfurt am Main, Germany.

Users within the European Union, United Kingdom, and other applicable regions may also have rights under their local consumer protection or privacy laws, including GDPR and CCPA.

For any legal concerns, Users should first attempt to resolve the issue by contacting the Owner at [email protected].

12. Contact Information

For inquiries regarding these Terms, contact:

• Deen Labs GmbH
• Propsteistrasse 3, 65795 Hattersheim, Germany
• Email: [email protected]
• Phone: +491788931275

13. Miscellaneous Provisions

Severability, waiver, and assignment clauses apply. Invalid provisions do not affect the enforceability of the remaining Terms.