TERMS OF SERVICE (TOS) - BREWED CHAT
Last Updated: April 4, 2025
Preamble
These Terms of Service (hereinafter “TOS”) govern the access and use of the “Brewed Chat” service (hereinafter the “Service”), accessible in particular through the website https://brewed.chat, offered by Mr. Tom SORABELLA, operating as a micro-entrepreneur (hereinafter “Brewed Chat”). The use of the Service implies the full acceptance of these TOS by the user (hereinafter “the User”).
Article 1 - Legal Notices
Article 2 - Purpose
These TOS aim to define the terms and conditions under which the user is authorized to access and use the Service offered by Brewed Chat.
Article 3 - Definitions
Article 4 - Access and Registration to the Service
4.1. Access to and use of the Service require prior creation of an Account by the User.
4.2. Upon registration, the User agrees to provide accurate and up-to-date information, including a valid email address, a username, and a password.
4.3. The User is solely responsible for the confidentiality of their password and the use of their Account. Any connection or use of the Service made with the User's credentials will be presumed to have been made by that User.
4.4. Brewed Chat does not implement any active age verification procedure. The User declares to be of legal age or have the necessary legal permission to use the Service. Use of the Service by minors without parental or legal guardian authorization is prohibited.
4.5. The User may request the deletion of their Account at any time by sending an email to [email protected]. Deleting the Account results in the permanent loss of associated data, including conversation history not previously deleted by the User and any remaining Credits, with no possibility of refund.
Article 5 - Description of the Service
5.1. The Service provides a centralized interface allowing the User to select, configure (via “settings”), and interact with various AI models offered by third-party AI Providers (OpenAI, Anthropic, Google, Mistral AI, X Ai, list may evolve).
5.2. The Service is designed to assist in writing, provide information, offer entertainment, and assist in software development.
5.3. The use of the Service is based on a Credit system, consumed according to the use of different AIs.
Article 6 - Financial Conditions
6.1. Freemium Offer: A limited trial offer may be provided, including a small amount of Credits (for example, €0.10 of Credits) and potentially restricted access to certain AIs or features.
6.2. Purchase of Credits: The User may purchase Credit packs at the rates indicated on the site (examples given for informational purposes: €3 of Credits for €7.99, €5 for €9.99, €10 for €14.99, €25 for €29.99). The applicable rates are those displayed on the site at the time of purchase.
6.3. "Pay as you go" Option: A pay-per-use option may be offered, with a base rate (e.g., €5). The precise terms are detailed on the site. This option may allow the User to provide their own API keys from the AI Providers, under their sole responsibility.
6.4. Payment: Payments are managed by a third-party payment service provider (Stripe). The general conditions of this provider apply to transactions. Brewed Chat does not store complete credit card information.
6.5. No Refunds: Except as required by mandatory legal provisions (notably regarding the right of withdrawal for consumers in applicable cases, which is unlikely for immediately consumable credits), purchased Credits are non-refundable, including in case of non-use, termination of the Account by the User or Brewed Chat for breach.
6.6. Expiration of Credits: Brewed Chat reserves the right to define a validity period for purchased or offered Credits. If applicable, this duration will be specified at the time of purchase or allocation.
Article 7 - User Obligations
7.1. The User agrees to use the Service in accordance with these TOS, applicable laws and regulations, and in respect of the rights of third parties.
7.2. The User agrees to use the Service for lawful personal and/or professional purposes.
7.3. It is strictly prohibited to use the Service to:
Generate, store, or distribute User Content or AI Generated Content that is illegal, dangerous, threatening, abusive, defamatory, hateful, discriminatory, pornographic, or infringing on privacy or the rights of third parties.
Send spam or engage in unwanted solicitation activities.
Attempt to exploit the APIs of the AI Providers or the Service abusively (excessive rate limits, malicious requests).
Engage in "scraping," data mining, or any attempt to automatically extract data from the Service or responses from AIs without permission.
Attempt to reverse engineer, decompile, or disassemble the Service or the underlying AI models.
Share their Account credentials with third parties or allow third parties to use their Account.
Permit the use of the Service by minors without the prior authorization and supervision of a parent or legal guardian.
Impersonate another person or entity.
7.4. The User is solely responsible for the User Content submitted to the Service.
Article 8 - Content and Intellectual Property
8.1. Intellectual Property of the Service: Brewed Chat (Tom Sorabella) holds all intellectual property rights related to the Service itself, including but not limited to: source code, structure, design, databases, texts (excluding User Content and AI Generated Content), images, logos, and the “Brewed Chat” brand. Any reproduction or representation, in whole or in part, of the Service without the express permission of Brewed Chat is prohibited.
8.2. User Content (Prompts): The User retains full ownership of their User Content (prompts). By submitting User Content to the Service, the User grants Brewed Chat a global, non-exclusive, free, and limited license, for the duration necessary to provide the Service, to host, process, use, and transmit such content to third-party AI Providers solely for the purpose of generating the requested AI Generated Content and operating the Service.
8.3. Storage of Conversations: Conversations (User Content and associated AI Generated Content) are stored on Brewed Chat servers to allow the User to access them later. The User can delete their conversations from their interface. Conversations are retained until deleted by the User or until their Account is deleted.
8.4. Transmission to AI Providers: In order to operate, the Service necessarily transmits User Content (prompts) to the AI Providers selected by the User. Brewed Chat strives to carry out these transmissions using its own API keys from the providers, thus seeking to anonymize the request from the final User's perspective. However, AI Providers may process and store this data temporarily or otherwise in accordance with their own privacy and data handling policies, over which Brewed Chat has no control.
8.5. AI Generated Content:
Article 9 - Personal Data
Brewed Chat collects and processes certain personal data of the User in the context of using the Service (username, email, password, potentially API keys for the pay-as-you-go option, usage data). The methods of collection and processing, purposes, legal bases, retention periods, and the User's rights regarding their personal data are described in detail in the Privacy Policy of the Service, accessible at: https://brewed.chat/en/pp. The Privacy Policy is an integral part of these TOS.
Article 10 - Guarantees and Limitations of Liability
10.1. No Guarantee on AI Generated Content: The User acknowledges and agrees that AI Generated Content is produced by third-party artificial intelligence systems. Brewed Chat does not control the generation of this content. Therefore, Brewed Chat provides no guarantee regarding the accuracy, relevance, completeness, reliability, legality, absence of bias, or non-offensiveness of AI Generated Content. AIs may produce incorrect, incomplete, or misleading information. The User uses AI Generated Content at their own risk and is solely responsible for verifying its suitability and accuracy before any use, especially for important decisions, medical, legal, or financial purposes. Brewed Chat disclaims any liability for direct or indirect consequences of using AI Generated Content.
10.2. Functionality Guarantee: The Service is provided "as is" and "subject to availability." Brewed Chat does not guarantee that the Service will operate without interruption, without error, or that it will be free from bugs or vulnerabilities. Brewed Chat strives to ensure reasonable access to the Service but cannot guarantee continuous availability.
10.3. Dependence on Third-Party Services: The operation of the Service depends on the availability and proper functioning of the APIs and services of third-party AI Providers, as well as the host. Brewed Chat cannot be held liable for interruptions, changes, suspensions, or service stops resulting from a failure or decision of these third parties.
10.4. General Limitation of Liability: To the fullest extent permitted by applicable French law, Brewed Chat's liability for the use of the Service is limited. Under no circumstances shall Brewed Chat be liable for indirect damages (such as loss of profits, loss of data, loss of opportunity, commercial harm) resulting from the use or inability to use the Service. If Brewed Chat's liability were to be incurred, especially towards a consumer, it would, to the extent permitted by law, be limited to the total amount paid by the User for access to the Service during the six (6) months preceding the event leading to liability. This limitation does not apply in cases of gross negligence or intentional misconduct by the Operator, nor in cases of bodily harm.
Article 11 - Suspension and Termination
11.1. Suspension or Termination by Brewed Chat: Brewed Chat reserves the right to temporarily suspend or permanently terminate access to the Service and the User's Account, without notice or compensation, in the event of:
Violation of these TOS by the User.
Non-payment of amounts due (if applicable).
Suspected or proven illegal or fraudulent activity.
Requests from competent authorities.
Behavior detrimental to the proper functioning of the Service or to other Users.
11.2. Termination by the User: The User may terminate their subscription (if applicable) via means provided on the site or through the payment service provider's interface (e.g., Stripe). The User may request the deletion of their Account in accordance with Article 4.5. Termination by the User does not entitle them to any refund of Credits or amounts already paid.
Article 12 - Modifications to the TOS and the Service
12.1. Brewed Chat reserves the right to modify these TOS at any time to adapt to legislative, regulatory, jurisprudential, or technical developments, or to modify the characteristics of the Service.
12.2. Any modification of the TOS will be notified to Users by e-mail to the address associated with their Account, with a minimum notice of seven (7) days before their entry into force.
12.3. The User is free to accept or decline the new TOS. In the event of refusal, the User must cease using the Service and may request the deletion of their Account. Continued use of the Service after the entry into force of the new TOS constitutes acceptance of these terms.
12.4. Brewed Chat also reserves the right to modify, suspend, or permanently discontinue all or part of the Service, with reasonable prior notification to Users, particularly in the case of the cessation of third-party AI Providers' services or for economic or technical reasons. In the event of the definitive cessation of the Service, Brewed Chat will strive (without obligation of result) to propose solutions regarding unused Credits, as far as possible.
Article 13 - Force Majeure
Brewed Chat's liability shall not be enforced if the non-performance or delay in performance of one of its obligations described in these TOS results from a force majeure event, as defined in Article 1218 of the French Civil Code. Such events include unforeseen, irresistible, and external occurrences such as natural disasters, acts of war, widespread failures of telecommunications or electricity networks independent of the Operator's will.
Article 14 - Governing Law and Dispute Resolution
14.1. These TOS are subject to French law.
14.2. Attempt at Amicable Resolution: In the event of a dispute or claim, the User shall contact Brewed Chat first by email at [email protected] to attempt to find an amicable solution.
14.3. Consumer Mediation (for Consumer Users): In accordance with Articles L. 611-1 et seq. and R. 612-1 et seq. of the Consumer Code, the consumer User has the right to use a consumer mediator for free for the amicable resolution of the dispute with the Operator. The User must have previously attempted to resolve the dispute directly with Brewed Chat through a written complaint. The User may also use the European Online Dispute Resolution platform (ODR): https://ec.europa.eu/consumers/odr/
14.4. Competent Court: In the absence of amicable resolution or after failure of mediation, any dispute relating to the interpretation, performance, or termination of these TOS will be submitted to:
Article 15 - Miscellaneous Provisions
15.1. Language: These TOS are written in both French and English. In case of discrepancies in interpretation between the versions, the English version shall prevail.
15.2. Entire Agreement: These TOS constitute the entire agreement between the User and Brewed Chat regarding the use of the Service and supersede any prior agreements.
15.3. Non-Waiver: The fact that Brewed Chat does not invoke at any given time any of the clauses of these TOS cannot be considered as a waiver of its right to invoke these clauses later.
15.4. Partial Invalidity: If one or more provisions of these TOS are found to be invalid or declared as such under the application of a law, regulation, or following a final decision by a competent jurisdiction, the other provisions shall retain their full force and scope.
Article 16 - Contact
For any questions regarding these TOS or the Service, the User can contact Brewed Chat at the following email address: [email protected].