By accessing or using Wendy chatbot (the "Service"), you agree to comply with and be bound by the following Terms of Use (the "Terms"). Please read these Terms carefully before using the Service. If you do not agree with any part of these Terms, you must not use the Service.

1. Acceptance of Terms
1. By using the Service, you confirm that you are at least 18 years old, or if you are under 18, you are using the Service under the supervision of a legal guardian who agrees to these Terms on your behalf.
2. General
1. The Service offers mental self-help via the website https://www.talktowendy.ai (the “Website”) and via messaging apps such as WhatsApp and Telegram (the “Messaging apps”).
2. The Service is operated by Monaco Labs GmbH, Fastlinger Ring 168, 85716 Unterschleissheim, Germany (the “We”), contact: hello@talktowendy.ai
3. The Service is aimed exclusively at natural persons.
4. The Service is designed to provide users with responses generated by artificial intelligence (AI) for informational and entertainment purposes. The AI-Psychologist is not a licensed mental health professional, and the Service does not provide professional psychological, medical, or legal advice. You agree that your use of the Service is entirely at your own risk, and any reliance on the information provided by the Service is solely your responsibility. The Service is not a substitute for professional therapy, counseling, or medical treatment. If you are experiencing a mental health crisis or require medical attention, please contact a licensed healthcare provider or emergency services immediately.
5. The Service is not psychological therapy, psychiatric diagnosis and is not aimed at users with bipolar disorder, psychotic disorder (e.g. schizophrenia), acute substance dependence or acute suicidality. We recommend such users to consult a doctor or psychotherapist immediately or, in the event of acute suicidality, to contact the telephone counseling service, the German Depression Aid Service or the police.
3. Scope
1. The use of the Services offered on the Website and via Messaging apps is based on these Terms. We reserve the right to modify these Terms at any time. If changes are made, the revised Terms will be posted on the Website with the updated "Last Updated" date. Your continued use of the Service after the posting of any changes constitutes your acceptance of the new Terms.
4. Services
1. We offer visitors to the Website information free of charge.
2. In addition to the free services on the Website, We also offer users various paid programs for self-help that the user can book via a subscription via the messaging services. The costs are currently only on a self-payer basis.
5. Registration
1. Users can register via a messaging service in order to book chargeable services.
2. The registration requires the specification of a phone number of the user. If further mandatory information is required, this will be marked accordingly during registration.
3. The user is responsible for protecting all service accesses from being accessed by third parties. Wendy assumes no liability in the event of unauthorized access by third parties, should this access occur on the part of the user. The user must notify Wendy immediately of any third-party access or other misuses of their login data that they gain knowledge of and change their password. In the event of misuse, Wendy is entitled, but not obliged, to immediately block the access concerned or to take other suitable measures at its own discretion.
4. At the time of registration, the user assures that there was no concrete plan to end his or her own life within the last weeks.
5. The user is solely responsible for the correctness of the information. All information must be given truthfully. If the user deliberately provides false information, this can lead to immediate exclusion from further use of the program.
6. Conclusion of the contract
1. Contracts are concluded exclusively between Wendy and the user.
2. The booking of Wendy’s service is only made when the user has confirmed their subscription.
7. Prices and payment process
1. The prices stated on the Website at the time of the respective conclusion of the contract apply. All prices include VAT.
2. The payment options mentioned on the Website are made available to the user.
3. All costs that We incur due to incorrect information provided by the user or insufficient funds in their account are to be borne by the user.
8. Obligations of the user
1. It is the responsibility of the user to provide the hardware and software required to use the website and the necessary offers, Internet access and, if necessary, a telephone connection. Their provision is not part of the offered Services.
2. The user is obliged to truthfully provide all necessary information, in particular any payment data that may be required. We must be informed immediately of any changes.
3. Users may not undertake any illegal actions and/or violate applicable laws while using the service, in particular not:
1. Save, publish and/or transmit content that is harassing, insulting, harmful to minors, or otherwise illegal; violate the rights of third parties, in particular copyrights or ancillary copyrights, other property rights, or personal rights; represent manipulated content; violate the relevant rules of conduct of our service; are to be treated confidentially, e.g. third-party business secrets; are likely to lead directly or indirectly to physical injury or property damage, such as corresponding instructions for action;
2. impersonate another person within the program, e.g. as a public official, our representative, or pretend a non-existent relationship with such persons, falsify user names or otherwise manipulate identifying marks and/or the origin of any content transmitted within the framework of the offer will, disguise;
3. Store, post and/or transmit advertising, junk or bulk email, chain letters, pyramid schemes, or other commercial communications;
4. Use scraping or similar techniques to compile, use for any other purpose, republish or otherwise use content;
5. Use techniques or automated or other services that are designed to misrepresent user activities, such as through the use of bots, botnets, scripts, apps, plugins, extensions or other automated means for registering accounts, for playing content, for Send messages, post comments, or otherwise act;
6. Harass, threaten, insult, defame, contempt or discriminate a natural or legal person or a company, or allege or disseminate untrue facts in relation to a natural or legal person or a company;
7. Collect, save or transmit personal data about other users, as far as the data subjects do not agree;
8. Set links to third-party content that violates provisions of these Terms or other legal provisions.
4. We reserve the right to take any necessary actions, including suspension or termination of the user's account in case We suspect a violation of the user’s obligations.
9. Property rights and restrictions on the right of use
1. The Website, the software and database on which it is based and other content are protected by copyright or other laws. The provision within the scope of these Terms does not constitute a waiver of copyrights.
2. We expressly reserve all rights to which we are entitled under the Unfair Competition Act (“UWG”), copyright, trademark law or other laws that protect the website, services, products or parts thereof.
3. This applies in particular to rights to published texts, the design of the Website or individual products and the logo used.
4. The Website may only be used in the manner created in order to use the Services. In particular, the database may only be accessed using the software provided on the site. Exhausting or spying on the database using other software is not permitted. In particular, automated access to the Website is not permitted. It is not permitted to copy, pass on, send or publish the data in any form, unless the Website expressly offers such a function. Wendy grants the user the non-exclusive and non-transferable right to use the Website and the Service on condition of compliance with these Terms and all other applicable and possible further contractual provisions. The right to use the Service expires at the end of the contract period. The user is not authorized:
1. to allow third parties to have access to the Service, in particular to rent, lend, reproduce, resell or otherwise distribute or pass it on;
2. use the Service to develop other services;
3. to activate and use functionalities of the Website or the Service for which no usage rights have been granted;
4. to change, translate, reproduce, decompile or examine the source code of the Website or the Service, except to the extent permitted by law;
5. remove, cover up or change legal notices, in particular those relating to Service’s industrial property rights.
5. All content, design, software, and materials provided by or through the Service, including the AI-Psychologist chatbot and its responses, are the intellectual property of Monaco Labs GmbH. You may not copy, modify, distribute, or create derivative works from any part of the Service without prior written consent.
6. If there are indications of improper use, We reserve the right to prohibit the use of the Website and the Service with immediate effect.
10. Right of withdrawal for consumers
1. If the user is a consumer within the meaning of §13 BGB, he has a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. The following applies in detail:

Right of withdrawal

Users have the right to withdraw from this contract within fourteen days from the date on which the contract was concluded without giving any reason. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. For this purpose, users can use the model withdrawal form below, but this is not mandatory. You can find our contact details here:

Monaco Labs GmbH
Fastlinger Ring 168
85716 Unterschleissheim
Germany
Email: hello@talktowendy.ai

Consequences of the withdrawal

If you revoke this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we usually use the same means of payment that you used for the original transaction unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. If your employer or your health insurance company has paid for the usage costs for you, all payments will also be refunded to them or they will not be charged.

If you have requested that the services should begin during the withdrawal period, you have to pay us a reasonable amount, which corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of withdrawal with regard to this contract Compared to the total scope of the services provided in the contract.

The right of withdrawal expires in accordance with Section 356 (4) of the German Civil Code (BGB) in the case of a contract for the provision of services if the entrepreneur has fully provided the service and has only started performing the service after the consumer has given his express consent and at the same time his knowledge of it has confirmed that he will lose his right of withdrawal if the contractor has completely fulfilled the contract.

11. Confidentiality and data protection
1. We undertake to treat all information that becomes accessible in connection with the use of the Services as strictly confidential.
2. The collection and use of users' personal data also takes place in compliance with the applicable data protection regulations and is set out in more detail in the data protection policy (the “Privacy policy”) at https://www.talktowendy.ai/dataprivacy. By using the Service, users consent to the terms of the Privacy Policy.
3. The user can receive information about the stored data free of charge at any time and is entitled to request the blocking and deletion of his data. Inquiries for information as well as deletion, correction or blocking requests must be sent in writing via email to hello@talktowendy.ai. The same applies to the revocation of consent or objections to the use of data.
4. We expressly point out that the Internet does not allow absolute data security despite all the technical and organizational measures that We use in accordance with the statutory provisions. We are not liable for actions by third parties (subject to Clause 13).
12. Disclaimer for links
1. The Website may contain external links and references to websites that are not operated by Monaco Labs GmbH. Such external links are usually only made available for reasons of user-friendliness. We have no influence on such content; The corresponding operator is solely responsible for the content of the linked pages.
2. Monaco Labs GmbH hereby expressly distances itself from the content that is hidden behind the links listed on the website, the servers behind them, further links and all other visible or invisible content. Monaco Labs Gmbh and the Service assume no responsibility for the content of these websites, nor does Monaco Labs Gmbh and the Service adopt these websites or third-party content as its own. Monaco Labs Gmbh and the Service do not check the linked information. Monaco Labs Gmbh and the Service were not aware of any violations of the law by the external content when the link was set. Furthermore, Monaco Labs Gmbh and the Servicedo not accept any liability for information, legal and organizational circumstances, content or promises on linked offers.
13. Liability
1. To the fullest extent permitted by law, We are not liable for any damages arising out of or in connection with user’s use of the Website and the Service. This includes, without limitation, direct, indirect, incidental, punitive, and consequential damages, even if We have been advised of the possibility of such damages.
14. Disclaimer of Warranties
1. The Website and the Service are provided on an "as-is" and "as-available" basis without any warranties of any kind, either express or implied, including but not limited to warranties of accuracy, reliability, or fitness for a particular purpose. We do not guarantee that the Website and the Service will be uninterrupted, error-free, or secure. We are not responsible for any technical issues, including loss of data or access interruptions. The website is provided with an annual availability of 95.00%. Excluded from the aforementioned availability are (a) the following maintenance windows: (aa) daily maintenance windows (especially also for the implementation of updates and upgrades) from 02:00 - 06:00 in the morning (regional time) as well as (bb) announced maintenance windows, which are announced with a lead time of at least 2 working days, do not last longer than two hours and do not exceed 6 hours per month; (b) Times of unavailability due to circumstances beyond the control of Wendy, including force majeure, as well as (c) times of unavailability, if and to the extent that these were caused by the user.
2. We can or must also restrict access if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data so require; these times are also not taken into account when calculating availability.
3. The Website and the Service may not be available worldwide. The availability may be restricted due to legal requirements in certain countries.
4. Customer service via email is continuously available at hello@talktowendy.ai. A response within 2-3 business days is guaranteed.
5. Monaco Labs GmbH's liability in accordance with Section 13 above remains unaffected.
15. Term and Termination
1. The contract for the use of the Website has an unlimited term.
2. The contracts between Monaco Labs GmbH and the user in respect of the use of the Service for chargeable services end automatically after the specified term has expired (e.g. the duration of the Service’s usage term purchased by the user). The contract can be terminated informally by both parties at any time with a notice period of 2 weeks after confirmation of payment.
3. We may terminate or suspend user’s access to the Website and the Service at any time, without notice, for any violation of these Terms or for any other reason at our discretion. Upon termination, user’s right to use the Website and the Service will cease immediately.
16. Other
1. This contract is subject exclusively to the substantive law of the Federal Republic of Germany with the exception of the UN Convention on the International Sale of Movable Property and German international private law. If the user is a consumer, he is also entitled to the protection of the mandatory provisions of the law that would be applicable without this clause, in accordance with Article 6 (2) of Regulation (EC) 593/2008.
2. Should individual provisions of these terms and conditions be or become wholly or partially ineffective, the rest of the terms and conditions shall remain effective. In the event of such ineffectiveness, the ineffective regulation will be replaced by the statutory provision.
3. We are not obliged to participate in dispute settlement proceedings before a consumer arbitration board and do not take part in them.