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Ask Poppy – Terms of Service

Terms of Service

Effective Date: January 14, 2025

These Terms of Service ("Terms") govern your access to and use of Ask Poppy, an AI-powered educational assistant service operated by Poppy Labs AS. By creating an account or using the Service, you agree to these Terms and our Privacy Policy.

1. About Ask Poppy

Service Provider: Poppy Labs AS ("Ask Poppy", "we", "us", "our") Organization Number: 935 934 486 Registered Address: Oslo, Norway Contact Email: simon@askpoppy.ai

Ask Poppy provides AI-assisted learning through text and voice chat, powered by artificial intelligence and speech technology. The Service is designed to support educational goals for students aged 13 and above.

2. Eligibility

2.1 Age Requirements

  • You must be at least 13 years old to create an account or use Ask Poppy.
  • If you are under 18 (or the age of majority in your jurisdiction), you should review these Terms with a parent or guardian.
  • By creating an account, you represent and warrant that you meet these age requirements.

2.2 Account Suspension for Underage Users

If we discover that a user is under 13, we will immediately suspend their account and delete their personal data as required by law.

3. Account Registration and Security

3.1 Account Creation

  • You must provide accurate and complete information when creating an account.
  • Accounts are created and managed through our authentication provider (Clerk).
  • You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Responsibility

  • You are solely responsible for all activity that occurs under your account.
  • You must notify us immediately at simon@askpoppy.ai if you believe your account has been compromised.
  • We are not liable for any loss or damage arising from unauthorized use of your account.

3.3 One Account Per Person

You may only create one account per person. Creating multiple accounts to circumvent usage limits or for fraudulent purposes is prohibited.

4. Acceptable Use Policy

You agree NOT to use Ask Poppy to:

4.1 Illegal Activities

  • Violate any applicable laws or regulations
  • Engage in or promote illegal activities
  • Infringe on intellectual property rights of others

4.2 Harmful Content

  • Harass, threaten, or abuse others
  • Distribute malware, viruses, or malicious code
  • Share content that is hateful, discriminatory, or promotes violence
  • Upload or share sensitive personal data (e.g., social security numbers, credit card information)

4.3 System Abuse

  • Attempt to disrupt, overload, or gain unauthorized access to our systems
  • Reverse engineer, decompile, or attempt to extract source code
  • Use automated systems (bots, scrapers) to access the Service without permission
  • Circumvent usage limits or access controls

4.4 Misrepresentation

  • Impersonate another person or entity
  • Provide false information to obtain services or benefits

Violation of this Acceptable Use Policy may result in suspension or termination of your account.

5. Service Plans and Usage Limits

5.1 Free Tier

Free accounts include:

  • 50 messages per day (text or voice combined)
  • Basic AI chat features
  • Access to all supported languages
  • Voice chat capabilities
  • Conversation history

Daily limits reset next time you log in.

5.2 Guest Mode

  • Try Ask Poppy without an account
  • Maximum 3 messages per session
  • No conversation history saved
  • Session ends when you close your browser or refresh

5.3 Premium Subscription

Premium subscribers enjoy:

  • Unlimited messages per day
  • Unlimited voice chat duration
  • Priority support
  • All future premium features

Available Plans:

  • Weekly subscription
  • Monthly subscription
  • Annual subscription

5.4 Subscription Billing

  • Subscriptions are processed through LemonSqueezy, our payment provider
  • Billing cycles renew automatically unless canceled
  • You can cancel your subscription at any time via your account settings
  • Cancellations take effect at the end of the current billing period
  • No refunds for partial billing periods unless required by law

5.5 Price Changes

We reserve the right to change subscription prices with at least 30 days' notice. Price changes will not affect your current billing period if you have an active subscription.

6. Third-Party Services and Data Processing

6.1 Service Providers

Ask Poppy relies on third-party services to function:

  • Clerk: User authentication
  • OpenAI: AI language model for chat responses
  • ElevenLabs: Voice transcription (speech-to-text) and synthesis (text-to-speech)
  • Exa: Web search functionality
  • LemonSqueezy: Payment processing
  • Cloudflare: Infrastructure and hosting
  • PostHog: Analytics (opt-in only)
  • Resend: Transactional emails

By using Ask Poppy, you acknowledge that your data will be processed by these providers in accordance with our Privacy Policy and their respective terms.

6.2 International Data Transfers

Some providers (including OpenAI, ElevenLabs, and LemonSqueezy) are based in the United States. By using Ask Poppy, you consent to international data transfers as described in our Privacy Policy.

6.3 Third-Party Availability

We are not responsible for outages, errors, or failures of third-party services. We will make reasonable efforts to minimize service disruptions.

7. Your Content and AI Outputs

7.1 Ownership of Your Content

  • You retain all rights to the messages, questions, and content you submit ("Your Content").
  • By using the Service, you grant us a limited license to process Your Content for the purpose of providing the Service (e.g., generating AI responses, transcribing voice, storing conversation history).

7.2 AI-Generated Content

  • AI responses generated by Ask Poppy are not guaranteed to be accurate, complete, or suitable for any particular purpose.
  • You are responsible for independently verifying any information provided by the AI before relying on it for important decisions (e.g., medical, legal, financial advice).
  • AI outputs may occasionally be incorrect, incomplete, or inappropriate. Use your judgment.

7.3 Educational Purpose Only

Ask Poppy is designed as an educational tool. It is NOT a substitute for:

  • Professional medical advice
  • Legal counsel
  • Financial planning services
  • Mental health support
  • Emergency services

If you are experiencing a medical or mental health emergency, contact emergency services immediately.

7.4 No Sensitive Personal Data

Do not share sensitive personal information in your conversations, including:

  • Social security numbers or national ID numbers
  • Payment card details
  • Health records or medical diagnoses
  • Passwords or access credentials

If you choose to share personal information, you do so at your own risk.

8. Intellectual Property

8.1 Ask Poppy's Rights

We (and our licensors) own all rights, title, and interest in and to:

  • The Ask Poppy service, website, and mobile applications
  • Our trademarks, logos, and branding
  • Software, code, algorithms, and technology
  • Documentation and user interfaces

These Terms do not transfer any ownership rights to you.

8.2 Restrictions

You may NOT:

  • Copy, modify, or create derivative works of the Service
  • Sell, rent, lease, or sublicense access to Ask Poppy
  • Remove or alter any proprietary notices (copyright, trademarks)
  • Use our branding without written permission

8.3 Feedback

If you provide feedback, suggestions, or ideas about Ask Poppy, we may use them without any obligation to you (compensation, attribution, etc.).

9. Hardware Devices (Ask Poppy ESP32)

9.1 Device Purpose

Ask Poppy offers optional physical hardware devices for voice interaction. Device usage is subject to these Terms.

9.2 Device Requirements

  • Devices require an active Ask Poppy account
  • Internet connectivity is required
  • Device firmware may be updated remotely

9.3 Device Warranty

Hardware devices are sold separately with their own warranty terms. Contact simon@askpoppy.ai for device support.

10. Service Availability and Changes

10.1 Beta Service

Ask Poppy is continuously evolving. Features may be:

  • Added, modified, or removed at any time
  • Temporarily unavailable due to maintenance or technical issues
  • Subject to bugs or errors

10.2 No Guarantee of Uptime

We do not guarantee that the Service will be:

  • Uninterrupted or error-free
  • Available 24/7
  • Secure from all threats
  • Compatible with all devices or browsers

10.3 Scheduled Maintenance

We may perform scheduled maintenance with or without advance notice. We will make reasonable efforts to minimize disruptions.

11. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy for detailed information about:

  • What data we collect
  • How we use your data
  • Third-party processors
  • Your privacy rights (access, deletion, export)
  • GDPR compliance

By using Ask Poppy, you consent to data collection and processing as described in the Privacy Policy.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy or reliability

12.2 AI Accuracy

WE DO NOT WARRANT THAT:

  • AI responses will be accurate, complete, or current
  • The Service will meet your specific requirements
  • Results will be reliable or suitable for academic evaluation

12.3 Educational Disclaimer

Ask Poppy is a learning tool, not a replacement for teachers, tutors, or formal education. We make no guarantees about educational outcomes.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY NORWEGIAN AND EU LAW:

13.1 Exclusion of Damages

POPPY LABS AS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND PARTNERS SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damages resulting from:
    • Your use or inability to use the Service
    • Unauthorized access to your account or data
    • Errors, bugs, or service interruptions
    • Third-party content or conduct
    • Reliance on AI-generated information

13.2 Liability Cap

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM (OR €100 IF YOU HAVE NOT PAID ANYTHING).

13.3 Mandatory Rights

Nothing in these Terms limits your mandatory consumer rights under Norwegian or EU law, including rights that cannot be waived by contract.

14. Indemnification

You agree to defend, indemnify, and hold harmless Ask Poppy, Poppy Labs AS, and our officers, employees, and partners from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any laws or third-party rights
  • Content you submit to the Service

15. Termination

15.1 Termination by You

You may stop using the Service at any time by:

  • Simply not accessing your account
  • Deleting your account via account settings

15.2 Termination by Us

We may suspend or terminate your access immediately if:

  • You violate these Terms or our Acceptable Use Policy
  • We suspect fraudulent or abusive activity
  • Required by law or to protect other users
  • You fail to pay subscription fees

15.3 Effect of Termination

Upon termination:

  • Your right to use the Service ends immediately
  • We may delete your data in accordance with our Privacy Policy
  • Subscriptions may be canceled (refunds subject to Section 5.4)
  • Sections that by their nature should survive (IP, disclaimers, liability, governing law) will continue to apply

15.4 Data Retention After Termination

After account deletion, your personal data will be deleted as described in our Privacy Policy. Some data may be retained for legal compliance (e.g., financial records for tax purposes).

16. Dispute Resolution and Governing Law

16.1 Governing Law

These Terms are governed by the laws of Norway, without regard to conflict of law principles.

16.2 Jurisdiction

Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Norway.

16.3 Informal Resolution

Before filing a legal claim, please contact simon@askpoppy.ai to attempt to resolve the dispute informally. We commit to working with you in good faith.

16.4 Consumer Rights

If you are a consumer in the European Economic Area (EEA), you have the right to bring disputes to your local consumer protection authority or court.

17. Changes to These Terms

17.1 Updates

We may update these Terms from time to time to reflect:

  • Changes in our Service or features
  • Legal or regulatory requirements
  • Business practices

17.2 Notice of Changes

When we make changes:

  • We will update the "Effective Date" at the top of this page
  • Material changes will be posted prominently on this page
  • Changes take effect immediately upon posting (or as specified in the notice)

17.3 Continued Use

Your continued use of Ask Poppy after changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ask Poppy regarding the Service.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full effect.

18.3 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any affiliate or successor without restriction.

18.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control (e.g., natural disasters, wars, pandemics, internet outages, third-party service failures).

18.6 Language

These Terms are written in English. Translations may be provided for convenience, but the English version governs in case of conflict.

Legal notices should be sent to: Poppy Labs AS Oslo, Norway Email: simon@askpoppy.ai

19. Contact Us

If you have questions about these Terms:

Email: simon@askpoppy.ai Subject Line: "Terms of Service Question" Company: Poppy Labs AS, Oslo, Norway

We will respond to inquiries within a reasonable timeframe.

By using Ask Poppy, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

Last Updated: January 14, 2025