Terms of Use

These Terms of Use (the “Terms”) are a binding agreement between you and LocalGuide LLC (“we”, “us”), the company operating the TOBIAS platform at app.tobias.guru (the “Service”, “TOBIAS”). By creating an account, ticking the acceptance box at sign-up, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. What TOBIAS Is — and What It Is Not

TOBIAS is an AI-assisted software tool that helps you research and test business ideas. It can estimate market demand from third-party data, generate business plans, marketing materials and websites, and — only on your explicit instruction — prepare and publish online advertising campaigns.

TOBIAS is a software tool, not an adviser. Nothing produced by the Service — including scores, ratings, “investment attractiveness” indicators, demand estimates, financial projections, business plans, competitive reports or recommendations — constitutes investment, financial, legal, tax, accounting or other professional advice, and no fiduciary, advisory or agency relationship is created between you and us. Outputs are automatically generated information for your own evaluation.

No reliance. You acknowledge and agree that scores, ratings and indicators are probabilistic, automatically generated estimates — not predictions, endorsements or recommendations of any business or investment; that you will not rely on any output as the basis for an investment or expenditure decision without independent verification and advice from qualified professionals; and that we would not offer the Service at its current prices if we bore the risk of your business decisions. This allocation of risk is an essential basis of the bargain between you and us. You alone are responsible for decisions you make, including money you invest or spend, and you bear the entire risk of such decisions.

2. Eligibility and Accounts

You must be at least 18 years old. You represent that you use the Service in the course of a trade, business or profession and not as a consumer, except where mandatory law provides otherwise notwithstanding this representation. If you accept these Terms on behalf of a company, you represent that you have authority to bind it, and “you” means that company.

You are responsible for the accuracy of your registration data, for keeping your credentials confidential, and for all activity under your account. Notify us at support@tobias.guru if you suspect unauthorised use. You represent that you are not located in a territory subject to comprehensive sanctions and are not on any applicable denied-party list, and that you will not use the Service in violation of applicable export-control or sanctions laws.

3. AI-Generated Content

The Service uses machine-learning models and third-party data sources. You acknowledge that:

• outputs may be inaccurate, incomplete, outdated or misleading, and may occasionally state things confidently that are wrong;
• demand figures, keyword volumes, cost estimates and similar metrics come from third-party sources (such as Google) as-is, may be approximations, and may differ from what you later observe;
• similar or identical outputs may be generated for other users — we do not promise exclusivity or uniqueness of any generated idea, text, plan, design or estimate;
• because generative models are informed by large volumes of publicly available material, outputs may resemble existing works, names or marks; you must review every output and perform your own clearance (including originality and trademark screening) before relying on it, publishing it or using it commercially.

4. Advertising Campaigns and Ad Spend

Where you use TOBIAS to prepare or publish advertising campaigns (for example on Google Ads or Yandex Direct):

• campaigns are published into your own advertising account, which you connect to the Service; advertising spend is billed by the advertising platform directly to you under your agreement with that platform;
• campaigns are created and published only after your explicit confirmation of the campaign and its budget inside the Service, and are created in a paused state — enabling them to spend is a separate action you take;
• all advertising spend is yours. You are responsible for paying it, monitoring it, and pausing or stopping campaigns you no longer want;
• ad creatives, keywords, budgets and targeting prepared by the Service are outputs under Section 3. By confirming a campaign you adopt its content and settings as your own advertisement, confirm that you have reviewed them, and assume responsibility for their compliance exactly as if you had authored them;
• you are responsible for compliance of your advertising with the advertising platform’s policies and with the laws of every territory you target, including sector-specific rules. The Service does not support political or election-related advertising: campaigns are submitted with a declaration that they contain no EU political advertising, and you must not use the Service to run such advertising;
• where any of your campaigns are operated within accounts or under a manager (agency) structure shared with other customers or with us (for example, campaigns created before account connection was required), you acknowledge that advertising platforms may suspend, restrict or review such accounts or structures for reasons unrelated to your campaigns, including conduct of other users, and that campaigns may be paused, delayed, migrated or refused as a result or as a precaution under our policy checks. We may decline, pause or migrate any campaign that we reasonably consider to create a policy or legal risk. Where a campaign cannot be published or continued for these reasons, re-credit of the points consumed for it is your sole remedy to the extent permitted by law;
• we do not control and do not guarantee ad approval, delivery, placement, pricing, click quality, conversion, or any commercial result, and we are not responsible for decisions of advertising platforms, including ad disapproval or account suspension;
• if, due to an error on our side, a campaign is published without a confirmation required by these Terms, our liability is limited to the fees and points you paid us for the relevant feature and, where we are able to obtain one, assignment of any refund granted by the advertising platform.

5. Generated Websites and Publishing

If you generate or publish a website or landing page through the Service, you are the publisher of its content. You confirm that business information, claims, offers and prices you publish are accurate and lawful, that you hold the rights to any materials you upload, and that you are responsible for any legally required notices on your pages (such as imprint, consumer or privacy notices applicable to your business).

6. Plans, Points and Payment

• Paid features are offered as subscription plans and prepaid point packs, as described in the Service at the time of purchase. Certain actions consume points at the rates shown in the Service; rates may change prospectively.
• Points are a prepaid usage allowance only: they have no cash value, are not exchangeable for money and are non-transferable. Points included in a subscription cycle expire at the end of that cycle, except up to the rollover allowance stated in your plan; balances from purchased point packs carry over between cycles and do not expire while your account remains active.
• Where a paid generation fails on our side, the corresponding points are automatically returned to your balance. For users acting in the course of business, this re-credit is the sole remedy for the failed action; if you use the Service as a consumer, the re-credit is without prejudice to remedies that mandatory law gives you.
• If mandatory law of your country of residence entitles you to a refund of unused prepaid amounts on cancellation, we will refund the unused portion of purchased (not bonus, promotional or trial) points, less costs already incurred.
• Payments are processed by third-party payment providers; some purchases are sold by a payment partner acting as merchant of record, in which case that partner’s terms also apply and taxes may be collected by it. Prices may be stated exclusive of applicable taxes.
• Depending on the payment method offered in your region, subscriptions either renew automatically until cancelled (where purchased through our merchant-of-record partner) or are prepaid periods that you renew manually. Renewal terms are shown at checkout. You can cancel an auto-renewing subscription at any time with effect from the end of the paid period; amounts already paid for the current period are not refunded except where required by mandatory law.
• Free trials, where offered, are provided without a payment method and simply end when the trial expires; continued paid use requires choosing a plan. Trial points lapse when the trial ends.
• We may change prices with prior notice; changes apply from your next billing period.

7. Your Content and Intellectual Property

• Your inputs remain yours. You grant us a non-exclusive, worldwide licence to host and process your inputs and account data for the purpose of operating, securing and improving the Service.
• Outputs are yours to use. To the extent we hold any rights in outputs generated for you, we assign or license them to you upon generation, subject to payment for the relevant feature. Any such assignment or licence is of our rights only, is made as-is and without warranty of any kind — including non-infringement, originality or fitness for publication — and does not grant you rights in the underlying models or software, or in similar outputs generated for others. Outputs may embed materials generated by third-party AI model providers, which are subject to those providers’ terms.
• The Service itself — software, models, design, trademarks, and all components other than your content — remains our property or that of our licensors. No rights are granted except as expressly stated here.
• If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or obligation to you.

8. Acceptable Use

You must not: (a) use the Service for any unlawful purpose or to validate, promote or advertise unlawful products or services; (b) upload content that infringes third-party rights or is defamatory, deceptive or malicious; (c) probe, disrupt, reverse-engineer or overload the Service, or access it by automated means except through interfaces we provide; (d) resell or provide the Service to third parties as your own service without our written consent; (e) misrepresent AI-generated materials as independent professional research when offering them to third parties; (f) circumvent usage limits, points accounting or safety measures. We may suspend or terminate accounts engaged in such conduct.

9. Third-Party Services

The Service depends on third-party platforms and data providers (including advertising, payment, hosting, model and data providers). Their availability and decisions are outside our control; your use of their services through TOBIAS is also subject to their terms. We are not responsible for third-party services, and outages or changes on their side may limit Service functionality without liability on our part.

10. Infringement Notices

If you believe that content available through the Service, or a website generated by it, infringes your rights, notify us at support@tobias.guru with: identification of the protected work, the location of the allegedly infringing material, your contact details, a statement of good-faith belief that the use is unauthorised, and a statement, under penalty of perjury where applicable, that your notice is accurate and that you are the rights holder or authorised to act for one. We may remove or disable access to content, and we terminate accounts of repeat infringers at our discretion.

11. Privacy

Our processing of personal data is described in our Privacy Policy, which forms part of your agreement with us.

12. Availability; Changes to the Service

The Service is provided on an “as available” basis. We may modify, add or withdraw features, impose or change usage limits, and perform maintenance. We do not promise uninterrupted or error-free operation. Features marked as beta or experimental may change or disappear without notice.

13. Disclaimer of Warranties

To the maximum extent permitted by law, the Service and all outputs are provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that any business idea validated, planned or advertised through the Service will be viable, profitable or successful.

If you are a consumer, this section does not exclude statutory conformity requirements or guarantees that apply to digital services in your country of residence.

14. Limitation of Liability

To the maximum extent permitted by law: (a) we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill or business interruption; (b) we are not liable for amounts you spend on advertising, for investments or expenditures you make in reliance on outputs, or for decisions of third-party platforms; (c) our total aggregate liability arising out of or relating to the Service is limited to the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim (or, if you have paid nothing, USD 50).

(d) The limitations in (a)–(c) do not apply to: liability for intent or gross negligence; death or personal injury; or, where you are a consumer in a jurisdiction that requires it, damage that is typical for this type of contract and reasonably foreseeable, caused by our breach of an obligation whose performance the contract depends upon and on which you may regularly rely (in which case our liability for slight negligence is limited to such foreseeable, typical damage).

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law. If you use the Service as a consumer, you retain all mandatory rights of your country of residence.

15. Compensation for Claims (Indemnity)

To the extent permitted by law, you will compensate us for damages, fines and reasonable costs finally awarded or agreed in settlement arising from third-party claims based on: content you upload, publish or distribute, including outputs of the Service that you approve, publish or use; advertisements you run; your breach of these Terms; or your violation of applicable law or third-party rights — except to the extent finally determined to result from our wilful misconduct. If you use the Service as a consumer, this applies only where the claim results from your unlawful conduct or your culpable breach of these Terms. We will notify you promptly of any such claim and will not settle it at your expense without consulting you. A duty to defend applies only to users acting in the course of business.

16. Term and Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access with immediate effect for material breach of these Terms, unlawful use, or risk to the Service or other users, and otherwise on 30 days’ notice. Upon termination for your material breach, bonus, promotional, trial and referral points lapse; purchased points are forfeited only where your breach was fraudulent or caused us or third parties damage at least equal to their value — otherwise we will, on request, refund the unused value of purchased points, less amounts you owe us and costs we reasonably incurred. Sections 1, 3–5, 7, 10 and 13–20 survive termination.

17. Changes to These Terms

We may update these Terms (i) for legal, regulatory or security reasons, (ii) to reflect changes to features, third-party services or pricing structures, or (iii) to correct errors or improve clarity. For material changes we will give at least 30 days’ notice by email or in the Service. If you do not agree, you may terminate before the effective date, in which case we will refund the unused pro-rata portion of any prepaid subscription period and, where mandatory law requires, unused purchased points. Changes that materially reduce what you have already paid for, or that increase what you pay, take effect for consumers only from the next renewal or with your express agreement; other changes take effect on the stated date, and continued use after that date constitutes acceptance where the law permits.

18. Governing Law and Disputes

These Terms, and any dispute or claim arising out of or in connection with them or the Service, are governed by the laws of Spain and applicable European Union law, without regard to conflict-of-law rules. Subject to Section 19 and to any mandatory rights you have as a consumer to bring or defend proceedings in the courts of your country of residence and to the protection of its mandatory law, the courts of the city of our registered office in Spain have exclusive jurisdiction. EU consumers may also use the European Commission’s online dispute-resolution platform or the consumer-mediation bodies available in their member state.

To the extent permitted by law, any claim must be notified to us in writing within 30 days of the date you discover the facts giving rise to it and filed within one (1) year of accrual.

19. Arbitration and Class-Action Waiver (Users in the United States)

This Section 19 applies only if you reside in, or your principal place of business is in, the United States, and only to the extent permitted by the law applicable to you.

Informal resolution first. Before starting arbitration, you or we must send the other a written notice describing the dispute and the relief sought (to support@tobias.guru, or to your account email). If the dispute is not resolved within 60 days of the notice, either party may begin arbitration.

Binding individual arbitration. Any dispute that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Arbitration Rules for business users) then in effect, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will be conducted in English, by video conference or documents-only unless the arbitrator decides an in-person hearing is necessary, in which case it will take place in the county where you reside. Where the AAA rules provide, we will pay filing and arbitrator fees for consumer claims. The arbitrator may award the same individual relief a court could, but only in favour of the individual party and only to the extent necessary to resolve that party’s claim.

Class-action and jury-trial waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND THAT BY AGREEING TO ARBITRATION EACH WAIVES THE RIGHT TO A TRIAL BY JURY. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, and the remainder of this Section stays in effect.

Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or data.

30-day opt-out. You may opt out of this arbitration agreement by emailing support@tobias.guru from your account email within 30 days of first accepting these Terms, with the subject line “Arbitration opt-out” and your account username. Opting out does not affect any other part of these Terms.

20. Miscellaneous

Neither party is liable for delay or failure caused by events beyond its reasonable control, including acts of government, sanctions, war, natural disasters, internet or utility failures, labour disputes, or withdrawal of a third-party model, data or platform provider; our payment obligations to third parties and yours to us are not excused.

Entire agreement. These Terms, together with documents expressly incorporated, are the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous statements, marketing materials, proposals and representations, on which you agree you have not relied. These Terms are drawn up in English; translations, if any, are for convenience and the English version prevails to the extent permitted by law. If any provision is held unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a reorganisation or sale. These Terms confer no rights on any third party.

Contact: LocalGuide LLC · support@tobias.guru