Terms of Service for Language Buddy Service

Last Updated: December 1, 2025
Effective Date: December 1, 2025

These Terms of Service ("Terms") govern your use of the AI Language Buddy service ("the Service"), provided by Benjamin Meixner ("We," "Us," or "Our"), which is delivered exclusively through the WhatsApp Business Platform. By accessing or using the Service, you agree to be bound by these Terms and the WhatsApp Business Messaging Policy.

1. Acceptance of Terms

1.1. Binding Agreement: These Terms constitute a legally binding agreement between you and Benjamin Meixner. If you do not agree to these Terms, you may not use the Service.

1.2. WhatsApp Policy: Your use of the Service is also subject to the WhatsApp Terms of Service and the WhatsApp Business Messaging Policy. Any violation of those policies through your use of the Service is a violation of these Terms.

2. Description of Service & AI Disclaimers

2.1. Service Purpose: The Service is an AI-powered conversational tool intended solely for language practice, cultural insight, and casual conversation in the desired language. It is designed to simulate a native-speaking peer (the "Language Buddy").

2.2. No Professional Advice: The Service is an artificial intelligence program and is NOT a human being. The Service does not provide, and you must not rely on it for, any medical, legal, financial, psychological, or professional advice. Always seek advice from a qualified professional.

2.3. AI Accuracy Disclaimer: The AI generates responses based on complex models. We explicitly disclaim responsibility for the following:
Inaccuracy: Responses may contain errors, omissions, or factual inaccuracies ("hallucinations").
Inappropriateness: Although we use safety filters, responses may occasionally be inappropriate or offensive.
Liability: We are not liable for any damages or losses arising from your reliance on information provided by the Service.

2.4. Availability: We do not guarantee continuous, uninterrupted, or error-free operation of the Service, which is dependent on the availability and performance of third-party platforms (WhatsApp and the underlying LLM provider).

3. User Responsibilities and Prohibited Uses

3.1. Acceptable Use: You agree to use the Service only for its intended purpose (language learning) in a lawful and respectful manner.

3.2. Prohibited Content: You must not transmit any content that is:
Illegal, fraudulent, or promotes criminal activity.
Abusive, defamatory, harassing, or threatening.
Sexually explicit, obscene, or hateful.
Violating any third party's rights, including copyright or privacy.

3.3. System Interference: You must not attempt to circumvent security, gain unauthorized access to our systems, or disrupt the Service's operation.

4. Data Usage and Privacy (GDPR Compliance)

4.1. Data Collection and Legal Basis: We collect information necessary to provide the Service, including:
Your WhatsApp phone number and profile name.
The content, audio, and metadata of your messages exchanged with the Service.
The processing of this data is based on the necessity of performing the contract (these Terms) with you. As an Austrian entity, we comply with the EU General Data Protection Regulation (GDPR).

4.2. Purpose of Data Use: This data is used to:
Deliver the Service and provide context-aware responses.
Improve the language accuracy and conversational quality of the Service.
Ensure compliance with these Terms and applicable laws.

4.3. Third-Party LLM Provider: The Service relies on third-party Large Language Model (LLM) providers OpenAI ChatGPT and Google Gemini for generation. Messages sent to the Service are processed by this third party.

4.4. WhatsApp Compliance & Data Training (CRITICAL):
We commit to complying with the WhatsApp Business Messaging Policy.
We explicitly prohibit the use of any Business Solution Data (your chat content) to train, augment, or create any third-party general-purpose artificial intelligence systems, models, or technologies. Your data is used strictly for your personalized service improvement and our internal agent performance.

4.5. User Rights: Under GDPR, you have the right to access, rectify, port, and erase your personal data, as well as restrict or object to its processing. Details on how to exercise these rights are provided in our Privacy Policy.

4.6. Privacy Policy: Our full data collection, storage, and sharing practices are detailed in our Privacy Policy, located at Privacy Policy. By using the Service, you consent to the terms of our Privacy Policy.

5. Fees and Payment

5.1. Current Status: The Service is currently provided free of charge without the full feature set, or for a fee as advertised with the complete feature set.

5.2. Future Changes: We reserve the right to introduce or change fees for the Service at any time. We will provide you with 7 days' notice prior to any change in fees. Continued use of the Service after the effective date of the fee change constitutes acceptance of the new fees.

6. Termination

6.1. Termination by Us: We may terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach these Terms or the WhatsApp Business Messaging Policy.

6.2. Termination by You: You may stop using the Service at any time by blocking the chat number. Or contact us via email and we shall delete all your data as soon as possible.

6.3. Survival: Sections concerning Disclaimers, Liability, Data Usage, and Governing Law shall survive any termination of these Terms.

7. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Austria, without regard to its conflict of law provisions. The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Vienna, Austria.

8. Contact Information

If you have any questions about these Terms, please contact us anytime at: Email: benjamin@meixner.org