Terms and Conditions

1. About Us

The Service is operated by Tiago Marques, an individual based in Portugal ("we", "us", "our").

For legal and regulatory purposes, this Service is governed primarily by Portuguese law, with certain consumer protections applying based on your country of residence.

Contact:

• Email: pensatorium.ai@gmail.com
• Address: Odivelas, Portugal

2. Eligibility

You must be at least 16 years old (or the minimum legal age in your country, if higher) to use the Service.

By using Pensatorium, you represent and warrant that:

• You have the legal capacity to enter into these Terms
• You are not prohibited from using the Service under applicable laws

3. Account Registration

To use certain features, you must create an account. Authentication is handled by our identity provider (Clerk) and supports sign-in with Google or with an email address and password.

You agree to:

• Provide accurate and complete information
• Keep your login credentials confidential
• Be responsible for all activity under your account

We reserve the right to suspend or terminate accounts that violate these Terms or applicable laws.

4. Description of the Service

Pensatorium is an AI-powered thought processing platform that allows users to:

• Record voice notes
• Transcribe and process content using artificial intelligence
• Organize, analyze, and extract insights, actions, and questions from their content
• Generate insights, suggested reflections, and follow-up questions from their thoughts
• Organize content into folders, areas, tags, and recurring events
• Search across their thoughts using semantic and text-based search

The Service relies on third-party AI providers and may evolve over time. We do not guarantee that outputs are error-free, complete, or suitable for any specific purpose.

5. Acceptable Use

You agree not to:

• Use the Service for illegal, harmful, or fraudulent purposes
• Upload content that infringes intellectual property, privacy, or other rights
• Upload content that is abusive, hateful, explicit, or violent
• Attempt to reverse-engineer, exploit, or interfere with the Service
• Hold out AI-generated outputs as professional advice (medical, legal, financial, or otherwise) to others

We may flag or restrict processing of content that violates these Terms or that automated safety systems identify as potentially harmful. We may suspend or terminate accounts that repeatedly or seriously violate these Terms.

6. User Content

6.1 Ownership

You retain ownership of all content you create, record, or upload to Pensatorium ("User Content").

6.2 License to Operate

By using the Service, you grant us a limited, non-exclusive license to:

• Store, process, analyze, and display your content
• Use AI systems to generate transcriptions, insights, and enhancements

This license exists solely to operate and improve the Service.

We do not use your User Content to train AI models, our own or those of third parties, beyond what is required to deliver the requested processing.

6.3 Responsibility

You are solely responsible for your User Content and for ensuring it complies with applicable laws.

7. AI-Generated Content & Professional Use Disclaimer

Pensatorium uses automated AI systems to process content. You acknowledge and agree that:

• AI-generated outputs may be inaccurate, incomplete, outdated, or biased
• Outputs are provided for personal knowledge management, reflection, and organization purposes only
• The Service does not provide medical, psychological, legal, financial, or other professional advice

You agree not to rely on the Service or any AI-generated output as a substitute for advice from qualified professionals. You use the Service at your own discretion and risk.

Mental health and crisis situations

Pensatorium is a personal reflection tool, not a mental health service, therapist, or crisis intervention provider. If you are experiencing a mental health emergency or thoughts of self-harm, please contact your local emergency services or a crisis helpline immediately. The Service may surface links to crisis resources where it detects content suggesting acute risk, but this feature is supplemental and is not a substitute for professional care. We do not monitor the Service in real time and cannot guarantee a timely response to any individual situation.

8. Privacy and Data Protection

Your privacy is important to us. Our processing of personal data is governed by our Privacy Policy, which complies with:

• EU General Data Protection Regulation (GDPR)
• Applicable international data protection laws

Key rights include:

• Access, rectification, and deletion of personal data
• Data portability
• Withdrawal of consent

Please refer to the Privacy Policy for full details.

9. Data Storage and International Access

The Service is operated from the European Union but is accessible worldwide. By using the Service, you acknowledge that:

• Your data may be processed in jurisdictions outside your country
• EU data protection standards apply where required

10. Paid Features, Subscriptions, and Refunds

Pensatorium is a subscription-based service. Some features may require a paid plan.

10.1 Merchant of Record

Payments are processed by LemonSqueezy (Lemon Squeezy LLC), which acts as Merchant of Record. LemonSqueezy is responsible for billing, tax collection, invoicing, and payment-method handling. Their terms apply alongside ours: https://www.lemonsqueezy.com/legal/terms-of-service

10.2 Taxes (VAT)

Prices displayed on our website and inside the app are inclusive of VAT where applicable — the amount shown is the amount you are charged. LemonSqueezy, as Merchant of Record, determines, collects, and remits the applicable VAT or sales tax for your billing location out of that price. The VAT breakdown is shown on the LemonSqueezy checkout page and on the invoice you receive after payment.

10.3 Free trial

New users may receive a 7-day free trial. The trial converts automatically into a paid subscription at the end of the trial period unless you cancel beforehand. You can cancel from inside the app (Settings → Subscription) or via the LemonSqueezy customer portal.

10.4 Auto-renewal

Subscriptions renew automatically at the end of each billing period at the then-current price until you cancel. We will display the price and renewal interval before you subscribe.

10.5 EU right of withdrawal (consumers)

If you are a consumer in the EU/EEA, you normally have a 14-day right of withdrawal for online purchases under Directive 2011/83/EU. For digital services such as Pensatorium that begin immediately upon subscription, you expressly request that performance begin during the withdrawal period and acknowledge that you lose your right of withdrawal once the service is fully performed during that period (Art. 16(m) of the Directive).

10.6 Refund requests

Refund requests should be sent to pensatorium.ai@gmail.com or made through the LemonSqueezy portal. We review requests case by case in line with applicable consumer protection law.

11. Intellectual Property

All rights in the Service, including software, design, branding, and trademarks, belong to us or our licensors.

You may not copy, modify, distribute, or resell any part of the Service without prior written permission.

12. Termination

You may stop using the Service at any time and request account deletion.

We may suspend or terminate your access if:

• You violate these Terms
• Required by law
• Necessary to protect security or integrity of the Service

Upon termination, your data will be handled in accordance with our Privacy Policy. Specific data retention timelines (including a 30-day window after account deletion and 90-day server log retention) are described in the Privacy Policy.

13. Availability and Changes

We do not guarantee uninterrupted availability of the Service.

We may:

• Modify or discontinue features
• Update these Terms from time to time

Material changes will be communicated through the Service or by email at least 14 days before they take effect. Continued use after the effective date constitutes acceptance of the updated Terms.

14. Disclaimer of Warranties

The Service is provided "as is" and "as available."

To the maximum extent permitted by law, we disclaim all warranties, including:

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

15. Limitation of Liability

To the maximum extent permitted by law:

• We shall not be liable for indirect, incidental, or consequential damages
• Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim (or €0 if free)

Nothing in these Terms limits liability that cannot be excluded by law.

16. Governing Law and Jurisdiction

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

If you are a consumer residing in the EU, you may also benefit from mandatory consumer protections in your country of residence.

Courts of Portugal shall have jurisdiction, unless consumer law requires otherwise.

EU Online Dispute Resolution

If you are a consumer in the EU, you may use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr. Our contact email for disputes is pensatorium.ai@gmail.com.

17. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force.

18. Contact

If you have questions about these Terms, contact us at: