Terms Of Use (EULA)
Effective: April 28, 2026
These Terms of Use ("Terms") govern your access to and use of the application "James — Your Assistant" ("James", "App") and related services, including web, Watch and CarPlay extensions. The provider is C&P Apps Michael Knochen (contact: support@james-butler.net; full address see Imprint). By downloading, installing or using the App, you agree to be legally bound by these Terms.
1. Description of the Service
James is an AI-powered assistance app offering chat in multiple character personas, image and audio generation, deep research, interpreter and voice features and document Q&A. AI replies are generated through interfaces with third-party providers (see §10). James is not a substitute for medical, legal, financial or other professional advice.2. Eligibility
James may only be used by persons who have reached the age of 16, or who have the consent of their legal guardian. In-app purchases require legal capacity under the applicable law of your jurisdiction.3. Account and Sign-In
No registration is required to use the App. Optional features (e.g. iCloud sync, Sign in with Apple) are additionally subject to Apple's terms. You are responsible for keeping your Apple ID and iCloud credentials confidential.4. Free Tier
The free tier includes five (5) chat requests per day, served exclusively by a basic default model ("gemini-flash-lite-latest"). Premium features such as multi-character chat, image generation, deep research, podcast/video creation and live calls are not available on the free tier. We may adjust these limits to keep the service economically viable; material changes will be announced in-app.5. Subscriptions
James offers weekly, monthly and yearly subscriptions via Apple In-App Purchase. A subscription unlocks all characters, unlimited chat (subject to §7), premium voice output and a monthly Schnauzer (credit) allowance.5.1 Auto-renewal. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period in your Apple ID settings. Payment is charged to your Apple account at the start of each billing period.
5.2 Pricing. Current prices are shown in the App before purchase. We reserve the right to change prices with at least 30 days' prior notice; existing subscriptions retain their agreed price until the end of the running period.
5.3 Right of withdrawal. For digital content, the EU statutory right of withdrawal expires once delivery has begun (Sec. 356(5) German Civil Code), which for in-app purchases happens immediately upon confirmation. By placing your order you expressly consent to delivery starting before the withdrawal period ends and acknowledge that you lose your right of withdrawal as a result. Refunds are handled exclusively under the Apple App Store Terms.
6. Schnauzer (Consumable Credits)
"Schnauzer" are virtual units of account inside the App, consumed for compute-intensive features (e.g. image generation, deep research, voice calls, premium TTS). Schnauzer are not legal tender, are non-redeemable for cash, non-transferable and non-refundable once the corresponding service has been delivered. If a service fails for technical reasons we will refund the deducted Schnauzer where reasonably possible. Schnauzer packs are sold via Apple In-App Purchase (§5.3 applies analogously).7. Fair Use and Model Throttling
To protect the economic viability of the service, fair-use thresholds apply. If a paying user exceeds 50 chat turns per day or 3 million tokens processed per month, we automatically and silently switch all characters to a more cost-efficient default model. The functional scope of the App remains unchanged; only the response style or depth may differ. Thresholds reset at the start of each calendar month.8. Acceptable Use
You agree not to use James to:- create or distribute illegal, harmful, deceptive or rights-infringing content;
- generate content that sexualises minors (CSAM) — such inputs are technically blocked, reported to authorities and lead to immediate termination;
- generate hate speech, discrimination, incitement to violence or self-harm;
- process third-party personal data without their consent;
- circumvent technical safeguards (reverse engineering, scraping, automated multi-account abuse, manipulation of throttle or Schnauzer mechanisms);
- violate intellectual property rights of third parties.
9. AI-Generated Content
9.1 Ownership. We claim no proprietary copyright over your inputs or the resulting outputs. To the extent permitted by law, we assign to you any rights we may hold in the generated content, for free private and commercial use.9.2 Responsibility. You are solely responsible for reviewing, using and distributing the outputs. AI replies may be factually incorrect, outdated, biased or fabricated ("hallucination"). Do not make medical, legal, financial or safety decisions based solely on AI output.
9.3 Originality. Generated content may unintentionally resemble copyrighted works. Before any commercial use you are responsible for performing your own clearance check.
10. Third-Party AI Providers
James forwards your inputs to external AI providers for processing, currently including OpenAI Inc., Google LLC, Anthropic PBC, xAI Corp., DeepSeek, Replicate Inc. and Black Forest Labs GmbH. The model in use depends on the selected character, the feature and your tier. The respective providers' privacy and usage terms apply additionally. For details on data processing see our Privacy Policy.11. Availability, Outages, Changes
We aim for high availability but do not guarantee uninterrupted service. Maintenance, model migrations, regulatory changes or outages at third-party providers may temporarily or permanently restrict individual features. We reserve the right to evolve, replace or discontinue features.12. Termination
12.1 By you. You can stop using the App at any time by uninstalling it. Active subscriptions must be cancelled separately in your Apple ID settings.12.2 By us. We may suspend or terminate access in the event of material breaches of these Terms, abuse of the service, or to comply with legal obligations. In case of a termination caused by abuse, any remaining Schnauzer balance may be forfeited.
13. Limitation of Liability
We are liable without limitation for intent and gross negligence, for damages from injury to life, body or health, and under the German Product Liability Act. For ordinary negligence we are liable only for the breach of material contractual obligations whose performance is essential to the proper execution of the contract and on whose observance you may regularly rely, and only up to the foreseeable, contract-typical damage. Beyond that — in particular for indirect damages, loss of profit, data loss, or damages arising from the use of AI output — liability is excluded to the extent permitted by law.14. No Warranty
James is provided "as is". We make no representations as to accuracy, completeness, timeliness, fitness for a particular purpose or non-infringement of third-party rights. Mandatory consumer protection law (in particular Sec. 327 et seq. German Civil Code) remains unaffected.15. Privacy
Which personal data is processed for which purpose — including transfers to third-party AI providers — is described in the Privacy Policy, which is part of these Terms.16. Consumer Information and Dispute Resolution
The European Commission provides an Online Dispute Resolution platform: ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.17. Governing Law and Jurisdiction
These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers residing in the EU, mandatory consumer protection rules of their country of residence remain unaffected. The place of jurisdiction for merchants is the provider's seat.18. Changes to these Terms
We may update these Terms when legal, technical or business developments require it. Material changes will be announced in-app at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.19. Final Provisions
If any provision of these Terms is found invalid, the remaining provisions remain in full force. The invalid provision will be replaced by the applicable statutory rule. These Terms constitute the entire agreement between you and us regarding James.20. Contact
For questions about these Terms reach us at support@james-butler.net. Full provider details are listed in the Imprint.