DSA Terms and Conditions

Article 1. Purpose. These Terms and Conditions supplement the Terms of Service and implement the obligations of the Provider arising from Regulation (EU) 2022/2065 (Digital Services Act, "DSA"), in particular Article 14 (terms and conditions, notice-and-action mechanisms) and Article 28 (protection of minors). They apply to all users of the Service within the European Union and serve as the universal standard for users worldwide. The Provider within the meaning of these Terms is Petr Fojtách (IČO 74125770), sole trader with registered seat at Dlouhá 3403/2b, 702 00 Ostrava-Moravská Ostrava, registered under Czech law, contact: hello@dearmyai.com.

Article 2. Restrictions on content and use. It is prohibited to use the Service: (a) if the user is under 18 years of age; (b) to create, request, or distribute content that is illegal under Union law or the law of any Member State, including content concerning the sexual abuse or sexualisation of minors, content inciting violence or hatred, content constituting illegal discrimination, and content infringing intellectual property rights; (c) to create sexual or romantic content concerning real, identifiable persons, which is in all cases prohibited; (d) to circumvent the age restriction or any technical protective measure. The policy of the Provider is that the Service contains no content involving minors of any kind.

Article 3. Notice-and-action mechanism (DSA Art. 16). Any person may notify the Provider of alleged illegal content appearing in the Service by writing to hello@dearmyai.com with the subject line "Legal content notice". A notice must contain: (a) a sufficiently substantiated description of the alleged illegal content; (b) the location of that content in the Service (for example the account or conversation reference); (c) the name and email address of the notifying person; (d) a statement of good faith belief that the information is accurate and complete. The Provider will process notices without undue delay and act within a reasonable time under Art. 16(6) DSA.

Article 4. Statement of reasons (DSA Art. 17). Where the Provider restricts content or access (including suspension or termination of an account) on the ground that the content is illegal or breaches these Terms, the Provider informs the affected user by electronic message, giving a clear statement of reasons containing at minimum: the facts and circumstances, the legal or contractual ground, whether the restriction concerns illegal content or a breach of terms, the possibility of an internal complaint, if available redress out of court, and the duration of the restriction.

Article 5. Internal complaint-handling system (DSA Art. 20). Any recipient of a statement of reasons under Article 4 may lodge an internal complaint free of charge within six months, by writing to hello@dearmyai.com with the subject line "Internal complaint". The complaint is reviewed by a person qualified and not under the direct authority of the decision-maker, who was not involved in the original decision. The review is not automated, so far as technically possible. The Provider informs the complainant of the outcome without undue delay, including information on further redress.

Article 6. Out-of-court dispute settlement (DSA Art. 21). If an internal complaint is rejected, the complainant may seek out-of-court dispute settlement before a certified out-of-court dispute settlement body. The Provider will cooperate in good faith and bear the costs attributable to it, in accordance with Art. 21 DSA.

Article 7. Protection of minors (DSA Art. 28). The Service is designed for adults and applies a high level of privacy, safety, and security for any person who, despite the restriction, may be a minor. For this reason: (a) the Service applies an age gate with self-declaration of age at minimum; (b) no content directed at minors and no content attractive to minors is offered; (c) advertisements involving sensitive personal data targeting, and other advertisements on the basis of profiling using special categories of personal data, are not displayed (DSA Art. 26 and 28(2)); (d) any indication that a user is a minor triggers immediate review and termination of the account under the Terms of Service. The Provider reassesses the appropriateness of these measures at reasonable intervals, having regard to emerging risks and available age-assurance technology.

Article 8. Automated moderation. Automated systems may flag indications of minors or illegal content for review. Automated tools are used as a first filter; decisions concerning a user's access are reviewed by a human, so far as technically possible, and are subject to the complaint mechanism of Article 5.

Article 9. Data protection in moderation. Moderation records are limited to what is necessary (metadata and logged indicators relevant to the moderation decision) and do not include reading of the content of private conversations except where strictly necessary for the handling of a notice or a legal obligation, and only in the minimum scope required.

Article 10. Contact. hello@dearmyai.com