Terms of Use

NAIARA AI — Virtual Assistant Application powered by Artificial Intelligence — Version 3.0

1. Company details and points of contact

NAIARA AI, S.L. (hereinafter, "NAIARA AI"), with tax ID B70751045, has its registered office at C/ Historiador Joan Mari Cardona 6, Esc. 2, Fl. 0, Door D, 07800 Eivissa (Illes Balears), Spain. NAIARA AI owns the application that provides users with more than 61 specialised artificial intelligence virtual assistants, with new assistants being added continuously. Points of contact:

Function / Email / Subject line to use / Languages General and commercial enquiries — info@naiara.com — General enquiry — ES, EN GDPR rights / Privacy — info@naiara.com — Privacy – [Your right] — ES, EN Subscription / billing / trial — info@naiara.com — Subscription – [Your subject] — ES, EN DSA Art. 11 point of contact (authorities) — info@naiara.com — DSA – Authority — ES, EN DSA Art. 12 point of contact (users) — info@naiara.com — DSA – Report — ES, EN Report illegal content — info@naiara.com — DSA Art. 16 Report — ES, EN

Internally, NAIARA AI handles these functions through separate inboxes that guarantee the operational separation required by the GDPR and the DSA. Response times: one month for GDPR rights (Art. 12.3 GDPR); a reasonable and diligent period for DSA reports (Art. 16 DSA).

2. Acceptance of these Terms

Access to and use of the Application are subject to these Terms of Use and to NAIARA AI's Privacy Policy. Before first use, the user must expressly confirm, through an active opt-in mechanism, (a) that they are over 18 years of age, providing their date of birth, and (b) that they have read and accept both documents. Do not install or use the Application if you have not read and accepted the Terms in force. NAIARA AI reserves the right to modify these Terms, stating the date of the last modification. By continuing to use the Application after a modification, you accept the conditions in force. For substantial modifications (data processing, monetisation, prices, minimum age, trial structure), renewed active consent will be required from the user, with a minimum of 30 calendar days' notice in accordance with Art. 7.3 GDPR. The Application is available worldwide except in: Belarus, North Korea, Cuba, Iran, Russia, Syria and Sudan. Integrated third-party services (Google Gemini API) may be subject to additional restrictions. These Terms are offered in Spanish and English. In the event of any discrepancy, the Spanish version prevails, unless the user's local law mandatorily provides otherwise.

3. Age requirement — 18 years — and effective verification

NAIARA AI is a service exclusively for people over 18 years of age, in any jurisdiction of use. NAIARA AI does not allow access to anyone under 18 under any circumstances, not even with parental consent. Age verification mechanism: on registration, the user must (a) enter their date of birth (day, month and year); (b) tick the checkbox confirming they are of legal age; (c) tick the checkbox accepting the Terms and the Privacy Policy. If the date of birth provided indicates an age below 18, the system will block registration and account creation. NAIARA AI applies additional measures to detect unauthorised access by minors: monitoring of anomalous usage patterns, a persistent marker on the device after a previous block, and human review in suspicious cases. NAIARA AI reserves the right to require additional documentary verification where there are reasonable grounds to do so.

4. Description of the service and affiliate disclosure

NAIARA AI provides virtual assistants powered by Google artificial intelligence models (Gemini API): conversations on any topic within legal limits, shopping recommendations with affiliate links, technical assistance, guidance on fitness, food, wine, news, and many other specialised domains. YOU ARE INTERACTING WITH ARTIFICIAL INTELLIGENCE SYSTEMS, NOT WITH HUMAN BEINGS. Responses may contain errors, omissions or outdated information. For critical decisions (health, finance, legal matters) always consult a qualified professional. Affiliate disclosure. NAIARA AI participates in affiliate programmes with Amazon Associates, Awin (with multiple advertisers including Decathlon, JD Sports, El Corte Inglés, Leroy Merlin, ManoMano, Brico Depôt and PcComponentes), Tradedoubler (MediaMarkt, Phone House) and Tradeinn's own programme. When you make a purchase through the links provided by the assistants, NAIARA AI may receive a commission at no additional cost to you.

5. Compliance with the European Artificial Intelligence Regulation

NAIARA AI complies with Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence (AI Act). In particular: – Transparency (Art. 50 AI Act): the user is clearly informed that they are interacting with an AI system. Each assistant explicitly identifies its artificial nature. – General-purpose AI system: the underlying models (Gemini) are general-purpose AI systems within the meaning of Art. 51 AI Act, managed by Google. NAIARA AI acts as a deployer within the meaning of Art. 26 AI Act, integrating the models for specific use cases. – Special categories: NAIARA AI does not use prohibited practices (Art. 5 AI Act), does not apply social scoring or subliminal manipulation, does not perform facial recognition in public spaces, and does not infer emotions in workplace or educational contexts. – Limited risk: the assistants are limited-risk AI systems within the meaning of Art. 50 AI Act. Their outputs are identified as AI-generated content where appropriate.

6. Illegal content notification mechanism (DSA Art. 16)

In accordance with Regulation (EU) 2022/2065 on Digital Services (DSA), NAIARA AI provides a mechanism for reporting potentially illegal content generated by the assistants or shared by users. To report: send an email to info@naiara.com with the subject "DSA Art. 16 Report" stating: (a) identification of the reported content (URL, screenshot, conversation ID); (b) the reason for the report; (c) your contact details; (d) a good-faith statement as to the accuracy of the report. NAIARA AI will assess the report and communicate a reasoned decision to the notifier. Decisions may be challenged through the free internal procedure or before an authorised out-of-court dispute settlement body.

7. Licence of use

NAIARA AI grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the Application for personal, non-commercial purposes, subject to compliance with these Terms. This licence terminates automatically when the account is cancelled or blocked by NAIARA AI.

8. Your Content

You retain ownership of all content you provide (text, voice, images, documents). You grant NAIARA AI a limited, worldwide, royalty-free licence to process that content for the sole purpose of providing the service (generating responses, computing recommendations, improving the application), in accordance with the Privacy Policy. The following is prohibited: providing content that infringes third-party rights (copyright, trade marks, privacy); attempting to manipulate the assistants in order to bypass safety filters; using the Application for harassment, fraud, defamation or any unlawful activity; attempting to train or distil NAIARA AI's models; using copyright-protected material as input without the rights holder's authorisation.

9. Premium subscription, free trial and Token system

9.1. Freemium model with free trial

NAIARA AI is free to download. After registration and age verification, the user must start the NAIARA AI Premium subscription in order to access the service. The first subscription automatically includes a free trial period of 7 calendar days, during which the user enjoys full access to the service at no cost.

9.2. 7-day free trial — How it works

The trial period is managed through the Apple App Store Introductory Offer or the Google Play Billing Free Trial Offer, depending on the store you downloaded the application from. This means that: Payment method registered at the start. When starting the free trial, the user must register a valid payment method (card, Apple Pay, Google Pay, etc.) through Apple's or Google's native screen. No charge will be made during the 7 days of the trial. Automatic charge on day 8. If the user does not cancel the subscription before the end of the trial period, Apple or Google will automatically make the first charge of EUR 2.99 (VAT included) on day 8, and the subscription will renew monthly from that date. Cancel at any time, in a single tap. The user may cancel the subscription during the trial period at no cost from: (a) on iOS: Settings → [Your name] → Subscriptions → NAIARA AI Premium → Cancel; (b) on Android: Google Play → Menu → Subscriptions → NAIARA AI Premium → Cancel. NAIARA AI does not handle cancellations directly, as the subscription is intermediated by Apple or Google. Continued access until the end of the period. If the user cancels during the trial, they keep full access until the end date of the period. No charge is made. Reminders. NAIARA AI sends up to three informational notifications (days 4, 6 and 7) about the status of the trial. These notifications do not constitute commercial pressure and only inform the user of the time remaining and how to cancel. Apple/Google also send their own regulatory reminders. Eligibility — one trial per Apple/Google account. The trial period is available only to new subscribers. Apple and Google enforce this criterion at account level (Apple ID or Google Play account), preventing the same user from obtaining multiple free trials by creating additional accounts in the application. NAIARA AI applies additional anti-abuse measures (hashing of account identifiers) described in the Privacy Policy. Re-eligibility after 90 days of inactivity. If a user who has already used their initial trial remains inactive in the application for 90 consecutive days (without opening the application or interacting with the assistants), they may obtain a new 7-day free trial when subscribing again, in accordance with the stores' eligibility rules.

9.3. NAIARA AI Premium subscription after the trial

Price: EUR 2.99/month (VAT included). In Spain, this price includes the applicable 21% VAT. For users in other EU countries, the price may vary according to local VAT; the final total price will be clearly shown before confirming the purchase. Prices may vary by region and by the conditions of each app store. Premium features: full access to more than 61 specialised assistants; a monthly token allowance equivalent to the ordinary usage cap; token top-ups available when needed (Empujoncito and Full Pack, Sec. 9.5); token rewards for affiliate purchases (Sec. 9.6); an ad-free experience; new features added to the Premium plan.

9.4. Token system — monthly allowance and thresholds

How it works. Each interaction with an assistant consumes tokens according to the complexity and length of the message. Premium users have a monthly allowance calculated to cover ordinary use of the service, roughly equivalent to the cost of about 500 to 1,000 medium-length interactions (this figure is indicative and depends on the type of interaction). Warning thresholds. As the user consumes their allowance, the application shows non-blocking warnings from 80% consumption and persistent warnings from 95%. On reaching 100% of the allowance, the application shows a three-option dialogue (described in Sec. 9.5) that allows the user to continue intensive use or wait for the monthly reset at no additional cost. Waiting for the reset is always a free option. Monthly reset. The allowance renews automatically each month on the anniversary date of the subscription (not on a uniform calendar date for all users). Tokens not consumed at the end of the month do not carry over to the following period.

9.5. Token top-ups — Empujoncito and Full Pack

If the user needs to continue using the service before the monthly reset, two one-off top-up options are available through in-app purchases (Apple In-App Purchase / Google Play Billing). These purchases are optional and do not affect the monthly subscription.

Product / Price / Tokens added / When it appears Empujoncito (one-off top-up) — EUR 0.99 (VAT incl.) — 70,000 tokens (~75 interactions) — Only when there are 7 days or fewer until the monthly reset AND the user has consumed 95%+ of the allowance. Maximum one purchase per monthly cycle. Full Pack (standard top-up) — EUR 2.99 (VAT incl.) — 200,000 tokens (~250 interactions) — Available when the user reaches 100% of the allowance. It can be purchased several times per cycle if necessary.

The Empujoncito is a courtesy option designed for users approaching the end of the monthly cycle who do not wish to buy the Full Pack. Waiting for the reset is always free. The end-of-allowance dialogue presents the three options (Empujoncito, Full Pack, Wait) with the same visual prominence, without coercive design patterns.

9.6. Bonus tokens for affiliate purchases

When the user makes a purchase through NAIARA AI's affiliate links and the affiliate network effectively confirms the commission (which may take up to 90 days on some networks), NAIARA AI grants the user bonus tokens under the following rule: 500 tokens for every EUR 1 of net confirmed commission for NAIARA AI, with a maximum of 50,000 bonus tokens per user per calendar month. Bonus tokens are added to the current month's allowance and follow the same rules: they do not carry over to the following month, they cannot be exchanged for money, and they are not transferable. If the commission is subsequently cancelled (product return, detected fraud), the corresponding tokens may be reversed.

9.7. Payments and processing

All payments (monthly subscription, Empujoncito, Full Pack) are processed exclusively by Apple In-App Purchase (App Store) or Google Play Billing (Play Store), depending on the user's operating system. NAIARA AI does NOT collect or store payment data (cards, IBANs, etc.). Apple Inc. and Google LLC are responsible for processing in accordance with their own policies. Fraudulent, stolen or unauthorised payment is prohibited, as is abusing trial periods, discounts or promotions by creating multiple accounts or by other means. Detection of such conduct will result in suspension of the account. Uninstalling the application does NOT cancel the subscription.

9.8. Automatic renewal and contractual confirmation

The subscription renews automatically at the start of each monthly period, unless cancelled beforehand. To avoid renewal, the user must cancel at least 24 hours before the end of the current period from the operating system's subscription settings (Apple/Google), not from the application. Contractual confirmation on a durable medium (Art. 98.7 TRLGDCU): after the first effective charge (day 8 if the trial was not cancelled), NAIARA AI will send by email a contractual confirmation that includes: (a) a summary of the contract; (b) these Terms in PDF; (c) the Privacy Policy in PDF; (d) information on the right of withdrawal and the withdrawal form; (e) contact details.

9.9. Right of withdrawal (14 days)

For users in the EU, EEA, United Kingdom and Switzerland: you have a right of withdrawal of 14 calendar days from the date of the first effective charge (Arts. 102-108 TRLGDCU; Directive 2011/83/EU), regardless of any prior free trial period. To exercise it, write to us at info@naiara.com within the time limit, using the form included at the end of these Terms. Limitation due to use. If during the withdrawal period you have consumed more than 50% of the monthly token allowance or have used more than 50 cumulative hours of interaction with the assistants, NAIARA AI may refuse the refund or reduce it in proportion to actual use, in accordance with Art. 108.3 TRLGDCU. Refunds via App Store / Play Store. Because of the payment method chosen, Apple or Google handle refunds according to their own policy. This does not affect your statutory right of withdrawal, which NAIARA AI will always respect regardless of the payment channel. No refunds are issued if the account was blocked for breach of these Terms.

9.10. Memory Mode after cancellation or expiry

If the user cancels their subscription during the trial period or after moving to Premium, on expiry of the paid period the user automatically enters Memory Mode, a very limited form of access to the service designed as a route back in the future. Memory Mode is free and consists of: – Access to a single assistant: the one the user used most during their Premium or trial period (determined automatically by the number of interactions per assistant). The other assistants are locked with an indicative visual icon. – Ten messages per calendar month with that single assistant. On reaching the limit, the application shows a dialogue inviting the user to reactivate the subscription. – Data retention. The user's profile and the memory of the chosen assistant are retained indefinitely, subject to the user's rights under the GDPR (including the right to erasure under Art. 17). Data from the other assistants is also retained, but the user cannot access it until the subscription is reactivated. – Reactivation at any time. The user may subscribe again to NAIARA AI Premium at any time from within the application, recovering full access and all the assistants' memories. Reactivation is at the normal price (EUR 2.99/month) with no new trial period, unless the 90-day re-eligibility period described in Sec. 9.2 has elapsed. – Voluntary deletion. If the user prefers not to continue in Memory Mode, they may request deletion of their account at any time from Settings → Privacy → Delete account, in accordance with the right to erasure under Art. 17 GDPR.

9.11. Changes to prices and token features

NAIARA AI may modify (with a minimum of 15 calendar days' notice by email and in-app notification): the subscription price, top-up prices, the monthly token allowance, the cost per interaction, the tokens granted as affiliate bonuses, the Empujoncito eligibility rules, and the Memory Mode rules. Modifications apply from the following billing period. If you continue using the Application after the modification, you accept the new conditions. If not, you may cancel before they take effect. Tokens have no monetary value, are not transferable, are non-refundable and cannot be exchanged for money. If you cancel your account, any pending tokens are lost.

10. Rules for using the Application

As a NAIARA AI user, you undertake to: • Use the Application in accordance with the law, morality, public order and these Terms. • Not use the Application for unlawful purposes, purposes harmful to third-party rights, or purposes that could damage NAIARA AI's image or interests. • Not attempt to access, modify or manipulate restricted areas of the Application or its systems. • Not introduce viruses, malware, harmful code or any mechanism that could damage the Application or its users. • Not reverse engineer, decompile, disassemble or attempt to extract the source code of the Application. • Not use bots, scrapers or automated means to access the service. • Not attempt to train your own or third-party AI models using the outputs of NAIARA AI's assistants. • Respect other users and support staff; abuse, harassment or seriously offensive language may result in account suspension. • Provide truthful information when registering and keep it up to date. • Comply with the stores' rules (Apple App Store, Google Play) in relation to in-app purchases.

11. Liability

Informational nature of the assistants. The assistants' responses are indicative and may contain errors. For health, financial, legal, tax, professional or safety decisions, always consult a qualified human professional. NAIARA AI accepts no liability for decisions taken solely on the basis of the assistants' responses. Limitation of liability. Save in cases of wilful misconduct or gross negligence, and without prejudice to the consumer's mandatory statutory rights, NAIARA AI's total liability towards the user in any circumstance is limited to the amount actually paid by the user during the twelve (12) months preceding the event giving rise to the claim. Causes beyond our control. NAIARA AI will not be liable for causes beyond its control: errors or omissions by third parties (including Google Gemini API, Apple, Google Play, affiliate networks), connectivity failures, temporary unavailability of the service due to maintenance or security, or force majeure.

12. Intellectual property

NAIARA AI is the legitimate owner of all rights in the Application, including software, design, trade marks, assistant names, system prompts, integrations, editorial content and other elements. Reproduction, distribution, modification, decompilation, reverse engineering or any unauthorised use of these elements is prohibited.

13. Termination

NAIARA AI may suspend or terminate your account in the event of breach of these Terms, abusive or fraudulent conduct, unlawful use, or a legitimate decision to discontinue the service. The user may cancel their subscription and/or delete their account at any time from Settings. Termination does not affect outstanding payment obligations or data subject to legal retention.

14. Governing law and jurisdiction

These Terms are governed by Spanish law and applicable European legislation. For any dispute that may arise, the parties submit to the Courts and Tribunals of Eivissa (Illes Balears, Spain), unless the user's mandatory consumer protection legislation provides for a different forum. European online dispute resolution platform: https://ec.europa.eu/consumers/odr.

15. Accessibility (European Accessibility Act)

NAIARA AI recognises the importance of Directive (EU) 2019/882 (European Accessibility Act, EAA), applicable from 28 June 2025. As a micro-enterprise with fewer than 10 employees and annual turnover below EUR 2 million, NAIARA AI currently relies on the exemption provided in Art. 4.5 of the Directive, but undertakes to progressively implement accessibility measures (screen reader compatibility, contrast, configurable font size, keyboard navigation in the web version) as the organisation grows.

16. Miscellaneous provisions

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between the parties. Severability. If any clause is held invalid or unenforceable, the remainder will continue in force. No waiver. Failure to enforce a right does not imply its waiver. Assignment. NAIARA AI may assign these Terms to legal successors or acquirers with prior notice.

17. Withdrawal form

Model annex (not mandatory) — Directive 2011/83/EU. Send it to info@naiara.com: "For the attention of NAIARA AI, S.L. (info@naiara.com): I hereby give notice that I withdraw from my subscription contract for the NAIARA AI Premium service. Date of the first effective charge: [_____]. Consumer's name: [_____]. Email associated with the account: [_____]. Date of this communication: [_____]. Consumer's signature (only if sent on paper): [_____]."

NAIARA AI, S.L. — Eivissa, Illes Balears, Spain — Terms of Use Version 3.0 — 10 May 2026 — Supersedes and renders version 2.2 without effect.