0 VACATION – TERMS OF SERVICE

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”) and SHROOM GAMES DEVELOPMENT LTD, a company incorporated under the laws of Cyprus with its registered office at Evagorou 27, Irene Building, 4th Floor, Office 44, Trypiotis, Nicosia, 1066, Cyprus (“Company”, “we”, “us”, or “our”), governing your access to and use of the 0 Vacation platform (the “Service”).

By accessing or using the Service, including via the 0Vacation Telegram Mini App, you acknowledge that you have read and understood these Terms and agree to be legally bound by them. If you do not agree to these Terms, you must not access or use the Service.

1. Definitions

For purposes of these Terms:

•“Service” or “Platform” means the 0Vacation AI‑powered website generation and management platform, including the Telegram Mini App and any related web interfaces, tools, APIs, templates and documentation provided by the Company.

•“Account” means an account associated with your Telegram user ID that enables you to access and use the Service.

•“User Website” means any website, project or web application created, generated, hosted or managed through the Service.

•“User Content” means any content, including text, images, media, code, data and links, that you or your end users submit, upload, generate with or publish via the Service, including content generated or assisted by AI.

•“Third‑Party Services” means services provided by third parties that integrate with or are used by the Service, including:

•AI providers (such as OpenAI, Anthropic, Google Gemini, v0 and others),

•infrastructure and hosting providers (such as Railway),

•domain registrars and resellers (such as OpenProvider),

•payment providers (such as Telegram Crypto Bot), and other partners.

•“Free Plan” means any limited, no‑fee plan of the Service made available by the Company.

•“Pro Plan” or “Paid Subscription” means any paid subscription plan of the Service.

2. Eligibility

The Service is intended for users who are at least eighteen (18) years old. By using the Service, you represent and warrant that you: (a) are at least 18 years of age; (b) have the legal capacity to enter into a binding contract; and (c) will use the Service in compliance with these Terms and all applicable laws.

If you are using the Service on behalf of a legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, and in such case, “you” and “User” will refer to that entity.

3. Accounts, Telegram Login and Security

3.1 Telegram‑based access

The Service is accessed via a Telegram Mini App and may also be available through related web interfaces. When you first launch the 0 Vacation Telegram Mini App, we automatically create an Account for you based on information we receive from Telegram.

3.2 Information received from Telegram

Subject to Telegram’s own terms and privacy policy, we may receive certain information associated with your Telegram account, such as your Telegram user ID, username, display name, profile photo and language settings, which we use to identify your Account and provide the Service. We may also collect usage data relating to your use of the Service, including created projects, websites and technical logs.

3.3 Account responsibility

You are solely responsible for:

•maintaining the security and confidentiality of your Telegram account and any devices you use to access the Service;

•all activities that occur under your Account;

•ensuring that your use of Telegram and the Service complies with these Terms and applicable laws.

If you believe that your Telegram account or your access to the Service has been compromised, you must notify us promptly using the contact details provided in the Service.

3.4 Account deletion

You may request deletion of your Account through the Service where available, or by contacting us at team@0vacation.com. Deleting your Account may permanently remove your User Websites and User Content from our systems, subject to our data retention obligations and the separate terms of any Third‑Party Services (for example, a domain registrar may continue to manage a domain registered in your name).

We may also suspend or delete your Account as described in Section 11 (Enforcement and Termination).

4. Description of the Service

The Service is an AI‑powered platform that enables users to design, generate, publish and manage User Websites. The Service may include, without limitation:

•AI‑based website and content generation;

•content editing and customization tools;

•templates and design tools;

•hosting infrastructure for User Websites;

•domain registration and management via Third‑Party providers;

•integrations with external services and APIs.

The Company acts solely as:

•a technology provider;

•a hosting provider;

•an intermediary and reseller of Third‑Party Services (such as domain registration and AI services).

We do not control, and are not responsible for, the terms, performance, availability or data handling practices of Third‑Party Services, which are governed by their own terms and policies.

5. Service Plans, Subscriptions and Payments

5.1 Plans

We may offer different plans, including Free Plans and Pro Plans, with different features, usage limits, pricing and eligibility requirements as described in the Service or on our website. We may modify, introduce or discontinue plans, features or pricing at any time.

5.2 Free Plan conditions and inactivity

Access to any Free Plan is subject to technical and usage limitations, which may include feature restrictions, generation limits, hosting limits and publishing restrictions. We reserve the right to remove or delete User Websites or projects on Free Plans that remain inactive (for example, not edited, generated or published) for more than three (3) consecutive months, without any obligation to back up or restore such content.

5.3 Paid Subscriptions and auto‑renewal

Paid Subscriptions to Pro Plans are billed on a recurring basis in advance (for example, monthly) via Third‑Party payment providers such as Telegram Crypto Bot. Subscriptions will automatically renew for the same billing period at the then‑current price unless you cancel before the end of the current billing period, using the cancellation mechanisms provided in the Service or by the relevant payment provider.

5.4 Payments, taxes and payment failures

All fees are payable in the currency, amounts and at the rates specified at the time of purchase, and may be subject to applicable taxes (such as VAT or sales tax), which you are responsible for paying. Payment processing is handled by Third‑Party payment providers, and we do not store your full payment credentials.

If a payment cannot be collected (for example, due to insufficient funds or technical issues), we may, after a short grace period (if any), suspend or downgrade your Pro Plan and restrict access to associated features until payment is successfully processed.

5.5 No refunds

All fees, including subscription fees, are non‑refundable and non‑cancellable, except where a refund is required by applicable law. The Service is deemed delivered once access to the relevant Pro Plan features has been made available for the applicable billing period.

6. Domains and Third‑Party Domain Services

The Service may allow you to register, connect or manage domain names for your User Websites through Third‑Party domain registrars or resellers, such as OpenProvider. When you purchase, connect or manage a domain through the Service:

•the domain is registered in your name or in the name of the person or entity you designate, subject to the registrar’s terms and policies;

•you authorize us to collect and transmit the necessary registration data to the registrar or reseller;

•you acknowledge that the registrar’s and reseller’s terms, policies and pricing apply in addition to these Terms.

We do not control and are not responsible for:

•domain availability or successful registration;

•domain allocation or refusal by a registrar;

•WHOIS data accuracy, privacy or disclosure;

•domain suspension, expiration, renewal, transfer, loss or disputes;

•any actions or omissions of domain registrars or resellers.

You are solely responsible for keeping your domain registration information accurate and up to date, for renewing your domains on time, and for complying with the applicable registrar policies.

7. Hosting and Availability

We provide hosting for User Websites through our own infrastructure and Third‑Party hosting providers such as Railway. The Service and your User Websites are provided on an “as is” and “as available” basis. We do not guarantee that the Service will be uninterrupted, error‑free, secure, or available at all times.

Maintenance, updates, changes to the Service, failures of Third‑Party Services, network or infrastructure outages, cyberattacks or other events may result in downtime, delays, failures or loss of data. You are responsible for maintaining appropriate backups of your User Content where necessary for your business.

8. User Content, User Websites and Intellectual Property

8.1 Ownership of User Content and User Websites

As between you and the Company, you retain all rights, title and interest in and to your User Content and User Websites, including any content you upload, submit or generate through the Service.

8.2 License to the Company

By submitting, uploading, generating with or publishing User Content via the Service, you grant the Company and its hosting and infrastructure providers a worldwide, non‑exclusive, royalty‑free, sublicensable and transferable license to host, store, reproduce, modify, display, process, distribute and otherwise use your User Content and User Websites solely as necessary to:

•operate, provide and maintain the Service;

•host, serve and publish your User Websites;

•secure, back up and restore data;

•monitor, support and improve the Service, including through aggregated or de‑identified analytics.

You represent and warrant that you have all rights, licenses and permissions necessary to grant this license and that your User Content does not infringe any third‑party rights or violate applicable laws.

8.3 Company Intellectual Property

The Service, including all software, technology, design tools, templates, documentation, trademarks and other materials provided by the Company (excluding User Content), is owned by the Company or its licensors and is protected by intellectual property laws. Except as expressly permitted by these Terms or by written authorization from the Company, you may not:

•copy, modify, adapt, translate or create derivative works based on the Service;

•reverse engineer, decompile, disassemble or attempt to derive the source code of any part of the Service;

•resell, sublicense, rent, lease or exploit the Service for commercial purposes beyond the normal use of the platform to host your own User Websites.

9. AI Services and Limitations

9.1 Use of AI providers

The Service integrates AI‑powered features provided by Third‑Party AI providers, which may include OpenAI, Anthropic, Google Gemini, v0 and others from time to time. These features may generate or assist in generating text, images, layouts, design elements, code and other content for your User Websites.

9.2 No guarantee of uniqueness, accuracy or legality

AI‑generated outputs may be inaccurate, incomplete, biased, offensive, misleading or similar to content generated for other users. We do not guarantee that any AI‑generated content will be:

•unique or original;

•free from infringement of intellectual property or other rights;

•compliant with any laws, regulations or industry standards;

•suitable for any particular purpose or audience.

AI outputs do not constitute legal, financial, medical or other professional advice.

9.3 Your responsibility for AI outputs

You are solely responsible for reviewing, editing, verifying and approving any AI‑generated content before using or publishing it. You assume all risks associated with your use of AI outputs, including compliance with all applicable laws, regulations and third‑party rights.

9.4 Data sharing with AI providers

To provide AI features, we may send portions of your prompts, User Content and related data to Third‑Party AI providers, subject to their own terms and privacy policies. We do not control and are not responsible for how such providers may process your data in accordance with their terms.

10. Acceptable Use Policy

You agree not to use the Service or any User Website to:

•engage in any unlawful, fraudulent, deceptive or harmful activity;

•host, publish or distribute content that is illegal, defamatory, obscene, hateful, harassing, threatening, discriminatory or otherwise objectionable;

•infringe, misappropriate or violate any intellectual property, privacy, publicity or other rights of any person or entity;

•distribute malware, viruses, spyware, phishing schemes or other malicious code;

•send spam or unsolicited communications, or engage in network or platform abuse;

•attempt to circumvent, probe, scan or breach any security or technical limitations of the Service;

•reverse engineer, scrape or access the Service in an automated manner, except as expressly allowed by the Company.

You are responsible for all content and activities on your User Websites, including those of your end users and visitors.

11. Enforcement, Moderation and Takedowns

We may, at our sole discretion and without prior notice:

•remove, modify or block access to any User Content;

•unpublish or disable any User Website or project;

•suspend or terminate your Account or access to the Service;

if we reasonably believe that:

•you have violated these Terms or applicable law;

•your User Content or User Website is illegal, harmful, fraudulent, deceptive or otherwise unacceptable;

•your use of the Service may expose us or any third party to harm, liability, security risks or reputational damage;

•we are required to do so by law, court order or governmental request.

We may provide mechanisms for submitting complaints or notices (including alleging intellectual property infringement) and may act on such notices at our discretion, which may include removing or disabling access to allegedly infringing content.

12. Data Processing and Third‑Party Integrations

The Service relies on integrations with Third‑Party Services (including AI providers, domain registrars, hosting providers and payment processors). By using such integrations, you authorize us to share the data necessary for those Third‑Party Services to operate (for example, domain registration data, payment information, prompts for AI generation).

We do not control and are not responsible for:

•the availability, performance or security of Third‑Party Services;

•their terms of use, privacy policies or data handling practices;

•any acts or omissions of such third parties.

For more information on how we process personal data, please refer to our Privacy Policy, which forms part of these Terms.

13. Beta Features

From time to time, we may make certain features, services or integrations available as alpha, beta or pre‑release features (“Beta Features”). Beta Features are provided “as is” and “as available”, without any warranties or commitments, may be subject to additional rules or limitations, and may be modified, limited or discontinued at any time.

You use Beta Features at your own risk, and we shall have no liability arising from or relating to your use of any Beta Features, to the maximum extent permitted by law.

14. Limitation of Liability

To the maximum extent permitted by applicable law, the Company and its affiliates, officers, directors, employees, agents and suppliers shall not be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, including loss of profits, revenue, business opportunities, goodwill or data, arising out of or in connection with your use of or inability to use the Service, User Websites, AI outputs or any Third‑Party Services, even if we have been advised of the possibility of such damages.

In any event, our total aggregate liability arising out of or relating to the Service, these Terms or any subject matter hereof shall not exceed the total fees paid by you to the Company for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms shall exclude or limit any liability that cannot be excluded or limited under applicable law (for example, liability for gross negligence or wilful misconduct, or for certain consumer protection rights), and any such mandatory rights shall remain unaffected.

15. Indemnification

You agree to indemnify, defend and hold harmless the Company and its affiliates, officers, directors and employees from and against any and all claims, demands, complaints, actions, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to:

•your use of the Service or any User Website;

•your User Content;

•your violation of these Terms or any applicable law or regulation;

•any dispute between you and your own customers, end users or visitors to your User Website.

16. Force Majeure

We shall not be liable for any failure or delay in the performance of our obligations under these Terms to the extent caused by events beyond our reasonable control, including but not limited to failures of the internet or telecommunications networks, infrastructure failures, power outages, cyberattacks, acts of God, natural disasters, war, terrorism, civil unrest, strikes, pandemics, government actions or failures of Third‑Party Services.

17. Term and Termination

These Terms apply from the moment you first access or use the Service and continue until terminated by you or by us in accordance with this Section.

We may suspend or terminate your access to the Service or your Account, in whole or in part, at any time and for any reason, including for any violation of these Terms or if we discontinue the Service. You may stop using the Service at any time and may delete your Account where such option is provided.

Upon termination or suspension for any reason:

•your right to access and use the Service will cease;

•your User Websites may be disabled, unpublished or deleted;

•we may retain certain data as required or permitted by law, our Privacy Policy or the terms of Third‑Party Services.

Termination will not relieve you of any obligation to pay any fees due for the period prior to termination.

18. Governing Law and Jurisdiction

These Terms and any dispute, controversy or claim arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of laws principles.

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of Nicosia, Cyprus, and you hereby consent to the personal jurisdiction and venue of such courts.

If you are a consumer, you may have mandatory rights under the laws of your country of residence, and nothing in these Terms is intended to limit such rights.

19. Changes to the Service and to these Terms

We may modify, update or discontinue the Service (or any part of it) at any time, with or without notice, provided that such changes do not materially reduce the core functionality of any paid plan you have already purchased for the current billing period.

We may also update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of these Terms and may provide additional notice within the Service. Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the changes.

20. Miscellaneous

•Entire Agreement. These Terms, together with any policies or additional terms referenced herein (including our Privacy Policy), constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements or understandings relating to the Service.

•Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms without restriction, including to an affiliate or in connection with a merger, acquisition or sale of assets.

•Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

•No waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

•Language. These Terms may be translated into other languages for convenience. In case of any conflict or inconsistency between the English version and a translated version, the English version shall prevail.