These Terms of Service for the TrendwatchAI service ("Service", "Services") constitute a public offer by My Friend AI, SL ("Company", "we", "us", "our") and govern your access to and use of the Services. By accessing or using the Services of My Friend AI, SL, you ("User", "you") confirm that you have read, understood, and unconditionally accept these Terms, as well as our Privacy Policy, which forms an integral part of this Agreement. Please read them carefully before using our Services. If you do not agree with any of these Terms, you must not use our Services.

1. Acceptance of Terms
1.1. Acceptance of Offer. Your use of the Services of My Friend AI, SL in any manner, including accessing the website, registering an account, subscribing, using analytical spreadsheets in Google Sheets, Excel, Airtable, or receiving data, constitutes your full and unconditional acceptance of this public offer. You undertake to comply with these Terms, as well as all applicable laws and regulations.
1.2. Capacity. You represent and warrant that you have reached the age of majority in your jurisdiction and possess full legal capacity to enter into this Agreement. If you are using the Services on behalf of a legal entity, you represent and warrant that you have all necessary authority to bind such entity to these Terms.

2. Description of Services
2.1. Overview. My Friend AI, SL provides AI-powered tools for automated trend tracking and content analysis in short video formats (e.g., Instagram Reels, TikTok, YouTube Shorts) under the TrendwatchAI brand. Our Services are designed for bloggers, experts, and marketers seeking to optimize their content strategy.
2.2. Core Features. The Services include, but are not limited to:

• Tracking up to 20/50/200 (depending on the subscription plan) specified niche accounts/competitors.

• Daily analysis and provision of data on high-performing short videos, including hooks, topics, calls to action (CTAs), engagement metrics (ER: views/likes, comments), and video duration.

• Use of a "viral detector" to identify videos with anomalous reach.

• Automatic transcription of video content into text format (broken down into hook, main script/content, and CTA).

• Translation of transcriptions into any language.

• Delivery of collected and analyzed data in a convenient format for you, typically in Google Sheets, which is updated daily.

• Additional bonuses, such as consultations on competitor selection and scanning of content from previous periods, may be included in specific subscription plans.
  2.3. Data Sources. My Friend AI, SL collects and processes solely publicly available data from the social media platforms you specify. We do not request or access your personal or private data associated with these platforms.

3. User Accounts
3.1. Registration. To access certain features of the Services, you may be required to create an account. You agree to provide accurate, complete, and up-to-date information during registration and to update it regularly.
3.2. Account Security. You are solely responsible for maintaining the confidentiality of your account and password, and for all activities that occur under your account. You agree to notify My Friend AI, SL immediately of any unauthorized use of your account or any other breach of security. My Friend AI, SL will not be liable for any loss or damage arising from your failure to comply with this obligation.

4. Subscriptions, Payments, and Cancellations
4.1. Subscription Plans. My Friend AI, SL offers various subscription plans (e.g., Basic, Pro, B2B) with different levels of feature access and limits. Details of each plan, including pricing, are provided on our website.
4.2. Billing. Subscription fees are charged on a [monthly/annual] basis or according to the terms of your chosen plan. You authorize My Friend AI, SL or its third-party payment processors to charge fees via your provided payment method.
4.3. Automatic Renewal. Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date. You are responsible for managing your subscription and ensuring cancellation is done in a timely manner to avoid charges for the next billing cycle.
4.4. Cancellation. You may cancel your subscription at any time through your account settings. Cancellation must be completed at least one day before the start of the next billing cycle to avoid charges. Cancellation will take effect at the end of the current paid billing cycle, and you will retain access to the Services until then.

4.5. Refund Policy (Right of Withdrawal)

4.5.1. For Initial Subscription Purchase. In accordance with applicable law, users are entitled to withdraw from the Service within 14 days of the first payment for the following reasons:
- Technical Issues: Users must immediately report any technical issues to My Friend AI, SL by emailing hello@myfriendai.com with a detailed description of the problem. If the technical issue cannot be resolved, users are eligible for a full refund.
- Other Reasons: If a user has not utilized the Service, they are eligible for a full refund. If the Service has been used and the user does not report any technical issues, My Friend AI, SL reserves the right to refund only the remaining balance for unused subscription days, deducting the amount for days already used.

4.5.2. For Subscription Renewals. Refunds are not available, as users have already had the opportunity to test and verify the Service's functionality. It is your sole responsibility to manage your subscription cancellation and cancel at least one day before the start of the next billing cycle to avoid charges, as outlined in section 4.4.

4.5.3. Refund Process. Refund requests are handled on a case-by-case basis:
- Users must submit their request to olewhale@gmail.com with detailed information about their case.
- My Friend AI, SL will assess the request and provide a resolution within 14 business days.
- If approved, refunds will be processed back to the original payment method within 10 business days of approval.

4.6. Price Changes. My Friend AI, SL reserves the right to change the prices for its Services with prior notice. Notification of price changes will be sent to the email address associated with your account at least [30] days before the changes take effect. If you do not agree with the new prices, you may cancel your subscription before the start of the next billing cycle.

5. Use of Services and User Responsibility

5.1. License. Subject to your compliance with these Terms, My Friend AI, SL grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes or for content creation.

5.2. Prohibited Conduct. You agree not to:
- Resell, sublicense, transfer, lease, or otherwise provide the Services or data obtained from the Services (except for insights or reports generated by you for your audience/clients) to third parties without the express written consent of My Friend AI, SL.
- Copy, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying ideas or algorithms of the Services or any part thereof.
- Use the Services for illegal, fraudulent, malicious, or offensive purposes.
- Infringe upon the intellectual property rights of My Friend AI, SL or any third parties.
- Interfere with or disrupt the operation of the Services or associated servers or networks.
- Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services.
- Use any unauthorized automated means (bots, scripts, etc.) to interact with the web platform of the Services, except for those explicitly provided or authorized by My Friend AI, SL for use with cloud spreadsheets such as Google Sheets, Excel, or Airtable.
- Create fake accounts or otherwise manipulate data provided by the Services.
- Use data obtained through My Friend AI, SL to train your own or third-party artificial intelligence or machine learning models, unless explicitly permitted by My Friend AI, SL in writing.

5.3. Responsibility for Data and Content Usage.
- My Friend AI, SL provides data and analytics obtained from publicly available sources. You bear sole and full responsibility for how you interpret, use, apply, or adapt the information and "formulas" obtained from My Friend AI, SL.
- Specifically, any data that may be deemed "prohibited" or sensitive (e.g., data on repost counts or other metrics that may conflict with platform terms of service) is provided solely for your internal analytics and evaluation. You bear sole responsibility for complying with the terms of service of the respective social media platforms and applicable legislation when processing, storing, or using such data in your public activities.
- You undertake to ensure that your content, created or modified based on insights from My Friend AI, SL, complies with all terms of service, community guidelines, and legal requirements of all relevant social media platforms (Instagram, TikTok, YouTube, etc.), as well as applicable law.
- My Friend AI, SL shall not be liable for any consequences, losses, fines, or third-party claims arising from your actions or your use of data provided by the Services, including but not limited to, violation of platform policies or legislation. You undertake not to blindly reproduce ideas or formats, but to adapt them to your own strategy and audience while complying with all rules.

5.4. Access to Cloud Spreadsheets. You are responsible for the security and confidentiality of your access to cloud spreadsheets (including Google Sheets, Excel, Airtable) where the Services' data is provided. My Friend AI, SL is not liable for unauthorized access to your spreadsheets unless caused by direct negligence on the part of My Friend AI, SL.

6. Intellectual Property

6.1. Company's Rights. All rights, title, and interest in the Services of My Friend AI, SL (including, but not limited to, software, technology, design, graphics, user interfaces, text, audio, video, artwork, and other materials comprising the Services), as well as all related intellectual property rights, belong to My Friend AI, SL or its licensors.

6.2. User Content. You retain all rights to any content you provide to My Friend AI, SL (e.g., list of accounts to track). However, by providing such information, you grant My Friend AI, SL a non-exclusive, royalty-free, worldwide license to use this information solely for the purposes of providing and improving the Services of My Friend AI, SL.

6.3. Social Media Data. You acknowledge that the data provided by the Services of My Friend AI, SL is obtained from publicly available social media sources. My Friend AI, SL does not claim ownership of the original content from these platforms. Your use of this data must comply with the terms of service of the respective social media platforms (e.g., YouTube Terms of Service, if you use YouTube-related features).

7. Disclaimer of Warranties

7.1. Disclaimer of Warranties. The Services of My Friend AI, SL are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, My Friend AI, SL disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

7.2. No Guarantee of Results. My Friend AI, SL does not warrant that the Services will be error-free or uninterrupted, that defects will be corrected, or that the use of the Services will lead to specific results or content performance growth. Results obtained using the Services may vary significantly and depend on various factors, including your strategy, execution, niche, and market conditions. Any statements regarding potential growth or results presented on our website or in marketing materials are estimations and not guarantees.

8. Limitation of Liability

8.1. Limitation of Liability. To the maximum extent permitted by applicable law, My Friend AI, SL, its affiliates, directors, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, damages for lost profits, loss of data, business interruption, or reputational harm, arising out of or in connection with the use or inability to use the Services, regardless of the form of action (contract, tort, negligence, or otherwise), even if My Friend AI, SL has been advised of the possibility of such damages.

8.2. Aggregate Liability. In no event shall the total aggregate liability of My Friend AI, SL to you for all claims arising out of or related to these Terms exceed the amount paid by you to My Friend AI, SL for the Services during the twelve (12) months preceding the event giving rise to the claim.

9. Indemnification

9.1. Indemnification. You agree to indemnify, defend, and hold harmless My Friend AI, SL, its affiliates, directors, employees, agents, and licensors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use or misuse of the Services; (b) your breach of these Terms; (c) your violation of any third-party rights, including, without limitation, any intellectual property or privacy rights; or (d) your violation of applicable laws, rules, or regulations, including but not limited to your use of data provided by the Services to create or distribute content that violates platform policies or legislation.

10. Changes to Terms

10.1. Changes. My Friend AI, SL reserves the right to modify or update these Terms at any time in its sole discretion. We will notify you of material changes by posting the updated Terms on our website or by sending you an email notification. Your continued use of the Services after the changes take effect will constitute your acceptance of the revised Terms.

11. Governing Law and Dispute Resolution

11.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.

11.2. Dispute Resolution. Any dispute, controversy, or claim arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of Spain.

12. Severability

12.1. Severability. If any provision of these Terms is found to be invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions of these Terms.

13. Contact Information

13.1. Questions. If you have any questions regarding these Terms, please contact us at: olewhale@gmail.com