TERMS OF SERVICE

Last updated: June 22, 2025

These Terms of Service (“Terms”) are a legally binding agreement between Tomáš Bencko, sole proprietor registered in the Slovak Republic (“Company,” “we,” “our,” or “us”) and any individual who accesses or uses the Who-Dat-Dude website located at https://whodatdude.com (the “Site”) or any related services, applications, or content (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Privacy. Our collection and use of personal data is governed by our Privacy Policy. By using the Service, you acknowledge that processing and agree to its terms.

1. Eligibility

You may use the Service only if you:

are at least 16 years old (or the minimum digital-consent age in your country, whichever is higher);
have the legal capacity to enter a contract; and
comply with these Terms and all applicable laws.

If you are between 16 and 18 years old, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.

2. Account Registration

To access certain features you must create an account with a valid email address or another authentication method we make available. You are responsible for:

providing accurate, current, and complete information;
maintaining the confidentiality of your login credentials; and
all activity that occurs under your account.

We may suspend or terminate your account at any time for violation of these Terms or to protect the Service, other users, or third parties.

3. Virtual Credits & Payments

Credits. The Service uses virtual “credits” that can be purchased through Stripe. Credits allow you to request the generation of content (“Generation”) for an eligible title (for example, a movie, book, television series, or any other category we may support). The applicable credit price and the number of credits required for each generation will be clearly displayed to you before you confirm the request. We may change credit pricing, required credit amounts, or eligible title categories at any time in our sole discretion.
No Monetary Value. Credits are non-refundable, non-transferable, have no cash value, and may be used only within the Service.
Final Sale & Waiver of Withdrawal Right. By purchasing credits you request and consent to immediate delivery of digital content and expressly waive any statutory 14-day withdrawal or “cool-off” period to the maximum extent permitted by law (e.g., Article 16(m) of EU Directive 2011/83/EU). Nothing in these Terms limits any mandatory consumer rights you may have under applicable EU or Slovak law.
Taxes. Prices are shown in U.S. dollars. You are responsible for any taxes or duties that apply in your jurisdiction.
Stripe. Payments are processed by Stripe; we do not store full payment card data. Your use of Stripe is subject to Stripe’s own terms and privacy policy.

4. Generated Content & Intellectual Property

AI-Generated Output. Generations are produced automatically by one or more third-party artificial-intelligence service providers that we integrate with (“AI Providers”) and are visualized on the Site. The output may be inaccurate, incomplete, or offensive and is provided solely for entertainment purposes.
Notice-and-Action (EU DSA). If you believe that any content made available through the Service is unlawful or infringes your rights, please send a notice to [email protected] containing (i) a description of the content and its exact URL, (ii) the legal basis for your request, and (iii) your name and contact information. We will review your notice and, where appropriate, act without undue delay in accordance with the EU Digital Services Act and other applicable laws.
Copyright Notices (DMCA). If you are a U.S. copyright holder and believe that material on the Service infringes your copyright, please send a notice meeting the requirements of 17 U.S.C. § 512©(3) to [email protected]. Upon receipt of a valid notice, we may remove or disable access to the allegedly infringing material and may terminate repeat infringers.
License to You. Subject to these Terms, we grant you a non-exclusive, worldwide, personal, non-commercial, revocable license to view, share, and link to Generations. Commercial use (including resale, distribution, or monetization) is prohibited without our prior written consent.
Company IP. We and our licensors own all rights in the Service, including software, design, text, graphics, logos, and Generations. All rights not expressly granted are reserved.
User Input. When you submit a title or other material, you represent that it is not illegal, defamatory, obscene, or infringing. You grant us a worldwide, royalty-free license to use that input to provide and improve the Service.

5. Third-Party Services & Open-Source.

The Service may integrate or rely on third-party services, libraries, or open-source software (collectively “Third-Party Services”). We do not control and are not responsible for Third-Party Services, their availability, or their terms. Your use of Third-Party Services is at your own risk and may be governed by separate agreements between you and the relevant provider.

6. Prohibited Conduct

You agree not to:

violate any applicable law or regulation;
scrape, copy, commercially exploit, or use automated bots to extract data from the Service or Generations;
interfere with the security or integrity of the Service, including uploading malware, attempting unauthorized access, or reverse-engineering any part of the Service;
submit or share content that is illegal, hateful, discriminatory, harassing, pornographic, incites violence, or infringes intellectual-property rights;
engage in unsolicited or bulk messaging, advertising, or any other form of spam;
misrepresent your identity or impersonate another person.

7. Availability & Modifications

The Service is provided “as is” and “as available.” We may modify, suspend, or discontinue any part of the Service (including credit pricing or features) at any time without liability.

8. Termination

We may terminate or suspend your account and access to the Service at any time, with or without notice, for breach of these Terms or if required by law. Upon termination, all licenses and credits immediately lapse.

9. Disclaimers

No Warranty. To the fullest extent allowed by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement.
AI Limitations. Generations may contain errors or third-party intellectual-property references. We do not verify accuracy or ownership and have no obligation to do so.
No Professional Advice. The Service is for entertainment only and does not constitute legal, financial, or other professional advice.

10. Limitation of Liability

To the maximum extent permitted by law:

In no event will we be liable for any indirect, incidental, consequential, special, or punitive damages, or for loss of profits, data, goodwill, or other intangible losses, arising out of or relating to the Service.
Our total liability for any claim arising out of or relating to the Service shall not exceed the total amount you paid to us for credits during the six (6) months immediately preceding the claim.

Some jurisdictions do not allow certain limitations; in such cases, liability is limited to the least extent permitted by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, directors, employees, and agents from any claims, damages, liabilities, and expenses (including attorneys’ fees) arising out of or related to your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Slovak Republic, excluding conflict-of-law rules. Any dispute or claim shall be resolved exclusively by the Okresný súd Košice I, and you consent to its personal jurisdiction.

13. Changes to Terms

We may update these Terms at any time. The “Last updated” date will reflect the latest version. Continued use of the Service after the date of an update constitutes acceptance of the revised Terms.

14. Export & Sanctions Compliance.

You represent and warrant that you (i) are not located in a country subject to comprehensive embargoes or sanctions, and (ii) are not on any government list of prohibited or restricted parties. You agree not to export, re-export, or transfer any part of the Service in violation of applicable export laws.

15. Miscellaneous

Entire Agreement. These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.
Severability. If any provision is held invalid, the remaining provisions will remain in effect.
Assignment. You may not assign or transfer these Terms without our prior written consent; we may assign them without notice.
No Waiver. Failure to enforce any provision is not a waiver of future enforcement.
Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
Governing Language. In the event of any discrepancy between a translated version of these Terms and the English version, the English version shall prevail.

16. Contact

Tomáš Bencko – sole proprietor
Business Reg. No. (IČO): 54874599
Tax ID (DIČ): 1086791761
Stará baštová 964/6, 040 01 Košice, Slovakia
Email: [email protected]

By using the Service, you acknowledge that you have read, understood, and agreed to these Terms.