Terms and conditions
This is an English translation for convenience. If there is any difference, the Czech version applies.
Introduction
Who are we and how can you contact us?
We are MENDATOR s.r.o., with its registered office at Nové sady 988/2, Staré Brno, 602 00 Brno, IČO 02446561, and we operate the Thesios.ai service available on the website https://thesios.ai (this website is hereinafter referred to as the “shop”). Using artificial intelligence, Thesios.ai helps you find a thesis topic that interests you and that you enjoy, and gives you inspiration for a complete thesis assignment, including the objective, abstract, methodology and academic literature. If you use Thesios.ai, we act towards you as the service provider and you act as the customer.
If you want help with anything, you can contact us here:
Phone number: +420 728 875 883
Email address: [email protected]
Delivery address: MENDATOR s.r.o., Nové sady 988/2, Staré Brno, 602 00 Brno
Who are you?
You are customers who have ordered our service within Thesios.ai, either as:
consumers, i.e. people who want to use Thesios.ai for their personal needs outside the scope of their business activity and outside the independent exercise of their profession, or
anyone else (e.g. a non-business legal entity) who will use Thesios.ai for the purposes and to the extent defined by these terms and conditions, but never for business purposes without our express consent.
If you are consumers, you have special rights arising from consumer protection legislation. We inform you about these rights further on in the terms and conditions.
What are these terms and conditions?
These terms and conditions are a binding legal document that forms an integral part of the so-called contract for the provision of digital content concluded between you and us on the basis of your order in the shop. The terms and conditions govern the mutual rights and obligations of you as the customer and us as the provider.
An integral part of these terms and conditions are also these 2 annexes:
Model form for withdrawal from the contract,
Complaints procedure
The contract between us and you is also governed by these annexes. For clarity, we have set these annexes apart as separate documents, and you will also find them at the end of the terms and conditions.
Can we agree on something other than what you find in the terms and conditions?
- Yes, we can also agree individually in a separate contract concluded, for example, by email. Our individual arrangements take precedence over these terms and conditions.
How does our Thesios.ai service work?
Thesios.ai allows you to generate academic topics and thesis assignments, including the objective, abstract, methodology and academic literature, by means of artificial intelligence. We do not provide the service solely thanks to artificial intelligence. Our programmers also take part in the process, and thanks to them we can obtain overviews of academic literature from websites with databases of scientific works.
Suggesting 10 topics is free. One paid order lets you have assignments created for up to 3 topics.
You can pass unused assignments from a paid order to friends through a link. Each of them creates their own order and can use one assignment this way. The link works while assignments are available, and anyone who has it can use them. You don't see each other's data or assignments.
Some schools have prepaid the service for their students. If your email address shows you are entitled to this, you don't pay for the assignment and we send it to you by email.
Outputs are created by artificial intelligence, so they may contain errors. Before you use them, check them, especially the literature listed, and make sure that using them complies with your school's rules.
How can we conclude a contract with each other?
The contract for the provision of digital content is a contract between you and us in which we undertake to provide you with the part of the thesis you requested in the form of a document in .docx format (digital content). And you undertake to accept the digital content and, if you have ordered a paid part of the thesis, to pay us the price for the digital content.
You can conclude a contract with us through the order form on the page https://thesios.ai/ or individually through email communication.
We want you to know everything you need about our services before you order. Remember, however, that the presentation of our services in the shop is not yet a binding offer to conclude a contract (we hereby exclude § 1732(2) of Act No. 89/2012 Coll., the Civil Code). Even if you send us your order, we are not yet obliged to conclude a contract with you and provide the service to you. There can be several reasons for not concluding it. We particularly do not appreciate it if you have already materially breached your obligations towards us in the past.
If you want to order the service through the order form in the shop, just follow the instructions given in the shop. In practice, all you need to do is provide us with the required details in the form, agree to these terms and conditions and send the order.
By clicking the button “Continue” or, for a paid service, “Pay”, you express your agreement with these terms and conditions and send us a proposal to conclude a contract (hereinafter also the “order”). For a free service, the contract is concluded as soon as you send the order. For a paid service, the contract is concluded as soon as the payment goes through.
We conclude the contract in the Czech language. The contract and all its parts (mainly the order, these terms and conditions and the complaints procedure) will be stored safely in our electronic archive. If you are consumers, we will make this information available to you on the basis of your written request. An email is also a written request.
By agreeing to these terms and conditions, you agree that you will use so-called means of distance communication, as the Civil Code calls them, to conclude the contract. Under such a grand name, imagine for example a computer, tablet or phone. Above all, with the internet. You bear the costs of using these means yourself as part of your usual payments for phone, internet and so on.
If you order a paid service, we will not begin performing the contract with you before you have paid us the total price of the service.
If you are not consumers, we reserve the right to cancel your order and withdraw from the contract until we have provided the service to you. We may cancel the order and withdraw from the contract even if you are consumers, for the reasons stated in the Civil Code and also because you are requesting a topic, assignment or other part of a thesis that is contrary to legislation or good morals; in this case we may cancel the order immediately, even without asking you to change the topic.
Don't worry: if we cancel the order and withdraw from the contract and you have already paid the price of the service, we will return it to you without undue delay. You will receive the money by cashless transfer to the account you specify to us for this purpose.
What are the terms for paying the price of the Thesios.ai service?
By price we mean the price of the service that was shown to you in the order and that you undertook to pay by concluding the contract. We state the price including value added tax. Prices are valid for as long as they are shown to you in the shop. Promotional prices apply for the period we have set. Even so, we can agree otherwise individually and, for example, give you a discount on the price. Unless we state otherwise in the shop, discounts provided cannot be combined with each other.
Together with the price, you will also pay us the costs associated with providing the service, if we incur any and they are stated in the shop as part of your order. Unless we state otherwise, in this article the price also means the fees paid under the order together with the price of the service (the costs associated with providing the service). This is because the same rules apply to paying these fees as to paying the price of the service.
Apart from the costs stated with the order in the shop and the price of the service, we do not charge you any further costs.
You can pay the price by cashless payment, by payment card online through the Stripe payment gateway or by other methods stated in the shop.
For cashless payments, the price is due within 7 days of the conclusion of the contract.
If you pay the price by cashless payment, you fulfil your obligation to pay the price at the moment the total amount of the price is credited to our account.
If you do not pay the price by the due date and you are consumers, we take it that you have withdrawn from the contract.
How will we provide the Thesios.ai service to you?
We will provide you with the topic, the thesis assignment or another ordered part of it (the output) either by allowing you to download the output to your electronic device in .docx format, or by sending to your email address a link to a page with the output, where you can download the document in this format. You can view the .docx format on an electronic device (computer, mobile phone, tablet, etc.) in Microsoft Office (2007 and later), in the Apple applications Finder or Pages, or through the Google Docs application.
You can find the costs associated with providing the service in the shop, and they apply for as long as they are shown to you in the shop. Before you send the order, these costs are shown to you in the summary of your order. If you do not see any costs associated with providing the service in the shop, it means that you do not incur any such costs.
If you wish the service to be provided differently from what we usually offer, get in touch with us and we can arrange it individually. In that case, however, please note that you bear the risk for provision at your special request (we are not liable for damage to the digital content during such provision) as well as any additional costs associated with this method of providing the service.
If we are to provide the output from Thesios.ai to you by allowing you to download the .docx file, we fulfil our obligation to provide the content at the moment when the file for download appears for you in our shop immediately after the order is completed. If we are to provide the digital content to the email address you have chosen, we fulfil our obligation to provide the content at the moment when the email with the requested file, or with a link to a repository where you can download the file, is delivered to you.
We will provide you with the output from Thesios.ai usually within a few tens of minutes after the conclusion of the contract, and at most within 2 days of the conclusion of the contract.
These are complicated times. An extraordinary event may occur that makes it considerably harder or impossible for us to provide the Thesios.ai service, even though we did not cause it (so-called force majeure). Cases of force majeure include mainly epidemics, war, mobilisation, uprising, strike, official orders or other unforeseeable obstacles that arise with us, our suppliers or subcontractors. If a case of force majeure occurs, we may postpone the provision of the service by the duration of the obstacle and by a reasonable period needed to provide it once the obstacle has ceased. It may happen that as a result of the obstacle we will not be able to provide the service at all. In that case, in accordance with § 1765 of the Civil Code, we may renew negotiations about the contract with you and agree, for example, on the provision of a different service. If we do not reach agreement, you may withdraw from the contract.
How can you make a complaint about the provision of the Thesios.ai service?
- You can find the terms for complaints about the Thesios.ai service in the Complaints procedure, which is annex no. 2 and an integral part of these terms and conditions.
How can you withdraw from the contract as consumers?
If you are consumers, by law you can usually withdraw from a contract concluded at a distance (through so-called means of distance communication) or off business premises without giving a reason within 14 days, thereby cancelling the contract at the moment we receive the withdrawal. You must send the withdrawal no later than on the last day of the period. The period for withdrawal from the contract ends on the expiry of 14 days from the day following the day the contract was concluded.
There are cases in which you cannot withdraw from the contract even as consumers. That is, if we have already provided the free service to you, or if you gave us your prior express consent to begin performing a paid contract for the provision of digital content before the expiry of the 14-day period for withdrawal from the contract, we informed you that in such a case your right to withdraw from the contract ceases to exist when performance begins, we confirmed your consent to you, and we have already begun performing the contract.
If you have the right to withdraw from the contract, you can exercise it with us by any unambiguous statement made to us, in particular electronically by notice to our email address [email protected]. To withdraw from the contract you can also use the model form, which is annex no. 1 to these terms and conditions. As soon as we receive the form from you, we will confirm receipt to you without delay. We will return the price of the work to you without undue delay, at the latest within 14 days of receiving your withdrawal.
Of course, you can also withdraw from the contract or part of it in other cases in which the Civil Code grants you this right. Mainly if we materially breach our obligations as provider, because of delay on our part or defective performance.
How may and may you not use the outputs from Thesios.ai?
What may you do with the outputs from Thesios.ai?
Thesios.ai is mainly intended to help students find a thesis topic that interests them and that they enjoy, which makes writing their own research more enjoyable. As inspiration, it is therefore possible to obtain from Thesios.ai a complete assignment including the objective, abstract, methodology and academic literature. You may use these outputs from Thesios.ai only in the way we allow in these terms and conditions, or that we agree individually.
You may use the outputs from Thesios.ai under your own name for the purpose of creating your thesis or other scientific work at a primary school, secondary school, higher vocational school or university or at another similar educational institution, and also for the purpose of carrying out activities related to creating this work and fulfilling obligations towards the educational institution, unless these are prohibited by these terms and conditions. You may therefore also publish and distribute the outputs from Thesios.ai as part of publishing or distributing your thesis or a part of it (e.g. in a database of theses created by your university).
We provide you with the outputs from Thesios.ai without quantitative or territorial restriction for an indefinite period. You may use the outputs in all possible ways of use, unless these are prohibited by these terms and conditions. You do not have to state that the outputs come from Thesios.ai.
What may you not do with the outputs from Thesios.ai?
You may not use the outputs in any way for your business or the business of a third party (including a legal entity in which you may have an ownership interest or be a member of its elected body) or for any other commercial activity. This means, in particular, that you may not sell, rent or otherwise monetise the outputs. However, receiving a financial benefit for the exceptional quality of your thesis (awards, scholarships, etc.) is not prohibited monetisation.
You may not provide the outputs to a third party. This does not apply if you provide the outputs to a third party as part of your thesis in fulfilling your obligations towards a school or other similar educational institution (e.g. for publishing the thesis in scientific databases).
You may not use the outputs in a way that breaches applicable legislation or public order or that is contrary to good morals.
You may not use the outputs in a way that could harm us, our shop or our services or that would compete with them.
If it should happen that you use the outputs in breach of these terms and conditions, you must, at our request, immediately stop using them for the unlawful purpose and at the same time, at your own expense, remove everything that arose from such use. As a result, you will have to, for example, withdraw everything that arose from your unlawful conduct from all places where these results might unlawfully be found.
You bear all responsibility for the use of Thesios.ai and of the outputs from Thesios.ai. You are also responsible for ensuring that by creating your thesis, even with the help of Thesios.ai, you do not infringe the copyright or other rights of third parties (i.e. that you do not, for example, create plagiarism). If we suffer any damage or other harm as a result of your act or omission (including a breach of these terms and conditions), you will have to compensate it in full.
What other rights do we, the providers of the Thesios.ai service, have?
To provide the Thesios.ai service, we may use the services of a subcontractor, which you agree to by concluding the contract.
Just like you, we also have the right to withdraw from the contract for the reasons stated in the Civil Code. Mainly in the case where you materially breach your obligations. If you are not consumers, we always have the right to withdraw from the contract if:
you are in delay with paying the price of the service;
you enter insolvency or liquidation;
bankruptcy is declared on your assets or a petition for a declaration of bankruptcy is rejected for lack of assets.
Sometimes we may also give you a gift with the ordered service. In that case we conclude a gift contract with each other. However, the gift contract has a so-called condition subsequent, under which, if we or you withdraw from the contract, the gift contract ceases to be effective. This means that you will have to return the gift provided, in the same way in which we provided it to you.
How do we process your personal data?
- You can find information about how we process your personal data here. This information is not part of the contract and is not binding. It mainly serves you, so that you know what we may do with your personal data.
How can we communicate with each other and what are the rules of delivery?
Unless we have agreed on a special method of communication with you, all our communication with each other in which we may establish, change or cancel the contract will take place in accordance with this article of the terms and conditions. Specifically, these will be the following methods of communication: personal delivery, delivery by registered post, by courier service or by electronic mail, to the addresses we have notified to each other in writing.
You can also get in touch with us by phone, but we will not establish, change or cancel a contract with each other by phone. That is, neither you nor we will commit to anything by phone.
When are paper documents delivered?
on the day the notice is physically handed over, if the document is sent by courier or a postal service operator (with the exception of sending by registered post) or delivered in person; or
on the day of delivery confirmed on the delivery receipt, if the document is sent by registered post and is actually delivered; or
on the futile expiry of a period of 10 days from the notice being deposited at the relevant post office branch, if the document sent by the postal service operator cannot be delivered or if acceptance of the document is refused (by you or by us, as the case may be).
Emails are delivered at the moment the email message is sent from the mailbox. This does not apply if the addressee of the message proves that, through no fault of their own, the message did not reach them.
In conclusion
The legal relations arising between us and you from the contract are governed by the law of the Czech Republic, excluding the rules of private international law. We expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods. This choice of law does not affect your rights as consumers that may arise for you from the legal system that would otherwise apply to our legal relationship. All disputes arising from the contract will be resolved before the courts of the Czech Republic having jurisdiction according to the registered office of the provider of Thesios.ai. This choice of jurisdiction does not apply to consumers.
Contracts concluded in accordance with these terms and conditions may be changed (by us and by you) only by written agreement (including by email). If any provision of the terms and conditions is or becomes invalid or ineffective, it will be replaced by a provision whose meaning comes as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
We are not bound by any code of conduct within the meaning of § 1826(1)(e) of the Civil Code.
As customers, you assume the risk of a change of circumstances within the meaning of § 1765(2) of the Civil Code. This does not apply to consumers.
If you have any problem, we will be glad if you deal with it with us first. Just contact us in any way. If you are consumers and want to resolve any disputes out of court, you can turn to an out-of-court dispute resolution body. This is, for example, the Czech Trade Inspection Authority at www.coi.cz/informace-o-adr. Or you can resolve the dispute online through the EU platform for online dispute resolution (ODR platform) at www.ec.europa.eu/consumers/odr.
We use these terms and conditions for all contracts we conclude with customers from 9 March 2023.
Complaints procedure
annex no. 2 to the terms and conditions
How can you make a complaint about an output from Thesios.ai?
- Here you will find out how you can make a complaint about a defective output from Thesios.ai and what you are entitled to. An output from Thesios.ai is so-called digital content under the Civil Code, and your rights from defective performance correspond to this. We hope you will never have to use our complaints procedure. But just in case, right? Besides, it is part of the contract you have concluded with us, so it would be a shame not to introduce it to you. Of course, you can also write to us at [email protected] or call +420 728 875 883 and we will advise you how to proceed. We are here for you.
What exactly is a defect?
A defect is our nightmare. Although we try to provide the very best services, sometimes we cannot prevent defects. Legally, an output from Thesios.ai has a defect if it does not correspond to the contract, i.e. to what we agreed.
If you are consumers, we are liable to you for ensuring that the output from Thesios.ai (hereinafter also called the work):
corresponds to the agreed description and scope, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
is suitable for the purpose for which you require the work and which you have agreed to,
is provided with the agreed accessories and instructions for use, including installation instructions, and with user support, if these are needed for the work,
is suitable for the purpose for which a work of this kind is usually used, also with regard to the rights of third parties, legislation, technical standards or codes of conduct of the given sector, if there are no technical standards,
in its scope, quality and other performance parameters, including functionality, compatibility, accessibility, continuity and security, corresponds to the usual characteristics of a work of the same kind that a customer like you can expect, also with regard to the public statements we have made, in particular through advertising or labelling,
is provided with the accessories and instructions for use that you can reasonably expect,
corresponds to the trial version or preview that we made available before the conclusion of the contract, if we provide such,
is correctly connected to your digital environment, or correct instructions on how to connect the work have been provided with it, if connection is needed.
A defect of the work is not a shortcoming, proven by us, that consists in your unsuitable technical or software equipment or network connection for downloading or displaying the work, even though we notified you of such equipment in advance. To verify whether the defect occurred as a result of this unsuitable equipment or connection, you (the customers) will give us the necessary cooperation that we can reasonably expect from you (e.g. you will specify what type of equipment or connection you use so that we can work out the defect). If you refuse to give us this cooperation, we do not have to prove that the defect is caused by unsuitable technical or software equipment or network connection. This provision also applies to customers who are not consumers.
We are liable for a defect of the work if the work had the defect at the moment we made it available to you, i.e. sent the file to your email, or a link to download the file, or the file for download that constitutes the work appeared for you on the Thesios.ai website. We discuss by when you must make a complaint about a defect of the work in the next paragraph.
By when must you make a complaint about an output from Thesios.ai and what are you entitled to?
First, let's look at how things work with us when you conclude the contract as consumers.
We are liable to you for a defect that the work had at the moment we made it available to you, i.e. sent the file to your email or a link to download the file, or the file for download that constitutes the work appeared for you on the Thesios.ai website.
However, you can only complain about a defect that appears in the work within 2 years of the work being made available.
Please complain about a defect without undue delay after discovering it; you can complain about it at the latest within the limitation period of 3 years from the moment you discover the defect; after that we do not have to uphold your complaint.
If a defect appears in the work within 1 year of the work being made available, the work is deemed to have been defective when it was made available. In this case, therefore, you do not have to prove that the work was defective. If a defect appears in the work after 1 year from the work being made available, you must prove to us that the work was defective when it was made available. Otherwise we do not have to uphold your complaint.
What are you entitled to in a complaint?
Primarily, you can request removal of the defect, unless this is impossible or disproportionately costly given the significance of the defects and the value the work would have without the defect; we will remove the defect within a reasonable time after it has been complained about, so as not to cause you considerable difficulty given the content and purpose of the work;
If a) we do not remove the defect within a reasonable time after it has been complained about so as not to cause you considerable difficulty given the content and purpose of the work, or it is clear from the circumstances that the defect will not be removed within a reasonable time or without considerable difficulty for you, or b) the defect appears even after it has been removed, or c) the defect is a material breach of the contract, you can request a reasonable discount on the price or you can withdraw from the contract. The reasonable discount is determined as the difference between the value of the work without the defect and the value of the defective work we provided to you. You cannot withdraw from the contract if the defect of the work is only insignificant. If you withdraw from the contract, you will refrain from using the work.
If you complain about defects justifiably, the period for making a complaint is extended by the number of days during which we are handling the complaint.
If we are to return an amount of money to you because of defective performance, we will return it to you at our own expense without undue delay, at the latest within 14 days of the day you exercised the relevant right from defective performance with us. We will return the amount to you in the same way in which you paid us the price of the work, unless you expressly agree otherwise and you do not incur any costs as a result.
Now let's look at how things work with us when you do not conclude the contract as consumers (for example because you are ordering an output from Thesios.ai as a legal entity).
You can only complain about defects of the work that it already had at the time it was made available (handed over).
You must raise obvious defects (including unfinished parts) when accepting the work. If you accept the work without reservation, you lose the opportunity to effectively assert a right from an obvious defect in court proceedings.
You must complain about hidden defects without undue delay after you discovered them or should have discovered them with due care, at the latest within 2 years of the handover of the work. Otherwise, as in the previous paragraph, you lose the opportunity to effectively assert a right for hidden defects in court proceedings.
If you prove that a defect appeared in the work within 1 year of it being made available (handed over), the work is deemed to have had the defect when it was made available, and in this case you do not have to prove to us the moment the defect arose.
A defect is a material breach of the contract if, already at the conclusion of the contract, we knew or must have known that you would not have concluded the contract had you foreseen this breach. In other cases, the breach is deemed not to be material.
If the defective performance is a material breach of the contract, you have the right to delivery of a new work, repair, a reasonable discount on the price or withdrawal from the contract. You will not be entitled to delivery of a new work if, given its nature, the subject of the work cannot be returned or handed over to us.
If the defective performance is a non-material breach of the contract, you have the right to removal of the defect or a reasonable discount on the price.
You may remove a defect of the work yourself or have it removed by someone else only if we have agreed on this. Otherwise we do not have to reimburse the costs you incurred. This is because by removing the defect we lose the opportunity to check for ourselves whether the work really had a defect and therefore whether the complaint is justified.
Making a complaint does not release you from the obligation to pay the price. The provision of § 2108 of the Civil Code (Act No. 89/2012 Coll.) does not apply.
Finally, let's look at what applies to all customers:
You will first have to pay the costs of the complaint yourself. But we will reimburse them if we find that the fault is on our side. We don't own a gold mine, though, so we will reimburse only the costs reasonably incurred for an accepted complaint. So don't forget to ask for them as soon as possible.
If you have a problem with how we are handling a complaint, we will be glad if you deal with it with us first. Just contact us in any way. If you are consumers and want to resolve any disputes out of court, you can turn to an out-of-court dispute resolution body. This is, for example, the Czech Trade Inspection Authority at www.coi.cz/informace-o-adr.
And of course you also have the right to go to court. For example, if you are not satisfied with how we handled the complaint or perhaps did not handle it.
What should you do if you discover a defect in an output from Thesios.ai?
To be able to handle the complaint, we will need your cooperation. Contact us and describe to us:
what the defect of the work is, or how it manifests itself;
which work it concerns (ideally add at least the order date and the thesis topic);
whether you want the defect removed, to withdraw from the contract or a reasonable discount;
your name and address, or your business name, IČO and registered office (ideally also add a phone number and email so that we can get in touch with you faster).
You can contact us by all available means. It is best if you call us at +420 728 875 883 or send an email to [email protected], so that we can speed up communication as much as possible. Of course, it is up to you which method you prefer. Please also send us by email the work you are complaining about.
As soon as we receive your complaint, our rapid response team will spring into action to resolve everything as quickly as possible.
By when will we handle the complaint?
If you are consumers, we guarantee that we will handle the complaint within a reasonable time, taking into account the nature of the work for which you requested it, unless we have agreed on a longer period. After the futile expiry of the period you can withdraw from the contract or request a reasonable discount. If you are not a consumer, we will try to manage everything within the same periods, but we do not guarantee a maximum period.
First, we will confirm to you as a consumer when you made the complaint, what its content is, what method of handling the complaint you request and what contact details you have given us for providing information about the handling of the complaint. When everything is done, you will receive from us, in black and white, the date and method of handling the complaint, including confirmation that the repair was carried out and how long it took. If we cannot accept your complaint, we will not hide the reasons from you. On the contrary, we will explain everything to you as precisely as possible. For contracts other than consumer contracts, we have no obligation to keep records of the complaint procedure in this detail. But if you wish, we can certainly come to an arrangement.
If we are unable to handle the complaint in time, we will get in touch with you. Of course, only if we have your phone number or email. It will be entirely up to you whether you get us out of a tight spot and agree to an extension of the period.
We will send the repaired or replacement work back to you to the email address we have on record for you, either as a file for download or as a link to a repository.
When are we not liable for defects?
Although we will always try to accommodate you, in some cases it is not fair for us to remove defects that are not our fault. We therefore in particular bear no liability for defects of the work if:
you or anyone you allowed to use the work caused the defect;
you already knew before accepting the work that the work had a defect and agreed to this defect.
All's well that ends well
- So, we have reached the end. We use this complaints procedure for all contracts we conclude with customers from 9 March 2023.