Funpilot Terms of Service

These Terms of Service ("Terms") govern your use of Funpilot (the "Service"), operated by Onyx Blue Digital GmbH, a limited liability company registered in Austria (Firmenbuchnummer FN 677713 m, Handelsgericht Wien), registered office Tuchlauben 7A, 1010 Wien, Austria, VAT ID ATU83267019 ("Funpilot", "we", "us", "our").

If you reside in Austria, the German-language Terms of Service are the binding version for you. This English version applies to users outside Austria. In either case, mandatory consumer-protection law of your country of residence continues to apply.

These Terms apply together with any additional documents that are referenced in them, including our Subscription Terms, Refund and Right-of-Withdrawal Policy, Privacy Policy, Cookie Policy, Community Guidelines, Notice-and-Action Policy, Sub-processor List, and Third-party Notices, where applicable.

If there is a conflict between these documents, the document that is more specific to the relevant issue prevails. For example, the Subscription Terms apply to the paid Premium plan, the Refund and Right-of-Withdrawal Policy applies to withdrawal and refund rights, and the Privacy Policy applies to how we process personal data.

Nothing in these Terms limits any mandatory rights you may have under consumer-protection law in your country of residence.

1. Acceptance of these Terms

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service. You must be able to form a binding contract with us.

A contract for use of the Free plan is formed when you create an account or first use account-based features of the Service.

A contract for Premium is formed only when you complete the checkout process and expressly confirm that you want to subscribe on a paid basis. Before you subscribe, we will show you the key subscription information, including the price, applicable VAT, billing period, automatic renewal, cancellation options, and the main Premium features and limits.

When the Terms change materially, we will ask you to accept the new version before you continue to use the Service (see Section 17).

2. What the Service is - and what it is not

Funpilot helps you discover, plan, and share activities in your free time, with the help of AI "buddies" - AI personalities that suggest activities and influence the recommendations you see - an activity catalogue, and results from the web and maps. You can search for activities, collect them into "adventures" (plans), chat with AI buddies, and connect with people you know.

Funpilot is an information, planning, and recommendation tool. We are not the organiser, operator, provider, or seller of the activities, venues, events, or third-party services that the Service describes or links to. Any activity you choose to undertake is a matter between you and the relevant provider (or simply your own decision), not a service we deliver to you.

To work, the Service uses a location you choose as your "homebase" - which can be any location you like - as the anchor for finding and recommending activities near you. You can change it at any time. How we handle location data is explained in the Privacy Policy.

Account creation is required to use the app. Only our public website and the sign-in pages are available without an account.

Funpilot does not provide professional advice. In particular, the Service is not medical, legal, financial, psychological, therapeutic, safety, emergency, navigation, weather-warning, rescue, training, or outdoor-guidance advice.

The Service is intended to help you discover and plan leisure activities. It is not intended to be used as your only source of information for routes, weather, safety, health, emergency decisions, or any decision that requires professional or qualified assessment.

3. Eligibility - 18+

The Service is intended only for users aged 18 or over. By using the Service you confirm that you are at least 18. We ask for your date of birth solely to verify your age; we do not store your date of birth - only the result of the check, its timestamp, and the method used. If you are under 18, you may not use the Service, and we will remove account data created in the process within a reasonable period.

You may use the Service only for lawful, personal, non-commercial purposes, unless we have expressly agreed otherwise in writing.

4. Your account and security

You are responsible for activity on your account and for keeping your sign-in method secure. Sign-in is by a one-time code sent to your email, or via a third-party login (Google, Facebook, or Apple). Provide accurate information and keep it current. Tell us promptly if you believe your account has been used without your authorisation.

You must not share your account access with others or allow others to use your account, unless the Service expressly allows this. You are responsible for keeping your email account, devices, and sign-in method secure.

We may restrict or suspend access to your account if we reasonably believe that your account has been compromised, used without authorisation, shared in breach of these Terms, or used in a way that creates a security, legal, operational, or misuse risk.

5. AI features - how they work and their limits

The Service uses artificial intelligence to power features such as AI buddies, recommendations, chat replies, conversation titles, and parts of the activity catalogue.

You are always told when you are dealing with AI. Your buddies are AI personalities, not real people. We mark them as AI in the app, and a buddy will tell you it is an AI if you ask it directly. Images created by AI - such as buddy portraits and illustrative activity images - are labelled as AI-generated and carry a machine-readable marker identifying them as AI-generated. This reflects our transparency obligations under the EU AI Act.

AI output can be wrong, incomplete, biased, or out of date. It is generated automatically and is not reviewed by a person before you see it. Ratings, descriptions, prices, durations, opening details, and similar information may be inaccurate or change without notice. Use your own judgment, and verify anything important - especially before relying on the Service for decisions affecting your safety, health, finances, or legal position. Funpilot does not warrant the accuracy of AI-generated content.

Funpilot is designed as a general consumer service for leisure planning, recommendations, and social planning. It is not designed or intended for high-risk use, professional decision-making, emergency response, safety-critical decisions, legal or medical advice, employment, education, credit, insurance, law enforcement, migration, public administration, or any other context where an AI output may produce legal, similarly significant, or safety-critical effects.

You must not use the Service or any AI feature for unlawful, harmful, deceptive, manipulative, discriminatory, abusive, or safety-critical purposes. In particular, you must not use the Service to impersonate another person, deceive others into believing they are interacting with a real person, exploit vulnerabilities of individuals or groups, harass or threaten others, generate unlawful content, evade legal obligations, or make decisions that require qualified professional assessment.

We may restrict, suspend, or terminate access to AI features if we reasonably believe that they are being used contrary to these Terms, applicable law, or the intended purpose of the Service.

The Service also learns facts about you from your conversations to personalise suggestions. You can view and delete these facts in your account; deleting a fact does not prevent it being learned again if you mention it later. How we process this information is described in the Privacy Policy.

Normal chat. If you choose to discuss topics such as mood, wellbeing, fitness, health, weight or personal goals with an AI buddy, the buddy may respond in the conversation in a supportive way. AI buddies are not medical, psychological, therapeutic or emergency services and do not provide professional advice.

Proactive messages. If you use Premium, AI buddies may contact you on their own initiative, for example to suggest activities, remind you of goals you have shared, or encourage you to try something new, based on your settings, your history, your preferences and facts learned about you. You can turn proactive messages off at any time in your settings.

Proactive use of sensitive goals. Where proactive messages are based on health, fitness, weight, mental wellbeing or similar sensitive goals that you have shared, we will use this information only where we have a valid legal basis, including explicit consent where required, as described in the Privacy Policy. You can turn such proactive use off at any time in your settings.

No professional advice. Proactive messages are supportive suggestions only. They are not professional advice and should not be treated as medical, psychological, therapeutic, safety or emergency guidance. If you are in danger, in crisis or need urgent assistance, contact the relevant emergency services or qualified professional support directly.

6. Activities and your assumption of risk

The activity catalogue ranges widely - from low-risk activities such as restaurants, cafés, and museums to physically demanding or inherently dangerous activities such as hiking, climbing, water sports, snow sports, off-road activities, and martial arts.

You acknowledge and agree that:

• You choose which activities to undertake, and you do so at your own risk. We do not organise, supervise, inspect, or vouch for any activity, venue, route, or provider.
• The "intensity", "adventurousness", and similar indicators are rough, automatically generated estimates - they are indicative only and are not a measurement of difficulty, danger, fitness requirements, or suitability for you.
• You are responsible for assessing your own fitness, ability, health, equipment, and the conditions (such as weather, terrain, and local rules) before undertaking any activity, and for obtaining any qualified instruction, guiding, or medical advice that is appropriate.
• We give no assurance about safety, and we accept no responsibility for your physical health or for the consequences of activities you choose to undertake, except for liability that cannot be excluded under applicable law (see Section 16).
• Funpilot is not a substitute for official information, qualified guides, professional instructors, medical advice, safety warnings, weather warnings, emergency services, navigation systems, avalanche reports, water-safety information, road-safety information, or local rules.
• You must not rely on the Service as your only source of information when planning or undertaking activities that may involve physical, outdoor, weather-related, health-related, or safety risks.
• If you are in danger or need urgent assistance, contact the relevant emergency services directly. We do not guarantee that the Service, AI buddies, live-location features, notifications, maps, third-party data, or contacts will be available, accurate, or timely in an emergency.

7. Information accuracy and external sources

Catalogue and recommendation content is compiled automatically, including from third-party sources and AI. "Live" / current-event listings are gathered from selected third-party sources and may be out of date, changed, or cancelled. We do not guarantee that any information (including availability, pricing, location, opening details, or suitability) is accurate, complete, or current. Confirm details with the relevant provider before you rely on them.

Recommendations may be based on factors such as your homebase, preferences, saved activities, interactions, learned facts, buddy settings, popularity, availability of third-party data, editorial choices, technical constraints, and other relevance signals.

Recommendations are not guarantees of quality, safety, availability, suitability, value, or legal compliance. A higher ranking does not necessarily mean that an activity is objectively better, safer, more suitable, or more appropriate for you.

8. Connecting with other people - contacts and invitations

The Service lets you invite other people to chat and plan with you, including by email address.

• You decide who you connect with and whose invitations you accept. Only invite or accept people you know, and verify the person before accepting.
• When you invite someone by email who is not yet a user, we send them an invitation email on your instruction. Only invite people who would expect to hear from you. Do not use invitations to send unsolicited or bulk messages; we apply sending limits and may suspend this feature, or your account, for misuse.
• We are not responsible for the conduct of other users or for content that other people send you. You can decline and block other users; use those tools if someone behaves inappropriately.

9. Your content and the rights you grant us

You may submit content to the Service - for example messages, adventure names and notes, photos, posts, and comments.

You keep ownership of the content you submit. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, adapt for technical formatting, transmit, make available, and otherwise use your content as necessary to operate, secure, moderate, improve, and provide the Service, including showing it to the people or audiences you choose to share it with.

This licence lasts for as long as your content is hosted by us. It ends when the content is deleted, except where the content has already been shared with others, is retained in backups for a limited period, must be kept for legal reasons, or is needed to establish, exercise, or defend legal claims.

You are responsible for the content you submit. You confirm that you have the rights to submit it and that it does not infringe anyone else's rights or break the law.

Photos. When you upload a photo, you confirm that you took it or are entitled to use it, and that any identifiable people in it have agreed to appear. Uploaded photos may be checked automatically before they appear publicly, and we may refuse or remove content that breaches these Terms or our Community Guidelines.

Use of inputs and AI vendors. We may use your inputs, conversations, feedback, interactions, and other content to provide the Service, generate outputs, personalize suggestions, maintain safety, prevent misuse, debug technical issues, and improve the quality of the Service. We respect the private nature of your conversations. We do not design Funpilot as a service where human reviewers routinely read private chats. We may process conversations and related data where reasonably necessary to provide the Service, maintain safety, prevent misuse, investigate issues, provide support, debug technical problems and improve quality. Where possible, we use automated, aggregated, anonymised or pseudonymised methods, and human review is limited to cases where it is reasonably needed for these purposes.

Where we use external AI vendors to process your inputs, they act under contractual arrangements as described in the Privacy Policy and Sub-processor List. We configure these services to disable training on Funpilot data where the vendor supports this.

You may not use Funpilot, its content, outputs, catalogue, recommendations, buddy personalities, prompts, system design, or user interface to train, fine-tune, test, benchmark, develop, or improve competing AI systems or data products, unless we have expressly agreed to this in writing.

9a. Sharing adventures and live location with your contacts

You may choose to share an adventure with your contacts, who may comment on it, and you may choose to broadcast a live "beacon" showing that you are currently at an activity.

• Sharing is optional and under your control, and is limited to the audience you choose (your contacts).
• A beacon shares your real-time location with your contacts while it is active. Only turn it on if you understand and intend this; you can stop sharing at any time, and beacons expire automatically.
• Posts, comments, photos, and beacons are subject to our Community Guidelines and the reporting/removal process.

A beacon is not a security, rescue, monitoring, or emergency service. We do not guarantee that your contacts will see your location, receive a notification, understand your situation, or take action. You must not use location features to stalk, monitor, harass, pressure, deceive, or track another person without their knowledge and consent. We may restrict or suspend access to location features if we reasonably believe they are being misused.

10. Acceptable use

You agree not to: (a) use the Service for unlawful, harmful, abusive, deceptive, fraudulent, discriminatory, harassing, threatening, exploitative, or privacy-invasive purposes; (b) submit content that is unlawful, infringing, hateful, abusive, sexually exploitative, non-consensual, misleading, defamatory, violent, extremist, spam, malware, or otherwise harmful; (c) impersonate another person, misrepresent your identity, create misleading accounts, or deceive users about whether they are interacting with a person or an AI system; (d) use invitations, messaging, comments, or sharing features for unsolicited, bulk, commercial, or manipulative communications; (e) interfere with, overload, disrupt, probe, scan, bypass, reverse-engineer, decompile, scrape, crawl, copy, mirror, index, or extract the Service, except where this cannot lawfully be prohibited; (f) circumvent rate limits, access restrictions, safety systems, security features, usage limits, or technical protections; (g) use the Service or its outputs to train, fine-tune, develop, benchmark, or improve competing AI systems, recommendation systems, databases, activity catalogues, or similar services; (h) use the Service for commercial purposes without our prior agreement; (i) upload malicious code, attempt unauthorised access, or compromise the security or integrity of the Service or other users' accounts; or (j) use the Service in a way that violates the EU AI Act, consumer-protection law, data-protection law, intellectual-property law, platform rules, or other applicable laws.

Our Community Guidelines set out the rules for content shared with other users, and our Notice-and-Action process explains how to report content and how we act on reports.

10a. Community rules, reporting, and moderation

Our Community Guidelines explain what content and behaviour are allowed on Funpilot. They form part of these Terms.

We may review, restrict, demote, label, remove, or disable access to content, accounts, or features where we reasonably believe that they breach these Terms, the Community Guidelines, applicable law, or the rights of others.

Moderation may involve automated tools, human review, or a combination of both. Automated systems may make mistakes. Where legally required, we will provide information about our moderation decision and available complaint options. If you believe that content on Funpilot is unlawful, infringes your rights, violates your privacy, or breaches our Community Guidelines, you can report it through the reporting tools in the Service or by contacting us.

A valid report should include enough information for us to assess the issue, including the location of the content, the reason for the report, and your contact details where necessary.

We will assess reports and take appropriate action where required. This may include removing content, restricting access, warning a user, suspending an account, or declining the report if we do not find sufficient grounds for action.

We may take stricter action, including suspension or termination, in cases of serious misuse, repeated violations, unlawful content, threats, harassment, exploitation, fraud, spam, attempts to bypass safety systems, or conduct that creates risk for other users or for the Service.

11. Third-party links, places, and integrations

The Service links to third-party services and pages (for example maps, navigation, venue or official pages, and ticketing or booking providers such as Ticketmaster).

• These links and handoffs are provided for your convenience. When you follow them you leave Funpilot, and the third party's own terms and privacy practices apply.
• We are not a party to any transaction between you and a third party (such as a booking or ticket purchase), and we are not responsible for third-party services, content, availability, or pricing.
• Some activities offer "integrations" (for example to buy a ticket or book). Integrations are not available for every activity and are not guaranteed.
• If we receive a commission or other benefit from a third party when you use a link or integration, we will disclose this where required by law.

Third-party information may be inaccurate, incomplete, unavailable, outdated, delayed, cancelled, changed, or removed without notice. You should confirm important information directly with the relevant provider before relying on it. If we receive a commission, referral fee, affiliate payment, advertising fee, or other benefit from a third party, and this affects how a result, link, activity, or offer is displayed, we will disclose this where required by law.

Where content, links, activities, or results are sponsored, paid for, or influenced by a commercial relationship in a way that is legally relevant, we will disclose this in an appropriate manner.

12. Subscriptions, billing, and tips

Free and Premium. The Service offers a Free plan and a paid Premium plan. Premium costs EUR 12 per month including VAT (included at the rate of your country; the total including VAT is shown at checkout) and gives a larger weekly allowance of AI-buddy usage. The current features and limits of each plan are described in the Service.

AI-buddy usage may be measured through credits, messages, requests, or similar usage units. The current limits, reset periods, and included features are shown in the Service. Unless stated otherwise, unused usage units do not carry over to later periods and have no cash value.

We may apply reasonable technical limits to protect the Service, prevent misuse, control excessive automated use, and ensure fair availability for other users. These limits may apply even if you have not used your full Premium allowance.

We may temporarily reduce, pause or limit access to specific features if this is necessary for security, abuse prevention, technical stability, legal compliance or to avoid disproportionate strain on the Service. Temporary interruptions or limitations do not automatically entitle you to a refund, unless required by applicable law or stated in our Refund Policy. If a material interruption significantly affects your paid use of Premium, your mandatory consumer rights remain unaffected.

Seller and merchant of record. Onyx Blue Digital GmbH is the seller of record for Premium and any other paid features. Payments are processed through Stripe; because we use Stripe's managed payments, Sold Through Link, LLC acts as the merchant of record for the transaction.

Billing and renewal. Premium is billed in advance for the chosen period and renews automatically until you cancel. You can cancel at any time in your account settings; cancellation takes effect at the end of the current paid period, after which you move to the Free plan. We will tell you the price and the renewal terms before you subscribe.

Name your price. You may choose to make a voluntary "name your price" payment ("tip") to support Funpilot, processed through Stripe. It is entirely optional, is not required to use the Service, and does not buy any additional features or benefit. Our refund position is set out in the Refund Policy.

13. Your right of withdrawal (consumers)

If you are a consumer, you have the right to withdraw from a distance contract (such as a Premium subscription) within 14 days. We honour this with a full refund: if you subscribe and change your mind, you can get the whole amount back within 14 days of your payment, for any reason - we do not split or pro-rate it. Your free trial is not charged, so there is nothing to refund during it. Full details, the fair-use limits, and the model withdrawal form are in our Refund / Right-of-Withdrawal Policy.

14. Our intellectual property

The Service itself - including the software, design, user interface, text, branding, AI buddy personalities, prompts, workflows, recommendation logic and the structure and selection of the activity catalogue - is owned by Onyx Blue Digital GmbH (operating as Funpilot) or its licensors and is protected by copyright, trademark, and other laws. We grant you a limited, personal, non-transferable, non-sublicensable, revocable licence to use the Service in accordance with these Terms.

You receive no rights other than those expressly granted in these Terms. In particular, you may not copy, modify, adapt, translate, distribute, sell, rent, license, reverse-engineer, decompile, scrape, extract, or create derivative works from the Service, except where this cannot lawfully be prohibited. The Service includes third-party open-source components, which remain under their own licences. Where required, we provide notices or licence information in our Third-party Notices. Nothing in these Terms limits rights you may have under applicable open-source licences.

15. Suspension, termination, and account on hold

You may stop using the Service and delete your account at any time. When you request deletion, your account is scheduled for deletion after a grace period during which you can cancel; after that period your data is deleted, except where we must keep certain records by law (see the Privacy Policy).

We may suspend or terminate your access to the Service, or to specific features, if we reasonably believe that:

(a) you have materially breached these Terms;

(b) you have misused the Service, other users, AI features, invitations, location features, payment systems, or technical infrastructure;

(c) your account creates a security, legal, operational, or reputational risk;

(d) we are required to do so by law, court order, authority request, payment-provider requirement, app-store rule, or other binding obligation;

(e) continued provision of the Service is technically, legally, or economically unreasonable.

Where appropriate, we may first issue a warning or apply a less restrictive measure. In serious cases, we may act immediately.

If you are a paying subscriber and we terminate your access without cause attributable to you, your mandatory consumer rights, including any refund rights, remain unaffected.

Account on hold. If we change the Terms or Subscription Terms and you decline the updated version, your account is placed "on hold": you keep limited access (to accept the new terms, get support, manage your subscription, or delete your account) until you accept. If you are a paying subscriber, your paid access continues under the previous terms until the end of your current billing period.

16. Disclaimers and limitation of liability

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, liability for intent or gross negligence, liability under mandatory product-liability law, or your mandatory consumer rights.

Subject to the previous paragraph and to the maximum extent permitted by applicable law, Funpilot is not liable for loss or damage arising from:

(a) your decision to undertake, cancel, change, or rely on any activity, route, event, venue, booking, ticket, provider, or recommendation;

(b) inaccurate, incomplete, outdated, unsafe, unsuitable, or unavailable AI-generated output or third-party information;

(c) the conduct, statements, content, availability, or actions of other users or third parties;

(d) third-party services, websites, maps, ticketing systems, booking providers, payment providers, app stores, login providers, or external platforms;

(e) interruptions, delays, errors, maintenance, security issues, data loss, unauthorised access, or technical failures, unless liability cannot lawfully be excluded;

(f) indirect, incidental, consequential, or unforeseeable loss, loss of profit, loss of business, loss of opportunity, reputational harm, or similar damage.

Where liability for slight negligence cannot be excluded under applicable law, our liability is limited to foreseeable damage typical for this kind of contract.

Your statutory rights in relation to digital services, paid subscriptions, and consumer contracts remain unaffected.

16a. Availability, maintenance, and security

We aim to provide a reliable Service, but we do not guarantee uninterrupted availability, specific uptime, error-free operation, or continuous access to every feature. The Service may be unavailable, limited, or interrupted due to maintenance, security updates, technical changes, capacity issues, third-party outages, network problems, misuse prevention, legal requirements, or events beyond our reasonable control.

We use reasonable technical and organisational measures to protect the Service. However, no online service can be completely secure, and we cannot guarantee absolute protection against cyberattacks, unauthorised access, data loss, service disruption, or security vulnerabilities.

We may update, improve, modify, add, or remove features from time to time. We may also change the design, user interface, technical infrastructure, AI models, vendors, usage limits, and feature availability. Where a change materially affects your paid use of Premium to your disadvantage, we will inform you in advance where required and give you the rights required by applicable consumer law.

17. Changes to the Service and to these Terms

We may update these Terms from time to time, for example to reflect changes to the Service, legal requirements, security needs, business models, AI features, third-party services, or user-protection measures. If a change is material, we will notify you in an appropriate way before it applies. Where required, we will ask you to accept the updated Terms before you continue using the Service.

A material change is a change that materially affects your rights, obligations or paid use of Premium to your disadvantage, for example a price increase, a significant reduction of usage allowances, or the removal of a core paid feature. Technical updates, security updates, bug fixes, UI improvements, new features, vendor changes or temporary restrictions for security, legal or stability reasons are not material changes unless they materially reduce your paid use of the Service.

If you do not accept a material change, we may place your account on hold. While your account is on hold, you may have limited access to accept the new Terms, contact support, manage your subscription, cancel Premium, export available data where applicable, or delete your account.

If you are a paying subscriber, material changes that adversely affect your paid subscription will not affect your current paid period unless you accept them or unless the change is required for legal, security, or urgent technical reasons. The version in force is always available on our website.

18. Governing law, jurisdiction, and dispute resolution

These Terms are governed by Austrian law, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, the mandatory consumer-protection law of your country of residence still applies, and you may bring proceedings in the courts available to you under that law.

We are not obliged, and are not willing, to participate in dispute-resolution proceedings before a consumer arbitration board.

19. Contact

The Service is operated by:

Onyx Blue Digital GmbH, Tuchlauben 7A, 1010 Wien, Austria - support@funpilot.ai.

Full company details are available in our Impressum. Reports concerning unlawful content, rights violations, or breaches of our Community Guidelines can be submitted through the reporting tools in the Service or by contacting us.