Terms of Service

1. Acceptance of Terms

By accessing and using Temper (the "App") and any other site, application, API, or content (together, the "Service"), offered, owned or operated by BONSAI TECH SOLUTIONS S.R.L. ("we", "us", or "our", the "Company"), you accept and agree to be bound by the following terms and conditions ("Terms"). If you do not agree with these Terms, you may not use the Service.

By creating an account, downloading the App, or otherwise accessing the Service, you affirmatively agree to be bound by these Terms. You will be presented with these Terms during initial setup and must actively accept them to proceed with using the Service. Your acceptance creates a legally binding agreement between you and the Company.

Please also read our Privacy Policy for information on how we collect and use personal information. By using or accessing the Service, you acknowledge the applicability of the Privacy Policy. All references to "you" or "your", as applicable, make reference to the person who accesses, uses, and participates in the Service.

2. Business Information

The Company operates the Service and can be reached at the following:

Legal Name: BONSAI TECH SOLUTIONS S.R.L.
CUI: 54814164
Registry No.: J2026036179000
Email: contact@temper-app.com
Phone: +40 750 278 252
Website: https://temper-app.com

For formal legal correspondence or general inquiries, please use the contact details provided above. We will respond within a reasonable timeframe.

3. Eligibility and Age Restrictions

The Service is intended solely for users who are eighteen years of age or older. By accepting these Terms and using the Service, you represent and warrant that you are at least eighteen years old and have the legal capacity to enter into this binding agreement.

The Service is not directed at children under the age of eighteen, and we do not knowingly collect personal information from minors. If you are under eighteen years of age, you are not permitted to use the Service. If we discover that a user is under the age of eighteen, we will terminate that user's account and delete all associated data.

If you are a parent or guardian and believe that your child under eighteen has created an account or provided personal information to us, please contact us immediately at the email address provided in the Business Information section so that we can take appropriate action.

4. Use License

Your access to the Service and all content contained therein, or created from, is licensed to you, not sold. You may only use the Service in accordance with the Terms. All rights not expressly granted to you in these Terms are reserved by us, except that this does not affect your statutory rights.

You may not modify or copy the App materials, attempt to gain unauthorized access to any part of the Service or related systems, interfere with or disrupt the Service or servers or networks connected to the Service, use automated systems including robots, spiders, or scrapers to access the Service, use the Service for any commercial purpose without our express written permission, attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the software, or remove any copyright, trademark, or other proprietary notations from the Service.

The license granted to you is personal, non-exclusive, non-transferable, and revocable. We reserve the right to revoke this license at any time if you breach these Terms or use the Service in a manner inconsistent with its intended purpose.

5. Intellectual Property Rights

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software code, design elements, and the overall look and feel of the Service, are the exclusive property of the Company or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Temper name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use these marks without our prior written permission. Other names, logos, and brands mentioned in the Service may be the trademarks of their respective owners.

The underlying software, algorithms, machine learning models, artificial intelligence systems, database structures, and proprietary methodologies used to power the Service are the confidential and proprietary information of the Company. You acknowledge that you receive only a limited right to use the Service and acquire no ownership rights to any intellectual property.

While you retain ownership of the financial data and information you enter into the App as described in the User Content section, you do not acquire any rights to the Service's proprietary systems, analytical tools, user interface designs, or the manner in which your data is processed, analyzed, or presented to you. The intellectual property embodied in these systems remains solely with the Company.

You may not copy, modify, distribute, sell, or lease any part of the Service or its underlying intellectual property. You may not attempt to extract the source code of the software unless such restrictions are prohibited by law or you have our written permission to do so.

6. User Responsibility

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information when creating and using your account, use a strong password and keep it secure, never share your login credentials with others, notify us immediately if you suspect unauthorized access to your account, and log out of your account when using shared or public devices.

You understand that you are solely responsible for any and all activities conducted through your account, whether or not you have authorized such activities. If you believe that your account security has been compromised, you must notify us immediately so that we can take appropriate protective measures.

Lawful Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You are solely responsible for all data you enter into the App, all financial decisions you make based on the App's tracking, calculations, or any other content generated by using the Service, ensuring your use complies with applicable laws and regulations in your jurisdiction, and any consequences resulting from your use of the Service.

You may not use the Service to engage in any illegal activity, to infringe upon the rights of others, to transmit any harmful code or malicious software, to interfere with the security or integrity of the Service, or to collect information about other users without their consent.

Limitation of Our Liability

To the extent permitted by law, we disclaim liability for content, actions, or decisions made by users of the Service, financial outcomes resulting from your use of the App, losses arising from unauthorized access due to compromised credentials, and any indirect, incidental, or consequential damages arising from your use of or inability to use the Service.

You acknowledge that the Service is a tool to assist with financial tracking and organization, and that all final decisions and responsibilities rest with you as the user. We do not assume any responsibility for the financial decisions you make based on information provided by or derived from the Service.

7. User Content and Data Ownership

You retain full ownership of all financial data and information you enter into the App. Your transaction records, budgets, savings goals, notes, categories, and other personal financial information remain your property at all times. We claim no ownership rights over the content you create or upload to the Service.

By using our Service, you grant us a limited, non-exclusive, worldwide license to store, process, display, and analyze your data solely for the purpose of providing the Service to you. This includes storing your data on secure servers operated by us or our service providers, performing calculations and analytics to generate insights and reports, presenting your information back to you through the App interface, and using aggregated and anonymized data to improve the Service, provided that such aggregated data cannot be used to identify you personally.

We respect your privacy and will not sell, rent, or share your personal financial data with third parties for their own marketing or commercial purposes. Any sharing of data will only occur with your explicit consent, as required by law, or as necessary to provide the Service to you as described in our Privacy Policy.

You may revoke your consent and request deletion of your data at any time by contacting us or using the data management features within the App. Upon receiving a valid deletion request, we will delete your personal data within a reasonable timeframe as described in our data retention policies, subject to any legal obligations to retain certain information.

You represent and warrant that you have all necessary rights to the data you provide to the Service and that your data does not violate any third-party rights or applicable laws.

8. AI-Generated Content and Financial Information

The Service may use artificial intelligence, machine learning algorithms, and automated systems to analyze your financial data and provide insights, suggestions, categorizations, forecasts, and other analytical outputs. You acknowledge and agree that all AI-generated content is algorithmic output based solely on the data you provide and the parameters of our analytical models.

AI-generated insights, recommendations, and analysis are provided for informational and educational purposes only and do not constitute professional financial, investment, tax, or legal advice. These outputs should not be relied upon as a substitute for consultation with qualified professionals. The accuracy, completeness, and reliability of AI-generated content may vary and should be independently verified before making any financial decisions.

We make no representations or warranties regarding the accuracy of AI-generated content. Machine learning models may produce errors, inconsistencies, or unexpected results. You are solely responsible for evaluating the relevance and accuracy of any AI-generated insights and for making your own independent financial decisions.

We are not liable for any losses, damages, or consequences arising from your reliance on AI-generated content or from decisions made based on such content. You use AI-generated features at your own risk and discretion.

9. Third-Party Services and Integrations

The Service integrates with and relies upon various third-party service providers to deliver certain functionality. These third-party services include but are not limited to OpenAI for artificial intelligence and natural language processing capabilities, our open banking provider for secure banking connections and financial data aggregation, Supabase for cloud infrastructure, database management, and authentication services, RevenueCat for subscription and billing management, and other third-party providers for analytics, cloud storage, and related services.

Your use of these third-party services through our App is subject to the respective terms of service and privacy policies of those third-party providers. We encourage you to review the terms and policies of any third-party service that you access through our Service. We do not control and are not responsible for the terms, policies, or practices of any third-party services.

We are not liable for any issues, damages, losses, or consequences arising from the performance, reliability, availability, or security of third-party services. This includes but is not limited to service interruptions, data breaches occurring at the third-party level, errors in data provided by third-party services, or changes to third-party terms or pricing.

If a third-party service becomes unavailable or changes its terms in a way that affects our ability to provide certain features, we reserve the right to modify or discontinue those features. We will make reasonable efforts to notify you of significant changes to third-party integrations, but we are not obligated to find alternative providers or maintain specific integrations indefinitely.

By using features that rely on third-party services, you authorize us to share necessary information with those providers as described in our Privacy Policy. You are responsible for maintaining any separate accounts or agreements you may have with third-party providers.

10. Subscription Terms and Billing

The Service may be offered under different subscription tiers, including free and paid plans. The specific features, limitations, and pricing for each tier will be clearly displayed within the App and on our website.

Subscription Plans

Free tier users have access to basic features as described in the App. Paid subscription tiers offer additional features, higher usage limits, advanced analytics, and other premium functionality as specified in the plan details. We reserve the right to modify the features available in each tier, add new subscription levels, or retire existing plans with reasonable notice to affected users.

Billing and Payment

If you subscribe to a paid plan, you agree to pay all applicable fees as described at the time of purchase. Subscription fees are billed in advance on a recurring basis according to the billing cycle you selected, whether monthly, annually, or another interval. Payment will be charged to your chosen payment method on the first day of each billing cycle.

You authorize us to charge your payment method automatically for each billing cycle until you cancel your subscription. You are responsible for providing accurate and current payment information and updating it as necessary. If your payment method fails, we may suspend your access to paid features until payment is received.

All fees are stated in the currency specified at the time of purchase and are non-refundable except as required by law or as explicitly stated in our refund policy. Prices are subject to change, but we will provide advance notice of any price increases. Price changes will apply to subsequent billing cycles after the notice period.

Cancellation and Refunds

You may cancel your subscription at any time through the account settings in the App or by contacting customer support. Cancellation will take effect at the end of your current billing cycle. You will continue to have access to paid features until the end of the period you have already paid for, after which your account will revert to the free tier if available.

We do not provide refunds for partial billing periods. If you cancel in the middle of a billing cycle, you will not receive a prorated refund for the unused portion unless required by applicable law.

Changes to Subscription

You may upgrade or downgrade your subscription tier at any time. Upgrades will take effect immediately, and you will be charged the prorated difference for the remainder of your billing cycle. Downgrades will take effect at the start of your next billing cycle.

Free Trial Periods

We may offer free trial periods for paid subscription tiers. If you sign up for a free trial, you will have access to the specified features for the trial duration. Unless you cancel before the trial period ends, your payment method will be automatically charged for the subscription at the regular price, and your subscription will continue on a recurring basis.

Subscription Termination

We reserve the right to terminate or suspend your paid subscription if you breach these Terms, engage in fraudulent payment activity, or misuse the Service. In such cases, you may not be entitled to a refund of any prepaid fees.

11. Service Availability and Modifications

While we strive to provide continuous and reliable service, we cannot guarantee uninterrupted access to the App. The Service is provided on an "as available" basis, and there may be times when the App is temporarily unavailable due to scheduled maintenance, emergency updates, technical difficulties, or circumstances beyond our control such as internet service provider failures, hosting provider issues, or force majeure events.

We reserve the right to modify, suspend, or discontinue any features or functionality of the Service at any time, with or without notice. This may include adding new features, removing existing features, changing how certain features operate, modifying user interface elements, or altering the structure or organization of the Service. We may also perform scheduled maintenance or deploy emergency updates that temporarily limit access to the Service.

Additionally, we may release App updates that include new features, security improvements, bug fixes, performance enhancements, or changes to comply with legal or regulatory requirements. These updates may be deployed without advance notice, though we will make reasonable efforts to minimize disruption to your use of the Service and to communicate significant changes through in-app notifications or other means.

We are not liable for any losses, damages, or inconvenience resulting from service interruptions, modifications, or the discontinuation of features. We do not guarantee that the Service will be available at all times or that it will be free from errors, bugs, or technical issues.

12. Disclaimer of Warranties

The App is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and any warranties arising from course of dealing or usage of trade.

We make no warranty or representation that the Service will meet your specific requirements or expectations, that it will operate without interruption or errors, that all defects will be corrected, or that the Service will be compatible with all devices or operating systems. We do not guarantee that the calculations, categorizations, insights, forecasts, or AI-generated analysis provided by the App will be accurate, complete, current, or reliable for your financial decision-making purposes.

You acknowledge that any reliance on the Service is at your own risk. We do not warrant that the Service will be free from viruses, malware, or other harmful components, or that your data will be completely secure from unauthorized access, though we implement reasonable security measures as described in our Privacy Policy and data security documentation.

This disclaimer does not affect any statutory rights that cannot be waived or limited under applicable consumer protection laws in your jurisdiction. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Not Financial Advice

The App is a financial tracking and organizational tool, not a financial advisory service. We do not provide financial, investment, tax, legal, or accounting advice. Any information, insights, suggestions, or analysis provided by the Service, including AI-generated content, is for educational and informational purposes only and should not be construed as professional advice.

You should not rely on the Service as a substitute for consultation with qualified financial advisors, certified public accountants, investment professionals, tax attorneys, or other licensed professionals. We strongly recommend that you seek independent professional advice before making any significant financial decisions.

We are not licensed financial advisors, registered investment advisors, or certified financial planners. We do not recommend specific investments, financial products, or strategies. Any references to financial concepts, investment strategies, or market conditions are provided solely for educational purposes and do not constitute recommendations or endorsements.

13. Limitation of Liability

To the maximum extent permitted by applicable law, the Company, its affiliates, officers, directors, employees, agents, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, use, goodwill, or other intangible losses resulting from your access to or use of or inability to access or use the Service, any conduct or content of any third party on or through the Service, any content obtained from the Service, or unauthorized access, use, or alteration of your transmissions or content.

We shall not be liable for any damages arising from financial decisions you make based on information provided by the Service, reliance on AI-generated content, insights, or recommendations, errors, inaccuracies, or omissions in calculations or data processing, losses resulting from service interruptions or unavailability, damages caused by third-party services integrated with our Service, or losses arising from unauthorized access to your account due to compromised credentials or security vulnerabilities not caused by our gross negligence.

In no event shall our aggregate liability for all claims related to the Service exceed the greater of one hundred dollars or the amount you paid us in the twelve months preceding the claim. This limitation applies regardless of the legal theory upon which the claim is based, including breach of contract, breach of warranty, tort, strict liability, or any other basis.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

This limitation of liability reflects the allocation of risk between the parties. The fees charged for the Service reflect this allocation of risk and the limitations of liability specified in these Terms. You acknowledge that we would not provide the Service without these limitations.

14. Account Termination and Data Retention

We reserve the right to terminate or suspend your access to the App immediately and without prior notice if you breach these Terms, engage in fraudulent activity, use stolen or invalid payment methods, misuse the Service in a manner that could harm other users or our systems, violate applicable laws or regulations through your use of the Service, or engage in abusive behavior toward our staff or other users.

Upon termination of your account, whether initiated by you or by us, your right to access and use the Service will immediately cease. You will no longer be able to log in to your account, access any features of the App, or retrieve data except as provided below.

Voluntary Account Closure

If you wish to terminate your account voluntarily, you may do so at any time through the account settings within the App or by contacting our support team. We will process your account closure request within a reasonable timeframe. If you have an active paid subscription, please review the Subscription Terms and Billing section for information about cancellation and refunds.

Data Export and Retention

We recommend exporting your data before closing your account. You can do so at any time through the account settings in the App. Upon account deletion, all data associated with your account — including transaction records, categories, and any other content you created — will be permanently deleted within thirty days and cannot be recovered.

We may retain certain information for a longer period if required by law, necessary for legal compliance, to resolve disputes, to enforce our agreements, or for legitimate business purposes such as fraud prevention and security. Such retained information will be maintained in accordance with our data retention policies and applicable legal requirements.

If your account is terminated for violation of these Terms, we may retain information necessary to prevent you from creating new accounts or to protect other users and the integrity of the Service.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Romania, without giving effect to any principles of conflicts of law that would require the application of the laws of a different jurisdiction. This choice of law applies to all aspects of these Terms and your use of the Service, including any disputes or claims arising from or related to these Terms.

Any disputes, claims, or controversies arising out of or relating to these Terms, your use of the Service, or your relationship with the Company shall be resolved in the courts of Romania, and you consent to the exclusive jurisdiction and venue of such courts. You waive any objection to jurisdiction or venue in such courts.

If any provision of these Terms is found to be unenforceable or invalid under applicable law by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

You and the Company agree that any cause of action arising out of or related to the Service must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provisions. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Company. No waiver of any breach of these Terms shall constitute a waiver of any other breach.

16. Changes to Terms

We reserve the right to modify or update these Terms at any time to reflect changes in our practices, service offerings, legal requirements, industry standards, or for any other reason we deem appropriate. When we make material changes to these Terms, we will notify you through one or more of the following methods: a prominent notice within the App interface, an email notification to the address associated with your account, a notification through the App's notification system, or a message displayed when you next log in to your account.

The updated Terms will indicate the effective date at the top of the document. We encourage you to review these Terms periodically to stay informed of any changes. Material changes will typically be accompanied by a reasonable notice period before they take effect, allowing you time to review and understand the modifications.

Your continued use of the App following the posting of modified Terms constitutes your acceptance of those changes. If you do not agree with the updated Terms, your sole remedy is to discontinue using the Service and close your account as described in the Account Termination and Data Retention section. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted the changes.

For significant changes that materially affect your rights or obligations, we may require you to affirmatively accept the new Terms before continuing to use the Service. In such cases, you will be presented with the updated Terms and asked to indicate your acceptance.

We may also make minor changes to these Terms to correct typographical errors, update contact information, or make other non-substantive modifications without notice. Such changes will not materially affect your rights or obligations under these Terms.

17. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on or in connection with the Service, constitute the entire agreement between you and the Company regarding your use of the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.

Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms, in whole or in part, without our prior written consent. Any attempted assignment without such consent will be null and void. We may assign or transfer these Terms or our rights and obligations under these Terms at any time without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent. If such modification is not possible, the provision shall be severed from these Terms.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.

Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employer-employee, or agency relationship between you and the Company. You have no authority to bind the Company in any way whatsoever.

Notices

All notices to you under these Terms may be delivered through the App or by email to the address associated with your account. Notices to us should be sent to the contact information provided in the Business Information section. Notices sent by email will be deemed received on the business day sent.

No Third-Party Beneficiaries

These Terms are for the benefit of and enforceable by the parties only. These Terms are not intended to confer any right or benefit on any third party, and no third party shall have any right to enforce any provision of these Terms.

18. Contact Information

If you have questions, concerns, or feedback regarding these Terms, we welcome you to contact us through the following channels:

Company: BONSAI TECH SOLUTIONS S.R.L.
CUI: 54814164
Registry No.: J2026036179000
Email: contact@temper-app.com
Phone: +40 750 278 252
Website: https://temper-app.com

We aim to respond to all inquiries within a reasonable timeframe, typically within three to five business days for general inquiries. For urgent matters related to account security, unauthorized access, or data breaches, please contact us immediately through the App's support features or the email address provided above, and we will prioritize your request.

For legal notices, formal complaints, or official correspondence, please use the contact details provided in the Business Information section and clearly mark your correspondence as time-sensitive if appropriate.

By using Temper, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.