Terms of Use

Working draft – alpha / in development

Shiyano is currently in active development and not yet publicly available in the Apple App Store. Some features may be available only to developers or testers. Features, technical processes and the scope of the app may change before public release.

This version describes the current state of development. Features that are planned but not yet implemented are not described as existing features.

These Terms of Use govern the use of Shiyano. By creating a NubisMedia account or otherwise accepting these Terms of Use, you agree to them.

1. The Shiyano service

Shiyano is an app for asking, learning, researching and making pictures with AI, on your own or together. Today it is in development; AI features are not active yet. Features depend on device and plan.

2. Guest, account and minimum age

As a guest you use Shiyano without an account, as far as your device and its settings for children (such as Screen Time or Family Sharing) allow. AI features require an account.

Minimum age. You only create an account for Shiyano yourself if you are at least 18 years old; the same applies to subscriptions and credits. Family members aged 13 and over can be invited into a family by an adult – this feature is in development.

"Sign in with Apple" creates a NubisMedia account: one account shared by the NubisMedia apps, with one membership per app. You are responsible for reasonably protecting your account and device. If you suspect misuse of your account, write to us as soon as possible.

3. Plans and offers

With an account you use Shiyano on the free Basic plan or on the paid Pro and Ultra plans. Which features and limits a plan has is shown in the app under "Your plan" and before every purchase. A bundle may cover several NubisMedia apps; each app then gets its own subscription and its own credits.

The service enforces the limits; reaching one is not an error. If you move to a plan with lower limits, nothing is deleted.

Changes to plans and limits that leave you worse off apply to an active subscription at the earliest from its next renewal; we announce them in the app beforehand.

4. Subscriptions in the App Store

You buy Pro and Ultra in the app as an auto-renewing subscription, monthly or yearly. It is sold and billed by Apple through your Apple ID; Apple's terms apply in addition.

• Price: the price the App Store shows before purchase, including your country's taxes.
• Renewal: the subscription renews for the same period unless you cancel it at least 24 hours before it ends.
• Cancelling: at any time in your Apple ID settings; the plan stays until the end of the paid period, then Basic applies.
• Refunds: under Apple's rules.
• Restoring: your purchases are tied to your Apple ID. On a new device you sign in; "Restore purchases" fetches them from Apple again if needed.

Statutory rights you have as a consumer remain unaffected.

5. Credits

Some features cost credits. How many is shown in the app before you tap; what does not come about costs nothing.

• Credits from your subscription come with Pro or Ultra every month. They expire at the end of the month and when the subscription ends.
• Purchased credits (credit packs in the App Store) do not expire and are available on every plan, including Basic.
• Used first are the credits from the subscription, then purchased ones.
• What for: credits apply only in the app for which you bought them or with whose subscription you received them – even with a bundle each app has its own. They are not money, not transferable and not paid out.
• Restoring: purchased credits are tied to your purchases with Apple. If you sign in again after deleting your account, we check the transactions of your Apple ID signed by Apple; that way you get an active subscription and unused purchased credits back.
• Prices in credits may change for future use; your balance of purchased credits is not affected.

Refunds follow Apple's rules; statutory rights remain unaffected.

6. Prohibited use

In particular, you may not use Shiyano to:

• create or distribute unlawful content or support unlawful acts;
• create, edit or distribute depictions of child sexual abuse or other unlawful depictions of sexualised violence; sexualise children;
• threaten, deliberately harass, insult or demean other people or infringe their personality rights;
• use content in breach of copyright, trade mark, name, data protection or other rights of third parties;
• promote unlawful discrimination, violence or hatred against other people;
• circumvent limits, plans, credits, content checks or security mechanisms, address, attack or scrape the app or our services in an automated way, or access data of other accounts.

This list is not exhaustive. Other unlawful uses or uses in breach of contract are also prohibited.

7. Leaving Shiyano or deleting your account

In the app you can leave Shiyano or delete your NubisMedia account for all apps. Your account data then disappears; afterwards you go on using Shiyano as a guest.

An active subscription does not end as a result; you can only cancel it with Apple. Deletion does not automatically give rise to a refund; statutory rights and Apple's rules remain unaffected. If you sign in again with the same Apple ID, you get an active subscription and purchased credits back on the basis of the purchase data signed by Apple (section 5). Details are in the Privacy Policy.

8. Restriction and suspension

We may temporarily restrict or suspend accounts or individual online features where this is reasonably necessary to protect the account, users, systems or the service – for example in the case of compromised accounts, misuse, circumvention of limits, automated use that endangers security, or legal violations. Where appropriate, we warn you beforehand; in the case of serious or repeated violations we may terminate the account and the contract for good cause. Notices or remedies required by law are provided; in the case of significant security risks or serious misuse, immediate action may be justified.

What is already on the device stays readable; Shiyano remains usable as a guest. A suspension does not automatically end an App Store subscription. If you think a decision is wrong, write to support@shiyano.com; we will look at it again.

9. Third-party services

Features may depend on Apple, AI providers or other cloud, software and operating-system providers. We do not control their lasting availability or changes. As far as reasonably possible we adapt Shiyano; we cannot guarantee that dependent features remain available unchanged.

10. Availability and changes

We strive for reliable and secure operation. Software may contain errors and services may fail. We do not guarantee uninterrupted operation or error-free functioning on every device. We may update Shiyano, fix errors and develop or change features. Mandatory consumer rights remain unaffected.

Without the internet Shiyano starts with the last known state. Online features – signing in, AI and purchases – need a connection. Without a connection your plan applies as the device last knew it, for at most 30 days; after that the limits of Basic apply until the app can fetch the plan again. Nothing is deleted in the process.

11. Liability

We are liable without limitation where required by law, in particular for intent, gross negligence and damage arising from injury to life, body or health. For simple negligence we are liable for breach of essential contractual obligations, the fulfilment of which makes proper performance of the contract possible and on whose observance you may regularly rely; in that case liability is limited to foreseeable damage typical of the contract. Otherwise liability for simple negligence is excluded as far as permitted by law. Mandatory liability and consumer rights remain unaffected.

12. Data protection

The processing of personal data is set out separately in the Shiyano Privacy Policy.

13. Changes to these Terms of Use

We may update these terms when Shiyano, services or the law change. Where renewed consent is required, we ask for it in the app before the new version applies. Without consent you cannot go on using your account, but you can use Shiyano as a guest. Records of consent are kept as set out in the Privacy Policy.

14. Applicable law and dispute resolution

German law applies. If you are a consumer, the mandatory protective provisions of the country in which you live remain unaffected.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

15. Contact

Questions: support@shiyano.com. Full provider details are in the Imprint.