Terms of use

INTRODUCTORY PROVISIONS

These Terms of Use ("Terms") govern your access to and use of the AI Scan web application (jointly, “AI Scan”). These Terms are supplemented with Model Configuration Terms (“Configuration Terms”) when model configuration is ordered (“Services”); in such a case Configuration Terms form integral part of the agreement as defined in Article 1.4 below.

AI Scan is operated and provided by BottleCap SE, with its registered office at Hugo Haase 1266/2, Hlubočepy, 15200 Praha 5, registration number: 23012854, registered in the commercial register in the Municipal Court in Prague with commercial register number H 2731 ("Provider", "we", or "us").

These Terms expressly cover your (also “Users”, or “you”) rights and obligations, and our disclaimers and limitations of legal liability, relating to your use of, and access to, AI Scan, all of that jointly with Configuration Terms relating to the Services.

By accessing or using AI Scan as well as by acknowledging these Terms by other means (ie. by registering the Account, etc.), you accept and agree to be bound by and to comply with these Terms (also the “agreement”). Prior to accessing or using AI Scan, you shall also carefully review the disclosures and disclaimers set forth in these Terms in their entirety.

Users who are consumers (B2C) shall also ready Article 8 that contains other information relevant to them with respect to the use of AI Scan. Please keep in mind that provisions of Article 8 shall only apply to consumers.

Please keep in mind that:

AI Scan is still in development with limited functionality which will be developed in phases;

the individual content of AI Scan may (also) be created by AI under the methodologies and using the research carefully created by us; and

we cannot guarantee the current functionality of AI Scan or Services moving forward.

By accepting the Terms, you acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us, which is not explicitly set out in the Terms or Configuration Terms, and/or explicitly agreed upon in the email (both offer and acceptance shall be present).

AI SCAN

AI Scan is a digital dashboard that evaluates the behavior of third-party Artificial Intelligence (AI) Large Language Models (LLMs). It allows Users to view the outcomes of the Provider's algorithmic stress tests on third-party AI models. However, AI Scan does not allow Users to interact directly with the evaluated AI models, input custom prompts, or alter the testing methodology.

You can also apply for the newsletter or engage the “Watchdog” function if you need to monitor Artificial Intelligence (AI) Large Language Models (LLMs) shifts, ie. between releases.

AI Scan displays a "Shift Score" generated through our proprietary Systematic Perturbation Testing. This score reflects algorithmic probabilities based on automated stress tests. The specific methodology and research specification as well as further details pertaining to the generation of “Shift Score” can be found in our articles found at: https://scan.bottlecapai.com/blog and Methodology page.

While AI Scan mathematically adjusts for the directionality of an AI's responses to indicate statistical preferences or avoidance, you acknowledge that the data, rankings, and Shift Scores presented in AI Scan are algorithmic evaluations and statistical opinions. They do not constitute absolute statements of objective fact, nor do they imply intentional human prejudice, malice, or commercial disparagement by the creators of the evaluated AI models.

The content of AI Scan is published for transparency, research, and general informational purposes. We make no representations regarding the suitability of the data for compliance, legal, or enterprise risk-assessment purposes. You agree that you will not rely solely on AI Scan's metrics to make critical business, financial, or legal decisions. You acknowledge not construe any such information or other material available at as legal, tax, investment, financial, or other advice. Nothing contained in AI Scan constitutes solicitation, recommendation, endorsement, or offer to buy or sell any product or services provided by any third-party service providers.

The information pertaining to AI Scan as well as functionality of AI Scan are subject to change without further notice.

Provision of AI Scan

These Terms (when accepted) constitute a binding legal agreement between the User and the Provider.

To access and use AI Scan as well as to access its user interface, you may be required to create and use the account (“Account”). The sole purpose of the Account is to provide the User with access rights to AI Scan. As such the duration of the Account directly correlates to duration of the provision of services under these Terms.

AI Scan is offered under a tiered model. The baseline version is provided free of charge with limited functionality. Increased functionality is available through paid subscription plans (currently only a “Pro” plan), and highly tailored services are available under customized “Enterprise” plans. The specific features available under each tier are detailed on our Pricing page (“Pricing”) and/or in the specific order confirmation, which forms an integral part of the binding agreement.

Furthermore, specific on-demand services and the separate configuration Services require the prepayment as defined in Article 4.2 ('Tokens').

The User undertakes not to abuse any of the rights under these Terms and/or the agreement.

Fees, Subscriptions, and Tokens

Access to premium AI Scan functionality (as defined in the monetized plans categorized in the Pricing) requires an active paid subscription. Subscription fees are billed on a recurring basis (e.g., monthly) depending on the plan selected at checkout.

Tokens act as prepaid, non-refundable payment for specific future services within AI Scan, such as custom model analysis within AI Scan or Services. Tokens have no cash value, cannot be exchanged back to fiat, and are strictly non-refundable once purchased.

Tokens may be purchased as a one-time transaction or through an automatic replenishment feature ("Auto Top-Up").

By subscribing and/or enabling Auto Top-Up, you expressly authorize us to automatically charge your saved payment method (and through our designated payment processor) to:

to charge your selected payment method automatically on a recurring basis until you cancel your subscription, or

purchase a predefined number of Tokens whenever your Token balance falls below a specified threshold.

You can manage or disable your subscription as well as Auto Top-Up at any time within your Account billing settings.

All payments are securely processed by our third-party payment service provider, Stripe. By inputting your payment information, you agree to Stripe’s applicable terms of service and privacy policy. We do not directly store your full credit card details on our servers.

All applicable subscription fees and Token prices are explicitly stated on the AI Scan Pricing page and/or at the checkout page prior to order confirmation. Depending on your location and whether you are a B2B or B2C User, prices may be subject to Value Added Tax (VAT) or other applicable sales taxes, which will be calculated and displayed at checkout in accordance with EU tax regulations.

You expressly agree to receive all invoices and billing statements electronically. Electronic invoices will be made available to you within your Account dashboard or sent to the email address associated with your Account.

We reserve the right to modify our subscription fees or Token prices at any time. Any changes to the pricing of recurring subscriptions will apply no earlier than the next billing cycle. We will notify you of any price changes at least 14 days in advance, giving you the opportunity to cancel your subscription before the new rates take effect; the provisions of Article 10 apply.

Limitation of Liability

We do not guarantee that AI Scan, Services, or any content, service, or feature of AI Scan will be completely error-free or uninterrupted, or that the use of AI Scan will be available at all times. You acknowledge that AI Scan and Services are delivered on an “as-is”, “as-available” basis.

Any deficiencies in AI Scan that do not affect the functionality of AI Scan are considered a defect that does not affect its use.

In no event shall we be liable for any failure or delay in performing our obligations and duties under these Terms, where such failure or delay is caused by abnormal and unforeseeable circumstances beyond our control, such as e.g., interruptions or unavailability of telecommunication systems or due to fire or similar disasters, power cuts, failure of computer systems, or attacks against our systems. Furthermore, we shall not be liable for damages resulting from the implementation of legal provisions, measures taken by public authorities, declared or imminent, acts of war, revolutions, civil wars, pandemics, fait du prince, strikes, lockouts, boycotts, and picketing, regardless of whether we are a party to the conflict or if our AI Scan or Services are only partially affected or where a failure or delay occurs as a result of our compliance with legal obligations or national or foreign laws or regulations or decisions of authorities.

We shall not be held responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with AI Scan or related services if it was caused by the User, third parties or obstacles created independently of our will as well as in the event the User violated these Terms and/or maintained insufficient security.

You shall indemnify, defend, and hold the Provider, its employees and its subcontractors harmless from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs, relating to or arising from any violation of the Terms by you.

Neither of us or any of our affiliates, subsidiaries, contractors, licensors, officers, directors, agents, or employees will be liable for any indirect, incidental, consequential, punitive, special, or other similar damages, including loss of revenue, profits, data, benefits, or savings, whether or not due to the fault or negligence, and regardless of whether either of us or our related parties have been advised of the possibility of such damages or losses.

Either party’s (and each related party’s) aggregate liability to the other party or any third party in any circumstance will not exceed the amount that you paid us during the 12-month period immediately preceding the last claim (or USD 50 if relating to a free service). This limitation will not apply to (i) either party’s liability from fraud, gross negligence, recklessness, or wilful or criminal misconduct, (ii) your liability for infringement of our intellectual property rights, or (iii) amounts you owe us for the service made available as per your payment obligations.

Termination AND WITHDRAWAL

You can terminate the agreement (ie. stop using AI Scan and terminate the Account) at any time depending on your needs. Upon termination by either party, you may no longer use or otherwise access AI Scan and Account, use any other services (incl. Services) or benefit from any previously granted rights under the agreement.

You may also cancel your recurring subscription or disable Auto Top-Up at any time via your Account settings. Cancellation of a subscription will take effect at the end of the current paid billing cycle. You will retain access to the paid functionality until the end of that cycle, after which your Account will downgrade to the Free tier. We do not provide prorated refunds for partial billing periods.

Formally, you acknowledge that consumer protection laws usually provide that a consumer has the right to withdraw from an agreement without giving reasons within fourteen (14) days, beginning the day the agreement for services was concluded. However, you acknowledge, considering the nature of AI Scan, Services, and its digital nature, that you do not have the right to withdraw from the agreement, if an explicit request to deliver the access to AI Scan was made before the expiry of the withdrawal (14-day) period.

Considering the nature of the business, you explicitly request and agree that we will give you access to AI Scan right away. By completing a purchase, you also expressly request and agree to the immediate delivery and performance of the digital content and digital services (including the immediate allocation of Tokens to your Account). You understand that, therefore, you have no right to withdraw from the agreement once you have started using AI Scan, Services and/or made the Token purchase.

This does not in any way prohibit you from terminating the agreement pursuant to Article 5.1 above.

We may also suspend your rights under the agreement and/or unilaterally terminate the agreement (incl. agreement for Services) if:

you have violated a provision of these Terms and/or the agreement;

you provide or have provided false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct;

proceedings or investigations against you are commenced by any national or international governmental authority or court;

we have security concerns regarding your use of AI Scan or other services, including your credentials; or

we suspect unauthorised or fraudulent use of your access or any sensitive information in your Account.

Where we decide to suspend, terminate, or otherwise discontinue AI Scan or any other services provided, we will provide you with notice of termination whenever reasonable, and where appropriate, also the reasons for termination. Please contact our customer support if you have any questions.

Intellectual property

All text, graphics, images, photographs, trademarks, logos, audio, video, software, data compilations, page layout, underlying code, and other content on AI Scan website is owned, controlled, or licensed by or to the Provider (“Content”) with the exception of the third-party LLM Models reviewed by AI Scan or used within the scope of Services. Content is protected by copyright, trademark, and various other intellectual property rights and unfair competition laws.

Furthermore any drivers, software, programs (including all upgrades and updates of AI Scan), browser plug-ins, peripherals and other applications (including the underlying code) computer based services or utilities, as well as any software made available to Users in connection with, or to facilitate access to, any subscription, service, documents or software associated with AI Scan as well as all files, images and other audiovisual content, incorporated in or generated by AI Scan (with the exception of the third-party LLM Models reviewed by AI Scan or used within the scope of Services), programs and other materials available for download, or as a remote application or service, from the content of AI Scan (also considered “Content”) are fully owned, controlled, or licensed by or to the Provider, and are protected by copyright, trademark, and various other intellectual property rights and unfair competition laws.

No title to the aforementioned Content is transferred to users and is owned, held and executed (as to all intellectual property rights therein) by the Provider.

The aforementioned Content and/or any of its parts may not be used in any way, manner, or form that by its scope exceeds the sole right of the User to access AI Scan via the user interface.

Particularly (but not exclusively), it is strictly prohibited to:

publish, copy, rent, lease, or lend AI Scan and/or any other Content;

transfer AI Scan and/or any other Content;

circumvent or bypass any technological protection measures in or relating to AI Scan and/or any other Content;

reverse engineer, decompile, or disassemble AI Scan, or attempt to do so;

interfere with, disrupt, or create an undue burden on AI Scan;

use AI Scan in any way that could interfere with anyone else's use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorised manner;

use AI Scan in a manner inconsistent with any applicable laws or regulations.

Nothing in this Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on AI Scan without the Provider’s prior written permission.

Users are solely responsible for their use of AI Scan and undertake to refrain from violating any applicable law, regulations, or third-party rights.

Privacy

We collect certain personal information and data that Users provide to us. Specifically, we collect any identification information tied to an Account (ie. name and surname, organization name, team members names, token amounts, email, billing information incl. invoice, payment information, specific third-party account identifiers used to log-in to AI Scan) and potentially any other information Users choose to provide via email or other communication means. Please note that while we collect general billing details to issue invoices, your sensitive payment information (such as full credit card numbers and CVC codes) is collected and processed directly by our third-party payment provider and is not stored on our servers.

AI Scan may also collect some non-personal information automatically, such as the IP address and geographic location, the date and time of access, the URLs of websites and pages visited, hardware and software information and other technical or statistical information that are anonymous or pseudonymous to us and as such further processed.

All the personal data are stored exclusively on the EU servers and are processed by us exclusively for the purposes defined below.

The processing of User’s personal information may be conducted by our subprocessors in compliance with the General Data Protection Regulation (EU) 2016/679 (ie. to facilitate paid subscriptions and Token purchases, we utilize secure third-party payment processors (currently Stripe). You hereby agree with the general use o subprocessor if the Provider deems it necessary for the proper and timely provision of AI Scan and/or Services.

We collect the personal data exclusively for the purpose of:

the performance of our obligations under the agreement with the User or in order to take steps at the request of the data subject prior to entering into such agreement,

compliance with our legal obligations,

legitimate interests pursued by us, namely improving AI Scan as well as our other services and protection against misuse of our services including potential cybersecurity and similar threats,

(fully withdrawable) consent if you subscribe to our newsletter,

all of which are processed for the duration of the Account and/or agreement and for a period of 3 months from its cancellation.

We may retain the personal data for a maximum of up to 15 years after the termination of the agreement in the event of a dispute concerning the relationship between us and the User related to the agreement. In addition, we are legally obliged to retain transactional data, invoices, and accounting documents related to your subscription and Token purchases for archiving purposes. Specifically, tax documents will be stored for a period of 10 years from the end of the relevant tax period in compliance with applicable EU and national tax regulations.

All data are duly destroyed by us when the aforementioned periods expire, unless we are entitled to process this data on the basis of another legal title (i.e. when the User starts using AI Scan again).

We undertake to make every effort to prevent unauthorized processing of personal data by other persons, however, we are not liable to the User or other data subjects for any damage caused by unauthorized processing of personal data by a third party.

We may use cookies, pixels or similar technologies to collect some of the (mainly) non-personal information. Cookies may be saved to User’s devices to achieve functional connection and reactions of AI Scan, as well as (if consented to by the User) personalization of the advertisements, service offerings and finding out the User’s preferences. You can also decide which type to enable or disable in the cookie banner and in the browser. As mentioned above, if you disable the use of all cookies, some parts of AI Scan may become malfunctioning.

If you believe that the personal data is not processed in a proper way, e.g. unlawfully or in a way that is privacy infringing, you can:

ask us for the explanation by sending an email at [fill-in];

exercise the right to object processing based on legitimate interest and ask for a removal of the unlawful data via the above email (e.g. by blocking, repairing, renewal, addition, or disposal of the data) and we shall decide about the objection without undue delay (no later than 30 days);

furthermore, you can always use the right to help guaranteed by the data protection authorities (you can find a list of data protection authorities available in EU at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080) and/or ultimately file a complaint to the aforementioned data protection authority.

Last but not least, you have the right to ask and request what data and how are processed by us by sending a request via the above email.

OTHER CONSUMER RIGHTS

If you are a consumer (a natural person acting outside your business or professional activity), the following applies in addition to the rest of these Terms:

Nothing in these Terms excludes or limits any mandatory consumer rights under applicable law, including rights related to defective performance of digital content and digital services and related remedies.

You may have the right to out‑of‑court resolution of consumer disputes. The competent ADR entity in the Czech Republic is the Czech Trade Inspection Authority (ČOI) (or another competent entity). You can found more at https://coi.gov.cz/group/adr/ and Alternative dispute resolution for consumers - European Commission.

We have not adopted any consumer codes of conduct

Amendments to these Terms

In the event of changes in the legal and regulatory framework, changes to market practices, or changes affecting the conditions on the relevant markets, we may at any time amend, delete, or add to these Terms (“Change”) by giving notice of such Change by posting a revised version of these Terms in the Account or notifying you by other means at least 14 days prior to the Change taking effect.

You will be deemed to have accepted the Change if You have not objected to it within the above period. If you do not agree to the Change or object to the Change of Terms, you may no longer use our AI Scan.

While you may discontinue using AI Scan at any time and without charge, please note that you may still be liable to us for any liabilities you may have incurred and are responsible for prior to terminating the agreement.

Severability

The invalidity of individual provisions of these Terms or of the contractual relationships regulated hereby shall not affect the validity of the remaining provisions. If any part of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining parts of these Terms will remain in full force and effect.

The parties undertake to replace invalid or unenforceable provisions with a provision that comes as close as possible to the economic result of the invalid or unenforceable provision and, if necessary, petition the court to construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms, and the rest of these Terms remains in full force and effect.

Final provisions

Context Notes. In these Terms:

a reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force for the time being, taking account of any amendment or re-enactment or extension and includes any former state, statutory provision or subordinate legislation which it amends or re-enacts;

unless the context otherwise requires, a reference to one gender shall include a reference to the other genders;

unless the context otherwise requires, words in the singular include the plural, and words in the plural include the singular;

a reference to these Terms or to any other agreement or document referred to in these Terms is a reference to the Terms and/or such other agreement or document as varied or novated in accordance with its terms from time to time.

Assignment of Rights and Obligations. The Provider shall have the right to assign, transfer, or delegate any or all of its rights and obligations under the agreement with the User to any third party of its choosing, at its sole discretion, without the need for prior approval or consent from the User. Such assignment or transfer shall be effective upon written notice to the User, and the User hereby agrees to be bound by the terms of the agreement with respect to any assignee or transferee.

Failure to Exercise or Enforce Rights. The failure of the Provider to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Applicable Law and Jurisdiction of Courts. These Terms and the agreement with the User are subject to the laws of the Czech republic. Courts of the Czech republic shall have jurisdiction to decide on the potential disputes relating to these Terms and the agreement as well as to AI Scan and Services. No arbitration under this agreement, whether a consumer or business dispute, shall proceed as a class action or be certified as such, nor shall it involve claims brought in a purported representative capacity on behalf of the public, other customers, potential customers, or similarly situated individuals. This Section shall, however, not deprive consumers of the protections afforded by the mandatory laws of the relevant EU Member State.

Effect of these Terms. These Terms come into effect on March 25, 2026.