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© 2024 ONINO GMBH
Last Updated on 22nd of December 2023
These are the Cloud Platform Terms of Use of ONINO GmbH, in the following referred to as "ONINO". ONINO request you take time to carefully read through this information.
Thank you for using ONINOs Services!These Terms of Use apply to your use of the ONINO Cloud Developer Platform, the ONINO Dashboard, the ONINO AI Assistant (“AI Assistant”) or any other services for individuals, along with any associated software applications and websites (all together, “Services”). These Terms extend our general Terms and Conditions form an agreement between you and ONINO UG (“haftungsbeschränkt”), a german company, and they include our Terms and Conditions, Service Level Agremeent and all other policies for resolving disputes through arbitration. By using our Products and Services, you agree to these Terms. If you reside in the European Economic Area, Switzerland, or the UK, your use of the Services is governed by these terms. Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.
Minimum Age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services. Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. You agree that ONINO may contact you through your registered eMail with more information on the platform, updates and feedback.
You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:
- Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
- Modify, copy, lease, sell or distribute any of our Services.
- Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including templates, algorithms or systems
- Automatically or programmatically extract data from our platform or output from our AI Assistant
- Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services
- Use templates or output generated by the AI Assistant to develop models that compete with ONINO
Third Party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.
Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you. Contact us directly at team@onino.io
Content. You may provide input to the AI Assistant (“Input”), and receive output from the AI Assistant based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to the AI Assistant.
Similarity of Content. Due to the nature of our Services and artificial intelligence generally, content may not be unique and other users may receive similar output from our AI Assistant.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. Given the probabilistic nature of machine learning, use of our AI Assistant may, in some situations, result in content that does not accurately reflect real people, places, or facts.
When you use our AI Assistant you understand and agree:
- Output may not always be accurate. You should not rely on content from our AI Assistant as a sole source of truth or factual information, or as a substitute for professional advice.
- You must evaluate content for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing contentent from the AI Assistant.
- You must not use any output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
- Our AI Assistant may provide incomplete, incorrect, or offensive output that does not represent ONINO’s views. If any generated contentreferences any third party products or services, it doesn’t mean the third party endorses or is affiliated with ONINO.
Billing. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
Cancellation. You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.
Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
Right of Withdrawal. You are entitled to cancel your purchase contract and request a refund within 14 days of the date of purchase without giving any reason (the "cooling-off period"). The refund will include the relevant subscription fee pro rata from the date you cancel the contract until the end of the relevant subscription period for which you have paid. To cancel and request a refund, please contact support at team@onino.io.
Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:
- You breached these Terms or our other Policies.
- We must do so to comply with the law.
- Your use of our Services could cause risk or harm to ONINO, our users, or anyone else.
We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.
Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by team@onino.io.
We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.
OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
NEITHER WE NOR ANY OF OUR PARTNERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF FUND, PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY APPLIES TO ALL OUR SERVICES, THE AI ASSISTANT AND PROVIDED TEMPLATES- OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.
If you believe that your intellectual property rights have been infringed, please send notice to the address below or contact team@onino.io. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.
ONINO UG (haftungsbeschränkt)
Alter Schlachthof 39
76131, Karlsruhe
Germany