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General Terms and Conditions: Evoya AI GmbH

Last Update: March 26, 2024

The present conditions govern the use of services and access to the Evoya AI platform as well as all related legal relations between the provider and the users. Specific terminologies are defined and explained throughout this document. The application of these conditions may be limited to specific user groups, such as consumers or business users only. If a clause applies to all users, this will not be marked separately.

 

We recommend users to familiarize themselves thoroughly with these conditions.

 

Provider Information

Evoya AI GmbH, represented by Steven Chareonbood, located at Brunnenstrasse 27, 8610 Uster, Switzerland. Contact via email: s.chareonbood@evoya.ai.

 

Definition of Service

"this website" refers to the main website of Evoya AI, including all subpages, web and mobile applications, APIs, the service itself, and all related software components and documentation.

1. Terms of Use and Service Agreements for Evoya AI

 

1.1. User Agreements

The use of this platform and the related services is subject to the provisions described here unless otherwise noted. Additional conditions may apply in certain cases and will be highlighted accordingly in this document.

 

1.2. Terms of Use

Use assumes that users can act either as consumers or as business customers.

 

1.3. Registration and Account Creation

To use the service, creating a user account is required, with all requested data to be provided truthfully and completely. The user is responsible for the security of access data.

 

1.4. Termination and Deletion of User Accounts

Users can delete their account via the appropriate function on the website or by directly contacting the provider.

 

1.5. Content Rights and Use

All content provided via Evoya AI is the property of the provider or its licensors. Users may use content only within the scope of using the service. Any further use, in particular copying, distributing, or modifying the content, is not permitted without express permission.

 

1.6. External Resources

Accessing external content via Evoya AI is at the user's own risk. The respective third-party providers are responsible for this content.

 

1.7. Permissible Use

The services of Evoya AI may only be used in accordance with these terms of use and applicable laws. Violations of these provisions may lead to measures by the provider, including blocking access or termination of contracts.

 

1.8. Invitation Program

Users can receive benefits by recommending new users. The conditions for redeeming such benefits are described on the platform.

 

1.9. Software License

The exclusive rights to any software or technological innovations that serve as the basis for this website or are incorporated, integrated, or linked in any way, lie solely with the operator and/or its licensors. Provided that the user complies with the general terms and conditions and regardless of possible special regulations of these conditions, the operator grants the user a revocable, non-exclusive, non-sublicensable, and non-transferable right of use for the software and/or other technical solutions included in the service, exclusively for the purpose and to the extent necessary for the intended use of the offered service. In particular, users are not granted permission to access, use, or share the source code. The ownership rights to all methods, algorithms, and technical solutions contained or embedded in the software and associated documentation lie exclusively with the operator or its licensors. Any rights transfers and license grants automatically expire upon termination of the contractual relationship, for whatever reason.

 

1.10. API Usage Terms

Users have the opportunity to access their data related to this website via the programming interface (API). Any use of the API, including access through third-party products/services, is bound to these general terms and conditions and additional specific conditions. Users expressly acknowledge and accept that the operator assumes no liability for any possible damage or losses arising from the use of the API by the users themselves or through the use of third-party products/services that use the API to access data.

 

 

2. Terms for the Purchase and Use of Products

 

2.1. Provision of Personal Data

Access to certain product services on this platform may require the provision of personal data, as set out on the website.

 

2.2. Paid Products

Part of the offerings on this platform is chargeable. Details on prices, the validity period of the offers, and further specific conditions are visible in the corresponding area of the website.

 

2.3. Product Information

The presentation of the products is done with the utmost care, with prices and product descriptions being visible. This information can be updated or changed at any time. Representations serve only as guidance and do not guarantee the exact properties of the products. The specific properties of the selected products are described in more detail during the purchasing process.

 

2.4. Purchasing Process

The process from selecting to purchasing a product involves several steps, where the user reviews their selection and finally sends the order to the provider.

 

2.5. Ordering Process

By placing an order, the user enters into a payment obligation and accepts the purchase conditions. Necessary details and wishes must be specified during the ordering process. Confirmation of the order's receipt is sent via email.

 

2.6. Pricing

All relevant costs are communicated transparently during the purchasing process. Prices are displayed either including or excluding all applicable fees and taxes.

 

2.7. Payment Options

Available payment methods are displayed during the purchasing process. Some methods may be subject to additional conditions or fees. The provider processes payments directly and stores necessary data, as explained in the privacy policy. Other payment methods may be processed through external service providers. In case of payment issues, the provider reserves the right not to fulfill the order and to reclaim any incurred costs from the user.

 

2.8. Usage Rights

The usage rights to the product remain with the provider until full payment.

 

2.9. Delivery and Provision of Service

The provision of the purchased service takes place within the specified periods.

 

2.10. Trial Phases

Users can gain access to this website or certain products for a defined period for free to test them. During this trial period, some functions of the website might be limited. Additional conditions concerning the duration and further details of the trial period are accessible via the website. Access automatically expires at the end of the trial period without converting into a chargeable subscription unless the user actively chooses to switch to a chargeable offer.

 

2.11. Subscriptions

Through subscriptions, users have the opportunity to use a product continuously or at regular intervals over a defined period. Details regarding the specifications of the subscription as well as the termination modalities are outlined below.

 

 

3. Limitations of Liability and Indemnification

3.1. Disclaimer

The provider's responsibility for any damages that could arise in the course of contract fulfillment is excluded or limited to the extent legally permissible. This includes damages that could arise from the use or inability to use the offered services, including data loss or damage.

 

3.2. Indemnification Obligation

Users agree to indemnify the provider, its affiliates, officers, directors, employees, and partners from any third-party claims arising from the violation of these terms of use, third-party rights, or legal provisions through the use of the services. This includes, but is not limited to, attorney fees and court costs.

 

3.3. Limitation of Liability

The provider is not liable for indirect, incidental, special, or consequential damages arising from the use or inability to use the services. This includes, among other things, losses of profit, data, or goodwill. If damages arise from gross negligence or intentional action by the provider, statutory liability regulations apply.

 

3.4. Special Notes for Users in the USA

The services are provided "as is" and "as available," without any warranties. The provider expressly disclaims any implied warranties, including merchantability or fitness for a particular purpose. The provider assumes no liability for third-party products or services advertised or offered through the platform.

 

3.5. General Limitation of Liability

In no case is the provider liable for indirect damages that could arise to the user or third parties through the use of the services. This does not include liabilities that cannot be excluded or limited by law, including, but not limited to, intent and gross negligence by the provider.

 

3.6. Indemnification Obligation

Users commit to indemnifying the provider and its employees from any claims arising from the use of the services, violations of these conditions, or third-party rights. This includes reasonable attorney fees and court costs. These provisions protect the provider and ensure safe and responsible use of the offered services. Users should be aware that they can be held accountable for disregarding these conditions.

 

 

4. General Terms and Conditions

4.1. Waiver

The provider's failure to enforce a right or provision of these terms and conditions does not constitute a waiver; such a waiver is only effective if made in writing.

 

4.2. Service Interruptions

Interruptions may occur for maintenance or updates. Users will be informed about planned downtimes. In extraordinary circumstances, such as force majeure, the service may be interrupted without prior notice.

 

4.3. Restrictions on Resale

Without the express consent of the provider, users are not permitted to sell, resell, or otherwise commercialize the service or parts of it.

 

4.4. Privacy

Privacy practices are outlined in the privacy policy, which users can consult for information on the use of their personal data.

 

4.5. Intellectual Property

All rights to content, trademarks, and intellectual property related to the service belong to the provider or its licensors.

 

4.6. Changes to the Terms and Conditions

The provider reserves the right to adjust these terms and conditions at any time. Changes will be communicated to users and become effective from the time of notification. Users who do not agree to the modified conditions must cease using the service.

 

4.7. Transfer of Rights

The provider may transfer rights and obligations from these terms and conditions. Users may not transfer their rights or obligations without the consent of the provider.

 

4.8. Notifications

Communication regarding the service should occur via the provided contact details.

 

4.9. Severability Clause

The invalidity of individual provisions does not affect the validity of the remaining terms and conditions.

 

4.10. Applicable Law and Jurisdiction

The terms and conditions are subject to the law at the provider's seat. For disputes, the courts at the provider's seat are competent, except for consumers in certain countries where local laws take precedence.

 

4.11. Specific Provisions for Various User Groups

US Users: The terms and conditions are enforceable to the maximum extent permitted. Invalid provisions will be adjusted to be effective and enforceable.

EU Users: In case of invalidity of individual provisions, the parties will seek an amicable solution to replace the invalid parts with valid ones.

 

4.12. Special Regulations for Consumers in Switzerland

For consumers residing in Switzerland, Swiss law applies.

 

4.13. Exceptions for European Consumers

For consumers from the EU, the United Kingdom, Switzerland, Norway, or Iceland, special jurisdictions apply that correspond to their consumer rights.

5. AI Usage Terms

These terms for the usage of AI services by Evoya AI ("AI Usage Terms") are an essential part of the General Terms and Conditions (GTC) of Evoya AI GmbH. They specify the rules and requirements for access to and use of the AI functions that Evoya AI offers to its users, including all related services and content accessible through Evoya AI's main website, its subpages, web and mobile applications, APIs, as well as all associated software components and documentation ("the Service").

5.1. Definition of "Evoya AI"

"Evoya AI" encompasses the entirety of AI-related functions and functionalities provided by Evoya AI GmbH. These utilize advanced data models developed through machine learning techniques. Evoya AI includes all AI-related add-ons and special services described on the main website of Evoya AI or within the platform provided by Evoya AI and its documentation.

 

5.2. Reasonable Use

The use of Evoya AI is subject to certain reasonable usage restrictions. To ensure optimal use and fair distribution of resources, access to AI functions may be temporarily limited depending on user behavior.

 

5.3. Improvement of Evoya AI

Evoya AI GmbH does not use customer data or allow third parties to use customer data for training the machine learning models employed for Evoya AI. The use of Evoya AI does not entitle Evoya AI GmbH to use your customer data for training our models unless explicit consent is given.

 

5.4. Input and Output

Users can submit data for processing by Evoya AI ("Input") and receive generated results based on that Input ("Output"). Both Input and Output are considered the customer's data. Users are solely responsible for the creation, content, operation, and use of their customer data and must ensure that their use of Evoya AI and the outputs does not violate applicable laws, these AI Usage Terms, or the rights of third parties.

 

5.5. Restrictions on the Use of Evoya AI Functions

The use of Evoya AI and the resulting outputs must not be used to develop foundational models or other large-scale models that compete with Evoya AI; create misleading representations that the outputs were solely generated by humans; generate spam or content for use in election campaigns; or in a way that violates technical documentation, usage guidelines, or parameters.

 

5.6. DISCLAIMER

EVOYA AI GMBH MAKES NO GUARANTEES REGARDING THE RESULTS THAT CAN BE ACHIEVED THROUGH THE USE OF EVOYA AI OR THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE USE OF EVOYA AI. THE USE OF EVOYA AI IS AT THE USER'S OWN RISK. EVOYA AI GMBH RECOMMENDS NOT TO RELY ON THE ACCURACY OF THE OUTPUTS WITHOUT INDEPENDENT VERIFICATION.

 

5.7. Service-Level Terms

Service-level terms are not applicable. Downtimes of Evoya AI resulting from the failure of third-party services will not be included in the availability and downtime calculations.

 

5.8. New Features

Evoya AI GmbH may introduce new functions and functionalities for Evoya AI that are considered part of the Evoya AI Add-On. Such extensions may necessitate an adjustment of these AI Usage Terms.

 

5.9. Third-Party Policies

The use of Evoya AI functions must not occur in a way that violates the content and usage policies of Evoya AI GmbH or the policies of third parties such as OpenAI's Sharing & Publication Policy or Community Guidelines.

6. Definitions and Legal Notices

6.1. This Website/This Application

Refers to the specific platform used by the provider to offer the service to users.

6.2. Agreement

The legally binding or contractual relationship regulated by these General Terms and Conditions between the provider and the user.

 

6.3. Business User

A user who acts within their professional, commercial, craft, or business activity, as opposed to a user acting as a consumer.

 

6.4. Digital Product

A product consisting either of digitally created and provided content or a service enabling the creation, editing, storage, or access to digitally available data. This also includes services facilitating the sharing or interaction with such data, regardless of whether the data was uploaded or created by the user themselves or another user of the platform.

 

6.5. European/Europe

Refers to users who reside within the European Union, regardless of their nationality.

 

6.6. Provider

The natural or legal person(s) providing the platform and the associated service to users.

 

6.7. Product

Denotes a good or service offered through this platform. This includes physical goods, digital files, software, booking services, and other product types defined here, including digital products.

 

6.8. Service

The service provided through the platform, as described in these General Terms and Conditions and on the platform itself.

 

6.9. GTC

Stands for the conditions applicable to the use of the service, as described in this document and/or on the platform, as well as any related documents or agreements in their current version.

 

6.10. User

Any natural or legal person who uses the platform.

 

6.11. Consumer

Users considered consumers under applicable law, i.e., individuals acting outside of their trade, business, craft, or profession.

 

6.12. Customer Data

Customer data refers to all data, information, or content submitted, uploaded, or otherwise provided by users to the Evoya AI GmbH platform, including outputs generated by Evoya AI.

 

6.13. Machine Learning

Machine learning describes computer-based procedures aiming to identify patterns and relationships based on existing data sets and algorithms, and using the acquired knowledge for predicting unknown data.

 

6.14. Feedback

Feedback includes all forms of feedback, comments, or suggestions provided by users regarding the use, function, or performance of Evoya AI.

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