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Terms of Service of Evoya AI GmbH
Last updated: March 26, 2024
Introduction
These terms govern the use of the services and access to the Evoya AI platform as well as all related legal relationships between the provider and the users. Specific terminology will be defined and explained throughout this document. The application of these terms may be limited to specific user groups, such as consumers or business users. If a clause applies to all users, this will not be separately marked.
We recommend users to thoroughly review these terms.
We recommend users to thoroughly review these terms.
Provider Information
Evoya AI GmbH, represented by Steven Chareonbood, located at Brunnenstrasse 27, 8610 Uster, Switzerland. Contact via email: [email protected].
Definition of Service
By "this website," we mean the main website of Evoya AI, including all subpages, web and mobile applications, APIs, the service itself, as well as all associated software components and documentation.
1. Terms of Use and Service Agreements for Evoya AI
1.1. Usage Agreements
The use of this platform and the associated services is subject to the provisions described herein, unless otherwise noted. Additional conditions may apply in specific cases and will be highlighted accordingly in this document.
1.2. Terms of Use
Use requires that users can act either as consumers or as business customers.
1.3. Registration and Account Creation
To use the service, the creation of a user account is required, with all requested data to be provided truthfully and completely. The responsibility for the security of the access data lies with the user.
1.4. Termination and Deletion of User Accounts
Users can delete their account via the corresponding function on the website or by directly contacting the provider.
The use of this platform and the associated services is subject to the provisions described herein, unless otherwise noted. Additional conditions may apply in specific cases and will be highlighted accordingly in this document.
1.2. Terms of Use
Use requires that users can act either as consumers or as business customers.
1.3. Registration and Account Creation
To use the service, the creation of a user account is required, with all requested data to be provided truthfully and completely. The responsibility for the security of the access data lies with the user.
1.4. Termination and Deletion of User Accounts
Users can delete their account via the corresponding function on the website or by directly contacting the provider.
1.5. Content Rights and Usage
All content provided through Evoya AI is the property of the provider or its licensors. Users may only use content within the scope of the service. Any further use, especially copying, distributing, or modifying the content, is not permitted without explicit permission.
1.6. External Resources
Accessing external content through Evoya AI is at the user's own risk. The respective third parties 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 actions by the provider, including blocking access or terminating contracts.
1.8. Referral Program
Users may receive benefits by referring new users. The conditions for redeeming such benefits are described on the platform.
All content provided through Evoya AI is the property of the provider or its licensors. Users may only use content within the scope of the service. Any further use, especially copying, distributing, or modifying the content, is not permitted without explicit permission.
1.6. External Resources
Accessing external content through Evoya AI is at the user's own risk. The respective third parties 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 actions by the provider, including blocking access or terminating contracts.
1.8. Referral Program
Users may receive benefits by referring 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 in any way incorporated, inserted, or linked to it lie solely with the operator and/or its licensors. Provided that the user complies with the terms and conditions, and regardless of any special provisions of these terms, the operator grants the user a revocable, non-exclusive, non-sublicensable, and non-transferable right to use the software and/or other technical solutions integrated into the service, solely for the purpose and to the extent necessary for the intended use of the offered service. Users are specifically not granted permission to access, use, or distribute the source code. 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 transfers of rights and licenses automatically terminate upon termination of the contractual relationship for any reason.
The exclusive rights to any software or technological innovations that serve as the basis for this website or are in any way incorporated, inserted, or linked to it lie solely with the operator and/or its licensors. Provided that the user complies with the terms and conditions, and regardless of any special provisions of these terms, the operator grants the user a revocable, non-exclusive, non-sublicensable, and non-transferable right to use the software and/or other technical solutions integrated into the service, solely for the purpose and to the extent necessary for the intended use of the offered service. Users are specifically not granted permission to access, use, or distribute the source code. 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 transfers of rights and licenses automatically terminate upon termination of the contractual relationship for any reason.
1.10. API Terms of Use
Users have the option to access their data related to this website through the Application Programming Interface (API). Any use of the API, including access by third-party products/services, is subject to these terms and additional specific conditions. Users expressly acknowledge and accept that the operator assumes no liability for any damages or losses arising from the use of the API by the users themselves or through the use of third-party products/services that utilize the API to access data.
Users have the option to access their data related to this website through the Application Programming Interface (API). Any use of the API, including access by third-party products/services, is subject to these terms and additional specific conditions. Users expressly acknowledge and accept that the operator assumes no liability for any damages or losses arising from the use of the API by the users themselves or through the use of third-party products/services that utilize the API to access data.
2. Conditions for the Acquisition 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 specified on the website.
2.2. Paid Products
Some of the offerings on this platform are paid. Details regarding prices, validity periods of offers, and other specific conditions are visible in the corresponding section of the website.
2.3. Product Information
The presentation of products is done with the utmost care, with prices and product descriptions being viewable. This information may be updated or changed at any time. Representations are for guidance only and do not guarantee the exact characteristics of the products. During the purchase process, the specific characteristics of the selected products will be described in more detail.
Access to certain product services on this platform may require the provision of personal data, as specified on the website.
2.2. Paid Products
Some of the offerings on this platform are paid. Details regarding prices, validity periods of offers, and other specific conditions are visible in the corresponding section of the website.
2.3. Product Information
The presentation of products is done with the utmost care, with prices and product descriptions being viewable. This information may be updated or changed at any time. Representations are for guidance only and do not guarantee the exact characteristics of the products. During the purchase process, the specific characteristics of the selected products will be described in more detail.
2.4. Purchase Process
The process from selecting to purchasing a product involves several steps, during which the user reviews their selection and finally submits 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 information and requests must be provided during the ordering process. Confirmation of the receipt of the order will be sent via email.
2.6. Pricing
All relevant costs will be transparently communicated during the purchase process. The presentation of prices is either inclusive or exclusive of all applicable fees and taxes.
The process from selecting to purchasing a product involves several steps, during which the user reviews their selection and finally submits 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 information and requests must be provided during the ordering process. Confirmation of the receipt of the order will be sent via email.
2.6. Pricing
All relevant costs will be transparently communicated during the purchase process. The presentation of prices is either inclusive or exclusive of all applicable fees and taxes.
2.7. Payment Options
Available payment methods will be displayed during the purchase 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 handled by external service providers. In case of payment issues, the provider reserves the right not to fulfill the order and to reclaim any costs incurred from the user.
2.8. Usage Rights
Until full payment is made, the usage rights to the product remain with the provider.
2.9. Delivery and Service Provision
The provision of the purchased service will occur within the specified timeframes.
Available payment methods will be displayed during the purchase 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 handled by external service providers. In case of payment issues, the provider reserves the right not to fulfill the order and to reclaim any costs incurred from the user.
2.8. Usage Rights
Until full payment is made, the usage rights to the product remain with the provider.
2.9. Delivery and Service Provision
The provision of the purchased service will occur within the specified timeframes.
2.10. Trial Phases
Users may receive access to this website or certain products free of charge for a specified period to test them. During this trial period, some features of the website may be restricted. Additional conditions regarding the duration and other details of the trial period are accessible via the website. Upon completion of the trial period, access will automatically expire without converting to a paid subscription unless the user consciously opts for a transition to a paid offer.
2.11. Subscriptions
Through subscriptions, users are given the opportunity to continuously or periodically use a product over a specified period. Details about the specifications of the subscription and cancellation modalities are outlined below.
Users may receive access to this website or certain products free of charge for a specified period to test them. During this trial period, some features of the website may be restricted. Additional conditions regarding the duration and other details of the trial period are accessible via the website. Upon completion of the trial period, access will automatically expire without converting to a paid subscription unless the user consciously opts for a transition to a paid offer.
2.11. Subscriptions
Through subscriptions, users are given the opportunity to continuously or periodically use a product over a specified period. Details about the specifications of the subscription and cancellation modalities are outlined below.
3. Liability Limitations and Indemnification
3.1. Disclaimer of Liability
The provider's liability for any damages that may arise in the course of contract fulfillment is excluded or limited to the extent permitted by law. This includes damages that may arise from the use or inability to use the offered services, including data loss or damage.
3.2. Indemnification Obligation
Users agree to protect the provider, its affiliates, officers, directors, employees, and partners from any third-party claims arising from the violation of these terms of use, rights of third parties, or legal provisions through the use of the services. This includes, but is not limited to, attorney fees and court costs.
The provider's liability for any damages that may arise in the course of contract fulfillment is excluded or limited to the extent permitted by law. This includes damages that may arise from the use or inability to use the offered services, including data loss or damage.
3.2. Indemnification Obligation
Users agree to protect the provider, its affiliates, officers, directors, employees, and partners from any third-party claims arising from the violation of these terms of use, rights of third parties, 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 non-use of the services. This includes, among other things, loss of profit, data, or goodwill. Should damages arise from gross negligence or intentional misconduct of the provider, the statutory liability regulations apply.
3.4. Special Notices 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 products or services of third parties advertised or offered through the platform.
The provider is not liable for indirect, incidental, special, or consequential damages arising from the use or non-use of the services. This includes, among other things, loss of profit, data, or goodwill. Should damages arise from gross negligence or intentional misconduct of the provider, the statutory liability regulations apply.
3.4. Special Notices 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 products or services of third parties advertised or offered through the platform.
3.5. General Limitation of Liability
In no event shall the provider be liable for indirect damages that may arise for 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 of the provider.
3.6. Indemnification Obligation
Users agree to indemnify the provider and its employees from any claims arising from the use of the services, violations of these terms, or rights of third parties. This includes reasonable attorney fees and court costs. These provisions serve to protect the provider and ensure the safe and responsible handling of the offered services. Users should be aware that they may be held accountable for violations of these terms.
In no event shall the provider be liable for indirect damages that may arise for 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 of the provider.
3.6. Indemnification Obligation
Users agree to indemnify the provider and its employees from any claims arising from the use of the services, violations of these terms, or rights of third parties. This includes reasonable attorney fees and court costs. These provisions serve to protect the provider and ensure the safe and responsible handling of the offered services. Users should be aware that they may be held accountable for violations of these terms.
4. General Conditions and Provisions
4.1. Waiver
The non-enforcement of a right or provision of these terms by the provider does not constitute a waiver; such a waiver is only effective if made in writing.
4.2. Service Interruptions
There may be interruptions for maintenance or updates. Users will be informed of planned downtimes. In extraordinary circumstances, such as force majeure, the service may be interrupted without prior notice.
4.3. Resale Restrictions
Without the express consent of the provider, users are not permitted to sell, resell, or otherwise commercialize the service or parts thereof.
The non-enforcement of a right or provision of these terms by the provider does not constitute a waiver; such a waiver is only effective if made in writing.
4.2. Service Interruptions
There may be interruptions for maintenance or updates. Users will be informed of planned downtimes. In extraordinary circumstances, such as force majeure, the service may be interrupted without prior notice.
4.3. Resale Restrictions
Without the express consent of the provider, users are not permitted to sell, resell, or otherwise commercialize the service or parts thereof.
4.4. Data Protection
The data protection 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 are held by the provider or its licensors.
4.6. Changes to the Terms
The provider reserves the right to amend these terms at any time. Changes will be communicated to users and are valid from the time of notification. Users who do not agree to the amended terms must cease using the service.
The data protection 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 are held by the provider or its licensors.
4.6. Changes to the Terms
The provider reserves the right to amend these terms at any time. Changes will be communicated to users and are valid from the time of notification. Users who do not agree to the amended terms must cease using the service.
4.7. Transfer of Rights
The provider may transfer rights and obligations under these terms. Users may not transfer their rights or obligations without the provider's consent.
4.8. Notifications
Communication regarding the service should be made using the provided contact details.
4.9. Severability Clause
The invalidity of individual provisions does not affect the validity of the remaining terms.
4.10. Applicable Law and Jurisdiction
The terms are governed by the law at the provider's location. For disputes, the courts at the provider's location are responsible, except for consumers in certain countries where local laws take precedence.
The provider may transfer rights and obligations under these terms. Users may not transfer their rights or obligations without the provider's consent.
4.8. Notifications
Communication regarding the service should be made using the provided contact details.
4.9. Severability Clause
The invalidity of individual provisions does not affect the validity of the remaining terms.
4.10. Applicable Law and Jurisdiction
The terms are governed by the law at the provider's location. For disputes, the courts at the provider's location are responsible, except for consumers in certain countries where local laws take precedence.
4.11. Specific Provisions for Different User Groups
US Users: The terms are enforceable to the maximum extent permitted. Invalid provisions will be adjusted to be effective and enforceable.
EU Users: In the event 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.
US Users: The terms are enforceable to the maximum extent permitted. Invalid provisions will be adjusted to be effective and enforceable.
EU Users: In the event 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 use of AI services from Evoya AI ("AI Usage Terms") are an essential part of the General Terms and Conditions (AGB) of Evoya AI GmbH. They specify the rules and conditions for accessing and using the AI features that Evoya AI offers to its users, including all associated services and content accessible through the main website of Evoya AI, its subpages, web and mobile applications, APIs, as well as all associated software components and documentation ("the service").
5.1. Definition of "Evoya AI"
By "Evoya AI," we mean 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.
5.1. Definition of "Evoya AI"
By "Evoya AI," we mean 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. Appropriate Use
The use of Evoya AI is subject to certain appropriate use restrictions. To ensure optimal use and fair distribution of resources, access to AI features may be temporarily limited based on usage behavior.
5.3. Improvement of Evoya AI
Evoya AI GmbH does not use customer data or allow third parties to use customer data to train the machine learning models used for Evoya AI. The use of Evoya AI does not grant Evoya AI GmbH the right 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 ("Output"). Both input and output are considered customer data of the user. 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 do not violate applicable laws, these Evoya AI terms, or the rights of third parties.
The use of Evoya AI is subject to certain appropriate use restrictions. To ensure optimal use and fair distribution of resources, access to AI features may be temporarily limited based on usage behavior.
5.3. Improvement of Evoya AI
Evoya AI GmbH does not use customer data or allow third parties to use customer data to train the machine learning models used for Evoya AI. The use of Evoya AI does not grant Evoya AI GmbH the right 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 ("Output"). Both input and output are considered customer data of the user. 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 do not violate applicable laws, these Evoya AI terms, or the rights of third parties.
5.5. Usage Restrictions for Evoya AI Features
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; to generate misleading representations that outputs were generated solely by humans; to generate spam or content for use in election campaigns; or in any way that violates technical documentation, usage policies, or parameters.
5.6. DISCLAIMER OF LIABILITY
EVAYA AI GMBH MAKES NO WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF EVAYA AI OR THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE USE OF EVAYA AI. THE USE OF EVAYA AI IS AT THE USER'S OWN RISK. EVAYA AI GMBH RECOMMENDS NOT TO RELY ON THE ACCURACY OF THE OUTPUTS WITHOUT INDEPENDENT VERIFICATION.
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; to generate misleading representations that outputs were generated solely by humans; to generate spam or content for use in election campaigns; or in any way that violates technical documentation, usage policies, or parameters.
5.6. DISCLAIMER OF LIABILITY
EVAYA AI GMBH MAKES NO WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF EVAYA AI OR THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE USE OF EVAYA AI. THE USE OF EVAYA AI IS AT THE USER'S OWN RISK. EVAYA AI GMBH RECOMMENDS NOT TO RELY ON THE ACCURACY OF THE OUTPUTS WITHOUT INDEPENDENT VERIFICATION.
5.7. Service Level Conditions
Service level conditions are not applicable. Downtimes of Evoya AI caused by the failure of third-party services will not be included in the calculations of availability and downtime.
5.8. New Features
Evoya AI GmbH may introduce new features and functionalities for Evoya AI that are considered part of the Evoya AI add-on. Such extensions may require an adjustment of these Evoya AI terms.
5.9. Third-Party Policies
The use of Evoya AI features must not be done in a manner 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.
Service level conditions are not applicable. Downtimes of Evoya AI caused by the failure of third-party services will not be included in the calculations of availability and downtime.
5.8. New Features
Evoya AI GmbH may introduce new features and functionalities for Evoya AI that are considered part of the Evoya AI add-on. Such extensions may require an adjustment of these Evoya AI terms.
5.9. Third-Party Policies
The use of Evoya AI features must not be done in a manner 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 make the service available to users.
6.2. Agreement
The legally binding or contractual relationship governed by these General Terms and Conditions between the provider and the user.
6.3. Business User
A user acting in their professional, commercial, craft, or occupational capacity, as opposed to a user acting as a consumer.
6.4. Digital Product
A product that consists of digitally created and provided content or a service that enables the creation, editing, storage, or access to digitally available data. This also includes services that promote the sharing or interaction with such data, regardless of whether this data was uploaded or created by the user themselves or another user of the platform.
Refers to the specific platform used by the provider to make the service available to users.
6.2. Agreement
The legally binding or contractual relationship governed by these General Terms and Conditions between the provider and the user.
6.3. Business User
A user acting in their professional, commercial, craft, or occupational capacity, as opposed to a user acting as a consumer.
6.4. Digital Product
A product that consists of digitally created and provided content or a service that enables the creation, editing, storage, or access to digitally available data. This also includes services that promote the sharing or interaction with such data, regardless of whether this data was uploaded or created by the user themselves or another user of the platform.
6.5. European/Europe
Refers to users who have their residence in 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
Refers to a good or service offered through this platform. This includes physical goods, digital files, software, booking services, and other product types defined herein, 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.
Refers to users who have their residence in 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
Refers to a good or service offered through this platform. This includes physical goods, digital files, software, booking services, and other product types defined herein, 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. Terms of Service
Refers to 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 using the platform.
6.11. Consumer
Users who are considered consumers under applicable law, i.e., individuals acting outside their commercial, business, craft, or professional activities.
6.12. Customer Data
Customer data refers to all data, information, or content provided by users to the Evoya AI GmbH platform, including outputs generated by Evoya AI.
Refers to 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 using the platform.
6.11. Consumer
Users who are considered consumers under applicable law, i.e., individuals acting outside their commercial, business, craft, or professional activities.
6.12. Customer Data
Customer data refers to all data, information, or content provided by users to the Evoya AI GmbH platform, including outputs generated by Evoya AI.
6.13. Machine Learning
Machine learning describes computer-based processes aimed at recognizing 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 responses, comments, or suggestions provided by users regarding the use, function, or performance of Evoya AI.
Machine learning describes computer-based processes aimed at recognizing 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 responses, comments, or suggestions provided by users regarding the use, function, or performance of Evoya AI.