General Terms and Conditions of Evoya AI GmbH
Introduction
Specific terms are defined and explained in the course of this document.
The application of these terms and conditions may be limited to specific user groups, for example only to consumers or only to business users.
If a clause applies to all users, this will not be indicated separately.
Provider information
Definition of the service
1. Terms of use and service agreements for Evoya AI
1.1. Terms of Use Agreements
The use of this platform and the associated services is subject to the terms and conditions described herein, unless otherwise stated.
Additional terms and conditions may apply in certain cases and are highlighted accordingly in this document.
1.2. Usage Condition
Use requires that users can act either as consumers or as business customers.
1.3. Registration and Account Creation
To use the service, it is necessary to create a user account, whereby all requested data must 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 contacting the provider directly.
1.5. Content Rights and Usage
All content provided via Evoya AI is the property of the provider or its licensors.
Users may only use content within the scope of using the service.
Any use beyond this, in particular copying, distributing or modifying the content, is not permitted without express permission.
1.6. External Resources
Access to external content via Evoya AI is at your 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 the applicable laws.
Violations of these provisions may lead to measures on the part of the provider, including the blocking of access or the termination of contracts.
1.8. Referral 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 that are incorporated, inserted or linked to it in any way belong solely to the operator and/or its licensors.
Provided that the user complies with the general terms and conditions and irrespective of any special provisions of these terms and conditions, the operator grants the user a revocable, non-exclusive, non-relicensable and non-transferable right to use the software and/or other technical solutions incorporated into the service, solely for the purpose and to the extent necessary for the intended use of the service offered.
In particular, users are not granted permission to access, use or pass on the source code.
The proprietary rights to all methods, algorithms and technical solutions contained or embedded in the software and associated documentation belong exclusively to the operator or its licensors.
All transfers of rights and licenses expire automatically upon termination of the contractual relationship for any reason whatsoever.
1.10. API Terms of Use
Users have the possibility to access their data related to this website via the application programming interface (API).
Any use of the API, including access by third party products/services, is subject to these General Terms and Conditions and additional specific conditions.
Users expressly acknowledge and accept that the Operator accepts no liability for any damage or loss arising from the use of the API by the Users themselves or from the use of third party products/services that use the API to access data.
2. Conditions 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 specified on the website.
2.2. Paid Products
Some of the offers on this platform are subject to a fee.
Details on prices, the validity period of the offers and other specific conditions can be found in the relevant section of the website.
2.3. Product Information
The products are presented with the utmost care, whereby prices and product descriptions can be viewed.
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 in which the user checks their selection and then sends the order to the provider.
2.5. Ordering Process
By placing an order, the user enters into a payment obligation and accepts the terms and conditions of purchase.
Necessary details and requests must be entered during the ordering process.
Confirmation of receipt of the order will be sent by e-mail.
2.6. Pricing
All relevant costs are communicated transparently during the purchase process.
Prices are displayed either including or excluding all applicable fees and taxes.
2.7. Payment Options
Available payment methods will be displayed during the checkout process.
Some methods may be subject to additional conditions or fees.
The provider processes payments directly and stores the necessary data as explained in the privacy policy.
Other payment methods may be processed by external service providers.
In the event of payment problems, the provider reserves the right not to fulfill the order and to reclaim any costs incurred from the user.
2.8. Usage Rights
The rights to use the product remain with the provider until full payment has been made.
2.9. Delivery and Service Fulfillment
The purchased service shall be provided within the specified deadlines.
2.10. Trial Periods
Users may be given access to this website or certain products free of charge for a fixed period of time in order to test them.
During this trial period, some functions of the website may be restricted.
Additional conditions regarding the duration and further details of the trial period are available on the website.
At the end of the trial period, access expires automatically without converting to a paid subscription, unless the user deliberately chooses to switch to a paid service.
2.11. Abonnements
Subscriptions allow users to use a product on an ongoing basis or at regular intervals over a fixed period of time.
Details on the specifications of the subscription and the termination modalities are set out below.
3. Limitations of liability and indemnification
3.1. Disclaimer
The liability of the provider for any damages that may arise in the course of the fulfillment of the contract is excluded or limited to the extent permitted by law.
This includes damages that could arise from the use or inability to use the services offered, including loss of or damage to data.
3.2. Indemnification Obligation
Users agree to defend the Provider, its affiliates, officers, directors, employees and partners from any third party claims that may arise 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, attorneys’ fees and court costs.
3.3. Limitation of Liability
The provider is not liable for any indirect, incidental, special or consequential damages arising out of the use or inability to use the services.
This includes, but is not limited to, loss of profit, data or goodwill.
If damages are caused by gross negligence or willful misconduct on the part of the provider, the statutory liability regulations shall apply.
3.4. Special Notices for Users in the USA
The Services are provided “as is” and “as available”, without warranties of any kind.
The Provider expressly disclaims any implied warranties, including merchantability or fitness for a particular purpose.
The Provider assumes no liability for any third party products or services advertised or offered through the Platform.
3.5. General Limitation of Liability
In no event shall the Provider be liable for any indirect damages that the User or third parties may incur through the use of the Services.
This does not include liability that cannot be excluded or limited by law, including but not limited to intent and gross negligence on the part of the provider.
3.6. Indemnification Obligation
Users undertake to indemnify the provider and its employees against any claims that may arise from the use of the services, violations of these terms and conditions or the rights of third parties.
This includes reasonable attorney’s fees and court costs.
These provisions serve to protect the provider and ensure the safe and responsible use of the services offered.
Users should be aware that they may be held responsible if they fail to comply with these terms.
4. General conditions and provisions
4.1. Declaration of Waiver
The non-enforcement of a right or a provision of these GTC by the provider does not constitute a waiver; such a waiver is only effective if it is made in writing.
4.2. Service Interruptions
There may be interruptions for maintenance work or updates.
Users will be informed of planned downtimes.
In exceptional circumstances, such as force majeure, the service may be interrupted without prior notice.
4.3. Resale Restrictions
Users are not permitted to sell, resell or otherwise commercialize the service or parts thereof without the express consent of the provider.
4.4. Data protection
The data protection practices are set out 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 in connection with the service belong to the provider or its licensors.
4.6. Changes to the Terms and Conditions
The provider reserves the right to amend these GTC 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 and conditions must stop using the service.
4.7. Transfer of Rights
The provider may transfer rights and obligations arising from these GTC.
Users may not transfer their rights or obligations without the consent of the provider.
4.8. Messages
Communication regarding the service should be made via the contact details provided.
4.9. Severability Clause
The invalidity of individual provisions shall not affect the validity of the remaining GTC.
4.10. Governing Law and Jurisdiction
The GTC are subject to the law at the registered office of the provider.
The courts at the registered office of the provider are responsible for disputes, except for consumers in certain countries where local laws take precedence.
4.11. Specific Provisions for Different User Groups
- US users: The GTC are enforceable to the maximum extent permitted.
Ineffective provisions will be adjusted so that they are effective and enforceable. - EU users: If individual provisions are invalid, the parties shall endeavor to find an amicable solution to replace the invalid parts with valid ones.
4.12. Special Regulations for Consumers in Switzerland
Swiss law applies to consumers resident in Switzerland.
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 Terms of Use
These terms and conditions for the use of Evoya AI’s AI services (“AI Terms of Use”) are an integral part of Evoya AI GmbH’s General Terms and Conditions (GTC).
They specify the rules and requirements for access to and use of the AI functions that Evoya AI offers its users, including all related services and content accessible via the main Evoya AI website, its subsites, web and mobile applications, APIs, and all related software components and documentation (“the Service”).
5.1. Definition of “Evoya AI“
By “Evoya AI” we mean the entirety of the AI-related functions and functionalities provided by Evoya AI GmbH.
These use advanced data models developed using machine learning techniques.
Evoya AI includes all AI-related add-ons and special services described on the main Evoya AI website 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 usage restrictions.
In order to ensure optimal use and fair distribution of resources, access to the AI functions can be temporarily limited depending 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 authorize Evoya AI GmbH to use your customer data for the training of our models, unless explicit consent has been given.
5.4. Input and Output
Users can submit data for processing by Evoya AI (“input”) and receive generated results based on this (“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 Output does not violate any applicable laws, these Evoya AI Terms or the rights of any third party.
5.5. Usage Restrictions for Evoya AI Features
The use of Evoya AI and the resulting output may not be used to develop base models or other large-scale models that compete with Evoya AI; to create misleading representations that the output was generated solely by humans; to generate spam or content for use in election campaigns; or in a manner that violates any technical documentation, usage guidelines or parameters.
5.6. Disclaimer of Liability
EVOYA AI GMBH MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM 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 THAT NO RELIANCE BE PLACED ON THE ACCURACY OF THE INFORMATION WITHOUT INDEPENDENT VERIFICATION.
5.7. Service Level Terms
Service level conditions are not applicable.
Downtimes of Evoya AI due to the failure of third-party services are not included in the availability and downtime calculations.
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 enhancements may result in an adaptation of these Evoya AI terms and conditions.
5.9. Third-Party Policies
Evoya AI features may not be used in a manner that violates Evoya AI GmbH’s Content and Usage Guidelines or third-party guidelines such as OpenAI’s Sharing & Publication Policy or Community Guidelines.
6 Definitions and legal information
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 his professional, commercial, craft or trade activity, as opposed to a user acting as a consumer.
6.4. Digital Product
A product that consists either of digitally created and provided content or of 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 himself or another user of the platform.
6.5. European/Europe
Refers to users who are resident in the European Union, regardless of their nationality.
6.6. Provider
The natural person(s) or legal entity(ies) that make the platform and the associated service available to users.
6.7. Product
Refers to a good or service offered via 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 by the Platform as described in these General Terms and Conditions and on the Platform itself.
6.9. GTC
Stands for the terms and 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 who are considered to be consumers within the meaning of the applicable law, i.e. persons acting outside their trade, business, craft or profession.
6.12. Customer Data
Customer Data means any data, information or content entered, uploaded or otherwise provided by Users to the Evoya AI GmbH Platform, including output generated by Evoya AI.
6.13. Machine Learning
Machine learning describes computer-aided processes that aim to recognize patterns and correlations based on existing data sets and algorithms and to use the acquired knowledge to predict unknown data.
6.14. Feedback
Feedback includes all forms of feedback, comments or suggestions that users provide regarding the use, function or performance of Evoya AI.