Terms of Service

1. Acceptance of Terms

By accessing and using OnlyDatas ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use the Service.

2. Description of Service

OnlyDatas provides AI-powered sales intelligence and account management tools. The Service allows you to store company information, generate AI reports, manage contacts, upload documents, and access product recommendations.

3. Account Registration

To use the Service, you must:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized use of your account
• Be at least 16 years of age

You are responsible for all activities that occur under your account.

4. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Violate or infringe on the rights of others
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use the Service to send spam or unsolicited messages
• Scrape, crawl, or harvest data from the Service
• Reverse engineer or attempt to extract source code
• Resell or redistribute the Service without authorization

5. AI-Generated Content and Liability Disclaimer

The Service uses artificial intelligence and other third-party services to generate sales intelligence reports, recommendations, and insights. While we strive for accuracy, AI-generated content and information from any service on our platform may contain errors, inaccuracies, or outdated information. You acknowledge and agree that:

• AI-generated reports and all service outputs are provided for informational purposes only
• You should verify important information independently before making any business decisions
• We do not guarantee the accuracy, completeness, reliability, or timeliness of any AI-generated content or service outputs
• Business decisions should not be made solely based on AI reports or service recommendations
• We accept no liability for any losses, damages, or consequences arising from the use of, reliance on, or inability to use AI-generated content or any other service outputs on our platform
• All information generated by AI or provided through our services is provided "as is" without any warranty

By using our Service, you expressly agree to assume all risks associated with using AI-generated content and service outputs, and you release OnlyDatas from any claims related to the accuracy or reliability of such content.

6. EU AI Act Compliance

OnlyDatas is committed to responsible AI practices and compliance with the European Union's Artificial Intelligence Act. We take care of all necessary compliance measures regarding the use of AI systems within our Service.

Our AI systems are designed and operated with the following principles:

• Transparency: We inform you when you are interacting with AI-generated content
• Human Oversight: Critical business decisions should always involve human judgment
• Data Governance: We maintain appropriate data quality standards for our AI systems
• Risk Management: We continuously monitor and assess risks associated with our AI systems
• Accuracy and Robustness: We implement measures to ensure the reliability of AI outputs

As the provider, we handle all technical and legal requirements under the EU AI Act, including documentation, conformity assessments, and registration obligations. You, as the user, should be aware that AI-generated outputs are recommendations that require your professional judgment and verification.

For questions regarding our AI Act compliance measures, please contact us at info@swipergy.com.

7. Intellectual Property

The Service and its original content, features, and functionality are owned by OnlyDatas and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain all rights to the content you upload. By uploading content, you grant us a license to use, store, and process that content solely for the purpose of providing the Service.

All trademarks, service marks, logos, and brand names displayed in the Service are the property of their respective owners. You may not use any trademarks or brand names without the express written permission of the trademark owner.

User Responsibility for Data: You are solely responsible for all data you enter into the Service, including personal data of third parties (such as contact information, names, or other personal details) and company data of third parties (such as competitor information, business data, or confidential information). You must ensure that you have the necessary rights and permissions to collect, process, and share such data, and that you comply with all applicable data protection laws, including GDPR, and respect intellectual property and confidentiality obligations. By using the Service, you release and hold harmless OnlyDatas from any claims, damages, or liabilities arising from your entry, use, or processing of third-party personal data or company data.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of information as described in our Privacy Policy.

9. Payment, Subscription, and Credits

Some features of the Service may require payment. By subscribing to a paid plan or purchasing credits, you agree to pay the fees specified for that plan or credit package.

No Refunds Policy: All payments for subscriptions, extra credits, and any other purchases made through the Service are final and non-refundable, except as required by applicable law. This includes:

• Monthly and annual subscription fees
• Extra credits purchased as one-time payments
• Any additional features or services purchased through the platform

Once credits are purchased, they cannot be refunded, exchanged for cash, or transferred to another account. Credits that are not used within their validity period (if applicable) will expire without refund.

We reserve the right to change our pricing with advance notice. If you do not agree to a price change, you may cancel your subscription, but no refunds will be provided for any remaining subscription period or unused credits.

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by contacting us or using the account deletion feature.

11. Limitation of Liability

To the maximum extent permitted by law, OnlyDatas shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers
• Any interruption or cessation of the Service
• Any bugs, viruses, or harmful code transmitted through the Service
• Any errors or omissions in content
• Any loss or damage incurred as a result of AI-generated content

12. Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Indemnification

You agree to defend, indemnify, and hold harmless OnlyDatas and its affiliates from any claims, damages, obligations, losses, liabilities, costs, or debt arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights.

14. Third-Party Services

The Service uses third-party services including Azure OpenAI's API for AI functionality. Your use of these third-party services is subject to their respective terms and conditions.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

16. Data Backup

Backups available but non-binding: We perform regular backups of your data (hourly), but without legal obligation or guarantee. These backups primarily serve system stability and recovery in case of technical issues.

No claim to data recovery: There is no legal entitlement to data recovery from backups. We assume no warranty for the completeness, timeliness, or successful recovery of data. You are responsible for backing up your own important data.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

18. Contact Information

If you have any questions about these Terms, please contact us at:
Email: info@swipergy.com
Address: Swipergy GmbH, Große Bauerngasse 1, 91315 Höchstadt a. d. Aisch