Guinan T&C 03/2024

Terms and Conditions of Use These Terms of Use ("Terms") govern your access to and use of "Guinan", including any content, functionality, and services offered on or through the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website.

  1. Use of the Website
  • a. You must be of the legal age in your jurisdiction in order to use the Website. Minors my not use this website.
  • b. You agree to use the Website only for lawful purposes and in accordance with these Terms and Conditions.
  • c. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and comply with them.
  • d. eoda GmbH reserves the right to refuse, deny or terminate service to any person or legal entity if, in the professional judgement of eoda, "Guinan" fis or was being utilized for purposes of
    1. Hate Speech: Any language or behavior that promotes hatred or discrimination against individuals or groups based on factors such as race, ethnicity, religion, gender, sexual orientation, disability, or nationality.
    2. Harassment: Persistent or abusive behavior directed towards other users, including but not limited to stalking, threats, intimidation, or unwanted contact.
    3. Illegal Activities: Engaging in or promoting activities that are illegal or violate the law, including but not limited to fraud, drug trafficking, illegal file sharing, or other criminal activities.
    4. Violating Terms of Use: Breaching the terms of use or community guidelines set forth by the website, such as spamming, creating multiple accounts, or attempting to circumvent restrictions.
    5. Disruptive Behavior: Behavior that disrupts the functioning of the website or interferes with other users' ability to use the service, such as flooding chat rooms, conducting denial-of- service attacks, or distributing malware.
    6. Inappropriate Content: Posting or sharing content that is offensive, obscene, pornographic, or otherwise inappropriate for the website's intended audience, including graphic violence or explicit imagery.
    7. Impersonation: Pretending to be someone else or misrepresenting one's identity, affiliation, or qualifications, including impersonating staff members or other users.
    8. Violence or Threats: Threatening or advocating violence against individuals or groups, including promoting terrorism, self-harm, or harm to others.
    9. Harm to the Website: Engaging in activities that harm or degrade the website's infrastructure, functionality, or reputation, such as hacking,distributing viruses, or conducting denial-of-service attacks.
    10. Violation of Intellectual Property Rights: Infringing on the intellectual property rights of others, including copyright infringement, trademark violations, or plagiarism.
  1. Intellectual Property Rights
  • a. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by eoda or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  • b. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license,create derivative works from, transfer, or sell any information, software, products or services obtained from or through the Website. This includes, but is not limited to, reverse engineering or otherwise obtaining the source code or other IP of "Guinan".
  • c. The above item 2b does not apply to works derived from Guinan by means of its intended use, i.e. any output generated by an operation of Guinan within its intended use and in line with these Terms and Conditions shall be the sole property of the person or entity who provided the input or who is the legal owner / holder of rights to the input material, respectively. eoda makes no claim whatsoever to any output so generated.
  1. AI Training Clause
  • a. Data Collection and Usage: By using this website, you acknowledge and agree that any interactions, submissions, or inputs provided by you may be collected, stored, and used for the purpose of training and improving artificial intelligence (AI) models employed by the website. This includes but is not limited to text, images, audio, and any other data or content submitted or generated through your use of the website.
  • b. Anonymization and Privacy: We will make reasonable efforts to anonymize and aggregate the data collected for AI training purposes to protect your privacy and confidentiality. However, you understand and agree that complete anonymity cannot be guaranteed, and by using the website, you consent to the collection and use of your data as described in this Clause 3.
  • c. Rights and Ownership: You retain ownership of any content or data you submit or provide to the website. However, by submitting such content or data, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content or data for the purpose of AI training and improvement.
  • d. Ethical Considerations: We are committed to upholding ethical standards in AI development and usage. We will not use data collected for AI training purposes in any manner that is discriminatory, harmful, or violates applicable laws or regulations. Additionally, we will take reasonable steps to ensure that the AI models trained using such data are used responsibly and ethically.
  • e. Opt-Out: If you do not wish for your data to be used for AI training purposes, please contact us to request opt-out options. However, please note that certain features or functionalities of the website may be limited or unavailable if you choose to opt out of data collection for AI training.
  • f. Updates to Clause: We reserve the right to update or modify this AI training clause at any time without prior notice. Any changes will be effective immediately upon posting on the website.
  1. Privacy
  • a. Your use of the Website is subject to eoda's Privacy Policy. Please review our Privacy Policy, which governs the collection, use, and disclosure of personal information. Our privacy policy is in line with the EU GDPR and German data protection regulation.
  1. Disclaimer of Warranties
  • a. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
  • b. eoda MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
  1. Limitation of Liability
  • a.IN NO EVENT SHALL eoda, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE.
  1. Governing Law and Jurisdiction
  • a. These Terms and Conditions shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles. Place of jurisdiction shall be Kassel, Germany
  1. Changes to Terms
  • a. eoda reserves the right to revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when we post them.
  1. Contact Information If you have any questions or concerns about these Terms, you may contact us at info@eoda.de.