Terms of Service - Oxygen AI Positron
Last updated: October 11, 2023
Please read these Terms of Service (“Terms”) carefully before using the Oxygen AI Positron (the “Services”) operated by Syncro Soft SRL, a company registered in Romania with its registered office at Remus 5A, Craiova, 200082, Romania ("Syncro", "we", "us", or "our").
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
1. Our Services
Oxygen AI Positron provides document generation, change suggestions and translation capabilities using AI conversational language models, helping technical documentation writers generate and re-write content. Oxygen AI Positron is available via the https://aipositron.oxygenxml.com/ internet domain (the "Website").
2. Your AI Positron Account
When you create an account on Oxygen AI Positron you are responsible for maintaining the security of your account, for all activities that occur under the account, and any other actions taken in connection with the account. You must immediately notify Syncro of any unauthorized use of your account or any other breaches of security. Syncro will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
3. Eligibility
By accessing or using the Services, you represent and warrant that you are at least 18 years of age, or if you are under 18 years of age, you have the permission and supervision of a parent or legal guardian who agrees to be bound by these Terms. We do not intentionally collect data from children under the age of eighteen (18) years. If you believe that we might have any such information, please contact us at . You also represent and warrant that you have the legal capacity to enter into a binding contract and that you are not a person barred from receiving the Services under the laws of any applicable jurisdiction.
4. Evaluation Period
Syncro, at its sole discretion, permits you to select a “Evaluation” subscription/plan (“Evaluation Plan”) for the use of the Services on the terms and for a period established by Syncro. Syncro reserves the right to change the scope of Services provided under Evaluation Plan at any time. During the Evaluation Plan period, Syncro reserves the right to terminate its Services at any time for any reason. A written notice shall be forwarded to You at the e-mail address corresponding to your Account. You acknowledge and agree that your subscription for the Evaluation Plan will terminate on the earlier of a) You subscribing to a fee-based plan, b) the termination of these Terms, or c) expiration of the Evaluation Plan.
5. Payment and renewal of subscription
5.1 By selecting a monthly subscription (plan), you agree to pay Syncro the monthly subscription fees determined for the Services as further described the dedicated section of the Website. The subscription will renew automatically if plan renewal is enabled in your Account settings. Unless you disable plan renewal in your Account settings before the start of the respective subscription period that you want to cancel, the subscription will renew automatically. You authorize our payment processors to collect the then-applicable monthly fee using any credit card or other payment mechanism they have on record for you for our Services.
5.2 Credits. The number of credits accrued under the chosen plan and charged for chosen plan, is set in the dedicated section of the Website. Syncro reserves the right to change the procedure for charging credits from time to time in accordance with the provisions specified in the "Changes" section of these Terms. All unused credits for the month are annulled after 30 days and do not roll over to the next month.
6. User Generated Content
The Services may allow you to send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In order to provide the Services, we take the content from you ("Your Content") and share this with an AI API provider in order to get the AI functionalities to work, and present you with the output ("Output"). To the extent authorised by law, you keep possession of all Your Content, and subject to your adherence to these Terms, we transfers to you all of its rights, ownership and interest in and to Output. You are accountable for Your Content, which involves ensuring that it does not disrupt any relevant law or these Terms.
You agree that you must evaluate, and bear all risks associated with, the use of any Output, including any reliance on the accuracy, completeness, or usefulness of such Output. In this regard, you acknowledge that you may not rely on any Output created by the Service or submitted to the Service and you shall not represent that Output from our Services were generated by humans when such a statement is untrue.
7. User Conduct
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to engage in any conduct that could interfere with, disrupt, or negatively affect the Services or the servers or networks connected to the Services.
For the avoidance of doubt, we reserve the right to determine whether Content is appropriate and complies with these Terms or our other Policies, and we may take any actions we deem necessary or advisable concerning the use of our Services, including, without limitation, removing content or disabling access to the Services.
8. Feedback
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
9. Limitation of Liability
In no event shall we, nor our directors, employees, partners or suppliers be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
10. Warranty Disclaimer
The Services are provided "as is" and "as available" without any warranties of any kind, express or implied. We disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
11. Indemnification
You agree to indemnify, defend, and hold harmless us, our licensors, and our respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your violation of these Terms or your use of the Services, including, but not limited to, any content you submit, post, or transmit through the Services.
12. Changes
Changes To Services. We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
Changes to the Terms. We may revise and update these Terms from time to time in our sole discretion. We will notify you of any changes by posting the revised Terms and/or by sending an email to the email address associated with your account. By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Services.