TERMS & CONDITIONS

Original AI – Terms and Conditions of Use

Effective Date: September 2, 2024

Please read these terms of service carefully. By accessing and/or using any of the Services provided by ORIGINAL LAND SA, you have read, understood, and accepted all of the following Terms, as well as all terms incorporated herein by reference.

This platform is developed for private users, companies, and public administrations, and allows interaction with pre-existing artificial intelligence agents and the creation of customized agents.

Original AI is a platform that allows users to (the “Services”):

3.1 Age Requirements
To use Original AI, the user must be at least 18 years old.

3.2 Registration and Security
To access the Services, it is necessary to create an account by providing personal and complete information. The user is responsible for the confidentiality of their login credentials and for all activities conducted through their account.

3.3 Account Deletion Process
The user may delete their account at any time through the appropriate function within profile settings. Original AI commits to deleting the data within the period provided by applicable law to ensure compliance with data protection regulations.

4.1 Permitted Use
Users may access and use the Services in accordance with these Terms and all applicable laws and regulations.

4.2 Restrictions
Users may not:

5.1 User Content
Users retain ownership of the content they enter on the platform. Users grant Original AI a free license to use, analyze, and process the content, but without retaining it in any form or manner. 

5.2 AI Output
Content generated by AI agents on the platform is owned by the user who provided the input. Original AI does not claim ownership of the generated output.

6.1 Subscription Plans
Some Services of Original AI require a subscription fee. Details of the subscription plans are available on our website and in the app.

6.2 Payments and Refunds
All payments must be made in advance, at the beginning of the month, via credit card. Original AI may change subscription prices with at least 30 days’ notice. Refunds are granted in accordance with applicable Swiss law.

7.1 Original AI’s Property
You acknowledge and agree that the Services are the property of Original or its licensors and that they are protected under national and international law, particularly by copyright, trademark, and other laws. The unauthorized dissemination, copying, deletion, or any other violation of ORIGINAL’s intellectual property rights and copyrights is punishable under both civil and criminal law.

Subject to your compliance with this Agreement, Original grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services. Except as expressly permitted in this Agreement or under applicable law, you may not: (i) copy, modify, or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend, or rent the Services to any third-party; (iii) reverse engineer, decompile, or disassemble the Services; or (iv) make the functionality of the Services available to multiple users through any means. Original reserves all rights in and to the Services not expressly granted to you under this Agreement.

You acknowledge and agree that SolarWise, its trademark, service mark, logo, and graphics, are trademarks of Original.

7.2 Feedback
If the user provides feedback or suggestions regarding the Services, Original AI may use them freely without any obligation to the user.

Original will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Original reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, without liability to you, for any interruption, modification, or discontinuation of the Services or any function or feature thereof.

Original AI is committed to protecting users’ personal data in accordance with the Swiss Federal Data Protection Act (DPA). Users have the right to access, correct, or request deletion of their personal data. For further details, consult our Privacy Policy.

Unless otherwise agreed in writing, this Agreement is in force for an unspecified time. Original may terminate this Agreement or suspend your using of the Services at any time, including, without limitation, in the event of your alleged or actual misuse of the Services or any breach of this Agreement.

11.1 Disclaimer of Warranties
The Services are provided “as is” and “as available.” Original AI makes no express or implied warranties regarding the Services.

11.2 Limitation of Liability
In no event will Original, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to your use of the Services, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not Original was advised of the possibility of such damages.

Without limiting the generality of the foregoing, Original takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Services including without limitation, to any of the following: (i) technical failure, malfunction or shutdown; (ii) server failure, hacks or unavailability; (iii) data loss; (iv) stolen, lost, or unauthorised use of the Services; (v) errors calculating network fees; (vi) corrupted data on Orignal’s servers; (vii) failure to update or provide correct information; (viii) “phishing” or other websites masquerading as Orignal; (ix) delays, interruption or loss of the Services; (x) loss of business or goodwill.

11.3 Liability to Third Parties
The Services are supported and integrated with third-party services. In no event Orignal takes responsibility for any third-party services and will not be liable for any loss, damages, technical failure, malfunction, unavailability referred to such third-party services. For further information on third-party services, you should read the relevant third-party terms and conditions.

11.4 Force Majeure Clause
Original will not be deemed in default of this Agreement to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond Original’s reasonable control.

11.5 Advertising
The Original AI platform may host advertisers with ads. Original AI merely provides the space for advertisements and has no responsibility for the content published by advertisers.

To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify Original, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third-party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of: (i) your alleged or actual breach of this Agreement, including, without limitation, your express representations and warranties; (ii) your alleged or actual use or misuse of the Services; and (iii) your alleged or actual infringement or violation of any laws or of the rights of a third-party

13.1 Disputes
These Terms are governed by Swiss law. Any dispute shall be subject to the exclusive jurisdiction of the courts of Lugano, Switzerland.

13.2 Mediation
Original AI encourages prior mediation or informal negotiation before proceeding with a lawsuit to reduce costs and time needed to resolve disputes.

14.1 Changes to Terms
Original AI reserves the right to modify these Terms at any time. Substantial changes will be communicated with at least 30 days’ notice.

14.2 Non-Waiver Clause
Failure by Original AI to exercise a right under these Terms does not constitute a waiver of that right.

14.3 Transfer of Contract
Original AI may assign or transfer its rights and obligations under these Terms to third parties without user consent.

For questions regarding these Terms and Conditions or for any other requests, please contact us at: info@original.land