General

The company under the name "Own.Solutions" and with the distinctive title "Own.Solutions", based in Marina Village, Malahide, Co. Dublin K36 N702, Ireland, (hereinafter the "Company"), owner contact email: support@own.solutions, is beneficiary, owner who operates and manages the webpage ownassistant.ai (hereinafter "Website") in accordance with the following general terms of use (hereinafter "ToU"), which each and every visitor/user of the Website is asked to read carefully before further use of the Website. The below terms are the general terms and conditions under which the Website's use is ruled. By visiting the Website, you agree with these ToU. If you do not agree with the hereby ToU, you should abstain immediately from any use of the Website.

These Terms govern the use of Own.Assistant, and, any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document. The User must read this document carefully. Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

Information about Own.Assistant
Own.Assistant is your ultimate AI chatbot companion and the only AI powered chatbot you need for your business! Create and train your own natural language chatbot in just 3 clicks, ready to answer any customer support question with ease! With Own.Assistant you have full access and control of chatbot knowledgebase! "Own.Assistant" refers to this website, including its subdomains and any other website through which the Owner makes its Service available; applications for mobile, tablet and other smart device systems; the Service;

What the User should know at a glance
Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users. Usage of Own.Assistant and the Service is age restricted: to access and use Own.Assistant and its Service the User must be an adult under applicable law. The right of withdrawal only applies to European Consumers.
Through our Website, you may access information about our provided services related to advanced chat applications based on artificial intelligence, with the aim of developing and configuring a virtual assistant, using modern NLP (Natural Language Processing) algorithms to serve the customers' end users.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using Own.Assistant. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document. By using Own.Assistant, Users confirm to meet the following requirements:
- There are no restrictions for Users in terms of being Consumers or Business Users;
- Users must be recognized as adult by applicable law;
- Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
- Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Account registration
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Own.Assistant.

By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration
Registration of User accounts on Own.Assistant is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
- Accounts registered by bots or any other automated methods are not permitted.
- Unless otherwise specified, each User must register only one account.
- Unless explicitly permitted, a User account may not be shared with other persons.

Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
- By using the tools provided for account termination on Own.Assistant.
- By directly contacting the Owner at the contact details provided in this document. However, termination of the account will not be possible until the subscription period paid for by the User has expired.

Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on Own.Assistant
Unless where otherwise specified or clearly recognizable, all content available on Own.Assistant is owned or provided by the Owner or its licensors. The Owner undertakes its utmost effort to ensure that the content provided on Own.Assistant infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on Own.Assistant - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content. Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Own.Assistant, nor allow any third party to do so through the User or their device, even without the User's knowledge. Where explicitly stated on Own.Assistant, the User may download, copy and/or share some content available through Own.Assistant for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected.

Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content on Own.Assistant they grant the Owner a non-exclusive, fully paid- up and royalty-free license to process such content solely for the operation and maintenance of Own.Assistant as contractually required. To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Own.Assistant. Users acknowledge, accept and confirm that all content they provide through Own.Assistant is provided subject to the same general conditions set forth for content on Own.Assistant.

Liability for provided content
Users are solely liable for any content they upload, post, share, or provide through Own.Assistant. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete or block such content at its own discretion and, without prior notice, to deny the uploading User access to Own.Assistant:
- upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;
- if a notice of infringement of intellectual property rights is received;
- if a notice of violation of a third party’s privacy, including their intimate privacy, is received;
- upon order of a public authority; or
- where the Owner is made aware that the content, while being accessible via Own.Assistant, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Own.Assistant.

Access to external resources
Through Own.Assistant Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use
Own.Assistant and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of Own.Assistant and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Own.Assistant or the Service, terminating contracts, reporting any misconduct performed through Own.Assistant or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
- violate laws, regulations and/or these Terms;
- infringe any third-party rights;
- considerably impair the Owner’s legitimate interests;
- offend the Owner or any third party.

TERMS AND CONDITIONS OF SALE

Provision of personal data
To access or receive some of the Products provided via Own.Assistant as part of the Service, Users may be required to provide their personal data as indicated on Own.Assistant.

Paid products
Some of the Products provided on Own.Assistant, as part of the Service, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Own.Assistant. To purchase Products, the User must register or log into Own.Assistant.

Product description
Prices, descriptions or availability of Products are outlined in the respective sections of Own.Assistant and are subject to change without notice. While Products on Own.Assistant are presented with the greatest accuracy technically possible, representation on Own.Assistant through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product. The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process. The purchasing process includes these steps:
- By clicking on the checkout button, Users open the Stripe checkout section, wherein they will have to specify their contact details and a payment method of their choice.
- After providing all the required information, Users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on Own.Assistant, hereby accepting these Terms and committing to pay the agreed- upon price.

Order submission
When the User submits an order, the following applies:
- The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
- In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
- Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged. Prices on Own.Assistant are displayed:
- excluding any applicable fees, taxes and costs.

Methods of payment
Information related to accepted payment methods is made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Own.Assistant. All payments are independently processed through third-party services. Therefore, Own.Assistant does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.

Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Contractual right of cancellation
The Owner grants Users a contractual right to cancel the purchase under the terms and conditions described in the relevant section of Own.Assistant within 30 days of concluding the contract.

Delivery
Performance of services
The purchased service shall be performed or made available within the timeframe specified on Own.Assistant or as communicated before the order submission.

Contract duration
Trial period
Users have the option to test Own.Assistant or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of Own.Assistant may not be available to Users during the trial period. Further conditions applicable to the trial period, including its duration, will be specified on Own.Assistant. The trial period shall end automatically and shall not convert into any paid Product unless the User actively purchases such paid Product.

Subscriptions
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

Open-ended subscriptions
Paid subscriptions begin on the day the payment is received by the Owner. In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Termination of open-ended subscriptions
Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application. Terminations shall take effect 30 days after the notice of termination has been received by the Owner.

User rights

Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory withdrawal right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.

Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires. When does the withdrawal period expire?
- Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed. Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

...on the purchase of services

Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided. Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.

UK User rights
Right to cancel
Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification. Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

Exercising the right to cancel
To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires. When does the cancellation period expire?
- Regarding the purchase of a service, the cancellation period expires 14 days after the day that the contract is entered into, unless the User has waived the right to cancel.

Effects of cancellation
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

...on the purchase of services

Where a User exercises the right to cancel after having requested that the service be performed before the cancellation period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided. Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.

Brazilian User rights
Right of regret
Unless an applicable exception is stated below, Users who are Consumers in Brazil have a legal right of regret under Brazilian law. This means that the Consumer has the right to withdraw from contracts made online (distance contracts or any contract signed away from business premises) within seven (7) days of the date the contract was entered into or the receipt of the product or service, for any reason and without justification. Users that do not qualify as Consumers, cannot benefit from the rights described in this section. The right of regret may be exercised by the Consumer via contact channels listed at the beginning of this document and in accordance with the guidelines in this section.

Exercising the right of regret
To exercise their right of regret, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the regret notice before the regret period expires. When does the regret period expire?
- Regarding the purchase of a service, the regret period expires seven (7) days after the day that the contract is entered into and only if the service has not yet been provided.

Effects of regret
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed. Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract or the actual return of the product, whichever occurs later. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

...on the purchase of services

Where a User exercises the right of regret after having requested that the service be performed before the regret period expires, the User shall pay to the Owner an amount which is in proportion to the part of the service provided. Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws.

Guarantees

Legal guarantee of conformity for Digital Products under EU law
Under EU law, for a minimum period of 2 years from delivery or, in case of Digital Products supplied continuously for more than 2 years for the entire supply period, traders guarantee conformity of the Digital Products they provide to Consumers. Where Users qualify as European Consumers, the legal guarantee of conformity applies to the Digital Products available on Own.Assistant in accordance with the laws of the country of their habitual residence. National laws of such country may grant Users broader rights.

Legal guarantee of conformity for services for Consumers in Brazil
The legal guarantee applicable to services sold by Own.Assistant complies with the following terms, according to the Consumer Protection Code:
-non-durable services shall have a thirty-day (30 day) guarantee; and
-durable services shall have a ninety-day (90 day) guarantee.
The warranty period starts from the end of the performance of services.
The warranty is not applicable in cases of service misuse, natural events or if it has been subjected to any maintenance other than that provided by Own.Assistant.
The warranty may be claimed through the contact channels provided by Own.Assistant. If applicable, the Owner shall bear the costs of shipping any goods for technical assessment. The Owner, at its own discretion, may also offer a contractual warranty in addition to the legal warranty.
The regulations applicable to contractual warranties can be found in the specifications provided by Own.Assistant. If no such information is provided, only the statutory provisions shall apply.

Liability and indemnification

Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law. The above also applies to any claims exercised by third parties (including but not limited to the Owner’s clients or customers) against the Owner related to Digital Products provided by the User such as, for instance, conformity claims.

Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf). This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Own.Assistant has been appropriately and correctly used by the User. Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users
Disclaimer of Warranties
Own.Assistant is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service. The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services. The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service. Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
- any errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service; any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification
- The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co- branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
- User’s use of and access to the Service, including any data or content transmitted or received by User; User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- User’s violation of any statutory law, rule, or regulation;
- any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- User’s wilful misconduct; or
- statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately. Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.). The Owner undertakes to inform the User with at least 2 days' notice in advance, whenever possible.

Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Own.Assistant and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of Own.Assistant.

Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Own.Assistant are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Own.Assistant are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User from the date communicated to Users onwards. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement. The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner. If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts
All communications relating to the use of Own.Assistant must be sent using the contact information stated in this document.

Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Authoritative version of these Terms These Terms are drawn up and revised in English. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.

Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of national law
However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.

Exception for Consumers in Switzerland
If the User qualifies as a Consumer in Switzerland, Swiss law will apply.

Exception for Consumers in Brazil
If the User qualifies as a Consumer in Brazil and the product and/or service is commercialized in Brazil, Brazilian law will apply.

Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for Consumers in Europe
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.

Exception for Consumers in Brazil
The above does not apply to Users in Brazil that qualify as Consumers.

Dispute resolution

Amicable dispute resolution Users may bring any disputes to the Owner who will try to resolve them amicably. While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Own.Assistant or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document. The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document. The Owner will process the complaint without undue delay and within 2 days of receiving it.

Online dispute resolution for Consumers The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts. As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.

Definitions and legal references

Own.Assistant (or this Application)
The property that enables the provision of the Service.

Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Brazilian (or Brazil)
Applies where a User, regardless of nationality, is in Brazil.

Business User
Any User that does not qualify as a Consumer.

Digital Product
Is a Product that consists of: content produced and supplied in digital form; and/or a service that allows for the creation, processing, storing or accessing data in a digital form or the sharing or any other form of interaction with digital data uploaded or created by the User or any other user of Own.Assistant.

European (or Europe)
Applies where a User, regardless of nationality, is in the EU.

Example withdrawal form
Addressed to: Own.Solutions AC Ltd, Marina Village, Malahide, Co. Dublin K36 N702, Ireland
support@own.solutions

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)

- Ordered on: _____________________________________________ (insert the date)
- Received on: _____________________________________________ (insert the date)
- Name of consumer(s):_____________________________________________
- Address of consumer(s):_____________________________________________
- Date: _____________________________________________
- (sign if this form is notified on paper)

Owner (or We)
Indicates the natural person(s) or legal entity that provides Own.Assistant and/or the Service to Users.

Product
A good or service available through Own.Assistant, such as e.g. physical goods, digital files, software, booking services etc., and any other types of products separately defined herein, such as Digital Products.

Service
The service provided by Own.Assistant as described in these Terms and on Own.Assistant.

Terms
All provisions applicable to the use of Own.Assistant and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

United Kingdom (or UK)
Applies where a User, regardless of nationality, is in the United Kingdom.

User
Any user of the Service, whether a human being or legal entity.

User (or You)
Indicates any natural person or legal entity using Own.Assistant.

Consumer
Consumer is any User qualifying as such under applicable law.

Latest update: January 11, 2024

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