These Terms of Service ("Terms", "ToS") govern your (“you”, “User”) relationship with Dedomena and its dedomena.ai website, software, and services (the "Service") operated by Dedomena Artificial Intelligence S.L. (“Dedomena”, “us”, “we”, or “our”), a limited liability company registered at 7th Marie Curie Street, Beta Building, Floor 7, Atic 4, ZIP 28521, Rivas-Vaciamadrid, Madrid, and registered in the commercial register of Madrid with Tax Identification Number B16803025.
Please read these Terms of Service carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers and others who access or use the Service. In the relationship between you and Dedomena, only these Terms apply, as they may be modified from time to time. Any deviating terms or contract conditions therefrom of a User or any third-party are not applicable.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access or use the Service.
Dedomena provides the User access to the Service as set out in these Terms for the purpose of enabling the User to perform data synthesization, data enrichment, data monetization and acquisition, among other data and AI related tasks. The User may not use the Service in violation of applicable law.
The Service consists of features that, among other things, allow the User to (i) upload and download data to and from the Service (“Data”), (ii) process, enrich (“Neuron”) and generate and/or train a synthetic model based on that Data (“Synthesizer”), (iii) use the Synthesizer to generate data applicable to a given situation and use cases that is not obtained by direct measurement (“Synthetic Data”), (iv) generate reports concerning the quality, privacy and utility of that Synthetic Data (“Reports”), and (v) acquire synthetic or anonymized Data provided by Dedomena or a third-party (Cortex).
Subject to the User's compliance with the instructions contained in the user interface of the Service and any warnings contained in the Reports, Dedomena warrants that the Synthetic Data as such will not qualify as personal data under the GDPR. Dedomena retains the right to use Reports to improve its services.
Dedomena creates, curates, and publishes listings of Data for the Cortex from authorized sources and data providers. This Data does not include the User's uploaded, processed or synthesized data, unless the User accepts its monetization, generally by accepting the Cortex Terms and Conditions and at all times under its control and agreement. We neither guarantee the accuracy or veracity of User Data listings on our Service.
Each User assures to the best of their knowledge and belief that their Data protects and does not violate intellectual and industrial property and personal rights, as well as all rights of third parties. Furthermore, each User ensures that they are the owner or are in possession of all necessary (license) rights of all Data that they upload, process, synthesize, among other available tasks executed in and/or with our Service.
In order to protect the interests of our Users and us, you agree not to:
Any prohibited use of our Service may result in immediate termination of your account.
Dedomena will provide basic email support regarding software issues or malfunctions at no additional cost. Dedomena will make efforts to make the Service available 24 hours a day, 7 days a week, except for: (a) planned downtime (which Dedomena aims to schedule outside of normal business hours), or (b) any unavailability caused by circumstances beyond Dedomena's reasonable control. Dedomena reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice at any time and from time to time.
Dedomena shall have the right to suspend the Service for the User in case of any violation or illegal activity.
For the duration of these Terms, Dedomena grants the Customer a non-exclusive, non-sublicensable, non-transferrable limited license to use some parts of the Service for its own purposes and in accordance with these Terms. Dedomena retains all rights under copyright law to the Service and full ownership of the Service. The Service is protected by copyright and other laws of both Spain and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Dedomena.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Dedomena cancels it. You may cancel your Subscription renewal through your online account management page.
Acquiring Data on the Cortex may require a successful one-time payment (“Single Payment”) to access the dataset.
Dedomena offer a Subscription with a free trial with limited quotes or capabilities for specific parts of the Service.
A valid payment method, including debit/credit card or bank account, is required to process the payment for your Subscription or Single Payment, excluding those with free trial. You shall provide our payment and financial services provider Stripe, Inc (“Stripe”), with accurate and complete billing information including full name, address, state, zip code, and a valid payment method information. By submitting such payment information, you automatically authorize Dedomena and Stripe to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Dedomena will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Dedomena, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Dedomena will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
The User shall retain full ownership of any already owned Data, personal or not, that is provided, uploaded and/or processed by the Service in our Cloud or the User premises, as well as any Synthetic Data created from the User's Data. Not applying any data ownership to public or open Data provided, uploaded and/or processed by the Service in our Cloud or the User premises.
For the data acquired in the Cortex, a copy of the corresponding dataset is licensed for the User to be used, processed and/or transferred internally, being prohibited to distribute, publish, license or sell to any third party.
The parties shall observe their respective obligations under the EU General Data Protection Regulation (“GDPR”). The User can access the Data Protection and Privacy Policies at Dedomena's website, which shall constitute an integral part of these Terms.
Dedomena shall keep confidential and shall not disclose or allow to be disclosed in whole or in part without prior consent to any third party any User's owned Data, User's Synthetic Data, Neuron's results, Synthesizers or the Reports.
WARRANTY DISCLAIMER. THE USER AGREES THAT DEDOMENA PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER DEDOMENA NOR ITS LICENSORS, AFFILIATES OR SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO THE PERFORMANCE OF THE SERVICE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND DEDOMENA ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Dedomena, its suppliers, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted or available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the Service will meet your requirements.
In any event Dedomena, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive loss or damages of any kind, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) 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 Service; (iii) any content obtained from the Service; (iv) unauthorized 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; and (v) any act or omission in its performance under these terms. The foregoing limitation does not apply to User's obligations with respect to any violation of the (i) confidentiality provisions, and (ii) intellectual property rights provision.
Dedomena assumes no liability or warranty for the content or information provided on the Service and for its genuineness, authenticity, accuracy, or veracity. In particular, Dedomena is not liable if it emerges that the offered Data infringes the rights of third parties.
Dedomena has the duty to review any reference to any illegal content and to delete it in the event of the discovery of the illegality of the content.
Regarding the Cortex, Dedomena remains a third-party between Users connecting and communicating through our Service and assumes no liability with regards to the data transactions between Users. Disputes between Users are exclusively to be settled between these parties, without Dedomena taking part in them.
All compensation claims made by Users against Dedomena are fundamentally impossible. Exceptions to this and other limitations and exclusions of liability are claims for damages resulting from injury to life, body, or health, as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by a legal representative, executive employee, or vicarious agent of Dedomena. Claims for damages from a breach of essential contractual obligations, so-called cardinal obligations, are also impossible. A cardinal obligation is an obligation that enables the duly execution of a contract and contractual parties can have confidence and trust in the compliance. However, for slightly negligent violations of cardinal obligations, the liability of Dedomena is limited to contractually typical, foreseeable damages. Exemptions from the aforementioned limitations and exclusions of liability also include claims arising from any guarantees assumed in individual cases or other liability independent of fault, as well as claims under the Product Liability Act.
Any further liability of Dedomena is impossible.
Insofar as the liability of Dedomena is impossible or limited, this also applies in favor of the personal liability of its legal representatives, executives and vicarious agents.
The User warrants that it has a sufficient legal basis to synthesize and/or process the Personal Data in full compliance with applicable law.
Each User exempts Dedomena and all its employees from all claims that third parties assert against Dedomena for violating their rights. In this context, Users assume the costs of the required legal defense of Dedomena, including all legal fees and lawyers' fees at the statutory rate. This does not apply if the User is not responsible for the infringement.
Dedomena reserves the right to modify these Terms at its sole discretion, from time to time. If the modifications include material changes to the content, Dedomena will send an email notice to the last known contact details of the User. If the User does not object to such proposed modifications within a period of four weeks of receipt of such notice, the User shall be deemed to have consented to the modifications. If the User objects to the proposed modifications, the user shall not be entitled to continue using the Service.
When you create an account with us, effectively becoming a User, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
We reserve the right to terminate accounts created with private email addresses as well as accounts where we can't verify the identity of the User.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may update your account information such as your first name, last name, and password in the profile section any time after signing in. To update your email address, please contact us.
Either Party may terminate these Terms for convenience. The deletion of the User's registered account constitutes a termination of these Terms.
Users can request the deletion of their account by contacting us with their registered email address with an explicit message asking for the account deletion. Upon termination, your right to use the Service will immediately cease.
As required by law, we may retain information shared by Users even after an account has been deleted.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. In this case, you may not register for an account with different information again. In case of a re-registration we reserve the right to terminate the new account with immediate effect and without prior notice.
These Terms and any information provided during the registration process comprise the entire agreement between the parties with respect to the subject matter of these Terms and supersedes all prior agreements, written or oral, between the parties with respect to the Service. Any terms and conditions of the User , including those in orders, acceptances, confirmations, or other communications with the User shall not apply even if Dedomena has not rejected them expressly.
If any provision of this Agreement should be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced, to the extent permitted by law, by a provision that most closely reflects the economic intent of the invalid provision.
The headings chosen under these Terms of Service have no particular legal significance but are merely intended to facilitate understanding and reading of these Terms.
These Terms are always available in their most recent version on the web pages of Dedomena and are also made available as part of the registration.
Dedomena reserves the right to transfer these terms to an affiliated company without permission of the User.
These Terms are subject to Spanish law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG, UN Sales Convention). Any and all disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent court for the of the City of Madrid, Spain.
Please use our contact form or address your requests or questions concerning the processing of your personal information to:
DEDOMENA ARTIFICIAL INTELLIGENCE S.L.
7th Marie Curie Street, Beta Building, Floor 7,
Atic 4
ZIP 28521, Rivas-Vaciamadrid, Madrid (Spain)
hello@dedomena.ai.
Updated: March 12th 2024
