General Terms and Conditions for the use of AskBrian (“T&C”)
Effective date: February 1st, 2020
1. Who is AskBrian?
We at AskBrian, the AskBrian GmbH, Untermarkt 37a, 82515 Wolfratshausen, (“AskBrian” or “We”) want to provide you – our customers – the best product features and experience available at any time through our Services www.askbrian.ai and our digital assistant via firstname.lastname@example.org and to continue to develop these Services with you. However, every cooperation needs a clear set of ground rules in order to guide how we interact with each other and to define core values. These T&C set out the basic framework between you and us for the use of our Services and are applicable to you upon your accessing the site, completing the registration process and/or accepting these T&C with your first inquiry.
In case you are a “Pro User” or have subscribed to any of our services against payment, additional terms and conditions may apply.
2. What does AskBrian provide?
AskBrian is a digital assistant and has a variety of skill sets to increase your every day work efficiency. For one, AskBrian is a fully automated, intelligent service. AskBrian will find through its algorithms and automated search skills, presentation slides, country flags, icons, industry reports and benchmarks as well as tax rates and quotes from various authors. Furthermore, AskBrian will assist you in your every day work with the conversion and translation of files and business cards (together hereinafter “Services”). For further information as to what you can do with AskBrian, please see https://www.askbrian.ai/skills.
All of our Services are fully automated and do not include any form of manual input or result monitoring. As such, our Services confine themselves to the execution of the respective task (search, translate and converse), but do not produce a specific quality or quantity of results.
While we strive with best efforts to provide you the respective Services within 3 minutes of your inquiry, we, however, do not guarantee any specific reaction time, service level, quantity and/or quality of the Services.
As the Services are based on the cooperation of a complex infrastructure, services providers and overall connectivity, the Services may not always be available and we expressly do not guarantee and/or warrant any availability of the Services. While we do our best to provide you useful information we can not fully substitute professional human advice. We are not liable for any content, code, or other errors or omissions or inaccuracies.
3. Your obligations as a user of AskBrian
We provide our Services to you only on the condition that you comply with any and all applicable laws, do not violate our rights or the rights of third parties and that you use our Services solely in a manner consistent with these T&C and do not destroy, damage or otherwise exploit the Services.
To ensure that we can offer our Services, you are fully responsible for the content that you send or otherwise make available to us. You are especially fully responsible for all and any files, texts or other information and data you send, provide and/or supply AskBrian for the fulfilment of the Services such as the translation and conversion services.
Your inquires with the Services shall be limited to twenty (20) inquiries of any kind per month, unless otherwise expressly agreed. In any case, you must not:
- make excessive use of the Services; and
- use any kind of automated software and/or bots to use the Services and/or make inquiries; and
- abuse the Services in any other way.
Harassment in any manner or form, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a AskBrian GmbH or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content to the Services or use the Services to solicit others to join or become members of any other commercial online service or other organization.
4. Termination of the Services
If we determine that things are not working between you and us, in particular, if you violate any of these T&Cs, we reserve the right to terminate our contractual relationship at any time without further notice and in our sole discretion.
Such a termination may include the decision not to enter in any further form of legal relationship after such a termination and the execution of such a decision, through the maintenance of a dedicated black list or similar measures.
5.1. All rights to Services reserved by AskBrian
All intellectual property rights to the Services, that means our website, software and algorithms, are either our property or have been licensed to us. All rights are reserved by us or, if provided by a third party, they are reserved by the third party (and even if such content or service is not expressly marked as being legally protected or registered, this does not mean that we or third parties waive any applicable intellectual property rights, neither wholly nor partially with respect to such content or service). You are not permitted to reproduce, copy, post, republish, transmit, record, transfer or process any content, materials or portions thereof without our express written permission in advance, nor are you permitted to do or attempt anything that violates our intellectual property rights or any intellectual property rights licensed to us or owned by third parties. This also applies to the ideas and concepts on which the Services are based, even if they are not protected by intellectual property rights.
All trademarks, service marks and trade names of AskBrian used in the site are trademarks or registered trademarks of AskBrian GmbH.
5.2. Rights through and by the use of AskBrian
Any search results, translations or conversions of our Services may be protected by third party rights in any way. By providing any result to your inquiries and use of the Services, we expressly do not state or guarantee in any way, that any result does not violate any internal or external compliance or rights of third parties. You acknowledge and agree that your right to use such content or services of third parties may be subject to additional terms and conditions of the third party. If you do not agree to these additional conditions, you are not permitted to use the respective third-party content or services.
6. Third-Party Links
In an attempt to provide increased value to our users, we may link to sites and services operated by third parties. These linked sites and services are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of our website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
We and our employees, distributors, licensors and representatives cannot be made liable for our free Services, whether by contract, tort (including and without limitation negligence) or other act or omission, regardless of whether such act or omission is direct, indirect, consequential or specific. The exclusions set forth in this section apply even if the loss or harm suffered by you was or should have been foreseen by us and/or you informed us of the risk that you suffered the loss or harm.
Nothing in these T&C shall limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other type of liability which cannot be limited or excluded by applicable law, or otherwise affect your statutory rights as a consumer.
You agree to indemnify, defend and hold harmless AskBrian, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account.
10. Final words and rules
Each provision of these T&C applies separately and independently. If any provision of these T&C is or becomes invalid or unenforceable, whether in part or as a whole, the remaining provisions of these T&C shall remain unaffected. In such case, the affected provision will either be construed and modified to the minimum extent necessary to render it valid or repealed and replaced with a valid provision that best gives effect to the purpose of these T&C and enables them to remain in full force and effect to the extent permitted by law.
These T&C shall be governed by and construed in accordance with German law. All disputes arising out of or in connection with these T&C, including any questions regarding their existence, validity or termination, shall exclusively be settled by the court responsible for commercial matters in Munich. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall be excluded, if legally possible.
The original version of the T&C is in English. Any translated version is for your convenience and information only. In case of disputes the English text shall prevail.