Terms & conditions

Preamble

Oxolo GmbH, Bleichenbrücke 10, 20354 Hamburg ("Oxolo") develops and operates a web application called Oxolo ("Website") for generating and translating videos. The User of the Website ("User") may generate a video based on the information of the User’s business or upload an existing video to translate it.

1. Subject matter of the agreement, validity and scope

1. Oxolo provides the Oxolo Services to the User solely for business, sales, communication, e-learning and marketing purposes. Oxolo Services are not for consumers.
2. Oxolo provides The Oxolo Services to the User solely on the basis of these General Terms and Conditions ("GTC"). The GTC are part of the agreement for the use of the Oxolo Services ("Agreement").
3. These GTC in their respective current version shall also apply to all future contracts between the parties in connection with the Oxolo Services, even if they are not expressly agreed upon again.
4. Oxolo expressly rejects any general terms and conditions of the User. Deviating general terms and conditions of the User shall only become part of the Agreement if Oxolo expressly agrees in writing.
5. If Oxolo provides special terms and conditions for certain specific services or features ("Special Terms"), the aforementioned sections apply accordingly. In the event of a conflict between the Special Terms and the GTC, the Special Terms shall prevail as more specific provisions.
6. These GTC do not apply to contractual relationships of the User with third parties.

2. Scope

1. Oxolo innovates and continuous to further develop the Oxolo Services (please also see Section 2.4 of these GTC). Oxolo provides the Oxolo Services always only in their latest version. Certain Oxolo Services are only available to the User against payment of a fee (see Section 6 of these GTC).
2. The current descriptions and the scope of functions of the Oxolo Services, the technical requirements for using the Oxolo Services and the applicable prices of chargeable Oxolo Services can be found on the Oxolo’s website or within the Oxolo Services labelled accordingly (e.g. "Pricing"). Other undertakings, service commitments or collateral agreements are only valid if they are confirmed in writing by Oxolo. In case Oxolo Services are available through different channels or platforms (e.g. Oxolo’s own website, APIs, etc.), their features may differ.
3. Oxolo guarantees an average annual availability of the Oxolo Services of 97%. This shall not include downtimes during which the server of the Oxolo Services cannot be accessed due to technical or other circumstances beyond the control of Oxolo (for instance force majeure, third party fault, etc.). Periods in which regular maintenance work is carried out are also excluded. Oxolo may also limit access to the Oxolo Services if such limitation is required for the purposes of ensuring the reliability of network operations and network integrity, in particular, for the prevention of serious disruptions of the network, the software, or stored data. Such periods shall also not be taken into account when calculating availability. The liability of Oxolo for the non-availability of the Oxolo Services remains unaffected in case of Oxolo’s wrongful intent and gross negligence. The Oxolo Services might not be available in all countries worldwide for legal or licensing reasons.
4. Oxolo is entitled to expand or modify the scope of the Oxolo Services at any time, to adapt it to technical progress and/or improve it. Such modifications will not lead to additional costs for the User. Oxolo is also entitled to take additional security measures or make any similar modifications at any time. In such cases, Oxolo will inform the User about such adaptations and modifications and any minimum technical requirements which may have been changed. For amendments to the Agreement concluded with the User, including amendments to these GTC, Section 2 of the GTC shall apply.

3. User Content

1. The User permits Oxolo to use the content the User has contributed or uploaded in connection with the operation of the Oxolo Services for the provision of the Oxolo Services under this Agreement, and – unless otherwise agreed between the Parties in writing or through the settings of the Oxolo Services – for the further development and training of the algorithms used and/or to be used in the future within the framework of the Oxolo Services.
2. Unless otherwise agreed between the Parties in writing or through the settings of the Oxolo Services, the User grants Oxolo the simple, global, unlimited in time and space and irrevocable right to exploit and use the content it has contributed or uploaded in connection with the use of the Oxolo Services free of charge. With regard to the content contributed or uploaded, this includes in particular the right to reproduce, distribute, edit, in particular, translate and/or set to sound, redesign, combine with other content and/or use parts of the content, enter the content into databases, perform, list, make publicly available, broadcast and otherwise publicly re-produce the content. Furthermore, the User grants Oxolo the right to allow any third party to view or download the content to their end devices and use it there as intended, and to grant the third party the necessary licenses for this purpose, unless otherwise agreed between the Parties in writing or through the settings of the Oxolo Services.
3. The aforementioned granting of rights according to this Section shall extent to all content uploaded or introduced into the Oxolo Services by the User, i.e., by uploading, entering and sending the content.
4. The User represents and warrants to Oxolo that the User is the sole owner of all rights to the content that it has contributed or uploaded or is otherwise authorized to do so. The User also warrants to Oxolo that it is authorized and able to grant licenses to Oxolo to the extent specified above.
5. The User is solely responsible for securing and backing up its content.

4. Users authorized to participate

1. The Website is intended only for access and use by individuals at least eighteen (18) years old.
2. By accessing or using the Oxolo Services, User warrants and represents that User is at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this Agreement and abide by all of the terms and conditions of these GTC.
3. If the User is not at least eighteen (18) years old, it is prohibited from both the access and usage of the Oxolo Services and should immediately stop using them.

5. Content Moderation - Prohibited Uses - Acceptable Use Policy

1. The User undertakes to use the Oxolo Services exclusively for the purposes of this Agreement. In particular, the User undertakes not to store any information – including content created using Oxolo’s Services – on Oxolo’s Services that violates applicable law or is incompatible with this Agreement or the purpose of the Oxolo Services.
2. Oxolo is not obliged, but authorized to monitor the information transmitted or stored by the User on Oxolo’s Services either by automated means or manually for circumstances that indicate illegal use or incompatibility with this Agreement.
3. Oxolo will conduct a human review and remove information if it is found to be illegal or in violation of this Agreement. Oxolo furthermore reserves the right to alternatively block the access to unlawful information or information in violation of this Agreement stored by the User on Oxolo’s Services, or to terminate or suspend the User’s account in accordance with the provisions of Section 11.
4. If any of User's information is found to be in violation of applicable law or this Agreement, including but not limited to Section 5.7, User has to immediately delete, stop distributing or making accessible and recall such content both online and offline. In particular, the User will request third parties storing or distributing such content, to delete/destroy such content.
5. Sections 5.3 and 5.4 also apply in the event of an official order or a report by a user.
6. The avatars that are already available through the Oxolo Services are made based on and bear a life-like resemblance to real people and mimic their looks and voice. For this reason, in order to comply with the licensing terms with the actors and to protect the rights and reputation of the actors, the User must not use the avatars in a way that a person might reasonably find offensive.
7. In addition to the limitations set out above and in Section 7, the User agrees not to use the Oxolo Services, videos or any other content created through the use of any Oxolo Service or parts thereof (“Oxolo Content”) as follows (unless otherwise agreed with Oxolo in writing):
   1. In content for TV or other broadcasting.
   2. In content used as or part of or in connection with cryptocurrency and related tokens, including non-fungible tokens (NFTs) or similar.
   3. To transmit, or procure the sending of, any "junk mail", "chain letter", "spam", or any other similar solicitation.
   4. To portray avatars in a way that a person might reasonably find offensive, including, but not limited to portraying avatars as suffering from or medicating for any medical condition, including addiction.
   5. To portray avatars alongside or in connection with regulated or not age-appropriate goods or services including, but not limited to alcohol, tobacco, nicotine (including vaping products), psychoactive substances, firearms, gambling, preservatives, sex toys, escort services, dating services, adult entertainment and similar.
   6. In content in which the avatar is making any kind of statement of opinion, including expressing any personal preferences or experiences as if they are the avatar’s preferences or experiences.
   7. In content in which the avatar is making any kind of statement of fact regarding religion, politics, race, gender, sexuality, or other similar topics that are known to be sensitive to certain demographics.
   8. To create trademarks, design-marks, service-marks, or other similar protected or registrable rights.

6. Subscriptions and Purchases

1. If User wishes to subscribe to any Oxolo Services ("Subscription") or to purchase any product made available through the Oxolo Services ("Purchase"), User may be asked to provide certain information relevant to the Subscription or Purchase including, without limitation, credit card number, the expiration date of the credit card and billing address.
2. User represents and warrants that: (i) The User has the legal right to use any credit card(s) or other payment method(s) in connection with any Subscription or Purchase; and (ii) the information User supplies to Oxolo is true, correct, and complete.
3. Oxolo may employ the use of third-party services for the purpose of facilitating payment and the completion of Subscriptions or Purchases. By submitting User's payment information, User understands that Oxolo may share that information with these third parties subject to Oxolo’s Privacy Policy. Should Oxolo incur chargebacks or cancellations due to behavior for which the User is responsible, Oxolo shall be entitled to discontinue the services and block the User's account as well as terminate the Agreement in accordance with the requirements of Section 11 of these GTC.
4. User's Subscription or Purchase is not confirmed until the User receives a confirmation email from Oxolo. In particular, Oxolo reserves the right to reject User's Subscription or Purchase due to product or service unavailability, or if fraud or an unauthorized or illegal transaction is suspected.
5. Unless otherwise specified, all prices shown on Oxolo’s website or within Oxolo’s Services are as a standard denominated in EUR. Oxolo may determine to show the prices in the currency that Oxolo determines to be User's local currency. Unless otherwise specified, all prices shown to Users include applicable sales taxes at the rate that is in force from time to time.
6. Oxolo offers Oxolo Service which are available for a fee according to the pricing plan selected by the User within the Oxolo Services. The corresponding billing cycles selected by the User within the Oxolo Services apply for Subscriptions (e.g. monthly or annually). All Subscriptions renew automatically unless terminated before the end of a billing cycle in accordance with Section 11.
7. If a periodical service plan is agreed for the use of Oxolo Services, the User is only entitled to the corresponding volume (number of minutes) for the use of the Oxolo Services only within the respective period. Minutes means the duration of a video generated by a User as part of the Oxolo Services. The respective number of minutes is displayed before the User confirms the creation of the video. It is deducted from the User’s volume once the video is created.
8. Once the volume of minutes for the agreed period has been consumed, the Oxolo Services can only be used to a limited extent. In particular, the generation of videos is no longer possible for that period.
9. The User will be notified when the minutes volume has been consumed. The User then has the option of acquiring additional volume against a fee.
10. When Credits are added to the User's account, the User receives a simple right of use for the Credits acquired, which is not transferable and not sub-licensable. Accordingly, when referring to the transfer of Credits, the terms "sell", “purchase” or "buy" mean the transfer or acquisition of the right of use described above for a consideration. The terms "buyer", "seller", "sale", and "acquisition", and similar terms have a corresponding meaning in the context of Credits. This shall also apply accordingly to other virtual currencies.
11. Any trading or exchange of Credits, or other virtual currencies, used in connection with the Oxolo Services, for real money or other consideration is expressly prohibited, unless otherwise agreed with Oxolo in writing.
12. The right to use the Credits or other virtual currencies shall, in any case, end when the Agreement concluded between Oxolo and the User ends.
13. Unless otherwise specified in these GTC, on the relevant website or within the Oxolo Service for the Subscription or Purchase, or required by law:
    1. all Subscriptions and Purchases are final
    2. under a Subscription, the User receives the agreed number of Credits/Minutes for the agreed billing period (e.g. month, year)
    3. Credits can be used only for Oxolo Services and cannot be redeemed for real currency
    4. Credits not used in the relevant billing period forfeit at the end of the billing period
    5. In case the relevant website or Oxolo Service for a Subscription or a Purchase grants the User the right to request a refund within 15 days upon purchase, and the User has used some or all of the Credits, the User shall be refunded on real currency on a pro rata basis
    6. If the Credits or Minutes are used up and the User’s balance is below zero, at the end of each calendar month, the User automatically purchases the number of Credits or Minutes required to compensate the negative balance of zero at 50% above the standard rate. Oxolo may automatically debit this amount through the chosen payment method. All purchases above a balance of zero, including all of the User’s Subscriptions (if any) are charged at the standard rate.

7. IP Rights

   1. Oxolo grants the User a non-exclusive, revocable, non-transferable right, limited to the duration of the Agreement, to use the Oxolo Services only within the scope of the provisions of this Agreement and only for the agreed purpose. Any rights to use to Subscriptions or Purchases are only granted after full payment of the respective fees by User. Rights to any content accessible via Subscription are limited by the duration of the Subscription. Rights to purchased content are not limited in time. Purchased content shall mean any videos qualifying as a Purchase as defined in Section 6. Purpose of use is solely the use of the Oxolo Services or any videos created by the Oxolo Services for business, sales, communication, e-learning and marketing purposes. Unless otherwise agreed, the User is not authorized to grant sublicenses. To the extent that the license is not free of charge it is subject to the condition precedent of full payment of the fee.
   2. A transfer of the above rights to third parties is not permitted, unless otherwise expressly agreed in writing.
   3. Any form of decompilation, reverse engineering or other measures to decompose the Oxolo Services into individual parts or components is prohibited. The rights according to Sections 69d, 69e German Copyright Law (Urhebergesetz) remain unaffected.
   4. The User is prohibited from adding elements to the Oxolo Services or changing, deleting, or otherwise modifying elements of the Oxolo Services such as interfaces to third-party software, unless there is an express written agreement with Oxolo or the express written consent of Oxolo.
   5. The User must not remove any watermarks, whether visually perceptible or not.
   6. All rights, in particular copyrights and other intellectual or industrial property rights, to the Oxolo Services and all of their content, remain with Oxolo and/or the respective licensor and/or rights holder.
   7. If Oxolo provides new versions, updates, upgrades or other new deliveries with regard to the Oxolo Services, the above rights and limitations shall also apply to these.

8. Links to Other Websites

   1. Oxolo Services may contain links to third-party websites or services that are not owned or controlled by Oxolo.
   2. Oxolo has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services. Oxolo does not warrant the offerings of any of these entities/individuals or their websites.
   3. Oxolo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
   4. Oxolo strongly advises User to read the terms of service and privacy policies of any third-party websites or services that User visits.

9. Analytics

   1. Oxolo may use third-party service providers to monitor and analyze the use the Oxolo Services.
   2. For additional information on how such third-party service providers may access personal data, please refer to Oxolo's Privacy Policy.

10. Limitation of liability

    1. If and to the extent Oxolo provides the certain Oxolo Services against payment, Oxolo shall only be liable in the case of slight negligence for the breach of an essential contractual obligation. These are obligations whose fulfillment makes the proper execution of the Agreement possible at all and on whose compliance the User regularly relies and may rely on. In such cases, Oxolo shall only be liable for such damages which were typical and foreseeable. For all other damages, liability for slight negligence is excluded.
    2. Insofar as Oxolo renders services free of charge, Oxolo shall not be liable in the event of slight negligence.
    3. The above limitations of liability also apply with regard to the liability of Oxolo's employees, workers, staff, representatives and vicarious agents, in particular in favor of the shareholders, staff, representatives, bodies and their members with regard to their personal liability.
    4. The above limitations of liability do not apply to damages resulting from injury to life, body or health, in cases of intent or gross negligence on the part of Oxolo or its vicarious agents and representatives, in cases where a guarantee has been violated by Oxolo or in cases of liability under the German Product Liability Act (Produkthaftungsgesetz).
    5. The clause on the limitation of liability does not change the burden of proof.

11. Term and termination of the Agreement

    1. Oxolo may terminate or suspend User's account and/or prevent User's access to the Oxolo Services immediately, without prior notice in the event the User is in breach of this Agreement.
    2. The User is free to stop using the Oxolo Services at any time. If User wishes to terminate its account, it can contact Oxolo. Termination of User's account will take effect at the end of the then-current billing cycle and will not give rise to any refund of User's Subscription or Purchases.
    3. All provisions of this Agreement which by their nature should survive termination shall remain effective after termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
    4. The right of the parties to extraordinary termination for good cause at any time remains unaffected by the above provisions. In particular, Oxolo is entitled to extraordinary termination for good cause if
       1. the User culpably violates laws or these GTC and, despite a warning, repeatedly behaves in the same or a similar manner in violation of the rules; or
       2. the User defaults on payment of the fees with an amount of at least EUR 4.99.
    5. In case of serious violations immediate termination without prior notice is permissible. A serious violation is a violation where Oxolo cannot be required to further adhere to the Agreement. This is, in general, the case if the User
       1. violates criminal laws;
       2. uses the user account in an unlawful manner;
       3. provides incorrect data during registration or payment; or
       4. in accordance with Section 5, violates the prohibition to create, transmit, distribute or publish any content in communication and interaction with the Stock Avatar or in connection with the Stock Avatar that violates criminal laws, is degrading, racist, vulgar, offensive, defamatory, glorifying violence, endangering minors, or that is in any other way capable of violating human dignity; contains statements and/or recordings of the Stock Avatar (e.g. excerpts from recordings of videos or conversations) which are recognizably false, which the simulated person or character would obviously not do in public, or which contain the aforementioned content; damages the reputation or public image of the simulated person, character or Oxolo; may serve to violate copyrights, patents, trademarks or other property rights, the privilege as to one's own image and other personal rights, or other rights of third parties.
    6. In the event of a termination of expiration of the Agreement, Oxolo will close User's account and User will not be able to download or edit any videos previously created by User on the Oxolo Services anymore. However, if such videos have been fully paid for by User prior to the termination, User will continue to have the right to use such videos after the termination of this Agreement.
    7. Oxolo is entitled to a special right of termination for affected Agreements on a Subscription in the event that Oxolo loses the right to display the respective Stock Avatar, e.g. due to the termination of the underlying license agreement concluded between Oxolo and the respective rights holder. Oxolo may in such case give extraordinary notice of termination of the affected Agreements at the time of the expiration of the authorization. The User will be reimbursed pro-rata for any fees paid. Any other termination right shall remain unaffected.

12. Amendment of the Agreement

    1. Oxolo may amend or supplement these GTC at any time with effect for the future, to the extent that an amendment may be necessary due to an important cause. This includes necessities to amend the GTC due to a changed legal situation, new technical developments, to close legal loopholes. Such changes must not adversely affect the User contrary to good faith.
    2. Oxolo will either amend these GTC with the User's explicit consent or inform the User of the revised terms and conditions in text form at least six weeks before the amendments or supplements to these GTC come into effect and give the User the opportunity to object to the amendment or supplement within a period of six weeks from receipt of this notification.
    3. In the event of a timely objection, the present terms and conditions shall continue to apply. If the User does not object to the change or amendment within the objection period, the changes shall be deemed to have been accepted and shall become an integral part of the Agreement.
    4. Oxolo will specifically point out to the User in the notification of the GTC amendments the possibility of an objection, the time period and the legal consequences, especially with regard to a failure to object.

13. Final provisions

    1. The contractual relationship between the User and Oxolo is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international conflict of laws rules.
    2. Should one or more provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.

End of the terms & conditions.

Contact Oxolo

The Website is operated by Oxolo GmbH. Oxolo's registered address is Bleichenbrücke 10, 20354 Hamburg, Germany

Mail: support@oxolo.ai