Terms and Conditions

These Terms and Conditions apply to the Website located at oblivious.ai and all associated websites linked to it and Services provided through it. The Website is owned and operated by Oblivious Software Limited. Please read these Terms and Conditions carefully before using the Website and Services. 
Oblivious, on the basis of these Terms and Conditions, PROVIDES ONLY BUSINESS SERVICES to entrepreneurs, companies or organisations.
The Services ARE NOT intended for use by persons acting as consumers. 
By accessing or using the Website, Services or any of the Content provided by it You agree to be legally bound by these Terms and Conditions, You represent and warrant that You are eligible to use the Services and are authorised to perform the obligation required by these Terms and Conditions.
If you do not accept these Terms and Conditions, do not use the Website, Service and Content provided by it.

1. DEFINITION

1.1. Account – a collection of resources kept for You by Oblivious, by means of which You can use the Services.

1.2. Agreement – all documents and information presented to You, in particular these Terms and Conditions, setting out the rules for the provision of the Services by Oblivious.

1.3. Content – content displayed by the Website, in particular software, source code, data, images, graphics, design and other materials available on the Website while using the Services.

1.4. Credits – a sum of money paid for in advance to use a specific Service indicated in the Account (in particular hosting services). Oblivious may, as part of the Services provided, offer a certain number of Credits without the need to incur additional costs. Details can be found at

1.5. On-Premise Elements – computer programmes installed on Your devices in order to use the Services.

1.6. Oblivious – Oblivious Software Limited, address: St. James Court, 6, James Terrace, Dublin, K36Y972, Ireland, represented by its affiliates, directors, employees, officers or agents.

1.7. Services – software, application, products and services provided by Oblivious.

1.8. User or You or Your – an individual person acting as an entrepreneur, company or organisation that uses the Account and the Services through the Website.

1.9. User’s Content – Content created, generated or uploaded by the User in the course of using the Services.

1.10. Website – website located at oblivious.ai, including its Content and Services provided by Oblivious through it.

2. REQUIREMENT TO USE THE SERVICES

2.1. You register an Account by filling out the registration form available on the Website and accepting these Terms and Conditions.

2.2. In the registration process taking place via the registration form, You should provide the required data indicated in the registration form. 

2.3. For registration, You may also use a valid account of external authentication services (e.g. offered on other websites) in order to complete the registration process. You shall confirm the registration using the confirmation mechanisms provided by these external authentication services.

2.4. Upon confirmation of registration, an Agreement is concluded between You and Oblivious, the subject of which are Services, under the conditions specified in these Terms and Conditions.

2.5. When registering an Account on behalf of the User who is a legal person, it is required to be authorised to do so. Oblivious may require You to submit a relevant confirmation that You are acting on behalf of a legal person.

2.6. You are entitled to register only one Account and it is prohibited to have more than one Account. By meeting the additional requirements specified for a specific Service, You may create sub-accounts in the amount appropriate for a given Service as part of Your Account.

2.7. Accounts registered by software running automated tasks (bots) or other automated methods shall not be permitted.

2.8. You gain access to the Account (logging in) after entering the e-mail address and password or logging in via external authentication services. The use of these external services, in particular the software that causes logging in, is at Your risk using such software.

3. USE OF THE SERVICES

3.1 Direct Interactions

3.1. By using the Services, You shall use it in accordance with applicable law and for the purposes for which it is intended, as set out in these Terms and Conditions.

3.2. Oblivious offers Services in three variants:
1) Free
2) Professional
3) Enterprise.

3.3. Free variant is intended for an unlimited number of Users, and the using its functionalities is free of charge, unless it is clearly indicated as part of the Services provided that certain functionalities or Services are additional payable. Prices of these certain functionalities or Services will be precisely indicated on the Website. As part of the Services provided within Free variant, Oblivious provides the number of Credits indicated on the Website that You are entitled to in each month of the Agreement without the need to incur additional costs. The number of those Credits is renewed every month and if unused they do not carry over to the next period.

3.4. Professional and Enterprise variants are intended for Users and their use might require separate arrangements between Oblivious and You. In the event of a conflict between these Terms and Conditions and separate arrangements, the latter will prevail, unless otherwise stated in the separate arrangements.

3.5. You shall provide Oblivious with all required cooperation (including necessary information, products or data) and carry out all other responsibilities set out in the Agreement to enable Oblivious to perform the Services.

Prohibited use of the Services

3.6. You shall, under no circumstances, upload, host, transmit any Content that is unlawful, defamatory, fraudulent, discriminatory or abusive to any individual or group; infringes copyright of third parties; facilitates illegal activity; contains false or deceptive information or interferes with the normal operation of the Services; uploads or transmits or any other type of malicious code that may be used in any way that will affect the operation of the Services or of any other websites.

3.7. You must not use the name of another person or entity for what is not lawfully authorised. You must not use a trademark or any other protected designation that is subject to any rights of another person or entity with its authorisation.

3.8. If Oblivious knows or suspects that the Services have been used for illegal purposes, Oblivious may share information about such activity with the relevant authorities.

3.9. You shall maintain the security of the Account by keeping the login and password confidential. You are responsible for the User’s Content uploaded and processed as part of the Services (including the User’s Content of people who do it on Your behalf). If a vulnerability is noticed, You are obliged to inform Oblivious about it by contacting at vulnerabilities@oblivious.ai.

3.10. You shall inform Oblivious if You become aware of any unauthorised access of use to Your Account by contacting at support@oblivious.ai.

3.11. Oblivious reserves the right to suspend and – in case of gross or repeating violation – terminate the Agreement for violating any of the prohibited uses, in particular these specified above and in case for delay in payments over 14 days.

3.12. You acknowledge that provision of the Services requires the use of services provided from third parties and that You do so solely at Your own risk. Oblivious makes no representation or warranty and shall has no liability or obligation in relation to the use of, or correspondence with, any such third-party services unless agreed otherwise.

3.13. Oblivious provides Services by using systems that could be located outside the Ireland or outside other countries within the European Union, You are obliged to inform Your clients/customers/partners that their personal data may be transferred, processed and stored outside of Ireland and, as set forth in Privacy Policy, may be subject to disclosure as required by applicable law, and to obtain from Your clients/customers/partners all necessary consents under applicable law.

3.14. You acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of Services due to the way third party services are performed, errors and other unforeseeable events.

3.15. Oblivious provides You with support to resolve issues relating to the Account and use of the Services. This support consists of the access to documentation and other data that are available to You through the Account and other pages on the Website.

4. PRICES AND PAYMENTS

4.1. Oblivious will provide You with information about the fees that You are required to pay in order to use the Services. This information will be provided via the Website or any other way that will allow You to know the fee for the Services before using them.

4.2. Oblivious reserves the right to modify fees from time to time. The change in the amount of fees applies to those Services that will be provided to You after the change is made. The change does not affect the amount of fees for services purchased before the change. Oblivious will inform You thereof in accordance with the provisions of par. 11 below.

4.3. Unless otherwise agreed or clearly indicated on the Website, all fees (including Credits) must be paid in advance before using the Services. The payment shall be made using the available payment method You have chosen. If the primary payment method cannot be made for any reason, You may use the alternate payment method if it is available to You. Oblivious reserves the right to take further steps to collect the fees due and may suspend or revoke the access to the Services to pending payment.

4.4. All fees for providing the Services are exclusive of any taxes or other charges imposed by any authority that may apply and You shall be solely responsible for payment of any such taxes or charges, unless applicable law provides otherwise.

5. PROPRIETARY RIGHTS

5.1. Subject to Your compliance with these Terms and Conditions, Oblivious grants You a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable license to use the Services, including Content (except for other User’s Content), and install and use On-Premise Elements on Your device exclusively for Your access to and use of the Services and information shared with You.

5.2. The license granted herein does not permit You to modify, alter, translate, decompile, reverse engineer, derive the source code, disassemble or create derivative works of the Services or allow a third party doing thereof. You shall not be permitted to transfer, distribute, sell, offer for sale, copy, reproduce, display, publicly perform, rent or provide access to the Services to any third party. In the event that the use of the Services becomes impossible in accordance with the intended purpose due to the occurring software error, You shall immediately inform Oblivious about it.

5.3. Unless otherwise stated, Oblivious does not grant to You any rights to any third party’s intellectual property. All rights not expressly granted herein are reserved by Oblivious and licensors of Oblivious.

6. USER'S CONENT

6.1. You retain ownership and responsibility of User’s Content.

6.2. For hosting, publishing and sharing of the User’s Content, Oblivious shall be granted the right to store, analyse and display the User’s Content and make its temporary copies as required to provide the Services. It includes the right to show and share it with other Users. The above does not apply to encrypted Content sent between Users. Oblivious shall not be granted with the right to the User’s Content in the greater extent than to provide the Services to the Users.

6.3. Oblivious does not analyse the User’s Content before uploading it, but Oblivious retains the right to remove User's Content that, in its opinion, violates the generally applicable law or the Terms and Conditions, suspend Your Account and/or the performance of Services and/or terminate the Agreement.

7. User’s Liability for Third Party Claims Against Oblivious

7.1. You agree to defend and indemnify Oblivious and its respective employees, contractors, agents, officers and directors from and against any and all claims, damages, losses, liabilities, costs or expenses (including without limitation attorneys' fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to Your use of the Services, breach of these Terms and Conditions (as well as any Oblivious policy referenced in these Terms and Conditions), violation of law, or any Content that You provide, upload or which cause to interface with the Services, or otherwise You transfer, use or process in connection with the Services.

7.2. You are responsible for violation of these Terms and Conditions by anyone using the Services with Your consent or using Your Account without authorisation if due to improper care the Account has become available to persons not duly authorised by You to act on Your behalf.

7.3. You shall obtain and maintain all necessary licences and consents necessary to perform obligations under this Agreement by Oblivious, in particular providing the Services. Additionally, You shall ensure that systems and programmes used by it comply with the relevant specifications provided by Oblivious.

8. Limitation of Liability

8.1. ALL SERVICES AND PRODUCTS SHALL BE PROVIDED BY OBLIVIOUS "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, CONFIDENTIALITY OR NON-INFRINGEMENT. IN NO EVENT SHALL OBLIVIOUS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIM, DAMAGES, LOSSES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, PRODUCTS OR ANY SOFTWARE COVERED BY THE AGREEMENT. YOU EXPRESSLY AGREE TO USE THE SERVICES AT YOUR OWN RISK AND SOLELY AS PERMITTED BY THE AGREEMENT.

8.2. Except as expressly provided in the Agreement, You are solely responsible for using the Services and for results obtained from the use thereof. Oblivious shall not be liable for any damages caused by errors or omissions in any information or instruction provided to Oblivious by You in connection with the Services or any actions taken by Oblivious toward You.

8.3. Oblivious shall not be liable under or in connection with the Agreement, including, but not limited to, contractual, tort (including negligence, misrepresentation), refund or otherwise for any of the following activities related to the use of the Services or the Website, in particular, loss of profit, loss of sales or market share by the undertaking, loss of data, damage of software or information or any other indirect, punitive, incidental, special, consequential, or exemplary damages.

8.4. Unless otherwise provided by mandatory law or to the extent that any statutory rights apply that cannot be excluded, limited or waived, Oblivious does not make any other warranties or representations of any kind, whether express, implied, statutory or otherwise regarding the Services including, without limitation, in relation to the quality of the Services, their use being on an uninterrupted or error free basis, that the Services will meet Your requirements.

8.5. Oblivious shall not be liable for any damages caused by:
8.5.1. Your access and use of the Services contrary to the Agreement;
8.5.2. Unauthorised access to infrastructure, any modification, suspension or discontinuation of the Services,
8.5.3. The use or alterations of the Content or other data used in connection with the Services;
8.5.4. Content provided by other Users;
8.5.5. Any harmful code (bugs, viruses).

8.6. To the fullest extent allowed by applicable law, under no circumstances, Oblivious shall be liable to You for any amount, exceeding in the aggregate the amount of fees paid by You to Oblivious during the one-month period immediately preceding the event that gave rise to Your claim for damages.

8.7. Oblivious shall have no liability to You under the Agreement if the performance of its obligations is impossible or limited by acts, omissions or accidents beyond reasonable control of Oblivious, including, without limitation, acts of God, war, pandemic, riot, malicious damage, blackout, fire, flood, strikes provided that You are notified of such an event as soon as reasonably possible.

9. Termination of the Agreement

9.1. The provision of Services by Oblivious is indefinite, subject to the provisions set out below in this article. 

9.2. You may at any time terminate the Agreement concluded with Oblivious regarding Your Account, by submitting a statement at cancellations@oblivious.ai. The delivery of the statement will be confirmed by Oblivious. If You have Credits in Your Account purchased by You at the time of termination, Oblivious will return the Credits within 60 days from the termination of the Agreement unless agreed separately otherwise.

9.3. The termination of the Agreement regarding Your Account shall take effect at the end of the next calendar month You terminated the Agreement unless the Agreement is concluded for a specific accounting period. In this case, the Agreement will be terminated at the end of this period. After the indicated deadline, logging in to the Account and using the Services available on the Account will not be possible.

9.4. In the event of Your gross or repeated violations of the Agreement (including failure to pay the fees due), the Agreement may be terminated by Oblivious with immediate effect by sending an email with a statement of termination.

9.5. If the Agreement has been terminated on the basis of Oblivious’ decision due to Your fault, You are not entitled to re-register the Account without the prior consent of Oblivious.

10. Privacy Policy

10.1. Oblivious collects, uses and discloses information You provide or other information obtained about You in accordance with these Terms and Conditions as described in Privacy Policy.

10.2. Using the Website and the Services, You agree to the terms of Privacy Policy, which may be updated from time to time.

10.3. You warrant that You obtained all necessary consents under applicable law to disclose and use any data You provide Oblivious with.

11. Amendments

11.1. Oblivious is entitled to change these Terms and Conditions at any time with effect for the future.

11.2. Oblivious will inform You about the planned change in advance and provide You with the date on which the change to these Terms and Conditions will apply. Oblivious may amend these Terms and Conditions upon notice to You, which may be provided through e-mail, your Account and/or the Website.

11.3. If You do not agree with the presented changes, it is able to terminate the Agreement and delete the Account. If You do not terminate the Agreement and cease using the Account prior to the changes of the Terms and Conditions becoming binding, by continuing to use the Services You agree that You are consenting to any such changes.

11. Miscellaneous

12.1. Severability. In case any provision in these Terms and Conditions are invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability. The remaining provisions of these Terms and Conditions shall remain in full force.

12.2. Assignment. Oblivious may transfer or assign its rights and obligations (in whole or in part) under these Terms and Conditions without Your prior written consent, including licenses granted by You. You may not transfer or assign Your rights and obligations (in whole or in part) under these Terms and Conditions without the prior written consent of Oblivious under pain of nullity.

12.3. Entire Agreement. These Terms and Conditions together with any additional individual arrangements for the provision of Services constitute the entire and complete content of the agreement concluded between You and Oblivious. In the event of a conflict between these Terms and Conditions and a separate agreement, the latter will prevail, unless otherwise stated in the separate agreement.

12.4. No partnership. Nothing in the Agreement shall be recognised as a partnership between the parties or authorise either party to act as an agent for the other or act in the name or on behalf.

12.5. Governing Law. The Agreement is governed by and construed in accordance with the laws of the Republic of Ireland, unless otherwise provided by mandatory law.

12.6. Jurisdiction. Any disputes arising from the performance of Services and the application of these Terms and Conditions will be settled by the court competent for the seat of the Oblivious unless otherwise provided by mandatory law.

12.7. In case of any questions on these Terms and Conditions or any complaint regarding provided Services, You should contact us at support@oblivious.ai.