Effective Date: December 24, 2024
Last Updated: December 24, 2024
This Terms of Service is a contract entered into by and between You ("you" or "User") and Agentscape AG ("SmartAudit," "We," or "us") and our affiliates, to the extent expressly stated. These terms and conditions (together with our Privacy Policy, these "Terms of Service" or "Terms") govern your access to and use of our website, web application and any software, application, content, functionality, and services (collectively, the "Services") offered by SmartAudit, whether as a guest or registered user.
Please read these Terms of Service carefully before you start to use or access our Services. By using our Services, you accept and agree to be bound and abide by these Terms. If you are not eligible or do not agree to these Terms of Service, then you do not have permission to use the Service and you must not access or use our Services.
ARBITRATION NOTICE.
Except for certain kinds of disputes described in Section 18, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND SMARTAUDIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The Website and Services are intended for users 18 and older. By accessing or using the Services, You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Terms of Service and to use the Services in accordance with these Terms.
We may revise and update these Terms of Service from time to time in our sole discretion by posting a revised version on the Website. All changes are effective immediately when we post them. SmartAudit may provide reasonable notice of any material changes, determined at our sole discretion, by posting the updated Terms of Service on the Website. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms.
SmartAudit is an AI-powered compliance automation platform that helps organizations ensure adherence to various regulatory standards including GDPR, CCPA, HIPAA, and other data protection regulations. Our platform analyzes codebases, generates compliance reports, and provides actionable recommendations to maintain regulatory compliance.
You may register for an SmartAudit user account ("Account"). In order to register an Account, you will be required to provide certain information including but not limited to your name, email address, and organization details. You are responsible for maintaining the security and confidentiality of your Account information.
You agree that you are solely responsible for any and all losses incurred by us or any other user or visitor to the Services due to someone else using your Account as a result of your failing to keep your account information secure and confidential.
You are responsible and liable for all uses of the Services resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. You shall use reasonable efforts to make all Authorized Users aware of this Agreement's provisions and shall cause Authorized Users to comply with such provisions.
You may use our Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:
Additionally, you agree not to:
Our Services use artificial intelligence powered by various AI providers. When using our Services, you agree to abide by the applicable usage policies and terms of service of these AI providers, and you agree not to use SmartAudit in any way that is prohibited by these model providers, including but not limited to illegal activity, generation of harmful content, fraudulent activity, or violation of privacy rights.
Any violation of these Terms of Service shall result in immediate account termination without prior warning to you and without refund applied to your Account. We may choose to suspend or terminate your Account or ability to access or use the Services at any time, for any or no reason, at our sole discretion.
You may terminate these Terms at any time by deleting your Account and discontinuing your use of all Services. Upon termination, your license rights will terminate and you must immediately cease all use of the Service.
Your use of the Services may involve the transmission of your personal information to us. Our policies regarding the collection, use, disclosure, and protection of such personal information are governed according to our Privacy Policy. Please read the SmartAudit Privacy Policy carefully as it is incorporated by reference into these Terms.
The Services and its entire contents, features, and functionality are owned by Agentscape AG, its licensors, or other providers of such material and are protected by intellectual property laws.
SmartAudit hereby grants you a non-exclusive, non-transferable, limited, revocable license to access and use the Service solely for your internal business operations as set forth in these Terms of Service.
"User Content" refers to any information, data, code, or content that you upload, post, input, or submit while using the Service, including source code for compliance analysis.
Your proprietary code and data remain confidential with SmartAudit. We treat your User Content as confidential information and adhere to rigorous privacy policies to guarantee the safety and confidentiality of your code and data.
SmartAudit will use your User Content to generate compliance analysis, reports, and recommendations ("Output"). You retain ownership of your User Content, and we assign to you our rights in the Output generated from your specific User Content.
The Service may include subscription-based plans with automatically recurring payments. All Subscriptions are payable in accordance with payment terms in effect at the time the subscription becomes payable.
Billing Cycles are set on a monthly or annual basis. Your Subscription will automatically renew unless you cancel before the renewal date.
SmartAudit may modify Subscription fees at any time, with changes becoming effective at the end of the current Billing Cycle. Refunds may be issued at SmartAudit's discretion.
WE PROVIDE THE SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SMARTAUDIT USES ARTIFICIAL INTELLIGENCE TO PROVIDE COMPLIANCE ANALYSIS. YOU ACKNOWLEDGE THAT THE TECHNOLOGY IS EXPERIMENTAL AND MAY PROVIDE RESULTS THAT CONTAIN ERRORS OR OMISSIONS. YOU RELY UPON THE OUTPUTS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SMARTAUDIT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SERVICES.
SMARTAUDIT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU HAVE PAID SMARTAUDIT IN THE LAST SIX (6) MONTHS, OR (b) ONE HUNDRED EUROS (€100).
These Terms of Service and any claim arising out of these Terms will be governed by and construed in accordance with the laws of Germany. Any disputes shall be subject to the exclusive jurisdiction of the courts in Berlin, Germany.
For questions or concerns related to these Terms, please contact us at: support@agentscape.de
This Terms of Service constitutes the sole and entire agreement between you and Agentscape AG regarding SmartAudit and supersedes all prior agreements and understandings.