Terms of Service
AETROS is represented by
Marc J. Schmidt
20535 Hamburg, Germany
Before using the AETROS.com website or any services ("service") of AETROS UG ("AETROS"), please read this agreement carfully.
BY CLICKING ON „ACCEPT“ IN THE REGISTRATION FORM OR USING ANY SERVICE OF AETROS YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS ("Terms of Service").
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through such entity’s account to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the service. The service is not for persons under the age of 14 years. Persons under the age of 14 years need the authorization of their legal guardians for registration. If AETROS makes material changes to these Terms of Service, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
A) Subject of the contract
AETROS is a platform for usage of artificial neural networks. Users can upload, share, train and deploy deep neural networs through the AETROS website and “Trainer”. To train a network users can also upload training data and share this with others. All registered users can build public networks that are shared with every user. The paid accound offers private space for networks, trainings and training data.
B) Service Usage
- You get access to the externally installed software through a browser. During the term of this Agreement AETROS is bound to open the access to the services for the customer and maintain the functionality of the Services.
- You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - i.e., a single login may not be shared by multiple people - except that a machine user's actions may be directed by multiple people. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. AETROS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- AETROS reserves the right to limit the amount of data stored in free Service accounts.
- By submitting User Data to AETROS, you hereby grant AETROS a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license to analyze the User Data for purposes of operating the Service disclose User Data as may be required by law or legal process, or where AETROS determines such use or disclosure to be reasonably necessary to prevent harm to any individual or entity use, reproduce and analyze User Data internally for purposes of developing, improving and testing the Service
C) API Terms
The Service includes an application programming interface through which a user can send Calls and receive corresponding responses from the Service (the “API”). Any use of the API must be in accordance with all applicable Guidelines made available by AETROS. You may use the API to use neural network functionality provided by neural networks you have generated into a product or service offering, provided that:
- you own substantially all other intellectual property rights in and to such product or service, other than off-the-shelf hardware and software components
- the product or service offering is made available under your branding
- the neural network functionality is a non-separable component of such product or service and the functionality constitutes a minority of the overall features and functionality provided by such product or service.
You are solely responsible at all times for any activities occurring through the API through a key or identifier issued to you by AETROS (“API Key”), and you agree not to share such key or identifier with any third party. Abuse or excessively frequent requests to AETROS via the API may result in the temporary or permanent suspension of your account's access to the API. AETROS, in its sole discretion, will determine abuse or excessive usage of the API. AETROS will make a reasonable attempt via email to warn the account owner prior to suspension.
- AETROS reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
D) Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile, your private tagged neural networks and your private tagged training data remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content. By setting your networks to be viewed publicly, you agree to allow others to view and use your networks.
- AETROS and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
E) Availability (SLA)
- Free Service: To the extent you use a free Service account, AETROS makes no representation or warranty to you of any kind regarding the availability of the Service and Section E.2 does not apply.
Paid Service: AETROS is obliged in accordance with the following provisions for repairing faults in the services underlying software. The services are provided operable once AETROS has informed the customer about the activation.
- AETROS provides the customer access to services during the system runtime. The basic system runtime is 24 hours / day, 365 days / year. The availability is the results from the system runtime less normal maintenance periods and downtimes for which AETROS is not responsible in accordance with the arrangements in point 2.6.
- The customer can contact AETROS via email at the address email@example.com. A Troubleshooting by AETROS can be done through a letter, telephonic or electronic handling instruction, as it is reasonable for the customer.
- The support is open weekdays (decisive for holidays are the provisions of the state of Hamburg, Germany) (European time CET / CEST) available from 09:00am until 5:00pm. Additionally AETROS monitors every day for 24 hours the operability of the software to initiate the elimination of failures. AETROS will endeavor to resolve any malfunction promptly.
- AETROS has the right to interrupt the availability at any time to adapt, change and supplement their services.
- AETROS will strive to adapt, change or addition of services to carry out as quickly as possible, provided that this results in a temporary interruption or impairment of the availability of services.
AETROS is not responsible for the following faults, interruptions or other deviations from the agreed quality of service:
- its cause outside of the AETROS deliverables under this contract (in particular in terms of software or IT systems, AETROS is not responsible for their support);
- based on operational errors by users or service providers acting on behalf of the client. In these cases AETROS will nevertheless work together with the customer to remedy the disruption and to avoid similar errors in the future;
- arise due to a force majeure event. Unless AETROS is affected by a force majeure event, AETROS informs the customer immediately thereof with respect to (within three business days) specifying the date on which the force majeure event occurs or has occurred, and a reasonable estimation of the termination of the interruption due to force majeure. In case that a force majeure event continues for a period of three consecutive months, the customer has the right to terminate this contract with immediate effect. Further claims - such as damages - are excluded.
- Impairment of availability generated by third maintenance companies won’t be interpreted as downtime.
- By signing up for a paid Service account and providing your payment information, you agree to pay us the recurring and/or nonrecurring fees as displayed to you at the time you create your account and as may be modified from time to time as described in this Agreement, as well as any other fees you expressly choose to incur in connection with your use of the Service. If you upgrade your account type, you will be charged the price difference on a pro-rated basis for then then-current billing period. If you downgrade your account, the downgrade will take effect at the start of the next billing period. You acknowledge and agree that the payment instrument provided by you will be automatically charged the fees you incur in connection with your use of the Service, and represent and warrant that you have all necessary rights relating to such payment instrument to authorize AETROS to make such charges. Your use of the Service may be suspended if we are unable to charge such payment instrument for any reason or if your account is otherwise past due. Recurring fees shall be charged on each applicable anniversary (e.g., monthly, quarterly, etc.) of the date of your account creation. The fees applicable to your account may be subject to modification from time to time pursuant to notice (which may be given via e-mail) provided by us at least fifteen (15) days in advance of the payment date for which the modification would be effective. Your continued use of the Service following such notice and through the payment date constitutes your agreement to such modified fees. You may at any time cancel your account as set forth below if you do not agree to any modified fees. All fees must be paid in EURO and are non-refundable.
- Acquired credits for the server usage that has used for calculations without results because of abort due to incorrect use of the system by the user will not be refunded by AETROS.
G) Limitation of Liability
- AETROS is liable without limitation:
- with intent or gross negligence,
- for injury to life, body or health,
- accordance with the provisions of the German Product Liability Act.
- AETROS is not liable for only slightly negligent violations non-essential contractual obligations (cardinal obligations). The breach of a cardinal obligation exists if a contractual obligation is not completed, the fulfillment of which renders a correct execution of the contract and on whose compliance the customer may trust regularly. In this case the liability is limited to compensation for the foreseeable, typically occurring damage.
- AETROS is not liable for lost profits, lost savings, indirect or consequential damages.
- The liability of AETROS for data loss is limited to the usual cost of restoration that would have occurred with regular and reasonable risks making backup copies.
- The above provisions also apply to the employees and agents of AETROS.
AETROS does not warrant that
- the service will meet your specific requirements,
- the service will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from the use of the service will be accurate or reliable,
- the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
- any errors in the Service will be corrected.
You expressly understand and agree that AETROS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AETROS has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third-party on the service;
- or any other matter relating to the service.
- The failure of AETROS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
- You acknowledges that the service is not designed or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or air traffic control, weapons systems, life-support machines, or any other application in which error or failure could lead to death, personal injury, or severe physical or property damage or environmental damage (collectively, “high risk activities”). AETROS expressly disclaims any express or implied guarantee of fitness for such high risk activities.
- You agree to indemnify and hold AETROS and its affiliated companies, and each of their directors, officers and employees, harmless from any claims, suits, proceedings, damages, losses, liabilities, settlements, costs and expenses, including reasonable attorneys fees, arising out of or relating to your use or misuse of the service (including any use in connection with any High Risk Activities), breach of this Agreement or infringement or violation of the intellectual property rights, privacy rights or other rights of any third person or entity. AETROS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
- Under no circumstances, including but not limited to negligence, shall AETROS or its affiliates, or any of their officers, directors or employees, be liable to you for any special, indirect, incidental, consequential or exemplary damages relating to this agreement (including your use of or inability to use the service or any other interactions with AETROS relating to this agreement), even if AETROS or a AETROS representative has been advised of the possibility of such damages. In no event shall AETROS or its affiliates, or any of their officers, directors or employees, have liability to you for any damages of any kind relating to this agreement (including your use of or inability to use the service or any other interactions with AETROS relating to this agreement) exceeding the greater of fifty EUROS and the total amounts paid by you to AETROS hereunder during the twelve month period preceding the date of the claim. The foregoing exclusions and limitations of liability shall apply regardless of the legal theory under which damages are sought (e.g., whether in contract, tort or otherwise) and regardless of the failure of essential purpose of any limited remedy provided for herein.
H) Cancelation and Termination
- If you use a free Service account, this Agreement continues until terminated, and either you or AETROS may terminate this Agreement for any reason or for no reason. You may effectuate such termination by notifying AETROS at Support@aetros.com that you wish to terminate your user account. AETROS may effectuate such termination by written notice to you and/or by terminating your user account.
- If you use a paid Service account:
- this Agreement continues until terminated;
- either you or AETROS may terminate this Agreement for any reason or for no reason upon sixty (60) days prior written notice;
- you may terminate in accordance with Section E.2 upon the happening of the conditions stated in that subsection;
- AETROS may terminate this Agreement immediately in the event of your breach of this Agreement, in the event you cease to conduct business, become insolvent or become subject to bankruptcy or similar proceedings, or in the event AETROS determines that continuing to provide the Service to you could expose AETROS to regulatory or other legal action.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
I) General Conditions
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Support for AETROS services is available only in German and English language, via email.
- You understand that AETROS uses third-party vendors and hosting partners to provide the necessary hardware, software, network, storage, and related technology required to run the Service.
- You consent to receive communication from AETROS electronically. We will communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by AETROS.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any AETROS customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve transmissions over various networks changes to conform and adapt to technical requirements of connecting networks or devices
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by AETROS) of other AETROS customers, we reserve the right to immediately disable your account or throttle your usage until you can reduce your bandwidth consumption.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- AETROS is entitled to integrate open source software in the product, as long as no additional licensing costs or restrictions of use for the customer occur.
J) Final Provisions
- The Terms of Service constitute the entire agreement between you and AETROS and govern your use of the Service, superseding any prior agreements between you and AETROS (including, but not limited to, any prior versions of the Terms of Service).
- Changes and additions to this agreement must be declared written form to be legally. This is especially true for the repeal of this clause. Oral or written side agreements were not taken.
- Offsetting against the compensation owed by the user under this Agreement, the user can only explain with recognized or legally valid claims.
- Notwithstanding the provisions of § 354a HGB (German Commercial Code) the customer is not permitted to assign claims, which are entitled under the contract against AETROS.
- AETROS is allowed to operate with third parties and subcontractors to fulfill its contractual obligations.
- AETROS may change the provisions of the agreement at any time with effect for the future. AETROS will inform the customer in a timely manner about a change in the contractual relationship. If the customer does not contradict the new regulations within one month after receipt of the notification, the provisions of the contract shall be deemed accepted. AETROS will inform the user in the notification about the right to object and the significance of the opposition period. If the customer contradict the provisions relating to the contractual relationship, AETROS is entitled to terminate the contract with a period of fourteen days.
- If individual provisions of the agreement are invalid, the validity of the framework contract and / or specific contracts, moreover, remains unaffected. Invalid provisions shall be replaced by mutual agreement, those are the most appropriate to achieve the desired economic purpose, taking into account the interests of both parties. The same applies to the filling of gaps that arise in the application of this agreement.
- This agreement will be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention and the conflicts of law rules. Exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement is the Headquarter of AETROS: Hamburg, Germany.