1. Your relationship with Otopilote
1.1 Your use of Otopilote's products, software, services and websites (referred to collectively as the "Services") is subject to the terms of a legal agreement between you and Otopilote. "Otopilote" means Otopilote, whose principal place of business is in Bucharest, Romania. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 These Terms of Service form a legally binding agreement between you and Otopilote in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to below as the "Terms".
1.3 Unless otherwise agreed in writing with Otopilote, your agreement with Otopilote will always include, at a minimum, these Terms, the Privacy Policy and our GDPR commitments.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
- (A) clicking to accept or agree to the Terms, where this option is made available to you by Otopilote in the user interface for any Service; or
- (B) by actually using the Services. In this case, you understand and agree that Otopilote will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Otopilote, or (b) you are a person barred from receiving the Services under the laws of the European Union or other countries including the country in which you are resident or from which you use the Services.
2.4 If you are accepting the Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to the Terms.
2.5 Before you continue, you should print off or save a local copy of the Terms for your records.
3. Language of the Terms
3.1 Where Otopilote has provided you with a translation of the English language version of the Terms, you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with Otopilote.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Otopilote
4.1 Otopilote is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Otopilote provides may change from time to time without prior notice to you.
4.2 As part of this continuing innovation, you acknowledge and agree that Otopilote may stop (permanently or temporarily) providing the Services, or any features within the Services, to you or to users generally. Where a change materially reduces core functionality of a paid plan, Otopilote will use reasonable efforts to give you advance notice.
4.3 You acknowledge and agree that Otopilote may make available features that depend on third-party providers, including hosting, video encoding and delivery, email delivery and payment processing, and that the availability of those features may be affected by those providers.
5. Use of the Services by you
5.1 You agree to use the Services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practice in the relevant jurisdictions.
5.2 You agree that you will not, and will not permit any third party to:
- (A) access the Services by any means other than through the interfaces provided;
- (B) engage in any activity that interferes with or disrupts the Services, or the servers and networks which provide the Services;
- (C) reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, unless you have been specifically allowed to do so in a separate written agreement with Otopilote;
- (D) reverse engineer, decompile or attempt to extract the source code of the Services, except to the extent such restriction is prohibited by law;
- (E) upload or distribute malicious code, unsolicited commercial communications, or content that is unlawful, infringing, deceptive or harmful;
- (F) record or publish demos containing personal data of third parties without a valid legal basis and any required consents.
5.3 You agree that you are solely responsible for, and that Otopilote has no responsibility to you or to any third party for, any breach of your obligations under the Terms and for the consequences of any such breach.
6. Billing and payment
6.1 Certain Services are provided on a paid subscription basis. Fees for paid plans are billed in advance on a monthly or annual cycle and are non-refundable except where required by law or expressly stated by Otopilote in writing.
6.2 Subscriptions renew automatically for successive periods of the same length until cancelled. You may cancel at any time from your account settings; cancellation takes effect at the end of the then-current billing period.
6.3 All fees are exclusive of taxes, levies and duties, which Otopilote will charge in addition where applicable. You are responsible for providing valid billing information and for any bank or currency conversion charges.
6.4 If a payment fails, Otopilote may retry the charge and, after notice to you, suspend access to paid features until the outstanding amount is settled.
6.5 Otopilote may change its prices. Price changes take effect at the start of your next billing period following at least 30 days' notice.
6.6 Free trials and free plans are provided at Otopilote's discretion and may be modified or withdrawn at any time.
7. Your passwords and account security
7.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
7.2 Accordingly, you agree that you will be solely responsible to Otopilote for all activities that occur under your account, including activities of users you invite to your workspace.
7.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify Otopilote immediately at legal@otopilote.com.
8. Privacy and your personal information
8.1 For information about Otopilote's data protection practices, please read the Privacy Policy. This policy explains how Otopilote treats your personal information and protects your privacy when you use the Services.
8.2 You agree to the use of your data in accordance with Otopilote's privacy policies. Where Otopilote processes personal data on your behalf, our Data Processing Agreement applies.
9. Content in the Services
9.1 You understand that all information (such as recordings, video files, screenshots, data files, written text, computer software, images or other content) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from whom such content originated.
9.2 You should be aware that content presented to you as part of the Services may be protected by intellectual property rights which are owned by the parties that provide that content. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content unless you have been specifically told that you may do so.
9.3 Otopilote reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service where that content breaches these Terms or applicable law.
9.4 You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that you use the Services at your own risk in this respect.
10. Proprietary rights
10.1 You acknowledge and agree that Otopilote (or Otopilote's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services, whether those rights are registered or not.
10.2 Unless you have agreed otherwise in writing with Otopilote, nothing in the Terms gives you a right to use any of Otopilote's trade names, trade marks, service marks, logos, domain names or other distinctive brand features.
10.3 If you submit feedback, comments or suggestions regarding the Services, Otopilote may use them without restriction and without obligation to you.
11. Publicity
11.1 You grant Otopilote the right to identify you as a customer and to use your company name and logo on Otopilote's website and marketing materials, unless you notify us at legal@otopilote.com that you do not wish this.
12. License from Otopilote
12.1 Otopilote gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Otopilote, in the manner permitted by the Terms.
12.2 You may not assign or sublicense your rights to receive the Services, or grant a security interest in or over them, without Otopilote's prior written consent.
13. License from you
13.1 You retain copyright and any other rights you already hold in content which you submit, post or display on or through the Services ("Your Content").
13.2 By submitting Your Content, you give Otopilote a worldwide, royalty-free, non-exclusive license to host, store, reproduce, transcode, adapt, transmit, publish and display Your Content solely for the limited purpose of operating, providing and improving the Services for you, and of publishing demos to the audiences you choose.
13.3 Otopilote does not use Your Content to train general-purpose artificial intelligence models, and does not sell Your Content.
13.4 You confirm and warrant to Otopilote that you have all the rights, power and authority necessary to grant the above license.
14. Software updates
14.1 The software which you use may automatically download and install updates from Otopilote from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates as part of your use of the Services.
15. Ending your relationship with Otopilote
15.1 The Terms will continue to apply until terminated by either you or Otopilote as set out below.
15.2 If you want to terminate your legal agreement with Otopilote, you may do so by closing your account and ceasing your use of the Services.
15.3 Otopilote may at any time terminate its legal agreement with you if:
- (A) you have breached any provision of the Terms and, where the breach is capable of being cured, have failed to cure it within 14 days of notice; or
- (B) Otopilote is required to do so by law; or
- (C) your use of the Services is unlawful or exposes Otopilote or its users to material security, legal or reputational risk, in which case suspension or termination may be immediate.
15.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Otopilote have benefited from, been subject to, or which have accrued over time whilst the Terms have been in force, shall be unaffected by this cessation. Your Content will be deleted or returned in accordance with the Privacy Policy.
16. EXCLUSION OF WARRANTIES
16.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OTOPILOTE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
16.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
16.3 IN PARTICULAR, OTOPILOTE DOES NOT REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU WILL BE CORRECTED.
16.4 NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS.
17. LIMITATION OF LIABILITY
17.1 SUBJECT TO SECTION 16.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT OTOPILOTE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING ANY LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
17.2 SUBJECT TO SECTION 16.1 ABOVE, OTOPILOTE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO OTOPILOTE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED EURO (EUR 100) WHERE YOU USE THE SERVICES ON A FREE PLAN.
18. Indemnification
18.1 You agree to defend, indemnify and hold harmless Otopilote and its officers, employees and agents from and against any third-party claims, damages, liabilities and expenses arising from Your Content or your use of the Services in breach of the Terms or applicable law.
18.2 Otopilote will defend you against third-party claims alleging that the Services, as provided by Otopilote and used in accordance with the Terms, infringe that third party's intellectual property rights, provided you notify us promptly and allow us to control the defence and settlement.
19. Copyright policy
19.1 Otopilote responds to notices of alleged copyright infringement. If you believe content hosted on the Services infringes your copyright, send a notice identifying the work, the material, your contact details and a statement of good-faith belief to legal@otopilote.com. Otopilote may remove content and terminate repeat infringers.
20. Other content
20.1 The Services may include hyperlinks to other websites, content or resources, and may integrate with third-party services at your direction. Otopilote has no control over those websites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
21. Changes to the Terms
21.1 Otopilote may make changes to the Terms from time to time. When these changes are made, Otopilote will make a new copy of the Terms available on this page.
21.2 For material changes, Otopilote will provide at least 30 days' notice by email or in-app notification. You understand and agree that if you use the Services after the date on which the Terms have changed, Otopilote will treat your use as acceptance of the updated Terms.
22. General legal terms
22.1 The Terms constitute the whole legal agreement between you and Otopilote and govern your use of the Services, completely replacing any prior agreements between you and Otopilote in relation to the Services.
22.2 You agree that Otopilote may provide you with notices, including those regarding changes to the Terms, by email, regular mail or postings within the Services.
22.3 You agree that if Otopilote does not exercise or enforce any legal right or remedy contained in the Terms, this will not be taken to be a formal waiver of Otopilote's rights and that those rights or remedies will still be available to Otopilote.
22.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions will continue to be valid and enforceable.
22.5 Neither party may assign the Terms without the other's written consent, except that Otopilote may assign the Terms to an affiliate or in connection with a merger, acquisition or sale of assets.
22.6 Neither party is liable for failure or delay in performance caused by events beyond its reasonable control.
22.7 The Terms, and your relationship with Otopilote under the Terms, shall be governed by the laws of Romania. You and Otopilote agree to submit to the exclusive jurisdiction of the courts located in Bucharest, Romania to resolve any legal matter arising from the Terms. Nothing in this section affects mandatory consumer protection rights available to you where you live.
22.8 Questions about these Terms may be sent to legal@otopilote.com.