TERMS OF SERVICE

Welcome to the Optiverse AG website. Before you proceed, please take a moment to review our Website terms of use ("Terms"). These Terms outline the conditions governing your use of our website, www.home.optiverse.ai (“Website”). It's essential to read and understand these Terms thoroughly.

Your acceptance of these Terms, indicating your agreement to comply with and be bound by them, is presumed upon your initial use of the Website. If you do not agree to adhere to these Terms, we kindly ask you to discontinue your use of the website.

Thank you for your attention and cooperation.

Definitions

In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on or forms part of the Website; and

“Optiverse/we/us”

means Optiverse AG, a company registered in Switzerland whose address is Clausiusstrasse 16, 8006 Zürich

Information About Us

The website, www.home.optiverse.ai, is owned and operated by Optiverse AG.

Access to the Website

Access to the Optiverse AG website is free of charge. It is your responsibility to arrange any necessary means to access the website.

Access to the website is provided "as is" and on an "as available" basis. We reserve the right to modify, suspend, or terminate the website (or any part of it) at any time and without prior notice. Optiverse AG will not be held liable to you in any manner if the website (or any part of it) is unavailable at any time or for any duration.

Intellectual Property Rights

All Content included on the Website and the copyright, trademarks and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Optiverse AG. All Content is protected by applicable Swiss and international intellectual property laws and treaties.

In the case where the user is using the service solely for content creation. The user can own videos generated by our service upon explicit specification and our written agreement.

Feedback. If you choose to provide us with input and suggestions regarding the Service (“Feedback”), then you agree that we may use and exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services, without compensation to you.

Content Use Restrictions

You acknowledge and agree that all content on the Optiverse AG platform is the intellectual property of Optiverse AG or its licensors. By utilizing the platform, you are granted a non-exclusive, non-transferable license to access and utilize the content solely for your personal, non-commercial purposes. You are expressly prohibited from utilizing the content for any purpose other than its intended use on the platform, including, but not limited to:

• Reproducing the content in any format.

• Extracting content through automated means: You may not use automated tools such as bots, spiders, or scrapers to access, collect, or copy any content, data, or information from Optiverse AG.

• Developing AI or Machine Learning: You may not use the content for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system.

Unless stipulated otherwise by the applicable mandatory law, you may not reproduce, distribute, sell, rent, sublicense, store, or in any other manner re-use content from the website, unless given express written permission to do so by Optiverse AG.

Consequence of Violation

You acknowledge and agree that any violation of these Content Use Restrictions may result in, at Optiverse AG's sole discretion, any or all of the following:

• Immediate termination of your access to and use of the platform.

• Legal action to recover damages and obtain injunctive relief for any such violation, all at your sole cost and expense.

CONTENT PROVIDED BY YOU AND OTHER USERS

User Content:

“User Content” is defined as any content, information, and materials that may be textual, audio, or visual that you provide, submit, upload, publish, or make otherwise available to the Services and other users. You are the only one who is in charge of User Content. You agree that you are the only one responsible for the User Content you send, transmit, display, or upload while using the Services. You are also responsible for following all laws that apply to the User Content, including, but not limited to, any laws that require you to get permission from a third party to use the User Content and to give proper notices of third-party rights. You promise and guarantee that you have the right to upload the User Content to the Services and that doing so does not violate or infringe on the rights of any third party. Under no circumstances will Optiverse be responsible for (a) User Content that is sent or viewed while using the Services, (b) errors or omissions in the User Content, or (c) any loss or damage of any kind caused by the authorized use of, access to, or denial of access to User Content. Optiverse isn't responsible for any User Content, but it has the right to delete any User Content at any time without notice if it breaks any of the rules in this agreement or the law. You keep the right to copy User Content and any other rights you already have. Optiverse is a passive conduit for your online distribution and publication of your User Content. You acknowledge and agree that Optiverse:

● Is not involved in the creation or development of User Content.

● Disclaims any responsibility for User Content.

● Cannot be liable for claims arising out of or relating to User Content.

● Is not obligated to monitor, review, or remove User Content, but reserves the right to limit or remove User Content on the Services at its sole discretion.

You hereby represent and warrant to Optiverse that your User Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (iii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (iv) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vi) will not facilitate human trafficking; (vii) will not support terrorism or terrorist organizations; (viii) will not be fraudulent, false or misleading; (ix) will not be defamatory, harassing, threatening or abusive, which includes any activity that reflects hatred against others based on race, religion, ethnicity, national origin, gender or sexual orientation; (x) will not send unauthorized messages, advertising or spam, including unsolicited promotional or commercial content or other mass solicitation materials; (xi) will not misrepresent your identity or affiliation with any entity or organization, or impersonate any other person; (xii) will not harvest, collect or gather user data without consents; (xiii) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (xiv) will not represent you being employed or directly engaged by or affiliated with Optiverse or purport you to act as a representative or agent of Optiverse; and (xv) will not create liability for Optiverse or cause Optiverse to lose (in whole or in part) the services of its ISPs or other suppliers. You are responsible for compliance with all recording laws. You may choose to record certain meetings in Optiverse . By using the Services, you are giving Optiverse consent to store recordings for any or all Optiverse meetings or webinars that you join, if such recordings are stored in Optiverse ’ systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting.

Deletion of Your Content

We strive to provide you with maximum control over your User Content. Upon your request for the deletion of any or all of your User Content, we will make every effort to promptly and permanently remove it from our Services. However, please note the following:

• It may take some time for us to remove your User Content from the Service, during which time it may remain accessible or visible to other users.

• Copies of your User Content may persist in our backup servers.

When you uninstall or otherwise remove the Service from your device, we will permanently delete your User Content and any other data provided by you to us, unless we have your consent to retain it.

Your Content Control: If you wish to delete your content from Optiverse AG, kindly inform us, and we will do our utmost to assist you.

Your Warranties:

By providing User Content via the Service, you represent and warrant to us that:

• You own your User Content, or have the necessary licenses, rights, and consents to grant the licenses to your User Content under these Terms.

• Your User Content, and its use in accordance with these Terms, does not and will not infringe, violate, or misappropriate any third-party right, including any intellectual property rights.

• Your User Content could not be deemed by a reasonable person to be objectionable, unlawful, or inappropriate.

We respect intellectual property and other laws and ask that you provide content in a manner that respects others' rights.

Our Disclaimer; Your Waiver:

You are responsible for your User Content, and we will not be liable for any User Content. By using the Service, you waive any legal or equitable right or remedy against us concerning User Content.

Monitoring:

We do not tolerate copyright infringement on the Service. While we are not obligated to monitor User Content, we reserve the right to screen, edit, or remove any User Content at any time. We may also monitor User Content as necessary. However, we assume no responsibility or liability for such content or its use.

Copyright Compliance:

Optiverse AG is committed to upholding copyright laws and protecting intellectual property rights. If you have any concerns or complaints regarding copyright infringement or intellectual property rights, please contact our designated agent at:

Optiverse AG: Legal Department (Copyright Notification)

Clausiusstrasse 16, 8006 Zürich,

Switzerland Email: copyright@optiverse.ai

Please ensure that any complaint includes specific information relevant to the alleged infringement, as outlined by applicable Swiss copyright laws and regulations. We will promptly review and address all valid complaints in accordance with Swiss legal requirements (or international depending on the case).

Disclaimers

Nothing on the Website constitutes advice on which you should rely. It is provided for general information purposes only.

To the extent permitted by applicable law, we make no representation, warranty, or guarantee that the Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

We make reasonable efforts to ensure that the Content on the Website is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

Liability

To the extent permitted by applicable law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any Content included on the Website.

To the extent permitted by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any Content included on the Website.

We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any Content from it) or any other site referred to on the Website.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Third-Party Terms

Third-Party Services:

Optiverse AG may offer tools within the Service allowing you to export information, such as User Content, to third-party services. This includes features enabling you to link to third-party service accounts like Slack or utilize third-party buttons such as "like" or "share" buttons. By utilizing these tools, you consent to the transfer of such information to the respective third-party service. Please note that third-party services operate independently from Optiverse AG, and to the extent permitted by law, we disclaim responsibility for any use of your exported information by third-party services.

Third-Party Software:

The Service may incorporate third-party software components, known as Third-Party Components, which are typically available under licenses allowing recipients broad rights to copy, modify, and distribute those components. While the Service is provided to you under these Terms, nothing herein restricts your ability to obtain Third-Party Components under their respective third-party licenses or limits your usage of such components as permitted by those licenses.

Changes to these Terms

We may alter these Terms at any time. Any such changes will become binding on you upon your first use of the Website after the changes have been implemented. You are therefore advised to check this Website from time to time.

In the event of any conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

SERVICE CHANGES

Optiverse AG reserves the right to make modifications to or discontinue the Service, whether temporarily or permanently, at any time. This includes the option to limit or terminate certain features of the Service. In the event of deactivation or termination of the Service, we will provide notification. Optiverse AG shall bear no liability for any alterations made to the Service or for any suspension or termination of your access to or utilization of the Service.

DURATION & TERMINATION

These Terms become effective upon your acceptance of them or upon your initial download, installation, access, or use of the Service, and remain in effect until terminated as outlined below. Should you breach any provision of these Terms, your access to the Service and acceptance of these Terms will terminate automatically. Furthermore, Optiverse AG reserves the right to terminate these Terms, suspend, or terminate your access to the Service at any time, with or without notice, for any reason or no reason. You also have the option to terminate these Terms by contacting us at help@optiverse.ai at any time.

EFFECT OF TERMINATION

Upon termination of these Terms:

• Your rights granted by Optiverse AG will cease, and you must immediately discontinue the use of the Service.

• Any outstanding unpaid amounts owed to Optiverse AG prior to termination must be settled.

• All payment obligations accrued before termination will continue in effect following termination.

INDEMNIFICATION

To the maximum extent permitted by law, you are accountable for your utilization of the Service, and you shall defend, indemnify, and hold harmless Optiverse AG, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (collectively referred to as the “Optiverse Entities”) from and against any claim asserted by a third party, as well as any associated liability, damage, loss, and expense, including legal fees and costs, arising from or related to: (a) your unauthorized use or misuse of the Service; (b) your breach of these Terms or any applicable law or regulation; (c) your infringement of any third-party rights, including but not limited to intellectual property rights, publicity rights, confidentiality, other proprietary rights, or privacy rights; or (d) any disagreement or matter between you and a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without relieving you of your indemnification obligations concerning that matter), and in such case, you agree to cooperate with our defense of such claims.

WARRANTY DISCLAIMER

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR OPTIVERSE AG ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE OPTIVERSE AG ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALINGS WITH ANY OTHER USER OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. We do not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.

Cookies

Please refer to our Cookie Policy.

Data Protection

Please refer to our Privacy Policy.

Law and Jurisdiction

These Terms shall be governed by and construed in accordance with Swiss law (to the exclusion of Swiss Private International Law and international treaties, in particular the Vienna Convention on the International Sale of Goods dated April 11, 1980).

Any disputes concerning these Terms shall be subject to the jurisdiction of the competent courts at the domicile of Optiverse AG.

Contacting Us

To contact us, please email us at contact@optiverse.ai or using any of the methods provided on the contact page.