Terms of Service
1. Service Description
gotoHuman ("Service") offered by Qiboo Tech UG (haftungsbeschränkt) ("Company") is a Software as a Service (SaaS) platform that facilitates the integration of human oversight within artificial intelligence (AI) applications. The Service allows applications to escalate tasks to designated human supervisors as deemed necessary, thereby enhancing the reliability and operational effectiveness of AI functionalities. Users can utilize a straightforward application programming interface (API) to solicit human input, obtain necessary approvals, and validate outcomes. Furthermore, gotoHuman offers a web-based application designed for supervisors to efficiently manage, monitor, and respond to such requests.
Our service is targeted solely at business customers and not at consumers. A consumer within the meaning of these Terms of Service is any natural person who enters into a legal transaction for a purpose that is predominantly outside his trade, business or profession. By using the service, the customer declares that they act as a business and not a consumer. The use of the service by consumers is not permitted.
2. User Accounts
Account Security Responsibilities
Users are responsible for maintaining the confidentiality of their login credentials, including their password and any other authentication information. It is crucial that users choose strong, secure passwords and take appropriate measures to prevent unauthorized access to their accounts. Users are accountable for all activities that occur under their accounts, including any actions that may impact client-side systems or other integrated services. In the event of a suspected or confirmed security breach, users must immediately change their password and notify us of the incident.
We take security seriously and will investigate any suspected breaches promptly. Upon identifying a security issue, we will take appropriate actions and inform affected users as necessary. Despite our efforts, users are ultimately responsible for the security of their accounts and any consequences resulting from unauthorized access. Our company is not liable for any losses or damages arising from users’ failure to maintain the confidentiality and security of their login credentials. By using our service, users agree to adhere to these account security responsibilities.
Eligibility Criteria
To be eligible to use our service, you must be at least 18 years old and a business customer as stated under section 1. Additionally, you must not have been previously banned from using our service. Accounts should not be shared across individuals. By registering for an account, you confirm that you meet these eligibility criteria and agree to abide by all terms and conditions set forth herein.
3. User Obligations and Responsibilities
Compliance with laws and regulations
Users agree to comply with all applicable local, state, national, and international laws and regulations in connection with their use of our service. Users are solely responsible for ensuring that their use of the service is in compliance with all relevant laws and regulations.
Prohibited activities
Users are prohibited from engaging in the following activities while using our service:
1. Illegal Activities: Engaging in any activity that is unlawful, illegal, or promotes illegal activities.
2. Harmful Activities: Uploading, posting, or otherwise transmitting any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
3. Security Violations: Attempting to probe, scan, or test the vulnerability of our or any other system or network, or breach any security or authentication measures.
4. Spamming: Sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
5. Malware Distribution: Uploading, posting, or otherwise transmitting any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
6. Impersonation: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
7. Content Manipulation: Manipulating identifiers in order to disguise the origin of any content transmitted through the service.
8. Unauthorized Access: Accessing or using the service for any purpose other than that for which we make the service available.
9. Reverse engineer, decompile, or disassemble any portion of the service, or otherwise attempt to discover the source code of the service.
10. Modify, adapt, translate, or create derivative works based on the service.
11. Use the service to infringe the rights of any third party, including intellectual property, privacy, and publicity rights.
12. Access or use the service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas, incl. creating multiple accounts.
13. Access, search or create accounts for our services by any means other than our publicly offered interfaces (for example, “scraping” or creating accounts in bulk).
User Content and Data
Users are solely responsible for any data, text, images, videos, audio, or other content that they upload, submit, or otherwise make available through our service ("User Content").
By uploading or submitting User Content, users grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, display, and perform the User Content in connection with the operation and provision of the service.
Users represent and warrant that they have all necessary rights to upload, submit, and share User Content and that such content does not violate any laws or infringe on any third-party rights.
We will take reasonable steps to secure User Content and data, but users acknowledge and agree that no method of transmission over the internet, or method of electronic storage, is 100% secure.
Users acknowledge that their User Content may be transmitted to and stored by third-party services as necessary for the operation of our service. We are not responsible for the practices of these third parties.
By using our service, users agree to adhere to these obligations and responsibilities. Failure to comply with these terms may result in the suspension or termination of the user's account or organization and access to the service.
4. License and Intellectual Property
Subject to your compliance with these Terms and Conditions, our company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the service solely for your personal or internal business purposes. This license does not allow you to resell or make any commercial use of the service or its contents unless otherwise agreed in writing.
All rights, title, and interest in and to the service, including all intellectual property rights, are and will remain the exclusive property of our company and its licensors. The service is protected by copyright, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use our company name or any of the our trademarks, logos, domain names, and other distinctive brand features. Any third-party components included in the service are subject to their own intellectual property terms, which you must comply with.
By using our services, you grant our company a non-exclusive, worldwide, royalty-free license to use your company name, logo, and trademarks for the limited purpose of identifying you as a customer of our service on our website and in our promotional materials.
If you wish to revoke this permission at any time, please contact us, and we will promptly cease the use of your logo and trademarks in future materials.
5. Acceptable Use Policy
Acceptable Use
Users are required to adhere to the following acceptable use guidelines while using our service. Unless otherwise stated or agreed upon in writing or defined by an account's subscription, users may submit a maximum of 100 approval or input requests, workflow runs, or threads to our service per month. Additionally, the data volume is limited to submitting or uploading 100MB per month or 500MB of total storage. Individual file size is limited to 10 MB. Exceeding these usage limits without prior agreement is prohibited.
To ensure fair usage and maintain the integrity of our service, we have implemented an API rate limit. Unless otherwise stated or agreed upon in writing, users are restricted to a reasonable API rate limit of 1000 requests per hour and 10 requests per second. Abuse or excessive use of the API beyond this limit is not permitted and may result in action being taken against the user's account.
Our free tier is intended for individual users and single organizations. Creating multiple accounts to exceed usage limits may result in account consolidation or suspension.
Consequences of Violations
If a user or an organization violates this Acceptable Use Policy, we reserve the right to take one or more of the following actions, at our sole discretion: temporarily suspending the user's or organization's access to the service, permanently banning the user or organization from accessing the service, and notifying the user or the administrators of the organization about the violation. In cases where the violation poses a significant threat to the security, integrity, or functionality of the service, we may take immediate action without prior notice.
Monitoring and Enforcement
We actively monitor user activity to ensure compliance with this Acceptable Use Policy. Users and organizations found to be in violation may face the consequences outlined above. Additionally, users can report violations or appeal decisions by contacting our support team. We are committed to maintaining a safe and secure environment for all users and appreciate your cooperation in adhering to these guidelines.
6. Privacy and Data Protection
Data Collection and Usage
We collect various types of data from users to provide and improve our services. This includes personal information provided during registration, such as name and email address, as well as usage data and cookies. We may collect other types of data, such as device information, IP addresses, and user activity logs.
The data collected is used primarily to provide and enhance our services, for marketing purposes, and for analytics. This helps us understand user behavior, improve user experience, and communicate effectively with our users. We do not share user data with third parties, except as necessary to provide our services and comply with legal obligations.
User Consent to Data Policies
By accepting these Terms and Conditions at the time of registration, users consent to our data collection and usage policies. Users have the right to withdraw their consent to data usage for marketing purposes at any time by contacting our customer support team. However, consent withdrawal does not affect the legality of data processing based on consent before its withdrawal.
Data Security Measures
We are committed to protecting user data through various security measures. We use secure servers and implement access controls to ensure that only authorized personnel can access user data. Our services rely on third-party services and infrastructure and benefit from their robust security measures and access controls.
Third-Party Services
We utilize third-party services for, among others, data storage, payment processing and analytics to enhance our service offerings. While we take reasonable steps to ensure these third parties comply with our data protection standards, we rely on the security measures and compliance protocols of these established service providers.
Compliance with Relevant Data Protection Laws
Our services comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Union and the California Consumer Privacy Act (CCPA) for California residents.
Users have the following rights under these regulations:
- The right to know what personal information is being collected.
- The right to access their personal data.
- The right to rectify any inaccurate or incomplete personal data.
- The right to erase their personal data.
- The right to restrict processing of their personal data.
- The right to object to the processing of their personal data.
- The right to data portability.
Users can exercise these rights within our platform or by contacting our customer support team.
Our legal basis for processing personal data includes user consent, contract necessity, legitimate interests, and compliance with legal obligations. If user data is transferred outside the EU, we ensure appropriate safeguards are in place, such as Standard Contractual Clauses.
Even when data deletion is requested, certain data, including audit logs, may be retained to meet legal obligations, security requirements, or for defense of legal claims.
7. Service Availability and Maintenance
We strive to provide continuous and reliable access to our services. However, we cannot guarantee uninterrupted availability. By using our services, you acknowledge and agree to the following terms regarding service availability and maintenance:
Uptime Commitments
While we aim to maintain a high level of service uptime, we do not provide any specific uptime guarantees or commitments. Our services are provided "as is" and "as available," without any warranties of any kind, either express or implied. We will make reasonable efforts to minimize disruptions, but we do not guarantee that our services will be available at all times or that they will be free from errors, interruptions, or delays.
Scheduled Maintenance
We may need to perform maintenance on our systems and infrastructure from time to time to ensure the optimal performance and security of our services. Maintenance activities may occur at any time and may result in temporary service interruptions. We will endeavor to conduct maintenance during periods of low usage and to provide advance notice to users whenever possible. However, we reserve the right to perform emergency maintenance without prior notice if necessary.
Force Majeure
We shall not be liable for any failure or delay in the performance of our obligations under these Terms of Service due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, acts of terrorism, riots, governmental actions, internet outages, power failures, equipment failures, or other similar events. In the event of a force majeure occurrence, any service level agreements or commitments regarding service availability shall be suspended for the duration of the event. We will make reasonable efforts to resume normal service as soon as practicable following the resolution of the force majeure event.
8. Termination and Suspension
Grounds for Termination by the User
Users have the right to delete their accounts at any time. Upon deletion, all associated data will be permanently removed from our systems.
If a user has the necessary access rights, they can also delete an organization, which will similarly result in the deletion of all related data and the cancellation of any active subscriptions to the next possible date.
Even when data deletion is requested, certain data, including audit logs, may be retained to meet legal obligations, security requirements, or for defense of legal claims.
Grounds for Termination or Suspension by the Provider
We reserve the right to terminate or suspend user accounts under certain circumstances, including but not limited to:
1. Violation of Terms and Conditions: Any breach of these Terms and Conditions, including but not limited to prohibited activities outlined in the Acceptable Use Policy and listed under User Obligations and Responsibilities, can result in immediate termination or suspension of the account without prior notice.
2. Inactivity: Accounts that have been inactive for a period of six months may be terminated. Data deletion may occur prior to this period if agreed upon or stated previously, for example as part of the pricing plan.
3. Non-Payment: For paying users, failure to make timely payments as per the subscription plan will result in suspension or termination of the account.
4. Legal Requirements: We may terminate or suspend accounts to comply with applicable laws, regulations, or legal processes.
Except in cases of severe violations, we will provide users with a fair notice period before terminating or suspending their accounts. Users will be notified via the email address associated with their account. For organizations we contact the respective admin accounts.
We reserve the right to modify, suspend, or discontinue the service, in whole or in part, at any time, with or without notice. This includes the right to terminate the service or any features or pricing plans or free plans of the service.
Effects of Termination
If user-initiated, all user and organization data will be permanently deleted at the moment of account or organization deletion. This includes all content, files, and information associated with the account.
If provider-initiated, users will have a 30-day grace period to retrieve their data before it is permanently deleted from our systems. After this period, data recovery will not be possible.
Certain data, including audit logs, may be retained to meet legal obligations, security requirements, or for defense of legal claims.
We encourage users to download and back up their data before initiating account or organization deletion to avoid any loss of important information.
9. Pricing Changes
We reserve the right to change our pricing plans, including free and paid subscription fees, at any time.
Users on a free plan will be notified of any changes to the terms of the free plan at least 30 days prior to the changes taking effect.
For users on paid plans, we will provide notification of any changes to pricing or subscription fees at least 30 days prior to the expiration of their current subscription term. Users will have the option to accept the new pricing or discontinue their subscription before the new pricing takes effect.
10. Disclaimers and Limitation of Liability
This service is offered on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Our company expressly disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Our company does not warrant that the service will be uninterrupted, timely, secure, or error-free, nor does it make any warranty as to the results that may be obtained from the use of the service or the accuracy or reliability of any information obtained through the service.
In no event shall our company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) the use or inability to use the service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third party; and/or (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service, whether based on warranty, contract, tort, or any other legal theory, and whether or not our company is advised of the possibility of such damages.
To the maximum extent permitted by applicable law, the aggregate liability of our company for any claims relating to the service shall be limited to the amount paid by the user, if any, for accessing the service in the twelve (12) months preceding the date of the event that is the basis for the first claim.
Users agree to indemnify, defend, and hold harmless our company, its affiliates, officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees), that such parties may incur as a result of or arising from (i) user-generated content; (ii) user’s violation of these T&C; (iii) user’s violation of any rights of any other person or entity; and (iv) user’s violation of any applicable laws, rules, or regulations.
By using the service, users acknowledge that they have read, understood, and agree to be bound by these disclaimers and limitations of liability.
11. Confidentiality
"Confidential Information" within the meaning of this Agreement is any information (whether written, electronic, oral, digitally embodied or in any other form) disclosed to one Party by the other Party (or an affiliated company within the meaning of Section 15 of the German AktG. This includes in particular trade secrets, products, software, including individual components, source code, manufacturing processes, algorithms, know-how, inventions, business relationships, business strategies, business plans, price lists and conditions, documents and information that are protected by technical and/or organizational measures and are marked as confidential or are to be regarded as confidential due to the nature of the information or the circumstances of transmission.
Not Confidential Information is information, which has been known or generally accessible to the public or the other Party prior to the disclosure or which becomes generally accessible at a later date without breach of a confidentiality obligation; or which is disclosed to a Party by an authorized third party without breach of a confidentiality obligation.
The Parties undertake to,
- treat Confidential Information as strictly confidential and to use it only for the purpose of this User Agreement
- disclose Confidential Information only to those representatives whose knowledge is absolutely necessary and who will be bound by the content of this confidentiality agreement
- protect Confidential Information against unauthorized access by third parties through appropriate confidentiality measures
- at the request of the other Party or without a request, at the latest upon termination of the User Agreement, to return all Confidential Information (including any copies) to the other Party at their own expense within ten days of receipt of the request or termination of the User Agreement, or to destroy it, provided that there are no statutory retention obligations to the contrary.
If Confidential Information does not meet the requirements of a trade secret within the meaning of the Trade Secrets Act, such information shall nevertheless be subject to the confidentiality obligations under this Section.
The confidentiality obligations pursuant to this Section shall continue to apply even after termination of the User Agreement.
12. Changes to the Services and Terms of Use
We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting the revised document on our website or through other appropriate communication channels. We will make reasonable efforts to notify you of any significant changes to these Terms and Conditions, such as by sending an email notification to the address associated with your account or by prominently displaying a notice on our platform.
It is your responsibility to review these Terms and Conditions periodically. Your continued use of our service after any modifications to these Terms and Conditions constitutes your acceptance of the new terms. If you do not agree with the revised Terms and Conditions, you must discontinue your use of the service immediately and may terminate your account as outlined in the Termination and Suspension section.
By accepting these Terms and Conditions, you acknowledge and agree that it is your obligation to stay informed about any changes and that we are not liable for any potential damages or issues arising from your failure to review the updated Terms and Conditions.
13. Final Provisions
The Agreements concluded between the Parties, including these Terms of Use, are governed by and construed in accordance with the material law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and private international law.
The exclusive place of jurisdiction shall be Berlin, Germany. However, our company shall be entitled to sue the Customer at its general place of jurisdiction. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.
In the event that one or more provisions of these Terms of Use are or become invalid, this shall not affect the validity of the remaining provisions.