Terms and conditions
Last modified: November 15, 2023
Our services
Who We Are
Welcome to Nionium. Our website is located at [https://nionium.com](https://nionium.com/). Nionium is a trading name of Deutsche AI Systems LLC.
Comments
When visitors leave comments on the site, we collect the data shown in the comments form, as well as the visitor’s IP address and browser user agent string to assist in spam detection. After your comment is approved, it will be visible to the public in the context of your comment.
Media
If you upload images to the website, please avoid uploading images with embedded location data (EXIF GPS). Visitors can download and extract any location data from images on the website.
Cookies
If you leave a comment on our site, you may opt-in to saving your name, email address, and website in cookies for convenience, so you do not have to fill in your details again when you leave another comment. These cookies will last for one year. Additionally, when you log in to your account, we use cookies to manage the session and personalize the user interface. These session cookies are temporary and will be deleted when you close your browser. If you select “Remember Me”, your login will persist for two weeks. If you log out, the login cookies will be removed.
Embedded Content from Other Websites
Articles on our site may include embedded content (e.g., videos, images, articles, etc.). Embedded content from other websites behaves in the same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with the embedded content.
Google Analytics
We use Google Analytics to collect anonymous information about site usage and activity to improve our services. This data includes things like the number of visitors to the site, what pages they visited, and where they came from. Google’s privacy policy is available at: [Google Privacy Policy](https://policies.google.com/privacy).
Data Sharing
We share your data with our partner companies to enhance our services and provide tailored offers. Your data may also be analyzed to provide better user experiences.
How Long We Retain Your Data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website, we also store the personal information they provide in their user profiles. Users can see, edit, or delete their personal information at any time (username cannot be changed). Website administrators can also view and edit that information.
Your Data Rights
If you have an account on this site or have left comments, you can request to receive an exported file of the personal data we hold about you,Your data may also be analyzed to provide better user experiences. If you leave a comment, the comment and its metadata are retained indefinitely. For users that register on our website, we also store the personal information they provide in their user profiles. Users can see, edit, or delete their personal information at any time. Website administrators can also view and edit that information. If you have an account on this site or have left comments, you can request to receive an exported file of the personal data we hold about you, including any Users can exercise their data rights by requesting an exported file of their personal data held by the website, including any information provided during account registration or while leaving comments. Users also have the ability to view, edit, or delete their personal information stored in their user profiles. Website administrators are authorized to access and modify this information as well.
Where Your Data Is Sent
Visitor comments may be checked through an automated spam detection service and may also be reviewed by our staff to ensure compliance with our community standards.
Data Privacy
We take your privacy seriously. Deutsche AI Systems, operating as Nionium, adheres to strict data protection regulations. Your data might be shared with partner companies within our affiliation for operational purposes or to enhance service delivery.
Tax Compliance and Regulatory Information
We adhere to the tax compliance and regulatory frameworks in all operational jurisdictions, ensuring that all our financial transactions and business operations are transparent and law-abiding.
Legal Entities
Officially, we are registered as Deutsche AI Systems LLC, but we operate commercially as Nionium. All legal and financial transactions are conducted under the legal umbrella of Deutsche AI Systems LLC.
Changes to Our Privacy Policy
We may update our Privacy Policy from time to time to reflect changes to our practices or for other operational, legal, or regulatory reasons. We encourage visitors to frequently check this page for any changes.
We are committed to protecting and respecting your privacy. If you have any questions about how we handle your data, please do not hesitate to contact us through our website.
Terms and Conditions
Terms of Use
Effective date: March 20th, 2024
At a glance,
These Terms of Use (the “User Terms”) govern Users access and use of our software, server, and any other Services (“the Services”) we may provide to you unless otherwise specified. This includes but is not limited to Nionium Software, Marketplace, Support Plans, Apps, Professional Services, some Integrations (including via 3rd-party), and API. Some of them are covered by additional terms and conditions, which may also apply to the Services we provide you.
These Terms apply to all individuals utilizing Nionium Services, regardless of whether they are direct Nionium Users or have been granted access to the Services by a Nionium Customer.
PLEASE READ THE TERMS OF USE CAREFULLY.
By clicking “accept” or installing or using the Nionium Services, you confirm your acceptance of the Services and agree to become bound by the terms of these Terms of Use.
These Terms of Use form a part of a binding “Contract” between the User and Nionium and apply to any Services you order, subscribe to, activate, or use.
Even though you are signing in to an existing workspace, these Terms of Use apply to you as a User of the Services. If you access, or register any Nionium workspaces, these Terms of Use will also govern all options.
Definitions
“Nionium,” “we,” “us,” or “our” Deutsche Technologies LLC. or its affiliates. (Deatushe AI Systems – should be considered as affiliates )
“User”, “you” or “your” means the individuals who are authorized by any workspace owner in accordance with the Order Form or Subscription or Nionium’s Terms of Service, as applicable, to access and use the Nionium Software, Services, and Documentation in accordance with this Agreement and including any End Users. User also means the individuals who are using Nionium’s Services.
“Customer” means an organization or entity which has separately agreed to our Customer Terms of Service or entered into a written agreement with Nionium (in either case, the “Terms”) that permitted the Customer to create and configure a workspace so that the User(s) could join.
“Workspace Administrator” means an individual responsible for managing a dedicated workspace(s): including user accounts, configuring settings, ensuring security, and providing technical support within the workspace, as detailed in public documentation.
Other capitalized terms in the Terms of Use shall have the same meaning as defined in the Terms of Service.
- TERMS THAT MAY APPLY TO YOU
These Terms of Use refer to the following additional terms, which may also apply to your use of our Services:
Nionium Privacy Policy
Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our Services.
Customer Additional Terms and Policies and Nionium Code of Conduct
If the User is accessing a Customer workspace, please note that the respective Customer may impose additional requirements and terms on Users when using our Services that Users should comply with. If applicable, the Customer should notify Users of such terms and conditions.
USER DATA
When a User submits content or information to the Services, such as messages or files (“User Data”), the Customer retains ownership of any intellectual property rights in that content.
The Customer has many choices and control over the Customer and User-Uploaded Data shared in the workspace. Please refer to the Accounts Section to understand the Administrator tools and how they can manage Users’ Data. For a better understanding of how your data is handled, you can refer to Nionium’s Privacy Policy.
2.1 Types of Deployment
Nionium Services can be deployed on three types, each involving different data processing activities: Workspace Cloud Hostedat Nionium, Workspace under a Self-Managed Infrastructure, Nionium Open Server.
Data Uploaded to the Customer’s Workspace Cloud Hosted at Nionium<br><br>Our services can be deployed in our cloud infrastructure, meaning Nionium will store the data uploaded to the workspace with restricted access and subject to encryption and other technical and organizational measures. If you use a workspace hosted in the Cloud Infrastructure, please note that the customer administrator controls the data. For any data subject requests, please contact your Workspace Administrator directly.
Data Uploaded to the Customer’s Workspace under a Self-Managed Infrastructure<br><br>If you use a workspace hosted in the Customer’s infrastructure, please note that we do not store User-generated content. For any data subject requests, please contact your workspace administrator directly.
2.2 User-Generated Content
Our software may contain information and materials uploaded by other Users of our services, such as social media pages, video-sharing platforms, bulletin boards, discussions, and channel rooms. Nionium does not assume any responsibility for the content generated by Users. As a User, you are solely responsible for any content you create and Nionium does not endorse or guarantee the accuracy or legality of such content in any way.
Before making any decisions or taking any actions based on the content on our platform, we strongly recommend seeking professional or specialist advice. We cannot guarantee the accuracy, completeness, or timeliness of the content on our platform, and we make no representations or warranties, whether express or implied, that the content on our software is accurate, complete, or up to date.
2.3 ACCEPTABLE USE POLICY
By using our Services, you agree to comply with our Acceptable Use Policy, which sets out the guidelines for expected behavior and conduct while using our Services. Failure to comply with the Acceptable Use Policy may suspend or terminate the Services.
2.4 LEGAL AGE
The use of our Services is only permitted if you are above the legal age, which is 13 years, or any higher age required by the applicable regulations in your jurisdiction.
For Users from countries subject to the General Data Protection Regulation “GDPR”: You must be 16 years old or above unless your Country has enacted a regulation specifying a lower minimum age.
For Lei Geral de Proteção dos Dados “LGDP”-regulated users, individuals must be 18 years of age or older unless parental consent has been obtained in accordance with our Privacy Policy.
By accessing and using our services, you confirm that you meet the minimum age requirement of the relevant regulations. If you are under the legal age, please discontinue using our services.
EXTERNAL LINKS DISCLAIMER:
Our Services may contain links to other websites or platforms and resources provided by third parties. These links are provided for informational purposes only and should not be interpreted as our endorsement or approval of the linked sites or platforms or the information the User may obtain from them. We do not have control over the content of those sites, platforms, or resources, and therefore, we are not responsible for any content, products, services, or actions of those third-party sites or platforms. It is the User’s responsibility to exercise caution and use their own judgment when accessing and using any external links provided through our services.
1.NIONIUM’S TRADEMARKS
Unless the User is provided with express written permission by Nionium, the User is not authorized to use Nionium’s trademarks and any violation of this provision may result in legal action and liabilities.
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE
LIMITATION OF LIABILITY
If we believe that there is a violation of the Customer Terms of Service, Terms of Use, Acceptable Use Policy, or any of our other policies that can simply be remedied by removal of certain Customer Data or taking other action, we will, in most case, ask the Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if we believe there is a credible risk of harm to us, the Services, Users, or any third parties, including Vendors and Third Party Apps. To the maximum extent permitted by law, Nionium offers the Services and Products “AS IS” and “AS AVAILABLE” and Nionium hereby disclaims all warranties, whether express, implied, or statutory, including but not limited to any implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. You may have other statutory rights, in which case the duration of any statutory warranties will be limited to the maximum extent permitted by law. IN NO EVENT WILL WE HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNLESS YOU ARE ALSO A CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CONTRACT), USER WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE TERMS OF USE. OUR MAXIMUM AGGREGATE LIABILITY TO THE USER FOR ANY BREACH OF THE TERMS OF USE IS ONE HUNDRED US DOLLARS (USD $100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.
GENERAL PROVISIONS
Deutsche technologies LLC.1 Termination
These Terms of Use will remain in effect for the duration of the Terms of Service or as long as the User maintains an active account with us. If you choose to delete your account or if your account is deleted by the Workspace Administrator, the Terms of Use will no longer apply to your use of the Services, except if otherwise expressed in the Survival Section.
It is important to reinforce that the responsibility for deleting User accounts lies with the Customer.
If we decide to terminate or suspend the User’s account on Nionium Open server, due to a violation of these Terms of Use, the Acceptable Use Policy, or the Code of Conduct of the Open Server, these terms will remain applicable to any actions or activities performed before the account termination or suspension.
9.2 Survival
Nionium “Limitation of Liability” and “Survival” and all of the provisions under the general heading “General Provisions” will survive any termination or expiration of these Terms of Use.
9.3 Updates and Modifications
As part of our ongoing commitment to providing the User with the best experience, we periodically review and update our Terms of Use and policies.
If there are any substantial modifications to the Terms of Use or other policies that directly affect the use of Nionium Services, we will ensure to provide Users with advance notice prior to the changes taking effect.
If a User accesses our services through a Customer (e.g., organization), the Customer’s Workspace Administrator is responsible for receiving and relaying any updates to the Terms of Use, Service Terms, and other policies to the User.
If the User is currently utilizing Nionium Open Server, trial, free plan, or any of our apps directly with us; we will communicate these changes through email using the address associated with the User account or via in-app messaging.
It is important to carefully review the Terms of Use and any additional terms that apply to the usage of our Services.
By continuing to use our Services after the effective date of any changes, that use will constitute the User’s acceptance of the revised terms and conditions.
9.4 Waiver
No failure or delay by either Party in exercising any rights under this Terms of Use, including the Acceptable Use Policy, will constitute a waiver of that right. No waiver under the Terms of Use will be effective unless it is in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
9.5 Severability
The Terms of Use, including the Acceptable Use Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of the Terms of Use is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Terms of Use will remain in effect.
9.6 Assignment
The User may not assign any of its rights or delegate to its obligations under these Terms of Use, including the Acceptable Use Policy, whether by operation of law or otherwise, without the prior written consent of Nionium (not to be unreasonably withheld). Nionium may assign these Terms of Use in their entirety (including all terms and conditions incorporated herein by reference) without the User’s consent to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
9.7 Governing Law, Venue, Fees
The Terms of Use, including the Acceptable Use Policy, and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of the Customer Terms of Service, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The Courts located in the applicable venue of the Customer Terms of Service will have exclusive jurisdiction to adjudicate any dispute arising out of relating to the Terms of Use, including the Acceptable Use Policy or its formation, interpretation, or enforcement.
Each Party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
9.8 Entire Agreement
The Terms of Use, including any terms incorporated by reference into the Terms of Use, constitute the entire agreement between the User and Nionium and supersede all prior and contemporaneous agreements, proposals, or written or oral representations concerning its subject matter.
To the extent of any conflict or inconsistency between the provisions in these Terms of Use and any pages referenced in these Terms of Use, these Terms of Use will first prevail, provided, however, that if there is a conflict or inconsistency between the Customer Terms of Service and the Terms of Use, the Customer Terms of Service will prevail, followed by the provisions in these Terms of Use, and then, followed by the pages referenced in these terms of use. (e.g., Privacy Policy).
The Customer will be responsible for notifying Users of those conflicts or inconsistencies, and until such time, the terms set forth herein will be binding.
CONTACTING Nionium
Please also feel free to contact us if you have any questions about this Agreement.
You may contact us at support@nionium.ai or at our mailing address below:
Deutsche Technologies LLC.
Acceptable Use Policy
Effective date: March 21st, 2024
PLEASE READ THIS ACCEPTABLE USE POLICY CAREFULLY BEFORE USING NIONIUM SERVICES.
You, a User of Nionium Services, agree to abide by this Nionium Acceptable Use Policy regarding unacceptable conduct for our Services.
If Nionium, in its sole discretion, determines that a policy violation is deliberate, repeated, or presents a credible risk of harm to other Users, our Customers, the Services, or any third parties; we may suspend or terminate your access to the Services without prior notice and without any liability to you.
You must:
- comply with all Terms of Use applicable to You;
- comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws and regulations promulgated by any government agencies;
- upload and disseminate only data to which you own or have all proper rights or access under the law and contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) and do so only consistent with applicable law;
- keep Your access credentials (including passwords access keys, API keys, and tokens,.) confidential;
- use commercially reasonable efforts to prevent unauthorized access to or use of the Services;
- monitor and control all activity conducted through Your account in connection with the Services;
- use the proper functions that come with Your account to interact with Your workspace and subscription (e.g., renewal and cancellation of the workspace);
- promptly notify us if You become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving Your accounts, including any loss, theft, or unauthorized disclosure or use of a username, password, or account;
- comply in all respects with all applicable terms of the third-party applications that You access or subscribe to in connection with the Services, including any that the Customer elects to integrate with the Services that You access or subscribe to in correction with the Services.
You may not:
- use the Services to store or transmit any information, content or data that may infringe upon or misappropriate someone else’s trademark, copyright, or other intellectual property or that may be tortious or unlawful;
- upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or technology that unlawfully accesses or downloads content or information stored within the Services or on the hardware of Nionium or any third party;
- attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law);
- attempt to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services;
- use the Services in any manner that may harm minors or that interacts with or targets people under the legal age stated in the Terms of Use;
- impersonate any person or entity, including, but not limited to, a team member of ours, an “Administrator,” an “Owner,” or any other User, or falsely state or otherwise misrepresent your affiliation with a person, organization, or entity;
- use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism;
- access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
- send unsolicited communications, promotions or advertisements, or spam;
- place any advertisements within the Nionium Services;
- send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
- use contact or other user information obtained from the Services (including email addresses) to contact Users outside of the Services without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for Users for use outside of the Services;
- abuse referrals or promotions to get more credits than deserved;
- share, transfer, or otherwise provide access to an account designated for You to another person;
- access the Services to build a similar or competitive product or service or copy any ideas, features, functions, or graphics pertaining to the Services;
- sublicense, resell, timeshare, or similarly exploit the Services unless You have entered into an active and legally binding Partner Agreement with Nionium;
- access or use the Services on behalf of or for the benefit of any patent assertion entity. If our Services are accessed or used in any patent assertion, such use is in violation of this Acceptable Use Policy, and to the extent permitted by law, cannot be used in any related court filings;
- engage in activity that incites or encourages violence or hatred against individuals or groups, including but not limited to defaming, libeling, ridiculing, mocking, stalking, threatening, harassing, intimidating, or abusing anyone; or
- authorize, permit, enable, induce, or encourage any third party to do any of the above.
Reporting Harmful Content
We take the safety and well-being of our Users seriously. Thus, there are certain types of content we cannot allow. We prohibit posting or sharing “Harmful Content,” which is defined as content that:
- Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
- Contains language or imagery which could reasonably be deemed offensive, or is likely to harass, upset, embarrass, or annoy any other person (including, but not limited to, any sort of language or imagery that could be deemed discriminatory against any race, religion, gender identity, sex, sexual orientation, color, ethnicity, national origin, or ability status);
- Is abusive, insulting, or threatening, discriminatory, or promoting of or encouraging racism, sexism, hatred or bigotry;
- Encourages any illegal activity including but not limited to, terrorism, inciting racial hatred, or the submission of which in itself constitutes committing a criminal offense;
- Is defamatory, untrue, or libelous;
- Relates to commercial activity, including but not limited to, sales, competitions, and advertising, and links to other websites or premium line telephone numbers;
- Infringes upon any rights of a third party, including but not limited to privacy and intellectual property rights; or
- Uses the name, image, or likeness of another person, or impersonates another person, without that person’s consent (or in the case of a minor, without the consent of that minor’s parent or legal guardian) or is an image or likeness of a minor unaccompanied by the minor’s parent or legal guardian.
If You come across any Harmful Content within our server, we encourage You to report it immediately. Reporting helps us maintain a positive and secure environment for all users. To report harmful content, please follow the steps outlined on the Censorship and Harmful Content page.
For reporting Harmful Content on a customer workspace, please contact the respective Customer directly. They will be able to assist You in addressing any issues or concerns within their workspace. If you require further assistance or have additional questions, please contact support@nionium.com .
Your cooperation in reporting Harmful Content is greatly appreciated as we work together to ensure a safe and respectful community.
Services management
Support: The Company provides support for its themes as described in the Support and Updates policy. Support inquiries should be directed through our designated support channels.
Termination: The Company reserves the right to terminate or suspend your access to our Services at its discretion, without notice, for any violation of these Terms.
Changes to Terms: The Company may update these Terms from time to time. It is your responsibility to review the Terms periodically. Your continued use of the Services after any changes to these Terms constitutes acceptance of those changes.
Contact information
If you have any questions or concerns about these Terms and Conditions, please contact us.
By using our Services, you agree to abide by these Terms and Conditions, as well as our Privacy Policy, which is incorporated herein by reference.