1. Introduction

Welcome to the terms and conditions for Computational-Magic, an AI API platform operated by Neuralfinity UG (haftungsbeschränkt) (hereafter: Neuralfinity). These terms and conditions outline the rules and regulations for the use of Computational-Magic, including the rights and responsibilities of both the user and Neuralfinity UG (haftungsbeschränkt). By accessing and using Computational-Magic, you agree to be bound by these terms and conditions. Please read them carefully before using the platform. If you do not agree to these terms and conditions, please do not use Computational-Magic.

2. Account Creation

To use Computational-Magic, you must create an account on the platform. Account creation is free, and you must provide accurate and complete information during the registration process. However, valid payment details are required for the purpose of varifying you as a user as well as charing any overages outside of the "free" plan scope or subscription feed when subscribing to any plan other than "free". You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify Neuralfinity immediately of any unauthorized use of your account or any other breach of security. Neuralfinity reserves the right to refuse registration of, or cancel, accounts it deems inappropriate or violates any of the terms and conditions outlined herein. Additionally, you must be at least 18 years old to create an account on Computational-Magic. By creating an account, you confirm that you are at least 18 years old or have the legal authority to enter into and agree to these terms and conditions.

3. Use of the platform

Computational-Magic provides access to various AI APIs that can be used for a variety of purposes. Users are allowed to use the platform for lawful purposes only. Prohibited activities include, but are not limited to, activities that violate the law, infringe on the rights of others, or interfere with the operation of the platform. Additionally, users from countries such as russia, Belarus, North Korea, and China are prohibited from opening an account on the platform. Users are also prohibited from using the platform to generate content that supports terrorism, russia's invasion of Ukraine, or any other illegal activities. Content that promotes propaganda, or misinformation is also strictly prohibited. Using the APIs for political advertising is prohibited without explicit written permission of Neuralfinity. Neuralfinity reserves the right to monitor and remove any content generated through the platform's APIs that violates these terms and conditions. In using the platform, users agree to comply with all applicable laws and regulations, including those related to data protection and privacy. Users are responsible for obtaining any necessary permissions or licenses for using the content generated through the platform's APIs. Neuralfinity is not responsible for any consequences resulting from the user's failure to obtain the necessary permissions or licenses. Neuralfinity reserves the right to suspend or terminate a user's account if they are found to be in violation of these terms and conditions.

4. Ownership of Generated Content

Neuralfinity does not claim any ownership rights to the content generated through the platform's APIs. However, by using the platform, you grant Neuralfinity a non-exclusive, royalty-free, worldwide license to use, store, reproduce, modify, and display your content solely for the purpose of providing the Computational-Magic service to you. Users are responsible for ensuring that the content they generate through the platform's APIs does not infringe on the intellectual property rights of any third party. Neuralfinity is not responsible for any content generated through the platform that infringes on the intellectual property rights of any third party. Neuralfinity respects the intellectual property rights of others and expects its users to do the same. If you believe that your intellectual property rights have been infringed upon by any content generated through the platform's APIs, please contact Neuralfinity immediately. In summary, users own all rights to the content they create through Computational-Magic's APIs, but Neuralfinity retains a limited license to use the content solely for the purpose of providing the platform's services.

5. Payment and fees

Neuralfinity offers various pricing plans for using Computational-Magic's APIs, which are detailed on the website's "pricing" section. By using the platform, you agree to pay all fees associated with your selected pricing plan. Neuralfinity uses Stripe as a payment processor, and you will be required to provide valid payment information to use the platform's services. As the account holder, you are responsible for paying all fees incurred through the use of Computational-Magic's APIs. If you fail to pay the fees on time, Neuralfinity reserves the right to suspend or terminate your account until payment is received. In the event that payment is not made after two reminders, Neuralfinity reserves the right to use a debt collection service. Neuralfinity reserves the right to change the fees and payment structure for using the platform at any time. Any changes to the pricing structure will be communicated to users in advance via email or through the website. If you have any questions regarding the payment and fees for using Computational-Magic's APIs, please contact us at [email protected].

6. Confidentiality and Privacy:

At Neuralfinity, we take confidentiality and privacy seriously. We are committed to protecting the personal information of our users and ensuring that it is used only in accordance with our privacy policy, which is outlined here.Neuralfinity will take all reasonable measures to protect the confidentiality of your data and will only disclose your data to third parties where required by law, in response to a legal request, or with your explicit consent. Neuralfinity also implements appropriate technical and organizational measures to ensure the security of your data. By using Computational-Magic's APIs, you agree that Neuralfinity may process your personal information in accordance with our privacy policy. This includes, but is not limited to, collecting, storing, and using your personal information to provide the platform's services to you. If you have any questions regarding our confidentiality and privacy policies or the processing of your personal information, please contact us at [email protected].

7. Indemnification and liability

By using Computational-Magic's APIs, you agree to indemnify and hold harmless Neuralfinity, its officers, directors, employees, and affiliates from and against any and all claims, damages, losses, liabilities, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the platform's services. You agree that Neuralfinity will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the platform's services, even if Neuralfinity has been advised of the possibility of such damages. Furthermore, Neuralfinity makes no representations or warranties regarding the accuracy, completeness, or reliability of the content generated through the platform's APIs, and is not responsible for any content that may be offensive, harmful, or inaccurate. In the event of a dispute arising from the use of the platform's services, you agree to submit to the exclusive jurisdiction of the courts in the jurisdiction of Neuralfinity's headquarters. Any dispute arising from the use of the platform's services will be resolved through binding arbitration administered by a third-party arbitrator chosen by Neuralfinity.

8. Termination and Suspension

Neuralfinity reserves the right to terminate or suspend your account or access to Computational-Magic's APIs at any time and without notice, including in the event of a breach of the terms and conditions or any other inappropriate use of the platform's services. Inappropriate use of the platform's services includes, but is not limited to, engaging in any activity that violates applicable laws or regulations, infringes on the rights of third parties, or is harmful, threatening, abusive, harassing, defamatory, or obscene. Neuralfinity may also terminate or suspend your account or access to the platform's services for any reason at its sole discretion, without notice or liability. Upon termination or suspension of your account or access to the platform's services, you will immediately cease all use of the platform's services, and Neuralfinity reserves the right to delete all data associated with your account. If you wish to terminate your account or access to Computational-Magic's APIs, please contact us at [email protected]. If you have any questions regarding termination or suspension, please contact us at [email protected].

9. Modifications to the terms and conditions

Neuralfinity reserves the right to modify or update these terms and conditions at any time without notice. Any modifications or updates will be effective immediately upon posting on the Computational-Magic website. It is your responsibility to review these terms and conditions periodically to ensure that you are aware of any changes. By continuing to use the platform's services after any modifications or updates, you agree to be bound by the revised terms and conditions. Neuralfinity will notify you by email of any material modifications to these terms and conditions. If you do not agree with any changes made to these terms and conditions, your only recourse is to discontinue use of the platform's services. Neuralfinity may, at its sole discretion, provide notice of modifications or updates to these terms and conditions through email or by posting a notice on the Computational-Magic website.

10. Governing law and jurisdiction

These terms and conditions, as well as any disputes arising from or related to the use of the Computational-Magic platform, shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without giving effect to its conflict of laws principles. Any legal action or proceeding arising out of or related to these terms and conditions, or the use of the Computational-Magic platform, shall be brought in the courts of the state of Hamburg, Germany, and the parties hereby submit to the exclusive jurisdiction of such courts. By using the Computational-Magic platform, you consent to the exclusive jurisdiction and venue of these courts for any such legal action or proceeding.

10.1 Arbitration

In the event of any dispute, claim, or controversy arising out of or relating to these terms and conditions, or the use of the Computational-Magic platform, Neuralfinity and the user shall first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the German Institution of Arbitration (DIS) in effect at the time of the arbitration. The place of arbitration shall be Hamburg, Germany. The arbitrator shall have the power to grant any remedy or relief that a court of law could grant within the scope of these terms and conditions, except that the arbitrator shall not have the power to award punitive or exemplary damages. The decision of the arbitrator shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties agree to bear equally the costs of the arbitration, including the fees of the arbitrator, but each party shall be responsible for its own attorneys' fees and expenses. By using the Computational-Magic platform, you agree to waive any right to a trial by jury or to participate in a class action lawsuit.

11. Severability clause

If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that achieves, to the extent possible, the original purpose and intent of the invalid or unenforceable provision. If any court of competent jurisdiction determines that any provision of these terms and conditions is invalid or unenforceable, the court may modify such provision to make it valid and enforceable to the maximum extent permitted by applicable law.