Terms and Conditions

Terms and Conditions

Last updated: 2024-11-13

1. Introduction

Welcome to Inoyu ("we," "our," or "us"). By accessing or using our services, you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these terms, you may not access our services.

2. Definitions

  • "Service" refers to the Inoyu platform and all related services
  • "User," "you," and "your" refer to individuals and entities using our Service
  • "Subscription" refers to the paid access to our Service
  • "Content" refers to all materials and information submitted, posted, or displayed on the Service

3. Account Registration

3.1. You must register for an account to access our Service.

3.2. You are responsible for:

  • Providing accurate registration information
  • Maintaining the security of your account credentials
  • All activities that occur under your account

4. Subscription and Payments

4.1. Subscription Plans

  • We offer various subscription tiers with different features and pricing

  • Prices are subject to change with notice

  • All payments are non-refundable unless required by law

    4.2. Billing

  • Subscriptions are billed in advance on a recurring basis

  • You authorize us to charge your payment method for all applicable fees

  • Failed payments may result in service interruption

    4.3. Cancellation

  • You may cancel your subscription at any time

  • No refunds for partial subscription periods

  • Access continues until the end of the current billing period

    4.4. Payment Processing

  • Payments are processed through authorized payment processors

  • All financial transactions are subject to Swiss financial regulations

  • For EU customers, additional consumer protection rights apply under EU Directive 2011/83/EU

5. Service Availability and Performance

5.1. Best Effort Service

  • We provide our services on a "best effort" basis without any guarantees

  • No guaranteed uptime, availability, or performance metrics

  • No Service Level Agreements (SLAs) are provided or implied

  • We expressly disclaim any warranties regarding service reliability

  • Service interruptions, errors, or degraded performance may occur without notice

  • We reserve the right to modify, suspend, or discontinue any part of the Service at any time

  • No compensation or credits will be provided for service interruptions

    5.2. Maintenance and Updates

  • We may perform maintenance at any time without prior notice

  • Service interruptions may occur for technical improvements

  • We are not liable for any downtime or data loss

    5.3. Data Processing Agreement

  • For business customers in the EU, we offer a standard Data Processing Agreement (DPA)

  • The DPA complies with Article 28 GDPR requirements

  • Swiss customers may request similar arrangements under FADP

6. User Obligations

You agree to:

  • Use the Service in compliance with all applicable laws
  • Not attempt to breach or circumvent any security measures
  • Not interfere with other users' access to the Service
  • Not use the Service for any illegal or unauthorized purpose

7. Data and Privacy

7.1. Data Processing

  • We process personal data as described in our Privacy Policy

  • You retain ownership of your content

  • We may collect usage data to improve our Service

  • We process data in accordance with Swiss FADP and EU GDPR requirements

  • Data processing activities are logged and documented as required by law

  • We maintain records of processing activities under Article 30 GDPR

    7.2. Data Security

  • We implement reasonable security measures based on industry practices

  • No guarantee of absolute security is provided or implied

  • You acknowledge inherent risks in online services

  • We are not liable for:

    • Security breaches despite reasonable precautions

    • Data loss or corruption

    • Unauthorized access attempts

    • Third-party malicious activities

    • Force majeure security incidents

      7.3. Cross-Border Data Transfers

  • Data transfers outside Switzerland/EU are governed by appropriate safeguards

  • We implement Standard Contractual Clauses where necessary

  • Swiss-US and EU-US Data Privacy Framework principles are observed

    7.4. Machine Learning, AI Development, and Data Usage Rights

    7.4.1. Data Usage Grant

  • You irrevocably grant us worldwide, perpetual, royalty-free rights to:

    • Use all data generated through your use of the Service

    • Process and analyze your usage patterns and behaviors

    • Create derivative works based on your interactions

    • Develop and train AI models using your data

    • Share anonymized data with AI development partners

    • Commercialize insights derived from your data

    • Patent any innovations inspired by usage patterns

      7.4.2. AI Development Rights

  • We maintain exclusive ownership of:

    • All AI models trained using your data

    • Algorithms developed based on user behavior

    • Features inspired by usage patterns

    • Predictive models and their outputs

    • Any derivative AI applications

    • All improvements to our AI systems

      7.4.3. Future Applications

  • We reserve the right to:

    • Use collected data for any future AI applications

    • Develop competing products using aggregated insights

    • License trained models to third parties

    • Create new services based on learned patterns

    • Apply insights across different market segments

    • Develop industry-specific AI solutions

      7.4.4. Intellectual Property

  • You acknowledge and agree that:

    • No compensation is due for AI/ML usage of your data
    • You have no rights to AI models trained on your data
    • Similar features may be developed independently
    • We own all AI-related intellectual property
    • Your suggestions may be implemented without attribution
    • We maintain independent development records

8. Intellectual Property

8.1. Our Rights

  • We retain all rights to the Service and our content

  • Our trademarks and branding may not be used without permission

    8.2. Your Rights

  • You retain ownership of your content

  • You grant us license to host and display your content

    8.3. Open Source Components

  • Certain components of our service utilize open-source software

  • Respective license terms are available upon request

  • Third-party attributions are maintained in compliance with license requirements

    8.4. Intellectual Property Claims

  • You represent and warrant that any content you upload or share does not infringe any third-party intellectual property rights

  • You shall indemnify and hold us harmless from any claims arising from alleged IP infringement related to your content

  • We reserve the right to remove any content that is subject to an IP claim without prior notice

  • Repeated IP violations will result in immediate account termination

  • We maintain a DMCA-compliant takedown procedure for US-related claims

    8.5. Similar Features and Functionality

  • You acknowledge that software features and functionality are not unique

  • Similar features may exist in other products or services

  • We reserve the right to develop features similar to those suggested by users

  • No compensation or credit is due for feature suggestions or feedback

  • Independent development of similar features does not constitute infringement

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM:

  • ANY IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR COMPLETENESS OF THE SERVICE
  • RELIABILITY OF ANY RESULTS
  • SECURITY AGAINST UNAUTHORIZED ACCESS
  • COMPATIBILITY WITH YOUR EQUIPMENT OR SOFTWARE
  • ERROR-FREE OR UNINTERRUPTED OPERATION
  • MEETING YOUR SPECIFIC REQUIREMENTS

10. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

10.2. Intellectual Property Claims

  • We are not liable for any claims related to:
    • Similarity of features to other products
    • Independent development of similar functionality
    • Implementation of industry-standard practices
    • Use of common UI/UX patterns
    • Features suggested by users or publicly available

11. Termination

11.1. We may terminate or suspend your account and access to the Service:

  • For violations of these Terms

  • For any reason at our discretion

  • Without prior notice or liability

    11.2. Upon termination:

  • Your right to access the Service will cease immediately

  • All provisions that should survive termination shall remain in effect

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes via:

  • Email notification
  • Notice on our website
  • Service dashboard notification

13. Governing Law and Jurisdiction

13.1. These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

13.2. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Canton Vaud, Switzerland, subject to any appeals to the Swiss Federal Supreme Court.

13.3. For users in the EU/EEA, this choice of law does not deprive you of the protection afforded by provisions that cannot be derogated from by agreement by virtue of the law of the country where you have your habitual residence.

13.4. Alternative Dispute Resolution

  • EU consumers may access the EU Online Dispute Resolution platform

  • Swiss consumers may seek mediation through FDPIC

  • These rights exist without prejudice to legal proceedings

    13.5. Severability

  • If any provision of these Terms is found invalid under applicable law

  • The remaining provisions remain in full force and effect

  • Invalid provisions shall be replaced by valid provisions closest to original intent

14. Contact Information

For questions about these Terms, please contact us at: Inoyu Route des Cuvaloups 7, 1264 St-Cergue, Switzerland contact@inoyu.dev

15. Regulatory Compliance

15.1. Financial Services

  • We comply with Swiss Financial Market Supervisory Authority (FINMA) regulations

  • EU payment services regulations where applicable

  • Anti-money laundering and know-your-customer requirements

    15.2. Consumer Protection

  • Swiss Federal Act on Unfair Competition (UWG)

  • EU Consumer Rights Directive

  • Distance Selling Regulations

    15.3. Electronic Communications

  • Swiss Telecommunications Act

  • EU ePrivacy Directive

  • Electronic Communications Privacy requirements

    15.4. International and US Compliance

  • California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)

  • Virginia Consumer Data Protection Act (VCDPA)

  • Colorado Privacy Act (CPA)

  • Utah Consumer Privacy Act (UCPA)

  • Children's Online Privacy Protection Act (COPPA)

  • US Electronic Communications Privacy Act (ECPA)

  • US Computer Fraud and Abuse Act (CFAA)

  • US Digital Millennium Copyright Act (DMCA)

  • US Federal Trade Commission Act Section 5

  • US State Data Breach Notification Laws

  • Canadian Personal Information Protection and Electronic Documents Act (PIPEDA)

  • Brazilian General Data Protection Law (LGPD)

  • Australian Privacy Principles (APPs)

  • Japanese Act on Protection of Personal Information (APPI)

    15.4.2. State-Specific Requirements

  • Nevada Privacy Rights (NRS 603A)

  • Connecticut Data Privacy Act (CTDPA)

  • Texas Data Privacy and Security Act

  • Consumer Financial Protection Bureau (CFPB) requirements

    15.4.3. Industry-Specific Compliance

  • Health Insurance Portability and Accountability Act (HIPAA) safeguards

  • Gramm-Leach-Bliley Act (GLBA) financial privacy rules

  • Family Educational Rights and Privacy Act (FERPA)

  • Payment Card Industry Data Security Standard (PCI DSS)

    15.4.4. International Standards

  • ISO/IEC 27701:2019 Privacy Information Management

  • APEC Cross-Border Privacy Rules (CBPR)

  • OECD Privacy Guidelines

  • ASEAN Framework on Personal Data Protection

    15.5. Export Control

  • US Export Administration Regulations (EAR)

  • International Traffic in Arms Regulations (ITAR)

  • Wassenaar Arrangement controls

  • UN Security Council sanctions

  • Swiss sanctions and export controls

    15.6. Industry Standards

  • ISO 27001/27701 Information Security Standards

  • NIST Cybersecurity Framework

  • SOC 2 Trust Service Principles

  • PCI DSS (where applicable)

  • Cloud Security Alliance guidelines