Effective from September 14, 2016
- The website ambiverse.com including its subdomains operated by AMBIVERSE GMBH as well as all products and services offered shall be collectively referred to as AMBIVERSE. The present GTC govern the owner and user relationship between a user (hereinafter: “USER”) and the operator of AMBIVERSE, AMBIVERSE GMBH, with respect to the use of AMBIVERSE.
- AMBIVERSE GMBH does not recognize any deviating General Terms and Conditions of the USER, unless agreed to explicitly and in writing.
Object of the Present GTC, Definition of Terms
- Within the framework of AMBIVERSE, AMBIVERSE GMBH provides an Application Programming Interface (short: API), called Ambiverse Natural Language Understanding API (hereinafter: API). The API enables external access to the software solution at AMBIVERSE offered by AMBIVERSE GMBH. Object of AMBIVERSE is the Entity Linking Service (hereinafter: ENTITY LINKING SERVICE) as well as the Knowledge Graph Service (hereinafter: KNOWLEDGE GRAPH SERVICE) (hereinafter collectively: SERVICES). Via the API, the USER can provide text content for analysis. The text content provided for analysis by the USER via the API will be referred to as TEXT subsequently.
- The website accessible via the domain ambiverse.com including its subdomains, which is especially intended for the administration of the USER’s user account, will be referred to as AMBIVERSE.COM, in distinction to API and SERVICES. Thus, in summary, the term AMBIVERSE according to number 1.2 delineates AMBIVERSE.COM, the API as well as the SERVICES.
- AMBIVERSE and the present GTC are exclusively directed at USERS, who are entrepreneurs following § 14 of the German Civil Code (BGB). Any use by consumers as defined by § 13 BGB is not permitted.
- Object of the analysis is the automated recognition of names (e.g. a person or a place) in the provided TEXTS and the resolution of linguistic ambiguities with respect to these names via the ENTITY LINKING SERVICE. The names identified as such by the ENTITY LINKING SERVICE will be hereinafter referred to as ENTITIES.
These ENTITIES will be provided to the USER via the API. By means of the KNOWLEDGE GRAPH SERVICE, the USER may request more information about the ENTITIES via the API later on, for example a short description of the person or place recognized. This information and data provided by the API including the ENTITIES will be hereinafter collectively referred to as DATA.
User Account, Registration
- The use of AMBIVERSE requires a user account consisting of a login and a password. To this end, the USER has to create a user account at AMBIVERSE.COM by registering as a developer at developer.ambiverse.com.
- After his user account has been created, the USER will receive an e-mail containing a registration link. After clicking on the registration link, the USER can log into AMBIVERSE.COM with his login and password.
- The owner and user relationship with respect to AMBIVERSE is established with the USERS’S first login into AMBIVERSE.COM.
- It is not permitted for any USER to create more than one login to AMBIVERSE.COM. AMBIVERSE GMBH may reject attempts to create additional accounts or deactivate multiple user accounts at any time.
- The USER has to ensure that the e-mail address indicated upon registration at AMBIVERSE.COM will be checked regularly. In particular, the USER has to make sure that e-mails sent by AMBIVERSE GMBH can be noticed at all times, even when using spam filters.
- The information given by the USER upon online registration at AMBIVERSE.COM must be true. Any registration by means of incorrect information is not permitted. The USER has to inform AMBIVERSE GMBH immediately about any changes to these details.
- The USER is obliged to keep his login data as well as all other data which may enable access to AMBIVERSE secret. If there is reason to believe that an unauthorized third party has gained knowledge of these data, the USER has to change them immediately or inform AMBIVERSE GMBH about his wish to have them changed. The USER has to notify AMBIVERSE GMBH immediately about any suspected abuse of his login to AMBIVERSE.
- If the USER’S user account has been used and/or is being used by a third party – whether authorized or unauthorized – the user shall be liable for this third party as well, unless this access by a third party is beyond the USER’S control. The USER is responsible for providing evidence that such use by a third party was beyond the USER’S control.
USAGE PLANS, Prices, Availability
- The use of AMBIVERSE is possible as part of the usage plans offered by AMBIVERSE (hereinafter: USAGE PLANS). AMBIVERSE offers free and fee-based USAGE PLANS.
- The scope of the USAGE PLANS is exclusively determined by the specifications of the respective USAGE PLAN, which is displayed during the registration process at AMBIVERSE or upon booking of a USAGE PLAN. Each USAGE PLAN booked respectively, shall be documented by the e-mails that will be sent to the USER after successful registration or booking of a USAGE PLAN at AMBIVERSE.
- The use of a free USAGE PLAN shall solely lead to an accommodation relationship; the use of fee-based USAGE PLANS shall lead to a contractual obligation.
- In principle, AMBIVERSE is available day and night. Within the scope of a free USAGE PLAN, however, AMBIVERSE GMBH cannot guarantee that AMBIVERSE shall be available continuously at all times.
- Within the scope of a fee-based USAGE PLAN, the availability of AMBIVERSE is determined by the Service Level Agreement applicable for the relevant USAGE PLAN booked by the USER. AMBIVERSE GMBH will inform the USER of any changes to these terms according to the provisions stated in no. 13.
- Registration at AMBIVERSE.COM and use of a user account as such are possible free of charge.
- Upon reaching the limits of the scope of a free USAGE PLAN, access to API as well as the SERVICES is no longer possible. The USER is not permitted to circumvent this limitation by creating additional user accounts with free USAGE PLANS. The USER shall be at liberty to upgrade his user account to a fee-based USAGE PLAN. Similarly, a downgrade to a free USAGE PLAN is possible at all times.
- AMBIVERSE GMBH will inform any USER, existing at the time of change, of any changes to the scope of a USAGE PLAN according to the provisions stated in no. 13.
- Within the scope of a free USAGE PLAN, the USER is not entitled to any support. In order to obtain support services by AMBIVERSE GMBH, a separate order has to be placed with AMBIVERSE GMBH.
Functional Range of SERVICES, Data Sources
- The SERVICES are based on automated processing of the TEXTS provided by the USER via the API. There is no manual inspection or examination of the submitted TEXTS.
- According to no. 2.4, the recognition of ENTITIES in TEXTS via the ENTITY LINKING SERVICE is fully automated. The USER is aware that correct matching of the ENTITIES and correct resolution of linguistic ambiguity can never be fully guaranteed with this automated text analysis.
- The ENTITY LINKING SERVICE matches every name recognized in TEXT onto an ENTITY, which will be provided to the USER via the API. Additionally, a number between 0 and 1 will be assigned to every ENTITY. This number defines the confidence that the ENTITY was recognized and matched correctly and that linguistic ambiguities were resolved correctly. The more the number given by the ENTITY LINKING SERVICE approaches 1, the higher the confidence that the relevant ENTITY was recognized correctly. The USER understands that even a confidence of one hundred per cent, which would correspond to the number 1, does not imply a correctness of 100%.
- The USER is responsible to decide if the given confidence is sufficient for the USER’S purposes.
- When providing DATA, the SERVICES access the database YAGO, developed at Max Planck Institute for Informatics, which is used for the recognition of ENTITIES via the ENTITY LINKING SERVICE as well as for the retrieval of additional information by the KNOWLEDGE GRAPH SERVICE.
- The recognition of a name as ENTITY and the retrieval of additional information are only possible if the term and the relevant information are available in the database YAGO. YAGO database primarily accesses content from Wikipedia and WordNet.
- AMBIVERSE GMBH is not liable in terms of content for any DATA based on the YAGO database. In particular, AMBIVERSE GMBH cannot guarantee correctness of these DATA.
- The USER is aware that these DATA originate primarily from the public sources mentioned under section no. 6.6, and that the service of AMBIVERSE GMBH solely consists in the recognition and matching of ENTITIES and the retrieval of the relevant DATA via the API.
- Any recognition of ENTITIES in TEXTS and the retrieval of DATA are only possible in English, Spanish, Chinese, and German. TEXTS written in other languages cannot be processed and will not lead to any results.
Use of the API, Developer Documentation
- The use of SERVICES and the API is defined by the developer documentation which can be obtained at AMBIVERSE.COM. The USER may use the SERVICES and the API exclusively as described in the developer documentation in terms of form and scope. It is not permitted to circumvent any access options described in the developer documentation.
- Any activities of the USER, which exceed the access options, provided in the developer documentation, in particular, any activities which are intended to impede the use of AMBIVERSE for other USERS or render AMBIVERSE inoperable, are prohibited. This includes especially any activities which may impair the physical and logical structure of AMBIVERSE beyond any intended use, and/or may lead to an unusually high utilization rate of AMBIVERSE.
- It is solely permitted to obtain DATA provided by the SERVICES via the API following the developer documentation. The use of technical tools other than the API (e.g., Crawler, Spider, Screen Scraping, etc.) to obtain DATA is not permitted.
- According to the provisions stated in no. 13, AMBIVERSE GMBH will inform the USER of any changes to the developer documentation or the access to the API requiring an adjustment by the USER.
USER’S Liability, Transfer of Rights of TEXTS
- The USER is exclusively liable for the TEXTS provided by him via the API.
- The USER shall retain his copy-right and all industrial property rights of TEXTS, which he provides for analysis by means of the API.
- By providing TEXTS via the API, the USER grants AMBIVERSE GMBH the required, non-exclusive rights, unlimited in terms of time and place worldwide and free of charge, to use these TEXTS exclusively for the purpose of performance and the operation of AMBIVERSE, and solely within the required scope.
- AMBIVERSE GMBH has to store the TEXTS temporarily on a server to perform the SERVICES via the API. Thus, the right of use of AMBIVERSE GMBH especially includes the right to duplicate the TEXTS technically.
- By providing TEXTS via the API, the USER confirms that he possesses the required rights to grant AMBIVERSE GMBH the aforementioned rights, and that he is not aware of any conflicting rights of a third party.
- The USER shall be liable against AMBIVERSE GMBH for any damage that AMBIVERSE GMBH suffers, caused by any violation of his duties following the aforementioned regulations (no. 1 to no. 8), and shall indemnify AMBIVERSE GMBH against any third-party claims hereof. This does not apply if the violation is beyond his control. The USER is responsible for providing the evidence that this violation was beyond his control.
Liability of AMBIVERSE GMBH
- The USER’S claims of indemnification or replacement of wasted expenses against AMBIVERSE GMBH shall be determined by the following regulations, regardless of the legal status of the claim.
- Liability of AMBIVERSE GMBH is excluded – on whatever legal basis – unless the damage was caused by intent and/or gross negligence of AMBIVERSE GMBH, the staff, representatives, or vicarious agents of the AMBIVERSE GMBH. Provided that the liability of AMBIVERSE GMBH is excluded or limited, this shall also apply for personal liability of employees, representatives, or vicarious agents of AMBIVERSE GMBH.
- Liability of AMBIVERSE GMBH according to the German Product Liability Act (Produkthaftungsgesetz, § 14 ProdHG) remains unaffected.
- For any damages resulting from injury to life, body, or health, caused by an intentional, grossly negligent, or negligent breach of duty of AMBIVERSE GMBH or a legal representative or a vicarious agent of the AMBIVERSE GMBH, AMBIVERSE GMBH shall be liable according to the legal provisions.
- Provided that AMBIVERSE GMBH or a legal representative or a vicarious agent breaches a substantive contractual obligation – a duty, whose fulfillment is of particular importance for the achievement of the contractual purpose (substantive or material contractual obligation) – at least negligently, liability shall be limited to the damages typically arising, that is to such damages that have to be typically expected within the scope of the contract. A substantial or material contractual obligation in the aforementioned meaning is an obligation, whose fulfillment enables due execution of the contract altogether, which the USER regularly relies and may rely on.
Duration and Termination of the Owner and User Relationship
- The owner and user relationship with respect to AMBIVERSE is concluded for an indefinite period of time. The USER can transform a fee-based USAGE PLAN into a free USAGE PLAN at any time by adjusting the settings of his user account (downgrade). There is no period of notice.
- Furthermore, the USER can delete his user account at any time, hereby terminating the owner and user relationship with AMBIVERSE. For this purpose, the USER has to send an e-mail explicitly requesting his user account to be deleted to firstname.lastname@example.org using the e-mail address, which he registered at AMBIVERSE.COM.
- The user shall receive a confirmation of the deletion of his user account via e-mail, sent to the e-mail address registered at AMBIVERSE.COM. Subsequently, AMBIVERSE GMBH shall deactivate the user account of the USER after 10 working days (set inactive) and inform the user via e-mail. After deactivation, the user account may be reactivated upon request by the USER within 30 days starting with the day of the deactivation. After expiry of this period, the user account shall be deleted irrevocably, unless the USER refutes the deletion prior to the expiry of the aforementioned period.
- Within the scope of a free USAGE PLANS, AMBIVERSE GMBH is entitled to discontinue the operation of AMBIVERSE at any time and without giving any reason. In this case, AMBIVERSE GMBH will inform the USER about the discontinuation of the free USAGE PLAN of AMBIVERSE via e-mail sent to the e-mail address indicated upon the USER’S registration at AMBIVERSE.COM at least 30 days prior to the discontinuation.
- AMBIVERSE GMBH may block the account of a USER of AMBIVERSE at any time without prior notice if the content of the TEXTS provided by the USER is illegal or contra bonos mores, or if the USER is using the SERVICES contrary to the aforementioned provisions of no. 1 to 8.
- AMBIVERSE reserves the right to terminate fee-based USAGE PLANS with prior notice of 30 days.
- The right of AMBIVERSE GMBH to terminate a USAGE PLAN without notice for aggravated cause remains unaffected.
- Termination by AMBIVERSE must be in writing via e-mail sent to the e-mail address indicated upon the USER’S registration at AMBIVERSE.COM. Termination by the USER must be in writing or requires a downgrade to a free USAGE PLAN according to provision no. 10.1.
- The owner and user relationship ceases upon deletion of the user account.
Data Security and Privacy
- AMBIVERSE GMBH takes all technical and organizational measures required to ensure the security of the USER’S data at AMBIVERSE. AMBIVERSE GMBH, however, cannot assume unlimited responsibility for the integrity of AMBIVERSE.
- For the use of AMBIVERSE.COM, the data policy of AMBIVERSE GMBH applies, which can be obtained from AMBIVERSE.COM.
Language of the Provisions
Changes to Terms, Prices, and Plans, and their Availability
- AMBIVERSE GMBH reserves the right to change the present Term of Use in the future.
- AMBIVERSE GMBH will notify the USER prior to and about any changes of the GTC and all provisions referring to this number via e-mail sent to the e-mail address registered in his user account at AMBIVERSE.COM. In this case, the USER can terminate the user contract effective immediately within 14 days after gaining knowledge of the exact changes.
- If the USER does not terminate the contract within this deadline, he agrees to the changes. AMBIVERSE GMBH shall regard the continued use of AMBIVERSE as an agreement to the changed conditions if AMBIVERSE is used after the effective date of the changes of the GTC or other provisions referring to no. 13 for any changes.
- AMBIVERSE GMBH may appoint vicarious agents for the operation of AMBIVERSE.COM.
- The law of the German Federal Republic shall apply, under exclusion of the UN Convention on Contracts for the International Sale of Goods.
- If the USER is a merchant, a legal entity under public law, or a special fund under public law, exclusive court of jurisdiction for any conflicts arising from this contract shall be the place of business of AMBIVERSE GMBH in Saarbuecken, Germany.
- The same provisions shall apply if the USER is an entrepreneur and does not have a general court of jurisdiction in Germany, or if his domicile or habitual residence is unknown at the time when the lawsuit is being filed. AMBIVERSE GMBH’s right to appeal to a court at a different place of jurisdiction shall remain unaffected.