Terms of Service

These Terms of Service (the “Terms” or this “Agreement”) govern your use of the services provided by Agent Berlin, including the Agent Berlin website (the “Site”), the Agent Berlin client software, documentation, and any other software or services associated with Agent Berlin (collectively, the “Agent Berlin Services” or the “Services”).

By accessing and using agentberlin.ai or utilizing our services, you signify your agreement to be bound by these Terms. If you do not agree with these Terms, please refrain from accessing or using the Services. The Agent Berlin Services are available to individuals and to companies that are legally licensed and permitted to conduct business. You affirm that (a) if you are an individual, and (b) if you are a company, (i) you are appropriately licensed and legally allowed to conduct business, and (ii) the individual accepting these Terms on your behalf is authorized to do so.

Agent Berlin may modify these Terms at any time, and such modifications will be effective immediately upon posting on the Site. It is your responsibility to review the Terms periodically to ensure awareness of any changes.

This Agreement includes Agent Berlin’s Privacy Policy, which is accessible at privacy policy. Please review it to understand how we manage personal information.

Account Creation and Responsibility

To use the Service, you must create an account by registering with an email address or using Gmail OAuth (additional authentication options may be available in the future). You must ensure that the information provided during registration is accurate and complete. You are solely responsible for maintaining the confidentiality of your account information. Any unauthorized access must be reported to us at hello@agentberlin.ai, and we can mark the account as deactivated. Remember, your account’s security is also dependent on the OAuth or email provider used for registration, so be sure to follow best practices in those areas as well.

By creating an account and using the Agent Berlin Services, you agree to subscribe to our marketing newsletter, promotional communications, and occasional product updates. These communications are designed to keep you informed about the latest developments, offers, and news related to Agent Berlin. We respect your privacy and ensure that all our marketing communications adhere to legal standards and provide an easy and straightforward way to opt out or unsubscribe at any time. You can modify your communication preferences or opt out of receiving these communications by following the instructions provided in the emails. Please note that opting out of marketing communications does not affect the receipt of important service-related communications related to your account.

Fees and Payments

All Agent Berlin Services are provided on a fee basis. You agree to pay Agent Berlin the fees for each Service you purchase or use, in line with the pricing and payment terms presented to you for that specific Service. You hereby authorize Agent Berlin to charge your credit card or other payment methods on a credit basis, as set out in the pricing and payment terms, in advance of providing the Services. Services may be interrupted on accounts that are past due, and fees paid by you are non-refundable for used credits, except as provided in these Terms or as required by law. Accounts not collectible by Agent Berlin may be handed over to an outside collection agency.

You may cancel your use of the Services at any time as noted on our dashboard. Understand that you will not receive a refund or credit for any used credits. Unused credits can be refunded by sending an email to hello@agentberlin.ai.

Subject to the Terms, certain Agent Berlin Services might be provided to you free of charge, up to specific limits. Usage exceeding these limits requires purchasing additional resources or Services, and Agent Berlin may limit your access or usage until the necessary payment is made. You acknowledge that Agent Berlin may change the specified rates and charges from time to time.

Agent Berlin may introduce subscription plans in the future. The terms and conditions for such subscription plans will be provided at the time of introduction and will be incorporated into these Terms.

Agent Berlin is not responsible for any extra bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Agent Berlin. Currency exchange settlements are based on agreements between you and your credit card provider.

User Data Collection and Privacy

You must ensure that Agent Berlin is entitled to use any data, information, or material provided, submitted, or otherwise made available by you or on behalf of you to Agent Berlin in the course of using the Agent Berlin Services (“Customer Data”) as needed to provide you with the functionality of the Agent Berlin Services. We collect various types of Customer Data, including your email address, operating system, IP address, and any files you upload. These details might be saved in our database or logs.

Additionally, we use cookies for authentication to enhance your user experience. By using our Services, you consent to our use of cookies and the collection and processing of the Customer Data in accordance with our Privacy Policy, located at https://agentberlin.ai/privacy-policy.

Agent Berlin is committed to data privacy and protection. While we have not yet verified our compliance with the General Data Protection Regulation (GDPR) for users in the European Economic Area (EEA), we are open to investing time and resources to meet these standards if required by our clients. For detailed information on how we handle and process personal data in compliance with GDPR, please refer to our Data Processing Agreement, which will be provided upon request.

You acknowledge and agree that Agent Berlin may use Customer Data to improve your use of the Agent Berlin Services and may use aggregated and anonymized Customer Data to improve the Agent Berlin Services generally. We may also access, preserve, and disclose your account information and other Customer Data if required to do so by any applicable law or if we in good faith believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with any applicable legal process; (ii) enforce this Agreement; (iii) respond to claims that any Customer Data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Agent Berlin, its customers, and/or users, and/or the public. In no event shall Agent Berlin or its designees have any liability or obligation to you in connection with exercising any rights set forth in this Section.

Please note that you may not use the Services if you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.

Usage Restrictions

By using the Agent Berlin Services, you agree that you will not duplicate, distribute, modify, translate, reverse engineer, attempt to discover the underlying code, or create derivative works from the Agent Berlin Services or any content related to the Service. You also agree not to lease, resell, assign, or otherwise provide access to the Agent Berlin Services to third parties, or use the Service in a way that competes with Agent Berlin’s business.

You must not transmit or store unlawful content through the Agent Berlin Services, including but not limited to, content that infringes upon third-party rights or is threatening, libelous, or obscene. Engaging in deceptive activities, such as “phishing,” or using the Agent Berlin Services in a manner that may mislead others, is also prohibited.

Using the Agent Berlin Services to create or disseminate malicious software, such as viruses, worms, or Trojan horses, or to engage in activities that compromise the security or integrity of the Service, is not allowed. You must not violate any local, state, federal, or international laws, regulations, or third-party rights while using the Agent Berlin Services. Finally, you must not use the Agent Berlin Services in any way that conflicts with this Agreement or the rights and interests of others.

Termination Policy

Agent Berlin reserves the right to terminate or suspend your account and access to our services at any time, without notice, for conduct that violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

Newsletter Subscription

By creating an account with Agent Berlin, you acknowledge and agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us directly.

Updates and Changes

Agent Berlin may change these Terms from time to time. Your continued use of our services constitutes acceptance of any changes. We will notify registered users of significant updates via email.

Fair Use Policy

Agent Berlin assumes its users will utilize the free services fairly and responsibly. To ensure the quality and availability of these services for all users, Agent Berlin may impose limits on the number of API calls or usage of free services within the user interface. This measure aims to prevent system abuse and guarantee fair resource allocation. Agent Berlin reserves the right to monitor the usage of these free services to uphold this Fair Use Policy. Users observing potential policy breaches are urged to contact hello@agentberlin.ai. Agent Berlin is committed to investigating such reports diligently and taking necessary actions to maintain policy integrity.

Intellectual Property Rights and Content Usage

Agent Berlin exclusively owns all rights, title, and interest in and to the Agent Berlin Services, including designs, text, graphics, software, and other materials associated with the Services. These are protected by applicable copyright laws, and the use of trademarks, slogans, or any likeness is strictly prohibited without prior written consent from Agent Berlin.

You are granted a limited, non-sublicensable license to access and use Agent Berlin Services solely for the intended purpose. This license does not permit modification, reverse engineering, or any use that violates this Agreement.

You may have opportunities to submit, post, or share content via Agent Berlin Services (“User Content”). You retain all rights, title, and interest in and to your User Content. By using the Agent Berlin Services, you grant Agent Berlin a worldwide, irrevocable, perpetual, royalty-free license to use, store, and process your User Content solely for the purpose of providing the Services to you. Agent Berlin will not use your User Content for any other purposes without your explicit consent.

You also agree that your content is not confidential and waive any moral rights or rights of attribution in your content. Agent Berlin reserves the right to review, censor, or remove any User Content, and you may report inappropriate content at hello@agentberlin.ai.

Agent Berlin may include Third Party Content or links to third-party websites. Agent Berlin does not monitor, control, or endorse any Third Party Content and is not responsible for its accuracy or content. You use these links and Third Party Content at your own risk and should review their terms and policies.

You understand that Agent Berlin has no obligation to display, review, or exploit any User Content and disclaims any warranties or guarantees with respect to User Content. Agent Berlin shall not be liable for misuse, loss, or damage incurred from User Content or Third Party Content.

By using Agent Berlin Services, you agree to these terms and acknowledge that violation of these terms may lead to termination of access or legal action. If you post Third Party Content, you indemnify and will hold Agent Berlin harmless for any damages resulting from such posting.

Agent Berlin reserves the right to alter, delete, or otherwise make unavailable any User Content without notice, at its sole discretion. Your use of the Agent Berlin Services is at your own risk, and you bear all risks associated with any User Content that may be offensive, indecent, or objectionable to you.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF AGENT BERLIN SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE EXTENT ALLOWED BY APPLICABLE LAW, AGENT BERLIN EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AGENT BERLIN MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT: (A) THE SERVICES WILL FULFILL YOUR SPECIFIC NEEDS, OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT ALLOWED BY APPLICABLE LAW, AGENT BERLIN SHALL NOT BE LIABLE TO YOU UNDER BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY (A) FOR ERRORS IN THE SERVICES OR MATERIALS, LOSS OR INACCURACY OR CORRUPTION OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR LOSS OF PROFITS OR BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF AGENT BERLIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (C) FOR ANY MATTER BEYOND AGENT BERLIN’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS EXCEEDING THE AMOUNT PAID OR PAYABLE BY YOU TO AGENT BERLIN FOR THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.

Indemnification

YOU AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY AGENT BERLIN, AND ITS SUBSIDIARIES, ASSOCIATES, OFFICERS, REPRESENTATIVES, EMPLOYEES, PARTNERS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ANY THIRD-PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO YOUR OR YOUR LICENSEES’ (INCLUDING BUT NOT LIMITED TO YOUR CLIENT LICENSEES’) (A) BREACH OF THESE TERMS, (B) UTILIZATION OF THE SERVICES OR MATERIALS, OR (C) NON-COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS, OR RULES IN CONNECTION WITH THE SERVICES, OR ARISING FROM CONTENT MADE AVAILABLE THROUGH YOUR OR YOUR LICENSEES’ (INCLUDING BUT NOT LIMITED TO YOUR CLIENT LICENSEES’) CONNECTIONS, INCLUDING ANY LIABILITY OR EXPENSE STEMMING FROM CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LEGAL PROCEEDINGS, AND LEGAL FEES, OF EVERY KIND AND DESCRIPTION.

Contact Information

For questions or concerns, please contact us at hello@agentberlin.ai.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Service operates, without regard to its conflict of law provisions.

By using the Service, you agree to submit to the exclusive jurisdiction of the courts located in the jurisdiction in which the Service operates to resolve any legal matter arising from the Terms.

Waiver and Severability of Terms

The failure of Agent Berlin to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Should a court of competent jurisdiction find any provision of these Terms invalid, the parties still agree that the court should strive to honor the intentions as expressed in the provision, and all other provisions of these Terms shall continue to be in full force and effect.

Statute of Limitations

You concur that, notwithstanding any statute or law to the contrary, any claim or cause of action by you emerging from or connected to the use of the Agent Berlin Services or these Terms must be filed within one (1) year following the origin of such claim or cause of action, or else it shall be permanently barred.