Terms of Use

Valid as of July 2024

1 Terms of Use

These terms of use apply to the use of any website operated by Mindbreeze GmbH, Honauerstrasse 2, 4020 Linz, Austria (subsequently referred to as "Mindbreeze") and to all content, particularly information, developer tools, download areas, discussion forums, blogs, etc. included on these pages (subsequently referred to as "content"), regardless of whether this website is hosted and/or operated by Mindbreeze itself or by a third party.

Mindbreeze only permits you to view and download the content of this website for personal use and for non-commercial purposes. The content of this website is protected by copyright; existing copyright and ®/© notices must be left unaltered.

Mindbreeze reserves the right to alter and/or modify the term of use at any time without notice. The user undertakes to observe the current terms of use applicable at the time of use and will familiarize himself with any possible alterations to these before using the website.

2 Intellectual property

The entire content of this website (including all documents and text), as well as all rights to copyrights, rights of use, intellectual property, patent or trademark rights—but not limited to these—shall remain the property of Mindbreeze or its licensors.

Any reproduction, manipulation, circulation or other use of the content is expressly prohibited, unless its has been approved in writing in advance. All content and software displayed or made available to download on Mindbreeze websites and in the context of its services is protected by copyright.

All trademarks indicated are registered trademarks of Mindbreeze or its suppliers. Protected trademarks owned by Mindbreeze, in particular its name, company, brand and logo, may only be used with express written permission.

3 AI functions on the website

The AI terms and conditions only apply to the AI functions that Mindbreeze makes available to website users on the individual pages.

3.1 Definitions

“AI function(s)” is/are all parts of the service, including any Mindbreeze AI tools, that use large language models ("LLMs") or other machine learning ("ML") and/or artificial intelligence ("AI") to generate output that has significant generality and is capable of competently performing a wide range of different tasks, also when trained with a large amount of data using large-scale self-supervision, and which can be integrated into a variety of downstream systems or applications.
“Large language models (“LLMs”)” are powerful AI models that have been trained (pretrained) with large amounts of freely available information, for example from websites or other sources, to understand human language and generate human-like responses. “Input(s)” is/are all data, content or materials that the website user transmits to Mindbreeze's AI functions, such as text input, in order to obtain a generated output.  

“Output(s)" is/are the resulting text or other content that is provided to the website user as part of the services and/or the AI functions of Mindbreeze based on the input.

3.2  Use of input und output

Mindbreeze's AI functions may require you to provide input that is used by said functions to generate output. As between you and Mindbreeze, and to the extent permitted by applicable law, you retain the proprietary rights to the inputs. Mindbreeze remains the proprietor of the outputs.

If you consent (or do not object) to Mindbreeze's use of the input and output to improve the AI functions, you hereby grant Mindbreeze a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use your input.

3.3  Restriction on the use of AI functions

The website user shall ensure that his/her input and the use of Mindbreeze AI functions do not violate applicable law. Furthermore, the customer shall not allow himself or others to:

  • use the AI functions or inputs or outputs to infringe any third party rights, including intellectual property rights, 
  • use the AI functions or any inputs or outputs to develop, train or improve AI or ML models (apart from authorized use of the services under the agreement),
  • represent any output as an original work or as a work created entirely by humans or as approved or reviewed by Mindbreeze, 
  • use the AI functions for automated decision making or other processes that have legal or similarly significant effects on individuals, except with appropriate human review and in compliance with all applicable laws
  • use AI functions for purposes or with effects that are illegal, discriminatory, harassing, biased, harmful or unethical,
  • develop baseline models or other large-scale models that compete with Mindbreeze AI functions, 
  • generate spam or other content to be distributed for illegal activities or in connection with election campaigns at all levels of government, or to abuse, damage, interfere with or disrupt services (or enable others to do so), 
  • use the services in a manner that is outside the scope of this agreement.

3.4  Warranty and liability

Due to the nature of the AI functions, Mindbreeze gives no assurance or warranty: (a) that the output does not contain or reflect any third-party content or materials, or (b) that the output does not infringe any third-party intellectual property rights.

Mindbreeze does not guarantee or warrant the accuracy, completeness or timeliness of the results. Therefore, the website user should independently review and verify all results for usefulness, appropriateness, accuracy, fitness for purpose and any other characteristics relevant to the website user's use cases and/or applications. The website user bears sole responsibility for the content of the input and his/her use of the results. In order to avoid any misunderstanding, the warranty disclaimers and limitations of liability set forth in the agreement shall also apply to the website user's use of the AI functions.  

3.5 Third party terms and conditions

Mindbreeze uses technology from third-party providers to make the AI functions available to you. If Mindbreeze third party providers require us to inform you of additional terms and conditions as set out in the Mindbreeze third party provider list, these shall be binding on you. Mindbreeze will inform you of these terms through announcements on its customer-facing website.

4 Privacy and data protection

Due to the nature of the business, data protection is of particularly high importance to the Fabasoft Group. Exactly how Mindbreeze uses and protects personal data, will be outlined in more detail in our privacy statement https://www.mindbreeze.com/privacy .

5 Content provided by Mindbreeze

5.1 Marketing resources

Users are required to print or distribute the content in such a way that the following is guaranteed:

  • the use and distribution of the content is exclusively personal and non-commercial.
  • all rights set out in section 2 "Intellectual property" and similar references are retained.
  • the use of our content must not give the impression that Mindbreeze is making an endorsement of its products or services.

5.2 Support resources

Mindbreeze support resources, such as Documentation, Q&A forum and Support Desk, contain empirical values and information on specific problems from the past. This content is for information purposes only and may not be used commercially. Mindbreeze assumes no responsibility for the accuracy of the information or for the fact that the solutions presented in the support resources will actually lead to the desired success or meet the user's expectations. Users acknowledge that the contents presented are abbreviated or summarised representations of a possible solution approach. In particular, Mindbreeze shall not be liable for the fact that the content can be used on every system, that it does not cause any damage to hardware or software or data nor for any consequential damage this might give rise to.

6 Links

Third-party links are provided for the convenience of our users. Since Mindbreeze has no influence over the content of these websites, Mindbreeze does not adopt this content as its own and shall not be held responsible or liable for it.

7 Exemption from Liability

Liability claims against Mindbreeze, its employees or the person responsible for this website for material or immaterial damage arising directly or indirectly from the use of this website or the use of the AI functions on the website are excluded.

Fabasoft is in no way liable or responsible for user content published on or linked to a website of the Fabasoft Group, including but not limited to errors or omissions in the content, or for loss or damage of any kind arising from the use of or reliance on content or other materials accessible on or via a Fabasoft website and made available by third parties.

8 General Information, Place of Jurisdiction, Applicable Law

This website is controlled, maintained and managed by Mindbreeze from its head office in Austria.

Austrian law shall apply, with the exception of the United Nations Convention on Contracts for the International Sale of Goods and with the exception of the conflict of laws rules of international private law. The sole place of jurisdiction shall be the competent court in Linz or, at Mindbreeze's option, also the contractual partner's general place of jurisdiction or place of jurisdiction designated by law.

Should any provision of these terms of use be or become invalid or unenforceable, this shall in no way affect the validity or enforceability of the remaining provisions. The parties declare that they will replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic content of the original provision.

9 Authoritative Version

This agreement was originally drawn up in German and translated into English. In the event of discrepancies between the versions and/or vagueness in the translation, the German version shall be authoritative.