1. Impressum

Please go to the contact page to get in touch with Albatross.

2. Access

We reserve the right to restrict certain areas of this Site to approved registered users. In the event that any area of the Site requires you to register with us prior to obtaining access, you agree to provide true, accurate, current and complete details, including but not limited to a username and password as well as your name, address, telephone number and a valid email address ("Account Information"). You agree to update your Account Information as necessary to keep it accurate. Albatross will use your Account Information in accordance with its Privacy Notice.

You agree to notify us immediately of any unauthorised use of your username, password or account. Albatross will not be responsible for any losses arising out of the unauthorised use of your account and you agree to indemnify Albatross for any improper, unauthorised or illegal uses of your account.

Any use of the Site not specifically permitted under these Terms is strictly prohibited.

3. Intellectual Property

You acknowledge that Albatross owns or has a license to all title and copyright in and to the content provided on this Site, including but not limited to AI models, algorithms, training methodologies, and AI-generated outputs. All title and intellectual property rights in and to any licensed content provided on this Site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without Albatross's express prior written consent and, if applicable, the holder of the rights to the User Generated Content.

Any modification, transmission, copying or use of the content of this Site for public or commercial purposes is prohibited without our express written consent. The following are registered trademarks or trademarks of Albatross: Albatross.AI and its design logo, as well as certain other Albatross trademarks, service marks, graphics, and logos (collectively, the "Albatross trademarks") used in connection with Albatross's provision of products and services. The Site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the Albatross trademarks or the trademarks of any third-party.

AI Specific Intellectual Property: You acknowledge that Albatross's AI models, algorithms, machine learning systems, training data, and related technology constitute valuable proprietary information and trade secrets. You may not attempt to extract, reverse engineer, or recreate any AI models or algorithms used by Albatross. Any outputs generated by Albatross's AI systems remain subject to Albatross's intellectual property rights in the underlying technology.

4. Confidential Information

"Confidential Information" shall mean any and all of Albatross's trade secrets, confidential and proprietary information, intellectual property and all other information and data of Albatross that is not generally known to the public or other third-parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, AI models and algorithms, training data, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Albatross or Albatross's business, operations or properties, including information about Albatross's staff, users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

You may not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information to any third-party, unless you have Albatross's express written permission from an authorised Albatross representative. You shall not be entitled to rely on any presumption that a person was suitably authorised as an Albatross representative unless they were, in fact, suitably authorised. You shall promptly notify Albatross in writing of any circumstances that may constitute unauthorised disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorised disclosure, transfer or use.

5. Restrictions

You agree that you will not: (i) use the Site to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without Albatross's express written permission; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Site; or (iii) use our Site in any way that violates these Terms.

You agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information; (c) send chain letters or pyramid schemes via the Site; (d) attempt to gain unauthorised access to other computer systems through the Site; (e) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (f) use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site; (g) use the Site for any purpose or in any manner that infringes the rights of any third-party; or (h) attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Site.

AI-Specific Restrictions: You further agree that you will not: (i) use any AI models, algorithms, outputs, or insights obtained through the Site to develop competing AI products or services; (ii) attempt to extract, reverse engineer, or recreate any AI models, training data, or proprietary algorithms used by Albatross; (iii) use the Site or any AI features to generate content that violates applicable laws, including but not limited to content that infringes intellectual property rights, violates privacy rights, or constitutes misinformation or deepfakes designed to deceive; or (iv) use any AI outputs or generated content from our Site for purposes of training machine learning models without our express written permission.

6. User Generated Content

"User Generated Content" is defined as any content, information, data, and materials that may be textual, audio, or visual that you provide, submit, upload, publish, or make otherwise available to the Services and our users, excluding Albatross proprietary information. You acknowledge and agree that Albatross:

• Disclaims any responsibility for User Generated Content.
• Cannot be liable for claims arising out of or relating to User Generated Content.
• Is not obligated to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Services at its sole discretion.

You hereby represent and warrant to Albatross that your User Generated Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not infringe on any third-party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (iii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (iv) will not be defamatory, unlawfully threatening, or unlawfully harassing; (v) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) will not represent you being employed or directly engaged by or affiliated with Albatross or purport you to act as a representative or agent of Albatross; and (vii) will not create liability for Albatross or cause Albatross to lose (in whole or in part) the services of its suppliers.

7. Privacy and Data Protection

Unless otherwise addressed in these Terms, your use of this Site is subject to Albatross's Privacy Notice. We comply with Switzerland's revised Federal Act on Data Protection (revFADP), which came into force on 1 September 2023, and align with key principles of the EU General Data Protection Regulation (GDPR) for visitors in the European Economic Area and the United Kingdom.

AI and Personal Data: We do not use your personal data to train our artificial intelligence models without your explicit consent. Where AI systems process your data, we provide transparency about such processing in our Privacy Notice and ensure appropriate safeguards are in place.

Other than personally identifiable information, which is covered under our Privacy Notice, any material you transmit or post to the Site shall be considered non-confidential and non-proprietary. Albatross shall have no obligations with respect to such material. Any communications and other material which you transmit or post to this Site is and shall remain as our property and by sending the same you agree that we may use the same for any purpose whatsoever, without any compensation being payable by us to you.

8. Disclaimer

The Site is provided to you "as is". Any use of this Site is at your own risk. To the maximum extent permitted by law, Albatross excludes all warranties, either express or implied (including, but not limited to, implied warranties of satisfactory quality, fitness for purpose and the use of reasonable care and skill). Albatross makes no representations, warranties or guarantees that this Site will be free from corruption, attack, viruses, interference, hacking, or other security intrusion.

Whilst we have worked diligently to provide accurate and complete information, we will not be liable to any person for any loss or damage which may arise directly or indirectly from the use of this Site (or any inability to use it) or any of the information contained on this Site. Information on this Site is subject to the possibility of errors, omissions, change of price, or other conditions, or withdrawal without notice. Any projections, opinions, assumptions or estimates contained within this Site are not guaranteed and may not represent current or future performance.

AI-Specific Disclaimers: AI-generated content may contain errors, inaccuracies, or biases and should not be relied upon as a substitute for professional advice (legal, financial, medical, or otherwise). AI outputs are generated based on probabilistic models and should be reviewed and verified before reliance or use. We do not warrant that AI systems will be free from errors or will always produce optimal results.

9. Transparency Regarding AI Systems

In line with Swiss AI policy and the EU Artificial Intelligence Act, we provide the following information about our use of AI systems:

AI Features: We use artificial intelligence and automated systems for various purposes, including but not limited to content recommendations and personalization, security threat detection and prevention, website analytics and optimization, and customer support features (where deployed).

Interaction with AI: Where you are interacting with an AI system (such as a chatbot or automated assistant), we will clearly indicate this through appropriate notices or labeling.

Limitations: Our AI systems have limitations. They may occasionally produce inaccurate, incomplete, or misleading information. They reflect patterns in their training data and may have biases or limitations based on that data.

No Automated Decision-Making with Legal Effect: We do not currently make solely automated decisions through this Website that produce legal effects concerning you or similarly significantly affect you. If we introduce such automated decision-making in the future, we will provide you with clear notice, explanation, and the right to human intervention and to contest the decision, in compliance with Swiss revFADP Article 21 and, for EEA/UK visitors, GDPR Article 22.

10. Liability

Nothing in these Terms operates to restrict Albatross's liability for death or personal injury arising as a result of negligence or for fraudulent misrepresentation, for gross negligence, or for unlawful intent (fraud).

In no event will Albatross be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, even if Albatross has been advised of the possibility of such damages. No oral or written information or advice given by Albatross or others will create a warranty and neither you nor any third-party may rely on any such information or advice.

If, notwithstanding the foregoing exclusions, it is determined that Albatross and its affiliates are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the lower of (i) the total fees paid by you to Albatross during the six months prior to the time such claim arose or (ii) one hundred Swiss Francs (CHF 100), to the extent permitted by applicable law.

11. Indemnity

You will indemnify and keep indemnified Albatross against all losses, costs, claims, demands or expenses (whether direct or indirect) arising out of (i) any claim that your operation, possession or use of the Site or any part of it in contradiction of these Terms in any way, or any materials or information you submit to us, infringes the copyright or intellectual property rights of any third-party; or (ii) your use or misuse of the Site.

12. Changes to these Terms

Albatross reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including these Terms and Privacy Notice) and review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information through the Site at any time, effective with or without prior notice and without any liability to Albatross. Albatross will endeavour to notify you of material changes, but will not be liable for any failure to do so. Your continued use of the Site following any revision to this Agreement constitutes your acceptance of any and all such changes. Albatross may also impose limits on certain features or restrict your access to part or all of the Site without notice or liability.

13. General

Compliance with Laws: You agree that you will comply with all relevant laws applicable to your use of this Site.

Third-Party Content and Advertising: Albatross or its business partners may present advertisements or promotional materials on or through the Site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third-party and your participation is subject to the terms and conditions associated with that advertisement or promotion. Albatross is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party materials on the Site.

Third-Party Links: Links on this Site may lead to third-party websites. The content, accuracy and function of such websites is outside of Albatross's control and we cannot accept any responsibility for those websites, nor do we endorse the content of such third-party websites. In particular, any dealings that you have with such third-party website operators shall be on the terms and conditions (if any) of that website operator.

Suspension and Termination: Access to all or any part of the Site may be suspended temporarily and without notice. Should Albatross elect, in its sole discretion, to terminate or limit your use of the Site, these Terms will remain enforceable against you, in particular, as relates to appropriate legal action which may be necessary for the protection of Albatross's rights. Albatross is not liable to you for any modification or discontinuance of all or any portion of the Site. Albatross has the right to restrict anyone from completing registration as a user if Albatross believes such person may threaten the safety and integrity of the Site, or if, in Albatross's discretion, such restriction is necessary to address any other reasonable business concern.

Severability: If any provision of these Terms is held by a court to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver: Failure by Albatross to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

Entire Agreement: These Terms set out the entire agreement and understanding between the parties in connection with the use of this Site. For the avoidance of doubt, this shall exclude written agreements concluded by the parties for the provision of Albatross's AI services or platform.

Governing Law and Jurisdiction: These Terms are governed by Swiss law and you agree to submit to the exclusive jurisdiction of the Swiss courts.

Export Controls: The Site and the services provided through it may be subject to export control laws and regulations of Switzerland, the European Union, the United States, and other jurisdictions. You agree to comply with all applicable export and re-export control laws and regulations.