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Terms and Conditions for INTENT-01

Effective Date: 2025-08-15
Last Updated: 2025-08-15

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Open Telos GmbH ("Company," "we," "us," or "our") regarding your use of the INTENT-01 application ("the App") available on mobile and web platforms, which we distribute.

Company Information:
Open Telos GmbH (Distributor and Data Controller)
Grotfeldsweg 55
47506 Neukirchen-Vluyn
Germany
VAT ID: DE325263947
Register Court: Düsseldorf

Open Telos GmbH serves as the distributor and data controller for this App. The intellectual property is owned independently by the developer(s) and may be assigned to a separate entity in the future. No IP rights are transferred to Open Telos GmbH.

By accessing or using INTENT-01, you agree to be bound by these Terms. If you disagree with any part of these Terms, you must not use the App.

2. Eligibility

To use INTENT-01, you must:

  • Be at least 16 years of age
  • Have the legal capacity to enter into binding contracts
  • Not be prohibited from using the App under applicable laws
  • Provide accurate and complete registration information

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Security

You are responsible for all activities under your account. You must immediately notify us of any unauthorized use or security breach.

3.3 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. License and Intellectual Property

4.1 License Grant

The developer(s) of INTENT-01, through Open Telos GmbH as distributor, grant you a limited, non-exclusive, non-transferable, revocable license to use INTENT-01 for personal, non-commercial purposes, subject to these Terms.

4.2 Intellectual Property Rights

All rights, title, and interest in and to INTENT-01, including all intellectual property rights, remain with the independent developer(s) and their licensors. The App is protected by copyright, trademark, and other laws of Germany, the European Union, and international conventions. Open Telos GmbH holds no ownership rights to the App's intellectual property and acts solely as distributor.

4.3 Distribution Rights

Open Telos GmbH is authorized to distribute INTENT-01 and act as data controller but does not own the underlying intellectual property. The IP may be assigned to other entities in the future without affecting these Terms between you and Open Telos GmbH as distributor.

4.4 Feedback

Any feedback, suggestions, or improvements you provide regarding INTENT-01 will be shared with the developer(s) and may be used without compensation to you.

5. User Content

5.1 Your Content

You retain ownership of content you create or upload to INTENT-01 ("User Content"). By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content as necessary to provide the App services.

5.2 Content Responsibility

You are solely responsible for your User Content and must ensure it:

  • Does not infringe any third-party rights
  • Complies with all applicable laws
  • Does not contain harmful, offensive, or illegal material

5.3 Content Removal

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, without prior notice.

6. Prohibited Uses

You agree not to:

  • Use the App for illegal purposes or in violation of any laws
  • Infringe upon intellectual property rights of others
  • Upload malicious code, viruses, or harmful content
  • Attempt to gain unauthorized access to our systems
  • Harass, abuse, or harm other users
  • Use automated systems or bots without permission
  • Reverse engineer or attempt to extract source code
  • Sell, rent, or sublicense your access to the App
  • Misrepresent your identity or affiliation
  • Engage in any activity that disrupts or interferes with the App

7. Privacy and Data Protection

Your use of INTENT-01 is subject to our Privacy Policy, which is incorporated by reference into these Terms. By using the App, you consent to our data practices as described in the Privacy Policy.

8. Payment Terms (If Applicable)

8.1 Pricing

If the App includes paid features:

  • All prices are displayed in EUR unless otherwise stated
  • Prices include applicable VAT
  • We reserve the right to modify pricing with notice

8.2 Payment Processing

Payments are processed through secure third-party providers. We do not store complete payment information.

8.3 Refunds

Refund policies comply with EU consumer protection laws. You may be entitled to a refund within 14 days of purchase for digital services not yet accessed.

9. Disclaimers and Warranties

9.1 "As Is" Basis

INTENT-01 is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 No Guarantee

We do not guarantee that:

  • The App will be uninterrupted or error-free
  • Defects will be corrected
  • The App is free of viruses or harmful components
  • Results from using the App will meet your requirements

10. Limitation of Liability

10.1 Exclusion of Damages

To the maximum extent permitted by law, Open Telos GmbH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.

10.2 Maximum Liability

Our total liability for any claims under these Terms shall not exceed the amount you paid to us in the 12 months preceding the claim, or €100 if no payments were made.

10.3 Exceptions

These limitations do not apply to damages resulting from:

  • Intentional misconduct or gross negligence
  • Death or personal injury
  • Mandatory statutory liability under German law

11. Indemnification

You agree to indemnify, defend, and hold harmless Open Telos GmbH (as distributor), the developer(s) of INTENT-01, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified through:

  • Email notification
  • In-app notification
  • Prominent notice on our website

Continued use after changes constitutes acceptance of modified Terms.

13. Termination

13.1 Termination by You

You may terminate your account at any time through account settings or by contacting us.

13.2 Termination by Us

We may terminate or suspend your access immediately, without prior notice, for:

  • Violation of these Terms
  • Illegal activities
  • At our sole discretion with notice

13.3 Effect of Termination

Upon termination:

  • Your license to use the App ceases
  • You must stop using the App
  • We may delete your account and data per our retention policies
  • Provisions that should survive termination will remain in effect

14. Governing Law and Jurisdiction

14.1 Applicable Law

These Terms are governed by the laws of the Federal Republic of Germany, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts in Düsseldorf, Germany, unless you are a consumer residing in the EU, in which case you may bring proceedings in your country of residence.

14.3 EU Consumers

If you are a consumer residing in the EU, you benefit from mandatory provisions of the law of your country of residence.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating legal proceedings, parties agree to attempt resolution through good faith negotiations.

15.2 EU Online Dispute Resolution

EU consumers may use the Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

15.3 Alternative Dispute Resolution

We are not obligated to participate in dispute resolution proceedings before a consumer arbitration board.

16. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect. The invalid provision will be replaced with a valid provision that achieves the original intent.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Open Telos GmbH regarding INTENT-01.

18. Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

19. Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Failure to enforce any right or provision shall not constitute a waiver.

20. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, or acts of civil or military authorities.

21. Notices

21.1 To You

We may provide notices through:

  • Email to your registered address
  • In-app notifications
  • Posted notices on our website

21.2 To Us

Send notices to: Open Telos GmbH
Grotfeldsweg 55
47506 Neukirchen-Vluyn
Germany
Email: [Insert Legal Contact Email]

22. Language

These Terms are drafted in English and German. In case of discrepancies, the German version prevails for contracts with German residents.

23. Contact Information

For questions about these Terms, please contact:

Open Telos GmbH
Grotfeldsweg 55
47506 Neukirchen-Vluyn
Germany
Email: severin.deutschmann@opentelos.net
VAT ID: DE325263947

By using INTENT-01, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.