Terms of Use

1. Introductory Provisions

1.1. These terms govern the use of the NCM software (hereinafter the "Software"), developed by OpenTechLab Jablonec nad Nisou (hereinafter the "Provider").

1.2. Age restriction: The Software is intended for persons over 18 years of age. Persons under 18 may only use the software under the supervision of a legal guardian.

2. Disclaimer of Warranties and Indemnification

2.1. You expressly acknowledge and agree that use of the NCM Memory is at your sole risk and that the software is provided "as is" and "as available" without warranty of any kind, including, but not limited to, any warranty regarding the timing, frequency, or implementation of the distribution of any product updates.

2.2. Use of the NCM software and any material downloaded or otherwise obtained through the use of the software is at your own discretion and risk, and you are solely responsible for any damage to your computer system or other device or loss of data that results from such use.

2.3. The Provider shall not be liable in particular, but not exclusively, for: (a) Loss or damage to data (including data stored in the software). (b) Content generated by the Large Language Models (LLMs) to which the Software connects. (c) Any financial costs associated with the use of third-party APIs (e.g., token fees from OpenAI, Anthropic, Google).

2.4. The Provider further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

2.5. You expressly acknowledge and agree that the Provider shall not be liable to you under any theory of liability for any direct, indirect, incidental, special, consequential or exemplary damages that may be incurred by you, including any loss of data, whether or not the Provider or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

2.6. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Provider, its respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or accruing from (a) your use of the Software in violation of these terms or any applicable laws or regulations, (b) your Product that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and (c) any third-party claims arising out of your use of the Software or components related thereto.

2.7. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Provider, its directors, officers, employees and agents from and against any and all third-party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of any taxes related to your distribution of a Product created via the software.

3. Access and License

3.1. Access to the NCM Memory is granted upon registration.

3.2. The Provider grants the User a non-exclusive, non-transferable, non-commercial license for the personal use of the Software for the duration according to the purchased Plan and these terms of use.

3.3. The Provider reserves the right to terminate access to individual Users in the event of a breach of these terms, with immediate effect.

4. Payment Terms and Refund Policy

4.1. Payment Processing and Service Activation: For users within the Czech Republic, payment via QR code (bank transfer) is currently available. Service activation and the whitelisting of your API key occur only after the successful crediting of the payment to our bank account. You will be notified by email upon successful receipt of payment and access activation, which will also include a tax document (invoice). For international payments (outside the Czech Republic), we are currently preparing an integration with a Merchant of Record.

4.2. Non-Refundable Payments: All payments for purchased Plans are final and non-refundable. The Provider does not offer any refunds, financial compensation, or money back for unused or partially used Plans, even if the User does not use the Software.

4.3. Exclusion of the Right of Withdrawal: The User, as a consumer, expressly acknowledges and agrees that by registering, paying, and making the Software available, digital content is supplied online before the expiration of the statutory withdrawal period. Therefore, in accordance with Section 1837(l) of the Civil Code (Act No. 89/2012 Coll.), the User does not have the right to withdraw from the contract without giving a reason within 14 days of purchase.

4.4. Statutory Exceptions: The provisions of Articles 4.2 and 4.3 shall not apply in cases where a refund is explicitly required by valid legal regulations of the Czech Republic (in particular, a justified claim due to an irremovable defect of the Software that makes it completely unusable, or if the Provider demonstrably fails to deliver the performance in accordance with the contract).

5. Data Security and API Keys

5.1. Local storage of keys: All credentials for AI models (API keys for OpenAI, Google, Anthropic, and other services) are stored exclusively locally on the User's device (e.g., in a configuration file on the disk). These credentials are never sent to the Provider's (OpenTechLab) servers and are not collected or backed up by the Provider in any way.

5.2. Transmission security: Communication between the Software and the AI model provider's servers (OpenAI, Google, Anthropic) takes place directly from the User's device and is secured using standard SSL/TLS (HTTPS) encryption protocols. However, the Provider has no control over the security policies of these third parties.

5.3. Responsibility for keys: The User bears full and exclusive responsibility for the secure handling of their API keys and for securing their device against unauthorized access (e.g., malware). The Provider bears no responsibility for the loss, theft, leakage, or misuse of the User's API keys or for any damages caused thereby.

5.4. Sensitive data: Do not include in conversations:

• Credentials, passwords, or API keys for other services
• Credit card numbers or bank information
• Personally identifiable information (social security numbers, passport numbers)
• Medical records or confidential business information

Conversations may be reviewed by employees of third parties (OpenAI, Anthropic, Google) for the purpose of debugging and improving services. The Provider has no control over the security policies of these third parties.

6. Restrictions on Use

The User agrees not to use the Software to:

• Create illegal, hateful, or harmful content.
• Operate critical systems where a software error could lead to a threat to life or property damage.
• Reverse engineer, decompile, or attempt to circumvent the software's licensing mechanisms.

7. Feedback

7.1. The User agrees that the Provider may use freely and without compensation any ideas, bug reports, or suggestions for improvement provided by the User.

8. Intellectual Property

8.1. Software: All rights to the Software, including source code, design, and documentation, remain the property of the Provider.

8.2. User data: Conversation content and memory traces (data) created by the User remain the property of the User.

8.3. Feedback: Ideas, suggestions, and bug reports provided by the User become the property of the Provider and can be used freely without entitlement to remuneration.

9. Personal Data Protection (GDPR)

9.1. Data Controller: OpenTechLab Jablonec nad Nisou s.r.o., registered office at B. Němcové 10, Jablonec nad Nisou, Laboratory II, Palác JBX, Palackého 41, Jablonec nad Nisou

9.2. Scope of processing:

• Email address
• Technical data
• Usage metadata

9.3. Purpose of processing: Providing access to NCM, technical support, collecting feedback for development.

9.4. Legal basis: User consent (Article 6(1)(a) GDPR).

9.5. User rights: The user has the right to access data, correct it, erase it, restrict processing, and data portability. Consent can be withdrawn at any time.

9.6. Retention period: Email and metadata will be kept for the duration of the active Plan + 30 days after its termination, unless the User requests earlier deletion.

9.7. Contact: opentechlabⓐopentechlab.cz

10. Governing Law and Dispute Resolution

10.1. These terms are governed by the laws of the Czech Republic.

10.2. All disputes will be resolved before the competent court of the Czech Republic.

10.3. The User has the right to contact the supervisory authority – the Office for Personal Data Protection (www.uoou.cz).

10.4. Out-of-court dispute resolution: In the event that a consumer dispute arises between us from a purchase contract or a contract for the provision of services that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such a dispute to a designated entity for alternative dispute resolution, which is:

Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, website: adr.coi.cz, email: adrⓐcoi.cz

The consumer can also use the online dispute resolution platform established by the European Commission, available at http://ec.europa.eu/consumers/odr.

11. Final Provisions

11.1. By installing, registering, or using the Software, the User expresses their full and unconditional agreement with these terms.

11.2. If any authority having jurisdiction to decide on this matter rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement and replaced with a valid provision, by its nature as close as possible to the original intent of the invalid provision, without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.

12. Contact Information

Provider: OpenTechLab Jablonec nad Nisou s.r.o.

Company ID (IČO): 08111693

Registered office: B. Němcové 10, Jablonec nad Nisou, Czech Republic

Laboratory: Palác JBX, Palackého 41, Jablonec nad Nisou, Czech Republic

Email: vyvojⓐopentechlab.cz

Data Protection Officer: opentechlabⓐopentechlab.cz