1. General Information
1.1 Information about Ariya and the Website:
We, at phamax, are a specialized healthcare research, consulting, and technology firm headquartered in Zug, Switzerland. Throughout this document, “We,” “Us,” “Our,” “Ours,” or “phamax” will refer to Phamax Business Solutions, a wholly-owned Subsidiary by Phamax AG, a business with registered offices in Zug that was established under Swiss law.
Our goal is to offer customers the best possible product features and experience through our website (https://ariya.ai/) and our digital assistant, Ariya. We are committed to continuously developing these services in collaboration with our customers.
The purpose of these Terms and Conditions (T&C) is to establish guidelines for our interactions and define our core values. They provide the fundamental guidelines for using our services and are binding upon acceptance of registration or inquiry. By accessing the website, registering or submitting an inquiry, you agree to these T&Cs. If you do not accept these T&Cs, you are not permitted to use the website, its content or its services.
2. Access to Ariya
2.1 Registration and Account:
You can access all the features of the services listed in Section 3 of the Ariya License as per the conditions priorly stated in Service Agreement between you and phamax.
To access the Trial License or the Full Service under the Ariya License set out in these T&Cs, you must be a competent party to a contract as per the given Law, and you must set up a user account by registering via corporate IT support, Email Registration (“Account”), or signing up through existing access control services. As an entries user, you are legally bound by the corporate contract as outlined in these terms and conditions with us.
Ariya is available through a corporate license, so as an entries user, you validly be part of the corporate contract as set out in these T&Cs with us. In the event that your registration is successful, we will notify you by email that we have accepted your offer. Additionally, you will be bound by all the terms stated in the service agreement with us.
The determination and clearance of your corporate email address is a must for registration, regardless of the registration method, as you can only access and use our service through your registered email address.
By registering with us, you represent and warrant that the information provided for your Account (along with any other information You may provide to Us from time to time, whether as part of the registration process or otherwise, e.g., in connection with the services) is complete, true, accurate, and not misleading in any way. You are responsible for informing Us of any changes to such information in order for it to stay current. You are always responsible for maintaining the security of your username and password.
All requests made to our services using your registered email address, whether expressly or implicitly authorized by you or not, are subject to your responsibility. You must immediately notify us of any unauthorized use of your account or email address. You may be held liable for any losses incurred by us or any other user or visitor to the website as a result of someone else using your account or email address to use the services.
2.3 Mode of Communication
All significant notifications pertaining to your account shall be conveyed to your registered email address. Furthermore, all communication between Ariya and the user shall transpire exclusively on the Microsoft Teams portal and the user would also be bound by terms and conditions pertaining to Microsoft. To this end, it is imperative that the user maintains an active Microsoft Teams account that is registered under the same email address utilized during the registration process on the Ariya webpage.
3. Service scope of Ariya
3.1 The services are a variety of skill sets (each “Skill”) that improve your access to business information efficiency bundled in the form of a digital assistant (together “Services”).
3.2 As the services are based on the cooperation of complex infrastructure, services providers and overall connectivity, the services may not always be available, and we expressly do not guarantee and/or warrant any availability of the services. While we do our best to provide you with useful information, we cannot fully substitute professional human advice. We are not liable for any content, code, or other errors, omissions, or inaccuracies.
3.2.1 The services and respective skills under this agreement are clustered into the Ariya license.
3.2.2 The “Ariya License” is composed of skills for professionals who are looking for a digital work companion to meet information needs in their day-to-day work. As such, the Ariya license includes the following skills for internal use only.
3.2.3 File Translation: The skill “File Translation” serves the purpose of translating documents from one supported language into another. Depending on the paired languages, this skill is enabled through the service of the service provider DeepL (T&Cs of DeepL [https://www.deepl.com/en/pro-license/]) and/ client agrees to the additional terms of the respective services provider when using the skill. For supported languages, please see [https://learn.microsoft.com/en-us/azure/cognitive-services/translator/language-support and https://support.deepl.com/hc/en-us/articles/360019925219-Languages-included-in-DeepL-Pro
3.2.4 Under the Ariya License, the user will be granted free access to a variety of other Skills that can make access to information much easier such as searching, analyzing and comparing data. A further description of available convenience skills can be found at (https://ariya.ai).
These skills may be altered or discontinued at any time. New skills may be added over time.
3.3 Additional skills available with the Ariya license: phamax wants to develop further skills that might be made available under the Ariya license only. The new Ariya skills will be communicated through our regular newsletter and will be listed on our webpage as well (https://ariya.ai/) However, phamax is not obligated to develop such further skills.
3.4 While we make every attempt to respond to your request within three minutes, we, however, do not guarantee any specific reaction time, service level, quantity and/or quality of the services.
The availability of some services capabilities depends on the availability of the different third-party apps and services since the services integrate and include these third-party applications and services. Not withstanding the possibility of the continued availability of our services, there may still be transient limitations and restrictions on the nature of the responses to specific enquiries.
3.5 Modifications to the Service: We reserve the right to review, revise, modify, improve or discontinue the services or other content from time to time, without giving you prior notice. Such content-related and technical reviews and any maintenance work in relation thereto may include without limitation, the extension or modification of the subject areas made available through the services and the adaptation of the technical formats comprising the services. Access to the services may therefore be suspended temporarily or permanently and without notice in the case of system failure, maintenance, review, repair, or for reasons beyond our reasonable control. We shall not be liable if, for any reason, the services are unavailable. You are aware that we may cease the provision of the services at any time. In any event, we shall not be obliged to provide maintenance or support services.
4. No acquisition of licenses and/or any other rights through the use of the services
Any search results, translations or conversions through our Services may be protected by third-party rights in any way. By providing any result to your inquiries and use of the Services, we expressly do not state or guarantee in any way that any result does not violate any internal or external compliance or rights of third parties. You acknowledge and agree that your right to use such content or services of third parties may be subject to additional terms and conditions of the third party. If you do not agree to these additional conditions, you are not permitted to use the respective third-party content or services.
5. Intellectual Property Rights
All intellectual property rights to the services as well as the website, its software and algorithms, are either our intellectual property or have been licensed to us by third parties. All rights are reserved by us or, if provided by a third party, they are reserved by the third party (and even if such content or service is not expressly marked as being legally protected or registered, this does not mean that we or third parties waive any applicable intellectual property rights, neither wholly nor partially with respect to such content or service).
You are not permitted to reproduce, copy, post, republish, transmit, record, transfer or process any content, materials or portions thereof without our express written permission in advance, nor are you permitted to do or attempt anything that violates our intellectual property rights or any intellectual property rights licensed to us or owned by third parties. This also applies to the ideas and concepts on which the services are based, even if they are not protected by intellectual property rights.
All trademarks, service marks and trade names of Ariya used in the website or services are trademarks or registered trademarks of phamax AG.
6. License, Subscription Fee and Payment
License: With the registration for the Services under these T&Cs, you subscribe to the Ariya license referred to in Services of Ariya as set out in Section 3 of these T&Cs.
Payment: The payment of the subscription fee is due and payable upon registration and at the beginning of every following month (in case of monthly payment / or every following year (in case of annual payment). Lawful cause for the payment is the registration with our services, irrespective of whether you actually make use of the services. We enable payment options for corporate account clients who are able to pay via a regular direct bank transfer.
7. Rights and Obligations of the User
7.1 Compliance with Laws: In order for us to provide our Services to you, it is required that you abide by all applicable laws, respect our rights as well as the rights of third parties, and utilize our Services solely in accordance with these T&C, and do not destroy, damage, or otherwise exploit the Services.
7.2 User Content:To ensure that we can offer our Services, you are fully responsible for the content that you send or otherwise make available to us, including, but not limited to, all and any files, texts or other information and data that you send, provide and/or otherwise supply to Ariya (“User Content”) for the execution of the Services. Ariya does not use, market or otherwise appropriate any User Content for any other reason but the execution of the inquiry by you.
7.3 Your Inquiries: As set out in the License under Section 7.1 In any case, you must not:
7.3.1 Make excessive use of the Services
7.3.2 Use any kind of automated software and/or bots to use the Services and/or make inquiries
7.3.3 Abuse the Services in any other way
7.4 Obstructive Behavior: Harassment in any manner or form, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Our or other licensed employee, host, or representative, as well as other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise make available through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
7.5 Except for the use of the licensed Services within the scope of the obtained license, You must not copy, reproduce, republish, publicly display, translate, offer, transmit, upload, or distribute in any way (including “mirroring”) any part of the Services to any other computer, server, website or other medium for publication or distribution, except as expressly provided in these T&Cs or otherwise agreed to by Us in writing.
7.6 Except for the use of the licensed Services within the scope of the obtained license, You must not use the Services for commercial uses, including without limitation the sale of access to the Services, except as expressly provided in these T&Cs or otherwise agreed to by Us in writing.
7.7 Except for the use of the licensed Services within the scope of the obtained license, You must not modify, alter or adapt any part of the Services without Our prior written consent.
7.8 You must not (or attempt to) hamper, disable, interfere, or attempt to interfere with the Services or any part of it (including its security-related features or any transaction as may be concluded on the Services) or in any way reproduce or circumvent the navigational structure of the Services, to obtain or attempt to obtain any content or service through any means other than as intentionally offered under the Services.
7.9 You must not cast a negative light on Us, Our affiliates, or on Our or their activities, business, or brands. You shall in particular refrain from using the Services in connection with:
(a) Prohibited or unlawful products, content, services, or materials
(b) Any products, content, services, or materials concerning or relating to obscenity, pornography, or similarly adult-themed material
(c) Coverage of accidents, assaults, catastrophes, or riots
7.10 You must not use the Services for any unlawful purpose or for the publication of, linking to, issue or display of any unlawful material (such terms to include, but not be limited to, any pirated software or any material which is obscene, threatening, malicious, deceptive, harmful, abusive, defamatory, intimidating, discriminatory on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability) or which breaches the rights (including, but not limited to intellectual property rights) of Us and/or any third party or which encourages or procures any criminal activity or contains any virus, trojan horses or other harmful code or script.
7.11 No advertising: You are not permitted to use the Services for the purpose of advertising or for the purpose of displaying information in connection with any commercial activities, services, or products, except as expressly provided in these T&Cs or otherwise agreed to by Us in writing.
These T&Cs and any rights and licenses granted hereunder may not be transferred or assigned by You without Our express prior written consent. In the event that You transfer or assign any right, obligation, or duty, you undertake, represent, and warrant that:
- Any assignment of rights or obligations granted hereunder is not contrary to or incompatible with each and any provision of these T&Cs.
- Each obligation and duty towards Us is duly imposed upon and entirely complied with by each assignee. Even after an assignment, You will not be relieved from any of Your obligations and duties towards Us hereunder. An assignment of Our rights or obligations may be conducted by Us at Our sole discretion.
9. Breach of T&Cs:
We reserve the right to suspend, restrict or terminate Your account at any time, without notice and at Our discretion, where You are, or We suspect that You may be in breach of these T&Cs, or where Your use of the Services may be causing damage to stems or other technical installations. In addition, a breach of the T&Cs may constitute a fraudulent offense and result in legal claims and damages as well as criminal prosecution. We may, at Our discretion, monitor or record Your Account, Services used by You, i.e., for the purposes of ensuring compliance with these T&Cs or usage research and controlling. We reserve the right to edit or delete any and all material or data, including text, audio, and video, which We consider to be in breach of these T&Cs.
10. Termination and Suspension
10.1 You or We may cancel Your Account by giving written notice (email suffices) 14 days before the end of a calendar month
10.2 You agree that We may without prior notice, suspend or terminate Your Account and/or access to the Website, the Services, and other content (if any) in its entirety or in part upon written notice, if We determine or have reasonable grounds to suspect that You have breached these T&Cs.
Each provision of these T&Cs shall be constructed separately and independently. The effectiveness of these T&Cs shall not be impaired if any provision of these T&Cs should be completely or partially invalid or unenforceable. In this case, such provision shall be limited or eliminated to the minimum extent necessary, so that these T&Cs remain in full force and effect.
13. Governing Law and Jurisdiction
These T&Cs shall be governed by and construed in accordance with Swiss Law. All disputes arising out of or in connection with these T&Cs, including any questions regarding its existence, validity, or termination, shall exclusively be settled by the applicable court in Zurich. In the event of a conflict, the application of the given clauses of the Service Agreement will prevail. United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, shall be excluded.
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