Terms of Service

Last Updated: 30 August 2026

Welcome to ODE (the "Service"), operated by orthogonal supersystems GmbH ("Company", "we", "us", or "our").

By accessing, registering, or using our website, applications, APIs, or services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not access or use the Service.

1. Scope and Eligibility

1.1. Universal Applicability: These Terms govern all users, accounts, subscriptions, and orders globally. All users are bound by the uniform rights and obligations set forth herein.

1.2. Age & Capacity: You represent that you are at least 18 years of age (or the legal age of majority in your jurisdiction) and possess the full legal capacity to enter into a binding contract.

2. Service Architecture: AI Entry Point & Hardcoded Business Logic

2.1. AI as Interface Only: The artificial intelligence (AI) components embedded within the Service function solely as a natural language processing and input interface ("AI Entry Point") to interpret user prompts, search queries, and operational instructions.

2.2. Deterministic Backend Execution: All core software functionality, data processing, functional operations, rule calculations, and transactional executions are exclusively controlled by our underlying hardcoded, deterministic business logic and rules engines. AI components do not alter, dictate, or override the underlying business logic.

2.3. AI Misinterpretation Disclaimer & User Verification Duty:

• Probabilistic Nature: AI interpretation of natural language is inherently probabilistic. While backend logic operates deterministically, the AI Entry Point may misinterpret, misread, or incorrectly route user inputs.
• Verification Duty: You are strictly obligated to review and confirm that any action, workflow, configuration, or operational parameter generated via the AI interface aligns with your actual intent prior to execution. The Company shall not be liable for any losses or unwanted outcomes caused by AI misinterpretation of user inputs.

3. Continuous Updates and Service Changes

3.1. Acceptance of Automatic Updates: By using the Service, you consent to receive automatic software updates, feature enhancements, security patches, performance optimizations, and bug fixes ("Updates"). Updates may be deployed automatically without prior notice.

3.2. Modification of Features: We reserve the right to add, modify, reconfigure, replace, or discontinue any features, API endpoints, or workflows at any time to preserve system security, maintain operational stability, or align with product roadmap developments.

4. Pricing, Taxes, Billing, and Service Commencement

4.1. Pricing and Modifications:

• Tax Exclusive Rates: All prices displayed on our pricing page are strictly exclusive of applicable taxes (including Value Added Tax, Sales Tax, Goods and Services Tax, or withholding taxes). Applicable taxes will be calculated and added during the checkout process based on your geographic location and billing details.
• Price Adjustment Right: We reserve the right to adjust, modify, or update our pricing rates, subscription tiers, and pay-as-you-go fees at any time. Any price changes will apply to future billing cycles. For existing auto-renewing subscriptions, price changes will take effect at the start of the next billing period following notice to you (via email or website posting). Continued use of the Service after price adjustments constitutes your acceptance of the revised fees.

4.2. Subscription & Auto-Renewal: Paid subscriptions automatically renew at the end of each billing cycle (monthly or annually) unless you cancel your subscription prior to the renewal date via your account settings page.

4.3. Immediate Service Commencement & Statutory Rights:

• By completing the checkout process and accessing the digital content, SaaS tools, or services provided herein, you explicitly agree that performance of the Service commences immediately upon payment confirmation.
• You acknowledge that because performance begins immediately with your express consent, any statutory cooling-off or withdrawal rights shall expire upon activation of service access, except where non-waivable under mandatory applicable laws.

5. Intellectual Property and Proprietary Rights

5.1. Company IP Ownership: The Service, including all source code, hardcoded rules engines, software architecture, UI design, databases, documentation, and trademarks, remains the exclusive intellectual property of the Company.

5.2. User Content & Inputs: You retain ownership of all data, text, files, and inputs uploaded or submitted by you ("Inputs"). You grant the Company a worldwide, non-exclusive, royalty-free license to host, store, replicate, and process Inputs strictly as necessary to deliver, maintain, and support the Service.

5.3. Feedback License: If you provide any feedback, feature requests, or suggestions ("Feedback"), you assign to us all rights to such Feedback, and we may freely use and commercialize it without obligation or compensation to you.

6. Prohibited Conduct and System Security

You agree NOT to engage in any of the following prohibited activities:

• Reverse Engineering: Decompile, disassemble, reverse engineer, or attempt to extract the source code, underlying AI models, or proprietary logic algorithms of the Service.
• Competitive Use: Use the Service, its outputs, or workflows to benchmark, develop, train, or optimize any competing software, machine learning model, or commercial service.
• System Abuse & Scraping: Deploy automated bots, scrapers, web spiders, or excessive API request volumes that disrupt system stability, exceed rate limits, or bypass access controls.

7. Confidentiality

7.1. Definition: "Confidential Information" refers to all non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") under these Terms, including but not limited to business plans, technical data, software architecture, API keys, pricing strategies, and customer Inputs.

7.2. Duty of Confidentiality: The Receiving Party agrees to: (a) protect Confidential Information using the same degree of care it uses for its own confidential data (but not less than reasonable care); (b) not disclose Confidential Information to any third party, except to its employees, contractors, and legal advisors who need to know and are bound by confidentiality obligations; and (c) use Confidential Information strictly for performing or utilizing the Service.

7.3. Exceptions: Confidential Information does not include information that: (i) is or becomes publicly known through no fault of the Receiving Party; (ii) was already known to the Receiving Party prior to disclosure; (iii) is independently developed without reference to the Disclosing Party's Confidential Information; or (iv) is required to be disclosed by law or court order.

8. Data Protection and Privacy

Our collection, storage, and processing of personal data are governed by our Privacy Policy (incorporated herein by reference). We implement industry-standard technical and organizational security measures to protect your personal data in compliance with applicable laws (e.g., EU General Data Protection Regulation — GDPR).

9. Warranty Disclaimer

9.1. "AS IS" and "AS AVAILABLE": TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2. No Operational Guarantee: WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ENTIRELY FREE FROM BUGS, CYBERATTACKS, OR DATA LOSS.

10. Absolute Limitation of Liability

10.1. Exclusion of Consequential Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR RELIANCE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE).

10.2. Aggregate Liability Cap: THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE STRICTLY LIMITED TO THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR €100 EUR (WHICHEVER IS LOWER).

10.3. Statutory Non-Excludable Liability: NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (B) INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER MANDATORY APPLICABLE LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its directors, officers, and employees from and against any third-party claims, liabilities, losses, damages, or legal fees arising out of or related to: (a) your breach of these Terms; (b) your Inputs or data processed via the Service; or (c) your violation of any applicable laws or third-party rights.

12. Trade Sanctions and Export Control

You represent and warrant that you are not located in, under the control of, or a national/resident of any country or region subject to comprehensive trade sanctions or embargoes, nor are you listed on any restricted party list maintained by the US Government, European Union, or United Nations. You agree not to access or use the Service in violation of any applicable export control and trade sanction laws.

13. Force Majeure

The Company shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, labor strikes, power grid failures, telecommunication line failures, cyberattacks, government orders, or service outages/API failures of third-party infrastructure and AI model providers.

14. Dispute Resolution, Mandatory Negotiation, and Jurisdiction

14.1. Mandatory Informal Negotiation: In the event of any dispute, claim, or controversy arising out of or relating to these Terms, you agree to first notify us at info@orthogonal.dev and attempt to resolve the dispute through good-faith informal negotiation for at least thirty (30) days prior to initiating any formal legal action.

14.2. Governing Law: These Terms shall be governed by and construed in accordance with the laws of Germany, excluding its conflict of laws principles and the UN Convention on Contracts for the International Sale of Goods (CISG).

14.3. Exclusive Jurisdiction & Venue: If informal negotiation fails, any legal action or proceeding shall be brought exclusively in the courts of competent jurisdiction in Munich, Germany, and you hereby consent to the personal jurisdiction and venue therein.

15. General Provisions

15.1. Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding the Service, superseding all prior oral or written communications, agreements, or understandings.

15.2. Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

15.3. No Waiver: The failure of the Company to enforce any right or provision under these Terms shall not be deemed a waiver of such right or provision in the future.

15.4. Electronic Communications: You consent to receive communications from us electronically (via email or platform announcements), and you agree that all legal notices, agreements, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.

16. Contact Information

For legal notices or inquiries concerning these Terms, please contact:

• Company Name: orthogonal supersystems GmbH
• Legal Address: Lichtenbergstraße 8, 85748 Garching b. Munich, Germany
• Email: info@orthogonal.dev