Terms and Conditions

1. Scope of Application

(1) These Terms and Conditions apply to the use of the SaaS service okti, provided by the contractual partner specified in the imprint (hereinafter referred to as 'Provider'), and the users of the service (hereinafter referred to as 'Customer').

(2) The purchase contract for the use of the service is concluded with Lemon Squeezy LLC, 3525 W Teco Ave, Las Vegas, Nevada, 89118, USA, as Merchant of Record. Lemon Squeezy is responsible for payment processing, invoicing, and refunds. These Terms and Conditions govern the provision and use of the service by the Provider.

(3) Deviating terms of the Customer are not accepted unless the Provider expressly agrees to their validity in writing.

2. Subject Matter of the Contract

(1) The Provider makes available to the Customer a cloud-based software solution ('Software as a Service') with which learning materials can be created, stored, analyzed, and processed using AI functions.

(2) The provision is made exclusively via the Internet. The software is not provided in physical form.

3. Registration and Contract Formation

(1) Use of the service requires registration and creation of a user account.

(2) The Customer must be at least 13 years old at the time of registration. Use of the service is not permitted for persons under 13 years of age.

(3) The contract is concluded when the Customer completes the online order form, agrees to the terms of use, and finalizes the order. Payment processing is handled by Lemon Squeezy LLC as Merchant of Record.

(4) Subscriptions automatically renew for the selected period unless canceled before the end of the cancellation period.

(5) The Customer can cancel a paid subscription at any time directly and easily via the cancellation button at https://study.okti.app/cancel-subscription. The cancellation takes effect at the end of the current billing period; access remains available until then.

4. License and Usage Rights

(1) The Provider grants the Customer a non-exclusive, non-transferable right to use the software, limited to the contract term.

(2) The number of users and the scope of usage rights are limited to individual users and cannot be transferred.

(3) Sharing access credentials with third parties is not permitted.

(4) The Customer may not reverse-engineer, decompile, or attempt to determine the source code of the software.

5. Scope of Services and Service Level Agreement (SLA)

(1) The scope of services depends on the respective plan booked.

(2) The Provider aims for a service availability of 95% on a monthly average. Scheduled maintenance, force majeure, or outages attributable to third parties are excluded from this.

(3) Support requests are typically answered within 48 hours. In case of critical disruptions, the Provider endeavors to respond as quickly as possible.

(4) Scheduled maintenance work will be announced in advance where possible and carried out outside peak usage times.

6. Unlimited Plan and Fair Use Policy

(1) The Unlimited Plan does not grant technically unrestricted use but is subject to a Fair Use Policy.

(2) The Fair Use Policy serves to prevent abuse, disproportionate use, and impairments to system stability.

(3) Usage is considered inappropriate if it:

• significantly exceeds the average usage of other customers on the Unlimited Plan,
• includes automated mass data processing (scraping, bot usage, systematic mass content creation),
• impairs the operation of servers or services.

(4) The Provider reserves the right to restrict access, adjust usage quotas, or terminate the contract extraordinarily in case of violations.

7. Customer Obligations

(1) The Customer is obliged to keep access credentials confidential and not make them accessible to third parties.

(2) The Customer may not use the software abusively, particularly not for illegal content or in a manner that endangers the security or integrity of the service.

(3) The Customer may only upload content for which they possess the necessary usage rights.

(4) Uploading, storing, or processing copyrighted material without appropriate authorization, as well as content that violates applicable law, is prohibited.

(5) The Customer indemnifies the Provider against all third-party claims arising from a breach of these obligations and assumes the necessary legal defense costs incurred by the Provider.

8. Use of AI Features

(1) AI-generated content may be incomplete, incorrect, or unsuitable.

(2) The Provider does not guarantee the accuracy, completeness, or legal permissibility of generated content.

(3) The Customer is solely responsible for reviewing and using AI outputs.

9. Prices and Payment Terms

(1) Prices are based on the current price list on the website. All prices include the applicable sales tax.

(2) Payment processing is handled by Lemon Squeezy LLC as Merchant of Record. The respective payment and refund terms of Lemon Squeezy apply.

(3) Billing occurs monthly or annually in advance, depending on the plan selected. Payment is due immediately upon contract formation.

(4) The Provider reserves the right to adjust prices with 30 days' notice to the end of the month. Existing customers will be informed of price adjustments via email.

10. Data Security and Data Protection

(1) The Provider takes appropriate technical and organizational measures to protect customer data from loss, unauthorized access, and misuse.

(2) Data transmission is encrypted via SSL/TLS. Storage takes place on servers in the European Union.

(3) The processing of personal data is GDPR-compliant. Details on data processing can be found in the privacy policy on the website.

11. Intellectual Property

(1) All rights to the software, including source code, design, trademarks, and documentation, remain with the Provider or its licensors.

(2) The Customer does not acquire any ownership rights to the software, but only a time-limited usage right in accordance with Section 4.

12. Changes to the Terms and Conditions

(1) The Provider reserves the right to change these Terms and Conditions with 30 days' notice.

(2) Changes will be communicated to the Customer via email. If the Customer does not object to the changes within 30 days of receiving the notification, the amended terms are considered accepted.

(3) In case of objection, the Provider may terminate the contract regularly at the time the new Terms and Conditions come into effect.