Terms of Service

These Terms of Service ("Terms") govern your access to and use of Oqtalium (the "Service"), an AI-powered software application provided by SLOBODAN ANTIC PR SPECIJALIZOVANE DIZAJNERSKE DELATNOSTI ANTIC DESIGN KRAGUJEVAC, a sole trader (preduzetnik) registered in the Republic of Serbia, registration number 68602165, PIB 115745938, KRALJA ALEKSANDRA I KARAĐORĐEVIĆA 66A/11, 34000 KRAGUJEVAC, SRBIJA ("Oqtalium", "we", "us", "our"). By creating an account or using the Service, you agree to these Terms. The Service is intended for use by businesses — studio owners and operators — for business purposes, and not by consumers for personal, family or household use.

1. What the Service is

The Service is a decision-support software tool designed to assist business owners by generating suggestions, analyses, drafts and educational content. The Service does not make decisions on your behalf, does not act as your agent, and does not replace your own business judgment. Oqtalium is software. It is not a consultant, coach, advisor, fiduciary, agent, employee, accountant, lawyer or business manager. The Service assists decision-making but never replaces the independent judgment of the business owner.

2. AI-generated content

The Service's outputs are generated by artificial-intelligence language models. They may be inaccurate, incomplete, outdated, or unsuitable for your particular circumstances. Outputs may contain errors, omissions, bias, incorrect assumptions or fabricated information ("hallucinations"), and should always be independently reviewed before use. You are solely responsible for reviewing, verifying and deciding whether to rely on or act upon anything the Service produces.

3. No professional advice; no guaranteed results

The Service does not provide legal, financial, tax, accounting, medical, health, employment or other professional advice, and is not a substitute for a qualified professional. We make no representation, warranty, promise or guarantee of any kind regarding results, outcomes, revenue, member retention, growth, or business performance. Any results depend on numerous factors outside our control, including your own decisions and execution.

4. Relationship of the parties

Nothing in these Terms, or in your use of the Service, creates any partnership, joint venture, agency, employment, franchise, fiduciary or advisory relationship between you and us. You and we are independent parties, and neither may bind or act on behalf of the other.

5. Your responsibilities and your data

You are solely responsible for: (a) the accuracy, quality, legality and appropriateness of all data and content you enter; (b) having the right and a lawful basis to enter any personal data, including data relating to your members, staff or other third parties, and for providing any notices and obtaining any consents required by law; (c) all decisions you make and actions you take based on the Service; and (d) your compliance with all laws and regulations applicable to your business. You represent and warrant that you have all rights necessary to provide the data you input. Where we process personal data on your behalf in providing the Service, our Data Processing Addendum applies and forms part of these Terms.

6. Acceptable use

You agree not to: misuse the Service; use it for any unlawful, harmful, infringing or deceptive purpose; input unlawful, infringing or malicious content; attempt to gain unauthorised access to or disrupt the Service; reverse engineer, copy, resell, sublicense or exploit the Service except as expressly permitted; or use the Service to build a competing product.

7. Accounts and security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly of any unauthorised use.

8. Availability, changes and beta features

We may modify, suspend, discontinue or restrict any feature of the Service, in whole or in part, at any time, and we do not guarantee that the Service will be continuously available or free from interruption, maintenance, delay or error. Certain features may be identified as beta, preview or experimental; these are provided for evaluation, may be unstable or incomplete, and may be changed or removed at any time without notice.

9. Third-party services

The Service relies on third-party providers, including cloud hosting, payment processing and artificial-intelligence model providers, whose services we do not control. We are not responsible or liable for any interruption, failure, delay, security incident, change in features or pricing, or discontinuation of those third-party services, or for any effect these may have on the availability or operation of the Service.

10. Payment and subscriptions

The Service is offered on a subscription basis and is sold through our merchant of record, Paddle.com Market Limited ("Paddle"). Paddle is the seller of record for your purchase; your transaction is additionally subject to Paddle's Buyer Terms and Refund Policy. Refunds and cancellations are governed by our Refund & Cancellation Policy. Subscriptions renew automatically until cancelled.

11. Intellectual property

We and our licensors own all rights, title and interest in the Service and its underlying software, materials, designs, interfaces, workflows, prompts, methodologies and recommendation systems. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service during your paid subscription. Nothing in these Terms transfers to you any ownership of our software, methodologies, prompts, recommendation systems or other intellectual property. You retain your rights in the data and materials you input, and you grant us the rights necessary to process them to provide the Service. Subject to applicable law and to the terms of the third-party AI providers whose models generate them, you may use the outputs the Service generates for you for your own business purposes.

12. Data, backups and loss

Although we take reasonable measures to protect and preserve your data, we do not guarantee that data will never be lost, corrupted, deleted or become temporarily or permanently unavailable. You remain responsible for maintaining your own copies of any information you consider important, including by using any export feature the Service provides.

13. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, whether express, implied or statutory, to the maximum extent permitted by applicable law, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, title and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free, or that any output will be accurate, complete or reliable.

14. Limitation of liability

To the maximum extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data or anticipated savings, however caused. Our total aggregate liability arising out of or relating to the Service will not exceed the amount you actually paid for the Service in the three (3) months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under mandatory applicable law.

15. Indemnity

You agree to indemnify and hold us harmless from and against any claims, losses, liabilities and expenses arising out of or related to your data, your use of the Service, or your breach of these Terms or of applicable law.

16. Suspension and termination

We may suspend or terminate your access if you breach these Terms or use the Service in a way that risks harm or liability. You may cancel at any time as described in the Refund & Cancellation Policy.

17. Feedback

If you choose to provide suggestions, ideas, feature requests or other feedback regarding the Service, we may use them for any purpose without restriction, attribution or compensation to you, and you grant us a perpetual, irrevocable, worldwide licence to do so.

18. Export controls and sanctions

You represent that you are not located in, and will not access or use the Service from or on behalf of anyone in, a country or territory subject to comprehensive government sanctions or embargoes, and that you are not a person or entity with whom dealings are restricted under applicable export-control or economic-sanctions laws. You agree to use the Service in compliance with all applicable export-control and sanctions laws, and not to export, re-export or make the Service available in violation of them.

19. Changes to these Terms

We may modify these Terms from time to time. We will update the "last updated" date and, where required by law, notify you. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

20. Force majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including internet or telecommunications outages; failures, outages or discontinuation of cloud, hosting, payment or other third-party providers; cyberattacks and denial-of-service attacks; acts or omissions of governmental or regulatory authorities and changes in law; strikes or labour disputes; epidemics and pandemics; fires, floods, storms and other natural disasters; and acts of war or terrorism.

21. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them, their subject matter or formation (including non-contractual disputes), are governed by and construed in accordance with the laws of the Republic of Serbia. The courts of Kragujevac, Republic of Serbia shall have exclusive jurisdiction to settle any such dispute. Where you are a consumer protected by mandatory laws of your country of residence, those protections may also apply.

22. General

If any provision is found unenforceable, the remainder stays in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. These Terms are the entire agreement between us regarding the Service and supersede any prior agreements on its subject matter. Questions: support@oqtalium.com.