Terms of Service - Oxygen AI Positron

1. Our Services

1.1 Description of Service. Oxygen AI Positron provides document generation, change suggestions and translation capabilities using AI language models, helping technical documentation writers generate and re-write content. Oxygen AI Positron is available via the https://aipositron.oxygenxml.com/ internet domain (the "Website").

1.2 Technical Architecture. The Service acts as an intermediary to enable interaction with third-party Large Language Models (LLMs) providers, without storing, processing, or retaining user data beyond what is required to provide the Service.

1.3 Account Types. The Service supports both Individual Accounts (for personal use) and Organization Accounts (multi-user/enterprise) accounts, where an Administrator can invite and manage Authorized Users for the Organization's internal business operations.

1.4 Intellectual Property Rights to the Service. Excluding Your Content (as defined below), Syncro and its licensors exclusively own all right, title, and interest in and to the Service, including all associated software, technology, graphics, user interfaces, and trademarks, protected by copyright, trademark, and other laws. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Service.

2. Your Account

2.1 Individual Accounts. For personal use, when you create an account, you are responsible for maintaining the security of your account, for all activities that occur under the account, and any other actions taken in connection with the account. You must immediately notify Syncro at support@oxygenxml.com of any unauthorized use of your account or any other breaches of security. Syncro will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2.2 Third-Party Authentication. You may also be able to register to use the Service by logging into your Account with your credentials from certain third party social networking sites ("Third Party Services") (including, but not limited to GitHub, Google, etc). You confirm that you are the owner of any such Third Party Services account and that you are entitled to give us permission to access and use your data from your Third Party Services Account as permitted by the Third Party Services and as permitted herein to provide the Service, and to store your login credentials for such Third Party Services.

2.3 Organization Accounts. Organization Accounts are established in the name of a Organization (company or legal entity), with the Administrator as the primary contact and contracting party responsible for all fees, compliance, management and all actions taken by Authorized Users.

2.4 Administrator Authority. The Administrator represents and warrants that they are either (i) the legal owner of the Organization or (ii) an employee/agent with express written permission from the Organization to bind it to these Terms and manage the account.

2.5 Authorized Users. The Administrator may invite other registered users as "Authorized Users" for the Organization's internal business use. Authorized Users are deemed representatives of the Organization, and all their actions/decisions are attributable to the Organization. The Administrator is solely responsible for controlling access and ensuring Authorized Users comply with these Terms. Syncro is not liable for actions of Authorized Users. The Organization assumes full responsibility for all use of the Service by its Authorized Users.

3. Eligibility

By accessing or using the Services, you represent and warrant that: (i) you are at least 18 years of age, or if you are under 18 years of age, you have the permission and supervision of a parent or legal guardian who agrees to be bound by these Terms; (ii) you have the legal capacity to enter into a binding contract and that (iii) you are not a person barred from receiving the Services under the laws of any applicable jurisdiction. We do not knowingly collect data from children under the age of eighteen (18) years. If you believe that we might have any such information, please contact us at support@oxygenxml.com.

4. Evaluation Period

4.1 Evaluation Plans. Syncro, at its sole discretion, permits an “Evaluation” subscription/plan (“Evaluation Plan”) for individual or Organization use. The terms, features, and duration of the Evaluation Plan are set by Syncro and may be modified at any time.

4.2 Organization Evaluations. For Organization Evaluations, the Administrator may invite a limited number of Authorized Users as specified by Syncro.

4.3 Termination of Evaluation. During the Evaluation Plan period, Syncro reserves the right to terminate its Services at any time for any reason. A written notice shall be forwarded to You (or the Administrator on behalf of the Organization) at the e-mail address corresponding to the Account. You acknowledge and agree that your subscription for the Evaluation Plan will terminate on the earlier of a) You subscribing to a fee-based plan, b) the termination of these Terms by either party, or c) expiration of the Evaluation Plan period as specified by Syncro.

5. Payment and Subscription

5.1 Subscription Fees. By selecting a subscription plan, you agree to pay Syncro the subscription fees determined for the Services as further described in the dedicated section of the Website. For Organization Accounts, subscription fees may be based on the number of Authorized Users or other metrics as specified on the pricing page of the Website. All fees are stated in the currency indicated on the Website and are non-refundable except as expressly provided in these Terms.

5.2 Automatic Renewal. Your subscription will renew automatically at the end of each billing period if automatic renewal is enabled in your Account settings. Unless you disable automatic renewal in your Account settings before the start of the respective subscription period that you want to cancel, the subscription will renew automatically. By enabling automatic renewal, you authorize our payment processors to collect the then-applicable subscription fee using any credit card or other payment mechanism they have on record for you for our Services.

5.3 Credits System. The number of credits under the chosen plan is set in the dedicated section of the Website. Syncro reserves the right to change the procedure for charging credits from time to time in accordance with the provisions specified in the Section 12 ("Changes") of these Terms. All unused credits expire at the end of each subscription cycle and do not roll over to the next cycle, unless otherwise specified in your plan.

5.4 Taxes. All fees are exclusive of applicable taxes (e.g., VAT, sales tax) (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchase, except for taxes based on Syncro's net income. If we are legally required to collect Taxes for which you are responsible, we will invoice you and you agree to pay such Taxes.

5.5 Non-Payment and Suspension. We reserve the right to suspend or terminate your access to the Service if (i) any payment is not received by the due date; (ii) your payment method is declined or invalid or (iii) your account is past due. We will make reasonable efforts to notify you before suspension, but are not obligated to do so.

6. Your Content and Data Processing

6.1 Ownership of Your Content. You retain full ownership of all intellectual property rights in any content you submit to the Service ("Your Content"). This includes text, documents, prompts, and any other materials you input into the Service. The Service claims no ownership rights to Your Content.

6.2 License to Process Your Content. To provide the Service, you grant Syncro a limited, non-exclusive, non-transferable license to securely transmit Your Content to third-party LLM providers solely for the purpose of generating the requested output ("Output"). This license terminates immediately upon delivery of the Output.

6.3 Confidentiality Obligations. We treat Your Content as confidential information. We implement and maintain appropriate technical and organizational measures designed to protect the security and confidentiality of Your Content during transmission.

6.4 Ownership of Output. To the maximum extent permitted by law, and subject to your compliance with these Terms, Syncro transfers to you all of its rights, title, and interest in and to any Output generated by the Service. You are solely responsible for the Output and its use.

6.5 No Use for AI Training. We do not and will not use Your Content or Output to train, improve, or develop AI models—neither our own nor those of third parties. Where we maintain enterprise agreements with LLM providers, we enforce contractual terms that explicitly prohibit the use of your data for training purposes.

6.6 No Secondary Use. Syncro does not use, analyze, or process Your Content or Output for any purpose other than providing the Service to you. We do not engage in secondary uses such as analytics, marketing, or service improvement based on Your Content.

6.7 No Persistent Storage. All data is processed in-memory only and erased after the Output is delivered to you. We do not log, backup, or store Your Content or Output on disk or in any persistent storage system. System logs (such as session identifiers and error logs) are retained for a maximum of seven (7) days and contain no user-submitted content or Output.

6.8 Data Protection and GDPR Compliance. For users in the European Economic Area (EEA), Syncro acts as a data processor for transient data processed through the Service. All processing is temporary, automated, and limited to the technical transmission necessary for generating Output. Our data processing practices are detailed in our Data Processing Addendum ("DPA"), which is available upon request for Organization Accounts. For additional details, please refer to our Privacy Policy available on the Website.

6.9 Your Responsibilities. You are solely responsible for Your Content, including ensuring that it does not violate any applicable law or these Terms. You agree that you must evaluate, and bear all risks associated with, the use of any Output, including any reliance on its accuracy, completeness, or usefulness. The Service is a tool to assist you, and the Output should not be considered a substitute for your professional judgment. You shall not represent that Output from our Services was generated by humans unless verified.

7. Acceptable Use Policy

7.1 Lawful Use. You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to engage in any conduct that could interfere with, disrupt, or negatively affect the Services or the servers or networks connected to the Services. For the avoidance of doubt, we reserve the right to determine whether Content is appropriate and complies with these Terms or our other Policies, and we may take any actions we deem necessary or advisable concerning the use of our Services, including, without limitation, removing content or disabling access to the Services.

7.2 Prohibited Activities. You agree not to, and not to permit your Authorized Users to use the Service to: (a) engage in any activity that is illegal, fraudulent, or harmful; (b) generate, store, or transmit content that is defamatory, obscene, harassing, or promotes hate speech or violence; (c) infringe upon the intellectual property rights of others; (d) attempt to reverse engineer, decompile, or otherwise discover the source code of the Service; (e) place an unreasonable load on our infrastructure or disrupt the integrity or performance of the Service; (f) misrepresent Output as being solely human-generated. We reserve the right to investigate violations and suspend or terminate accounts engaging in prohibited activities.

8. Feedback

We welcome and appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you and You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate your Feedback into our Service.

9. Limitation of Liability

9.1 No Consequential Damages. To the fullest extent permitted by applicable law, in no event shall Syncro, nor our directors, employees, partners, suppliers or licensors be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to, use of or inability to access or use the Service; (ii) any conduct or content of any third party on or through the Services; (iii) any Output obtained from the Service;(iv) unauthorised access, use or alteration of your transmissions or content; and (v) the performance or failure of third-party LLM providers, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

9.2 Cap on Total Liability. To the fullest extent permitted by applicable law, Syncro's total aggregate liability to you for any and all claims arising out of or related to these Terms or your use of the Services shall not exceed the greater of (a) total amount of fees actually paid by you to Syncro in the twelve (12) months preceding the event giving rise to the liability or one hundred US dollars ($100).

9.3 Exceptions. The limitations in this Section 9 do not apply to liability arising from (a) Syncro's gross negligence or willful misconduct; (b) Syncro's breach of our confidentiality obligations under Section 6.3; (c) your indemnification obligations under Section 11; and (d) any liability that cannot be excluded or limited by applicable law.

9.4 Basis of the Bargain. You acknowledge and agree that the limitations of liability in this Section 9 reflect a reasonable allocation of risk and are fundamental elements of the basis of the bargain between you and Syncro. The Service would not be provided without such limitations.

9.5 Applicability to Organization Accounts. For Organization Accounts, these limitations of liability apply to the Organization and all Authorized Users collectively.

10. Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT: THE SERVICE RELIES ON THIRD-PARTY LLM PROVIDERS, AND WE CANNOT GUARANTEE THEIR AVAILABILITY, PERFORMANCE, OR OUTPUT QUALITY, AI-GENERATED OUTPUT MAY CONTAIN ERRORS, INACCURACIES, OR BIASES, AND SHOULD NOT BE RELIED UPON WITHOUT INDEPENDENT VERIFICATION, YOU USE THE SERVICE AND ANY OUTPUT AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

11.1 Your Indemnification Obligation. You agree to indemnify, defend, and hold harmless Syncro, our licensors, LLM providers, and their respective officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) that arise from or relate to: (i) Your or Your Authorized Users' violation of these Terms or any applicable law or regulation; (ii) Your or Your Authorized Users use or misuse of the Services; (iii) any of Your Content submitted through the Service, including claims that Your Content infringes or violates any intellectual property rights or other rights of any third party

11.2 Defense and Settlement. Syncro reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with Syncro in the defense of any such claim. You may not settle any claim that affects Syncro without Syncro's prior written consent.

11.3 Organization Liability. For Organization Accounts, the Organization is responsible for indemnifying Syncro for the actions of all its Authorized Users.

12. Changes

12.1 Changes To Services:. We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason We will provide you a notice with 30 days in advance via email to the address associated with your account for any material changes that adversely affect the core functionality or security of the Service. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any planned downtime of which you have been notified.

12.2 Changes to the Terms:. We may revise and update these Terms from time to time in our sole discretion to reflect changes in our business practices, legal requirements, or for other reasons. We will notify you of any changes by posting the revised Terms and/or by sending an email to the email address associated with your account. By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Services and may terminate your account in accordance with Section 13.

13. Termination

13.1 Termination by Syncro. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your access, at our sole discretion, at any time and without notice to you. We will make reasonable efforts to provide advance notice of termination where feasible, but are not obligated to do so. We may terminate immediately without notice if we believe there is a threat to the Service, other users, or legal liability.

13.2 You may terminate your account and stop using the Service at any time by: (i) sending us an email at support@oxygenxml.com from the email address associated with your account, or (ii) using the account cancellation feature in your account settings (if available). For Organization Accounts, termination requests must be made by the Administrator.

13.3 Effect of Termination. Upon termination of your account by either party, your right to access and use the Service will cease immediately, and all Authorized Users (in case of Organization) will immediately lose access to the Service. No refunds will be provided for any prepaid fees, except as required by law. Sections 6.1 (Ownership of Your Content), 6.3 (Confidentiality), 6.4 (Ownership of Output), 8 (Feedback), 9 (Limitation of Liability), 10 (Warranty Disclaimer), 11 (Indemnification), 14 (Governing Law), and 15 (General Provisions) will survive termination.

13.4 Data Deletion. As the Service does not persistently store Your Content or Output, no data deletion is necessary upon termination. Any account metadata will be retained only as required by law or for legitimate business purposes.

14. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Romania. Any dispute arising out of or relating to this Agreement which is not amicably resolved shall be referred to and finally settled by the competent courts located in Bucharest, Romania. The venue of any dispute related to this Agreement shall be Bucharest, Romania. The prevailing party in any such dispute shall be entitled to recover reasonable costs and expenses incurred in connection with resolving such dispute, including attorney’s fees.

15. General Provisions

15.1. Entire Agreement: These Terms, together with our Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and Syncro regarding the Service and supersede all prior agreements and understandings.

15.2. Assignment: You may not assign, transfer or delegate these Terms or any of your rights or obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Syncro's prior written consent. Syncro may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

15.3. Severability: If any provision of these Terms is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

15.4. Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.5. Force Majeure: Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, or significant network failures. The affected party shall promptly notify the other party of such circumstances and shall use reasonable efforts to mitigate the effects of such circumstances.

15.6. No Third-Party Beneficiaries. These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party.

15.7. Notices: Any notices or other communications provided by Syncro under these Terms will be given: (i) by email to the address associated with your account, or (ii) by posting to the Website or within the Service. Notices to Syncro should be sent to support@oxygenxml.com and will be deemed given when received.

16. Contact Us

If you have any questions about these Terms, please contact: Syncro Soft SRL (Remus 5A, Craiova, 200082, Romania, support@oxygenxml.com).