Orygent Website Terms
1. Scope
1.1 These terms govern your use of the public pages of orygent.com (the Site). The Site is operated by SMARTEDTECH SL (Legal Notice PUB-01).
1.2 Use of the Orygent application after sign-up is governed by the Member Account Terms (ACC-01) and the AI and Identity Use Policy (ACC-02). Paid subscriptions are governed by the Business Service Terms (CUS-03) and, for negotiated contracts, by the Enterprise Master Service Agreement (ENT-01) and its Order Form (ENT-02).
1.3 The Site is addressed to businesses, organisations and professionals. Public pages, previews and sample dashboards do not create a subscription, an order or any obligation to supply.
2. Permitted use
2.1 You may read the public pages, link to them and quote from them within the limits of the law.
2.2 You will not: bypass access controls; scrape or bulk-download content; upload malware; impersonate the Operator, Orygent or another person; interfere with the Site's operation; or use the Site for unlawful purposes.
2.3 The Operator may restrict access from a source that breaches clause 2.2 and will state the reason and a review route where lawful; urgent security measures may precede notice.
3. AI content on the Site
3.1 Disclosure. Where you interact with an AI system (chat, voice, agent, digital twin or generated content), the Operator tells you so at the start of the interaction and labels AI-generated or AI-manipulated content in accordance with Article 50 of Regulation (EU) 2024/1689. A voice or persona representing a real person is used only with that person's recorded permission.
3.2 Nature of outputs. AI outputs are generated from models and data that can be incomplete or wrong. They are information and assistance, not professional advice, and not a decision of the Operator. You remain responsible for decisions you take on the basis of an output. Where a decision has legal, financial, medical, educational or safety effect, the service routes it to a human reviewer or to you for decision, and the Operator does not make that decision automatically.
3.3 Human escalation. You may at any time request a human review of an AI interaction through support@orygent.com or the in-product escalation control; the Operator responds within 5 business days (consumer) or within the SLA (business).
3.4 Permitted use. You will not use AI features to impersonate a person without permission, to generate unlawful content, to circumvent safety controls, or to extract or reverse-engineer models. The Operator may suspend AI features for breach.
3.5 Recording and model use. Recordings, transcripts and uploads are used to provide the service to you. They are used to improve models only with your separate permission (purpose research_contribution), which you may withdraw at any time without affecting the service.
3.6 Sample metrics on the Site (for example drift or audit figures on demonstration dashboards) are illustrative and labelled as sample data; they are not measurements of any customer's tenant.
4. Content and intellectual property
4.1 You retain ownership of content you upload. You grant the Operator a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, display, distribute and create derivative works of your content for the purpose of operating, promoting (listing content only) and improving the service, for the term of your account plus the period required for backup and legal retention.
4.2 You warrant that your content does not infringe third-party rights and is not unlawful.
4.3 The Operator may remove or restrict content that it reasonably believes is unlawful, infringes these terms or creates a risk to users, and will inform you of the reason and the review route.
4.4 All platform software, designs, models, trade marks and data compilations are owned by the Operator or its licensors. No licence is granted except as stated.
5. Data protection
5.1 The Privacy Notice (PUB-02) and the Cookies policy (PUB-03) describe how the Operator processes personal data on the Site. The data roles are those in PUB-02 clause 2.
6. Changes
6.1 The Operator may amend these terms for legitimate reasons: changes in law, in the service, in security or fraud prevention, in the payment provider, or to clarify wording. The Operator notifies you of material changes by email and in-product at least 30 days before they take effect (immediately where required by law or security).
6.2 If you do not accept a material change, you may terminate before it takes effect and receive a pro-rata refund of any prepaid period affected. Continued use after the effective date is acceptance; for major changes the service asks you to confirm acceptance at your next sign-in.
6.3
7. Liability
7.1 Except for the excluded liabilities in paragraph 7.3, each party's total aggregate liability arising out of or in connection with the agreement in any contract year is limited to the fees paid or payable by the customer to the Operator under the agreement in the 12 months preceding the event giving rise to the claim.
7.2 Neither party is liable for indirect or consequential loss, loss of profit, revenue, business, goodwill, anticipated savings, or loss or corruption of data (except for the Operator's obligation to restore from its last available backup).
7.3 The limits do not apply to: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; wilful misconduct or gross negligence; the customer's payment obligations; a party's breach of confidentiality; a party's indemnity for infringement caused by its own content; or any liability that cannot be limited by law.
7.4 Service credits under the SLA are the customer's sole and exclusive remedy for service availability shortfalls.
7.5 The public Site is provided free of charge for information only. For a visitor who has paid no fees, the cap in clause 7.1 is the amount of fees paid, which is nil; the excluded liabilities in clause 7.3 remain unaffected.
8. Governing law and forum
8.1 This agreement is governed by Spanish law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The courts of the city of Barcelona have exclusive jurisdiction, without prejudice to either party seeking interim relief in any competent court.
9. Contact
9.1 Legal: legal@orygent.com · Support and complaints: support@orygent.com · Postal: Carrer Agricultura, 16, 1º, 9ª, 08320 El Masnou, Barcelona, Spain.
Platform-specific terms
Enterprise AI operations
1. The customer appoints tenant administrators who manage users, authority levels and data classes within the tenant. Actions with legal, financial or employment effect require approval by a human with the configured authority before execution; the service does not execute them automatically.
2. Employee data processed in the tenant is processed under the customer's instructions as controller; the DPA (DAT-01) applies.
3. Outputs are recommendations and drafts; decisions are the customer's.
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