Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website, platform, and services provided by Journee Technologies GmbH, registered in Germany under commercial registry number HRB 220868 B with its principal office located at Chausseestr. 36, 10115 Berlin and operating under German law (hereinafter referred to as "Ojin", "we", "our", or "us").

By accessing or using our website and AI platform available at http://www.ojin.ai (the "Platform"), you ("User", "Customer", or "you") enter into a legally binding agreement with Journee Technologies GmbH and confirm that you understand and accept these Terms. If you do not agree, you must refrain from using the Services.

1. Eligibility

To use our Services, you must be at least 18 years old and possess the legal capacity to enter into binding contracts under applicable laws.
If you are a consumer (Verbraucher within the meaning of § 13 BGB), you may only use the Services for private, non-commercial purposes.
If you are acting on behalf of a company or other legal entity, you represent that you are authorized to bind such entity to these Terms.

2. Definitions

In these Terms:

"Account" means your individual, organization, or business login account registered on Ojin.
"Affiliate" refers to any entity that controls, is controlled by, or is under common control with Ojin.
"Applicable Law" includes all relevant legislation, including but not limited to the German Civil Code (BGB), Telemedia Act (TMG), and General Data Protection Regulation (GDPR).
"Confidential Information" means any non-public information disclosed by one party to the other, in any form, that is designated as confidential or that a reasonable person would consider confidential.
"Customer Input" refers to prompts, data, queries, text, code, media, and other content submitted to the Platform by the Customer.
"Output Content" means the response, code, text, media, or data generated by the Services based on the Customer Input.
"Documentation" means the user guides, manuals, and other explanatory materials regarding the use of the Platform and Services.
"Services" refers to the hosted services, software, and functionality made available via Ojin, including any updates and modifications.
"Subscription Plan" or "Plan" means the current model of access including relevant pricing and usage limits.

3. Scope of Services

Ojin provides a real-time generative AI platform for developers to build interactive and scalable AI applications, such as agents, world models and immersive applications. Core offerings include:

Managed AI Infrastructure: Serverless inference, fine-tuning and training of AI models.
Cloud Streaming Technology: Real-time high-fidelity content delivery.
Developer Tools: Including APIs, UIs, Command-Line Interface (CLI) tools, and Software Development Kits (SDKs) for building and deploying agents, world models and other applications

Services are accessible via a variety of interfaces, such as web-based interfaces, APIs, CLIs and SDKs. Services may offer varying tiers of functionality or performance capabilities, depending on user selections and applicable Subscription Plans.

Subject to full compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the applicable subscription period solely for your internal business or personal purposes.

Ojin may offer different Service Plans. Each Plan may include specific limits on usage, data processing, API calls, model access, support levels, and other features, as defined in the respective product descriptions or commercial agreements. You may upgrade or modify your Plan at any time, subject to additional fees.

We reserve the right to update, improve, restrict, suspend, or discontinue aspects of the Services, provided such changes do not materially reduce the value of Services without prior notice, except where necessary due to legal, security, or technical reasons.

Ojin may monitor the use of its Services to ensure compliance with these Terms, detect security vulnerabilities, and improve service functionality and performance.

4. Account Registration and Responsibilities

To access certain features of the Platform, you must register an Account. During registration, you agree to:

Provide complete and accurate information;
Maintain the confidentiality of your login credentials;
Ensure that your use complies with all applicable laws and regulations;
Refrain from any form of discrimination, harassment, or racist behavior in accordance with equality and anti-discrimination laws;
Respect the dignity and rights of all users, regardless of gender, ethnicity, religion, sexual orientation, or other personal characteristics;
Immediately notify us of any unauthorized use of your account or any suspected security breach.

You are solely responsible for all activities conducted through your Account, whether or not authorized by you. You must not allow others to access or use your Account unless authorized through team or enterprise features. You agree not to register more than one Account unless explicitly permitted.

In the event of suspicious or unauthorized activity, we may temporarily disable your Account and notify you. We may permanently suspend your access if a violation of these Terms is confirmed or suspected.

5. Customer Input and Content Rights

5.1 Ownership and License to Customer Input
You retain all right, title, and interest in and to any data, content, or materials you submit to the Platform ("Customer Input"). Nothing in these Terms shall be construed as transferring ownership of such Customer Input to Ojin.

By submitting Customer Input, you hereby grant Ojin a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, translate, distribute, and display such content, but solely for the purpose of operating, maintaining, improving, and providing the Services.

This license does not permit Ojin to use Customer Input for marketing, advertising, public dissemination, or other promotional or commercial purposes unrelated to the provision of the Services, unless explicitly authorized by you in writing.

You confirm that you have all necessary rights and permissions to submit the Customer Input and grant the rights described above. You are solely responsible for the legality, reliability, integrity, accuracy, and quality of the Customer Input you provide.

5.2 Output Content
Subject to your compliance with these Terms, you are granted a non-exclusive, worldwide, royalty-free, and perpetual license to use the Output Content for any lawful purpose, including commercial purposes, within the scope of your applicable Subscription Plan. You acknowledge that:

Output Content may not be unique and could be similar or identical to content generated for other users;
The Services do not claim copyright over Output Content, unless required to comply with applicable laws;
You are responsible for ensuring that your use of Output Content does not violate the rights of third parties.

Ojin does not warrant that the Output Content will be free from infringement, errors, inaccuracies, or be suitable for any specific purpose. You are responsible for verifying the Output Content before relying on it.

5.3 Restrictions on Use of Content
You agree not to:

Use Customer Input or Output Content in violation of any applicable law or regulation, including laws on data protection, intellectual property, and export controls;
Use the Services to distribute unsolicited or unauthorized advertising, spam, or promotional materials;
Submit Customer Input or use Output Content that is defamatory, obscene, abusive, invasive of privacy, illegal, or otherwise objectionable;
Attempt to use the Services or Output Content to impersonate any individual or entity or otherwise mislead others.

Ojin reserves the right (but is not obligated) to review, monitor, or remove any Customer Input that violates these Terms or is otherwise objectionable in our sole discretion.

5.4 Compliance with Data Protection Laws
If you submit personal data as part of the Customer Input, you are the Data Controller under the GDPR. Ojin acts as a Data Processor. You must ensure that you have a lawful basis for processing and transferring any personal data to us. For further information, see our Privacy Policy and Data Processing Agreement (DPA), which can be requested at any time.

5.5 Responsibility for End Users and No Sublicensing
If you provide access to the Platform, Services, or Output Content to your own customers or users (“End Users”) as part of your Experience, you remain fully responsible for their use and compliance with these Terms. You must ensure that End Users do not breach any applicable laws or third-party rights, and you shall be liable for their actions as if they were your own.
You may not sublicense, assign, or otherwise transfer your rights to End Users unless explicitly authorized in writing by Ojin. End Users may access the Platform only within the scope of your own permitted use.

5.6 Use of Customer Content for Model Training
To improve and further develop our Services and underlying AI technologies, you grant Ojin a non-exclusive, worldwide, royalty-free license to use Customer Input and associated usage data—including prompts, inputs, outputs, and interaction logs—for the purpose of training, fine-tuning, evaluating, and benchmarking our AI models and algorithms.
Such use shall be conducted in accordance with applicable data protection laws. Where legally required, data will be anonymized or aggregated to reduce identifiability.
If you are an Enterprise Customer and prefer to restrict such use, you may request a separate Data Processing Addendum (DPA) that overrides this section.

5.7 Roles under the GDPR
For the purposes of the General Data Protection Regulation (GDPR):
Where you use the Services as a private individual (consumer) for your own non-commercial purposes, Ojin acts as the Data Controller for any personal data processed as part of the Service. In this case, Ojin determines the purposes and means of processing and is responsible for compliance with applicable data protection obligations.
Where you use the Services on behalf of a company or other legal entity, and submit personal data to the Platform in that context, you act as the Data Controller and Ojin acts as a Data Processor within the meaning of Article 28 GDPR. In such cases, a separate Data Processing Agreement (DPA) may be required.
For further details, please refer to our Privacy Policy and the Data Processing Agreement.

6. Acceptable Use and Prohibited Conduct

6.1 General Prohibited Conduct
You agree to use the Services only for their intended purposes and in accordance with applicable laws and these Terms. You must not:

Access or use the Services in violation of any export control laws or sanctions regulations applicable in Germany, the EU, or the jurisdiction from which you are accessing the Services;
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of any part of the Services, except to the extent expressly permitted by law;
Use the Services to develop competing products or services;
Interfere with, damage, or disrupt any part of the Services, servers, networks, or other systems used by us or our providers;
Transmit or introduce any malware, ransomware, spyware, viruses, or other harmful software code;
Use any automated system, such as bots or scripts, to access the Services in a manner that sends more request messages to the servers than a human can reasonably produce in the same period;
Harvest, scrape, or otherwise collect data from the Services or users without authorization;
Bypass or breach any security or authentication measures;
Infringe, misappropriate, or violate the intellectual property rights or other rights of third parties.

Violation of this Acceptable Use Policy may result in immediate termination or suspension of your access to the Services and legal action under applicable law.

6.2 Prohibited High-Risk Use
The Services are not designed, intended, or warranted for use in environments requiring fail-safe performance or where the failure of the Services could lead to death, personal injury, or severe physical, financial, or environmental damage.

This includes but is not limited to the use of the Services in:

medical or diagnostic devices, or for clinical decision-making,
aviation, air traffic control, or aircraft navigation systems,
autonomous or self-driving vehicles,
life-support systems, critical infrastructure, or energy systems,
nuclear facilities, defense or military operations, or weapons systems,
or any other application where a malfunction or error could result in catastrophic consequences.

You agree not to use the Services in such high-risk environments. Such use is strictly prohibited and entirely at your own risk.

Ojin expressly disclaims all liability for any damages, claims, or losses arising out of or in connection with the use of the Services in such high-risk contexts.

7. Fees and Payment Terms

7.1 Pricing and Payment Methods
Fees for Services are based on your selected Subscription Plan. All prices are listed in Euros and are exclusive of applicable value-added tax (VAT) unless stated otherwise. Payments can be made using major credit cards, SEPA direct debit, or other methods supported by our payment processor.

By providing payment details, you authorize us or our processor to charge the applicable fees on a recurring or one-time basis, depending on your Plan.

7.2 Invoicing and Taxes
Invoices will be issued electronically unless agreed otherwise. All amounts are payable in full, without deduction or withholding. You are responsible for all taxes and duties associated with your purchases, excluding taxes based on our income.

7.3 Renewal and Cancellation
Unless otherwise agreed, Subscription Plans renew automatically for successive terms. You may cancel your subscription through your Account dashboard. Cancellation will take effect at the end of the current billing cycle of your chosen subscription.

Credits purchased as part of a prepaid model are non-refundable and expire xx months from the date of issuance unless otherwise specified in writing.

7.4 Right of Withdrawal (for Consumers only)
If you are a consumer and reside in the European Union, you may have the right to withdraw from this contract within 14 days without giving any reason. The right of withdrawal expires prematurely once the digital content has been fully delivered and the performance has begun with your prior express consent and acknowledgment that you thereby lose your right of withdrawal.

8. Data Protection and Privacy

We process your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and the German Federal Data Protection Act (BDSG). Our Privacy Policy outlines the categories of personal data processed, purposes, legal bases, and data retention practices.

By using the Services, you acknowledge and agree that:

Ojin processes personal data to provide, maintain, and improve the Services;
You may enter into a Data Processing Agreement (DPA) with us when acting as a Data Controller;
We may store and process data in the European Economic Area (EEA) or other jurisdictions that provide adequate protection;
We implement appropriate technical and organizational measures (TOMs) to protect personal data.

You agree to comply with your obligations under applicable data protection laws when using our Services, especially when collecting, storing, or processing personal data of third parties.

9. Intellectual Property

9.1 Ownership of the Platform
All intellectual property rights in the Services, including the website, models, software, APIs, source code, visual design, and underlying technology, are and shall remain the exclusive property of Journee Technologies GmbH or its licensors. Nothing in these Terms transfers any ownership rights to you.

9.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services solely as permitted under these Terms and your applicable Subscription Plan.
You may not:

Reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any part of the Platform without our express written consent;
Use our trademarks, logos, or brand features without prior authorization.

No ownership or intellectual property rights are transferred to you in connection with your access to or use of the Services or any related Output Content. All rights not expressly granted are reserved by Ojin and its licensors.

10. Third-Party Services and Dependencies

Our Services may rely on, integrate with, or link to third-party services, software, or infrastructure ("Third-Party Services"). These may include cloud hosting providers, AI model APIs, payment gateways, or communication platforms.

By using the Services, you acknowledge and agree that:

Third-Party Services are governed by their own terms and privacy policies;
Ojin is not liable for any interruptions, errors, or performance issues caused by such Third-Party Services;
Ojin may change, replace, or discontinue specific Third-Party Services at any time;
Certain infrastructure or services (e.g. AI APIs, cloud storage, payment processing) may be operated by providers located outside of the European Union, including in the United States or other jurisdictions;
The availability and security of Third-Party Services may be subject to foreign laws and compliance frameworks that are beyond Ojin’s control.

11. Termination

11.1 By You
You may terminate your Account at any time by following the process in your user dashboard or contacting support. Termination will result in deactivation of your access, and any unused credits or subscriptions will not be refunded.

If you are a consumer, you may terminate your subscription at any time after the minimum length of your subscription (which may not exceed 12 months) with one month's notice to the end of a calendar month, unless shorter termination periods are required by applicable consumer protection laws.

11.2 By Ojin
We may suspend or terminate your access if:

You breach these Terms;
Your account is inactive for more than 12 months;
It is required by law or regulatory authority;
You engage in abuse, fraud, or misuse of the Services.

Where possible, we will give reasonable notice before termination. Provisions which by their nature survive termination (e.g. intellectual property, limitation of liability) will continue to apply.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Ojin’s liability is strictly limited as follows:

Ojin shall only be liable for damages caused by willful misconduct (intent) or gross negligence.
For damages resulting from slightly negligent breaches of material contractual obligations (“cardinal duties”), Ojin’s liability shall be limited to damages typical for this type of contract and foreseeable at the time of conclusion, and shall not exceed EUR 5,000 per claim and EUR 10,000 in total per calendar year.
Ojin shall not be liable for indirect, incidental, or consequential damages, including but not limited to loss of profits, business interruption, or loss of data, unless caused by intent or gross negligence.
Ojin shall not be liable for loss of data if the damage would have been avoided through proper and regular data backups performed by the Customer.
Unlimited liability applies only for damages resulting from injury to life, body, or health caused by Ojin’s fault.

All limitations of liability also apply to the benefit of Ojin’s legal representatives, employees, subcontractors, and agents. Any mandatory statutory liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

13. Indemnification

You agree to indemnify, defend, and hold harmless Journee Technologies GmbH and its officers, directors, employees, and affiliates against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

Your use of the Services in breach of these Terms;
Any Customer Input you submit that infringes third-party rights;
Any violation of applicable laws by you or your affiliates in connection with use of the Services.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully.

14. Disclaimer of Warranties

The following limitations apply differently depending on whether you are a business customer (entrepreneur) or a consumer under German law:

14.1 For Business Customers (Unternehmer i.S.d. § 14 BGB):
To the maximum extent permitted by applicable law, the Services are provided “as is” and “as available”, without any warranties, guarantees, or representations, whether express, implied, or statutory.

Ojin expressly disclaims all warranties, including but not limited to:

merchantability,
fitness for a particular purpose,
non-infringement,
accuracy, completeness, or reliability of Output Content.

We do not warrant that:

the Services will be uninterrupted, secure, or error-free,
Output Content will meet your expectations or be fit for any legal or commercial purpose,
any errors will be corrected or results will be accurate,
or that the use of the Services will lead to any specific outcome.

You use the Services at your own risk and are solely responsible for verifying all results before relying on them.

14.2 For Consumers (Verbraucher i.S.d. § 13 BGB):
If you are a consumer, statutory warranty rights apply and are not limited or excluded by this section. In particular, your rights under §§ 327 et seq. and §§ 434 et seq. BGB (digital product conformity and sales law) remain unaffected.

14.3 No Explainability Guarantee
The Services may produce results using probabilistic models that are not fully explainable or interpretable. You acknowledge and accept that outputs may not reflect causal or logical reasoning and should not be relied upon without independent verification.

14.4 Output Content Disclaimer
We do not guarantee that any output generated by the Services is accurate, lawful, free of third-party rights, or suitable for your intended use. You are solely responsible for reviewing and verifying any output before relying on it or using it commercially.
Ojin disclaims all liability for damages resulting from your use of generated content.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a business customer (Unternehmer), the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be Berlin, Germany.

If you are a consumer and reside within the European Union, this choice of law does not deprive you of the protection afforded to you by mandatory provisions of the law of your habitual residence.

If you are a consumer or entity residing outside the European Union, including the United States or other non-EU jurisdictions, you agree that any disputes arising from these Terms shall be submitted to the courts of Berlin, Germany, unless mandatory consumer protection law in your country of residence requires otherwise.

16. Dispute Resolution

We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board. However, EU consumers may use the EU Commission’s online platform for alternative dispute resolution: https://ec.europa.eu/consumers/odr.

Nothing in this section restricts your statutory rights under German or EU law.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid one that most closely reflects the parties’ original intent.

18. Export Control and Sanctions Compliance

18.1 Legal Compliance
You agree to comply with all applicable export control, trade restrictions, and sanctions laws and regulations, including but not limited to those of:

the Federal Republic of Germany,
the European Union,
the United States of America (including the Export Administration Regulations (EAR) and sanctions programs administered by the U.S. Office of Foreign Assets Control (OFAC)).

This obligation applies to your access to, and use of, the Services, any related software, documentation, and output, and any transfer or transmission of data, technology, or information.

18.2 Prohibited Uses and End-Users
You may not use the Services:

for the development, production, or use of nuclear, chemical, or biological weapons,
for missile technology or military end-use in violation of applicable laws,
for or on behalf of any person or entity on any applicable government sanctions or export denial list, including the U.S. Specially Designated Nationals (SDN) List, the EU Consolidated Financial Sanctions List, or the UN Sanctions Lists.

The Services may not be exported or re-exported into any countries subject to comprehensive embargoes or sanctions, including but not limited to Iran, North Korea, Syria, Cuba, and the Crimea, Donetsk, and Luhansk regions of Ukraine.

18.3 Restricted Territories and Sanctioned Persons
You represent and warrant that:

you are not located in, organized under the laws of, or a resident of any country or region subject to a comprehensive trade embargo by Germany, the European Union, or the United States;
you are not listed on any government list of prohibited, restricted, or denied parties, including but not limited to the SDN List maintained by OFAC, the BIS Entity List, or the EU Restrictive Measures List;
you will not permit any third party to access or use the Services in violation of such laws or lists.

18.4 Right to Suspend or Terminate
Ojin reserves the right to suspend or terminate access to the Services without notice if we determine, in our sole discretion, that your use violates export control or sanctions laws, or that you are engaging in a prohibited activity under this section.

18.5 User Responsibility
It is your sole responsibility to ensure that your use of the Services complies with all applicable export control and sanctions laws. You agree to indemnify and hold harmless Ojin from any liability, claims, damages, or costs arising from your violation of this section.

19. Final Provisions

19.1 Assignment
You may not assign or transfer these Terms or your rights without our prior written consent. We may assign our rights and obligations under these Terms to an affiliate or in connection with a merger or acquisition.

19.2 Force Majeure
We shall not be liable for any failure or delay caused by events beyond our reasonable control, including but not limited to strikes, natural disasters, wars, pandemics, or technical failures of third-party systems.

19.3 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.

19.4 Entire Agreement
These Terms, including any referenced policies or agreements (e.g. Privacy Policy, DPA), constitute the entire agreement between you and Ojin with respect to the subject matter and supersede any prior agreements.

19.5 Consumer Dispute Resolution Notice
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board under the German Consumer Dispute Resolution Act (VSBG).

20. Contact

If you have any questions or concerns about these Terms or the Services, you may contact us at:

Journee Technologies GmbH
Chausseestr. 36, 10115 Berlin
Email: info@ojin.ai
http://www.ojin.ai

21. Feedback and Suggestions
Any feedback, suggestions, or ideas you submit to us shall be deemed non-confidential and become the sole property of Ojin. We shall be entitled to use such feedback without restriction or obligation to compensate you.