Terms of service

1. Acceptance

By accessing or using Nibelung services, applications or APIs (together, the Services), you agree to these terms. If you do not agree, you may not use the Services. These terms apply to all users of our enterprise offerings, including those with active accounts. Reading this website does not require an account and is not governed by these terms.

2. The Services

Nibelung provides enterprise software and related services. Services may be deployed in customer-controlled cloud environments or in isolated infrastructure provided by Nibelung. The features available depend on your contract.

Where a separate written service agreement, statement of work or enterprise contract exists between you and Nibelung, that agreement governs the provision of the Services. If it conflicts with these terms, the written agreement prevails.

Product interfaces, screenshots, videos and demonstrations shown on this website or in Nibelung marketing material are illustrative and use synthetic or sample data. They do not depict, and must not be relied upon as representing, the data, configuration or results of any customer or third party.

3. Use of AI systems

Nature of AI outputs

Insights, predictions and recommendations produced by AI components of the Services support your analysis and inform your decisions. AI systems are probabilistic and may produce varying results, including occasional errors or unexpected output, even when operating as designed. No AI system is infallible.

Your responsibility for validation

You are responsible for validating, interpreting and verifying AI-generated output before using it in business, operational or compliance decisions. The Services are not professional advice of any kind, and no substitute for expert judgement in your domain.

Critical decisions need a person

For decisions with material business, legal, financial or regulatory consequences, you must exercise independent human review. Do not rely solely on AI output for such decisions.

4. Your responsibilities

As a user of the Services, you agree to:

• provide accurate and complete information in registration or contact forms
• keep your account credentials confidential
• ensure that data you provide complies with applicable law and your own contractual and data protection obligations
• use the Services only for lawful purposes and in line with these terms
• not reverse-engineer, decompile or access the Services in unauthorised ways
• report security vulnerabilities or suspicious activity to us promptly

5. Acceptable use

You agree not to:

• engage in unlawful, fraudulent or harmful activity
• transmit malware or code intended to damage the Services
• attempt unauthorised access to our systems or to customer data
• process personal data of others without a legal basis
• use the Services to infringe the intellectual property of third parties
• overload the infrastructure or interfere with normal operation
• resell or redistribute the Services without authorisation
• violate export control laws, sanctions or economic restrictions

A violation may lead to immediate suspension or termination of access.

6. Intellectual property

Ours

All intellectual property in the Services, including software, algorithms, documentation and brand material, is owned by Nibelung or licensed to us. You receive a limited, non-exclusive, non-transferable licence to use the Services for the purposes set out in your contract.

Yours

You retain ownership of the data and content you provide (Your Data). You grant us a licence to use Your Data solely to provide the Services, including processing, storing and analysing it as necessary. We do not use Your Data to prepare or improve our models without your explicit consent and a separate agreement.

Feedback

Non-confidential feedback about the Services may be used by Nibelung without restriction or compensation. Please do not send confidential information as feedback; without a separate confidentiality agreement we treat it as non-confidential.

7. Confidentiality

Both parties keep confidential the proprietary or sensitive information shared in connection with the Services, including our service architecture and your business data. This obligation survives for three years after the end of the relationship, except where disclosure is required by law, a court or a regulator, or where the information stops being confidential through no fault of the receiving party.

8. Limitation of liability

To the extent permitted by mandatory Austrian law, Nibelung's total liability arising from these terms or the Services is limited to the fees you paid in the twelve months before the claim.

Nibelung is not liable for indirect, incidental, consequential or punitive damages, including loss of profit, data or business opportunity, even if advised of their possibility.

These limitations do not apply where liability cannot be excluded or limited under mandatory Austrian law, including gross negligence, wilful misconduct, death or personal injury, fraud, or a material breach of data protection obligations under the GDPR or Austrian data protection law.

9. Warranties

The Services are provided as they are and as available. To the extent permitted by law, we disclaim all express or implied warranties, including merchantability, fitness for a particular purpose, accuracy or completeness of output, uninterrupted or error-free operation, and warranties about third-party services or integrations.

10. Termination

By you

You may stop using the Services at any time. For paid services, the cancellation terms of your service agreement apply.

By Nibelung

We may suspend or terminate your access immediately if you violate these terms, act unlawfully or breach your service agreement. We may also end or change the Services with reasonable notice, normally thirty days, except where abuse or a legal requirement demands immediate action.

Effects

On termination, your access ends. On request and where technically feasible you may export Your Data before deletion. We delete Your Data within thirty days of termination, or after an export request has been fulfilled, unless law or your service agreement requires otherwise.

11. Governing law

These terms are governed by the law of the Republic of Austria, excluding its conflict-of-laws rules. Disputes arising from these terms or the Services are subject to the exclusive jurisdiction of the courts of Vienna, Austria.

12. Changes

We may update these terms. Material changes are communicated by e-mail or by a prominent notice on this website. Continued use of the Services after such notice counts as acceptance; if you do not agree, your remedy is to stop using the Services.

13. Contact

Questions about these terms: info@nibelung.io (subject: Terms), or by post to Nibelung FlexKapG, Wickenburggasse 16, 1080 Vienna, Austria.