User Agreement

This User Agreement ("Agreement") is entered into between GiborAI ("Company", "we", "our") and you, the individual user ("User", "you") who creates an account or uses the GiborAI platform on behalf of your organization.

This Agreement works alongside our Terms of Service and Privacy Policy. By registering for or using our Service, you confirm that you have read, understood, and agree to be bound by this Agreement.

To use the Service, you must:

• Be at least 18 years of age.
• Have the legal authority to bind your organization (if registering on behalf of a business).
• Not be prohibited from using the Service under applicable laws.
• Provide accurate and complete registration information.

If you are registering on behalf of a business, you represent and warrant that you have the authority to bind that business to this Agreement.

As a User, you are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activities that occur under your account.
• Ensuring all Users within your organization who access the Service comply with these Terms.
• Promptly notifying GiborAI of any unauthorized use of your account at info@giborai.com.

GiborAI is not liable for any loss resulting from unauthorized use of your account that you failed to report in a timely manner.

You agree to use the Service only for lawful business purposes and in accordance with this Agreement. You must NOT:

• Use the Service to process data related to illegal activities.
• Attempt to circumvent security measures or access controls.
• Share your account credentials with unauthorized individuals.
• Use the Service in ways that could harm, disable, or impair the platform.
• Upload or transmit malicious code, viruses, or harmful content.
• Engage in data scraping or unauthorized automated access.
• Violate any applicable laws, including data protection and privacy laws.

As a User processing data through GiborAI's platform:

Data Controller Obligations: You are the Data Controller for personal data you input into the Service. You are responsible for ensuring you have a lawful basis for processing such data under GDPR and applicable laws.

Data Accuracy: You are responsible for the accuracy and integrity of data you submit to the Service.

Third-Party Data: If you input personal data belonging to third parties (e.g., your customers), you represent that you have the necessary consents or legal bases to do so.

Sensitive Data: You must not upload special categories of personal data (as defined under GDPR Art. 9) without explicit consent and appropriate safeguards in place, unless agreed upon in writing with GiborAI.

Both parties acknowledge the following GDPR obligations:

GiborAI as Data Processor: GiborAI processes personal data on your behalf as a Data Processor and will:
• Process data only on documented instructions from you.
• Ensure personnel processing data are bound by confidentiality obligations.
• Implement appropriate technical and organizational security measures.
• Assist you in responding to data subject rights requests.
• Notify you without undue delay (and within 72 hours) upon becoming aware of a personal data breach.
• Delete or return all personal data upon termination of the Agreement.

You as Data Controller: You are responsible for ensuring your use of the Service complies with GDPR and applicable data protection laws, including obtaining necessary consents and honoring data subject rights.

By accepting this Agreement, you acknowledge that GiborAI acts as a Data Processor under GDPR Article 28, and that the terms of this section constitute the Data Processing Agreement (DPA) between you and GiborAI.

The subject matter, nature, and purpose of processing is the provision of the SaaS Service as described in the applicable subscription plan. The types of personal data and categories of data subjects processed depend on the data you submit to the Service.

GiborAI will not engage sub-processors without your prior written consent or without informing you and providing opportunity to object. A current list of sub-processors is available upon request at privacy@giborai.com.

GiborAI IP: All software, interfaces, content, and technology underlying the Service are owned by GiborAI. This Agreement does not grant you any ownership rights in the Service.

Your IP: You retain all intellectual property rights to the data and content you submit to the Service.

Feedback: Any feedback, suggestions, or ideas you provide about the Service may be used by GiborAI without obligation to you.

Both parties agree to maintain the confidentiality of the other party's non-public information that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.

This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

GiborAI will keep your business data and configurations confidential and will not disclose them to third parties except as required to provide the Service or as required by law.

GiborAI may suspend or terminate your account if:

• You violate this Agreement or our Terms of Service.
• Payment obligations are not fulfilled after reasonable notice.
• You engage in activities that threaten the security or integrity of the Service.
• Required by applicable law or regulatory authority.

You may terminate your account at any time through account settings. Upon termination, your access to the Service will cease, and we will handle your data in accordance with our Privacy Policy and applicable law.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

GiborAI does not warrant that the Service will be error-free, uninterrupted, or meet your specific requirements. We make no warranty regarding the accuracy or reliability of any information obtained through the Service.

GiborAI reserves the right to update this Agreement at any time. We will provide at least 30 days' notice of material changes via email and/or prominent notice on our website.

Your continued use of the Service after the effective date of the revised Agreement constitutes your acceptance of the changes. If you do not agree, you must stop using the Service and notify us to terminate your account.

For questions about this User Agreement, please contact:

GiborAI Legal
Email: legal@giborai.com
Data Privacy: privacy@giborai.com
General: info@giborai.com