General Terms of Use ".mem Bot"

Scope

1. The AI Bot offers the user the opportunity to add it as a participant to private WhatsApp groups during the validity period in accordance with section 3.1 and to harvests the data from the chat according to section 1.2. It then packages the content up and sends it to an AI processor which creates a video from the content and passes the created video back to the bot. The bot then posts the video to the users WhatsApp chat. This service is free of charge.
2. For the purposes of this agreement, the user is the WhatsApp group member who has agreed to these terms of use and added the AI Bot to the WhatsApp group. The user agrees that the AI Bot sends notifications and harvests images, videos, text, emojis, messages, voicemails and reactions (hereinafter “data”) in the WhatsApp group to which the AI Bot will be added to create a video, as well as that the data collected within the group gets temporarily stored in the Open Telekom Cloud (hereinafter “OTC”) during creation of the video. Once the video is created and sent back to the group, all collected data and the created video are permanently deleted.
3. The user guarantees that all members of the WhatsApp group to which the AI Bot will be added also consent to these Terms of Use and the activities of the chatbot listed in clause 1.2. Any member of the WhatsApp group who no longer agrees to this has the option of excluding the AI Bot from the WhatsApp group.
4. The use of the AI Bot is also subject to the current terms of use of WhatsApp LLC, available at https://www.whatsapp.com/legal/terms-of-service-eea?eea=1

Functionality

1. The chatbot offers the user the opportunity to add it as a conversation participant to private WhatsApp groups during the validity period in accordance with section 3.1 and to interact with the group participants, as far as requested by a user. The chatbot’s responses are those of an artificial intelligence. Therefore, the response does not come from a human. Further information on the functionality of the chatbot can be found at https://summerofjoy.electronicbeats.net/no-excuses-bot
2. The AI Bot is based an artificial intelligence. Therefore, the entire interaction with the Bot does not come from a human. Further information on the functionality of the AI Bot can be found at https://summerofjoy.electronicbeats.net/no-excuses-bot

Scope of Use, Obligations to Cooperate & Prohibition of Abuse

1. The validity period of the AI Bot is 12.08.2024 – 30.09.2024. Telekom reserves the right to extend, shorten, or shut down the AI Bot at its own discretion, either entirely or with regard to individual functions, at short notice and without prior notice.
2. During this period, the AI Bot is generally available to the user without time restrictions. Section 4 and Section 6.1 remain unaffected by this.
3. The AI Bot may only be added to private WhatsApp groups for the purpose of private entertainment. Use outside of the aforementioned purpose, especially for commercial and/or business purposes, is prohibited.
4. The user independently verifies all legal provisions, laws, regulations, and industry-specific regulations relevant to the use of the platform and ensures compliance with them.
5. In particular, the user is solely responsible for all data created by him. Telekom does not carry out general monitoring or review of the data.
6. The user ensures that the services are not used abusively. In particular, the user ensures that:
   1. no information with illegal or immoral content is transmitted or posted, and no reference is made to such information,
   2. the national and international copyright, trademark, patent, name, personality, and other industrial property rights and personal rights of third parties are respected; with regard to any data to be uploaded, the user undertakes to ensure that he is the owner of all rights to the uploaded data and can freely use them, including, among other things, that the uploaded data are not encumbered with rights of third parties that would prevent such use,
   3. contributions do not contain advertising inserted for commercial purposes,
   4. the use of the service does not cause any impairments for Telekom, other providers, or third parties,
   5. no methods or tools are used in the context of use that could cause an overload of the AI Bot or the underlying technologies.
7. Furthermore, the user ensures that the information provided to Telekom is true and complete. The user undertakes to inform Telekom immediately of any future changes to the data provided. In addition, the user undertakes to ensure that the hardware and software used by him in the use of the AI Bot, including computers, routers, data communication systems, etc., are free from viruses, worms, trojans, etc.
8. Telekom reserves the right to block the AI Bot if there are signs of the user's disregard for the aforementioned cooperation obligations and/or abusive use.
9. By using the AI Bot, the user agrees to these terms of use and also declares this on behalf of the other group participants. In this respect, the user guarantees that all other group participants in the Whatsapp group to which the AI Bot has been added agree to the use of the AI Bot in accordance with these Terms of Use and comply with these Terms of Use.

Availability of the AI Bot

1. Due to maintenance work, there may be interruptions in the availability of the chatbot. Interruptions in availability may also occur due to force majeure or other causes beyond Telekom’s control.
2. Telekom points out that
   1. it is not technically possible to provide the AI Bot free from errors of any kind, and that Telekom does not assume any responsibility in this regard,
   2. errors can lead to a complete or temporary shutdown of the AI Bot,
   3. the availability of the AI Bot depends on conditions and services over which Telekom may have no influence, such as transmission capacity and telephone connections between the various parties involved. Telekom is not responsible for disruptions in these areas.

Granting of Rights; Copyright

1. Each group member grants Telekom the non-exclusive, transferable, sub-licensable and worldwide right to use all data uploaded by the group members to the WhatsApp group by Telekom´s AI Bot. This granting of rights includes the right to save, process, edit and use the data for the creation of the new video by the AI Bot.
2. Group members undertake not to contribute any data to the WhatsApp group, to which the AI Bot has been added, and make them available to the AI Bot for which they do not have the necessary rights. This includes, without limitation, data depicting persons who have not consented to their use, as well as data that is protected by copyright and/or whose use by the AI Bot would infringe the rights of third parties (e.g. concert recordings, copies of copyrighted works).
3. The group members will not share the video created by the AI Bot outside the WhatsApp group, to which the AI Bot has been added.
4. The user guarantees that the data provided by the group members for the AI Bot does not infringe any third-party rights, in particular copyrights, ancillary copyrights or personal rights. The user guarantees that the necessary rights and consents have been obtained for all data provided in order to include the data in the WhatsApp group, to which the AI Bot has been added, and make it available to the AI Bot for use.
5. The user shall indemnify Telekom and all its affiliated companies against all claims, including claims for damages, resulting from the infringement of third-party rights to the data provided in the WhatsApp group, to which the AI Bot has been added, for the use of the AI Bot.

Liability

1. Telekom always strives to ensure the uninterrupted availability of the AI Bot and the error-free transmission, but cannot guarantee this due to the fact that the AI Bot is an internet-based service. Repairs, maintenance work, or the addition of further functions and/or services to the AI Bot may lead to occasional temporary interruptions or restrictions in use. Telekom will try to limit the frequency and duration of such temporary interruptions or restrictions to a minimum. Nevertheless, no liability is assumed for damages resulting from the temporary inaccessibility and/or lack of usability of the AI Bot, nor for any data losses associated with the use of the AI Bot or with documents and/or information provided by the AI bot.
2. Telekom also does not guarantee that the information provided by the AI Bot is complete, accurate, and up to date in all cases. In particular, Telekom assumes no liability for content explicitly or implicitly marked as third-party content. Telekom is not responsible for ensuring that such content is complete, accurate, up to date, and lawful, and does not unduly interfere with the rights of third parties.
3. Telekom has no means of controlling links to other websites not operated by Telekom and the content found on such websites. For this reason, Telekom assumes no responsibility for the content of these websites and the consequences of their use by visitors to these websites. Access to all websites accessible via links is at the user's own risk.
4. The user indemnifies Telekom from all claims by third parties based on unlawful, rights-infringing, or abusive use of the AI Bot and the associated services. This also applies to all claims arising from data protection, copyright, or other legal disputes.
5. In the same way, the user indemnifies Telekom from any claims of the other group participants to whose group the user has added the AI Bot.
6. To the extent that liability is not already excluded due to the above provisions and sections 5.4, 5.5, 6.4 and/or 6.5 do not apply, the parties shall only be liable to each other in the event of intent and gross negligence. Only for damages resulting from the violation of life, body, or health, the parties shall also be liable to each other without limitation even in cases of slight negligence. If Telekom is in default with its performance due to slight negligence, if the performance has become impossible, or if Telekom has violated a material obligation, liability for resulting property and financial losses is limited to the foreseeable damage typical for the contract. A material obligation is an obligation whose fulfillment enables the proper performance of the contract in the first place, the violation of which jeopardizes the achievement of the purpose of the contract, and on whose compliance can be regularly relied upon.
7. Liability for all other damages is excluded.

Changes to the Terms of Use

1. Telekom reserves the right to change, supplement, or remove the functions and information provided by the AI Bot without prior notice, provided that this does not require a change to these terms of use.
2. For the actual provision of purchased products and/or services, the respective product- or service-specific general terms and conditions apply, to which the user is separately referred to regarding their validity and content.

Term

1. These terms of use come into effect upon acceptance and remain valid until the expiration of the term according to section 3.1.

Place of Jurisdiction and Applicable Law

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.