GENERAL TERMS OF USE

Welcome to Factum. These General Terms of Use (hereinafter: "Terms") represent a legally binding agreement that regulates your access and use of the website factum.mk, the application chat.factum.mk, and all related software, data, and services (collectively, "Services"). The Services are owned and operated by the Company for Marketing, Consulting and Software Development SOVETI DOOEL Skopje (hereinafter: "Factum", "We", "Us"). By registering a user account, clicking an acceptance button, or accessing or using our Services, you confirm that you have read, understood, and fully agree to be bound by these Terms. If you do not agree with these Terms in their entirety, you may not access or use the Services in any way. If you are using the Services on behalf of a legal entity (such as your employer, client, or other organization), you confirm and warrant that you have full legal authority to bind that legal entity to these Terms. In that case, the term "You" refers to both you as an individual and the legal entity you represent.

Definitions

User ("You"): A natural or legal person, as well as their authorized employees, who accesses or uses the Services based on a valid subscription.

User account:

A unique, personalized account created for the User to access the Services, protected with login credentials.

Input content:

Questions (prompts), data, texts, documents, images, and all other content that the User enters, uploads, or otherwise submits to the Services for processing.

Output content:

Text, analyses, summaries, documents, and all other content generated and returned by the Services in response to the User's Input content.

User content:

Input content and Output content together, which are specific to one User's interaction with the Services.

Intellectual property:

All intellectual property rights, including, but not limited to copyrights and related rights, trademarks, patents, trade secrets, designs, and other proprietary rights recognized by law.

Using the Services

License grant:

Provided you fully comply with these Terms, Factum grants you a non-exclusive, non-transferable, limited, and revocable right (license) to access and use the Services exclusively for your personal or internal business needs. This license is limited to the duration of your active subscription and is in accordance with the specifications of your subscription package. One license represents access to the Services by one named User from one computer device and one mobile phone.

User account:

Upon registration, you undertake to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your password and all other access credentials to your account. You are fully responsible for all activities that occur under your User account, regardless of whether they are authorized by you or not. You agree to immediately notify Factum of any unauthorized use of your account or any other security breach. Factum is not responsible for any loss or damage that may arise as a result of your inadequate protection of credentials.

Limitations and prohibited activities:

You agree that you will not use the Services, nor will you allow third parties to use them, for the following purposes and in the following ways: Disassembly, reverse engineering, decompilation, translation, or otherwise attempting to discover the source code, underlying ideas, algorithms, or technologies of the Services. Sharing, renting, selling, sublicensing, or otherwise transferring access to your User account to third parties. Each license is intended for one named user. Using automated means (robots, "spiders", "scrapers") for mass access, extraction, or indexing of data from the Services, unless expressly permitted by us. Using the Services in a way that may damage, disable, overload, or otherwise compromise the stability and integrity of our servers, networks, or infrastructure. Using the Services to develop competitive products or services, or for any comparative analysis (benchmarking) without our prior written consent. Using the Services to generate or distribute content that is illegal, defamatory, hate speech, harmful, or otherwise violates the rights of third parties, including intellectual property rights and privacy rights. Removing or modifying any copyright notices, trademarks, or other proprietary rights contained in the Services or Output content.

Intellectual property

Your Input content:

You retain all existing proprietary rights to the Input content you create and submit to the Services. By submitting Input content, you grant us a limited, non-exclusive, royalty-free license to use, process, and store your Input content, but exclusively for the purposes of providing the Services to you, including generating Output content and providing technical support.

Your Output content:

Provided you fully comply with these Terms, Factum transfers to you all its rights, ownership, and interests in the specific Output content generated for you. This means you can use the Output content for any purpose, including commercial purposes. However, you are solely responsible for the Output content you use and must ensure that its use complies with applicable laws and professional standards.

Content similarity:

Due to the nature of artificial intelligence and large language models, the Services may generate identical or similar Output content for different users who have asked similar questions. You have no rights to Output content generated for other users, nor do other users have rights to yours.

Factum ownership:

We retain all rights, ownership, and interests in the Services themselves, including the platform, software, user interface, algorithms, AI models, documentation, branding, and all other components. These Terms do not grant you any ownership rights in the Services.

Feedback:

If you provide us with any suggestions, ideas, or feedback regarding the Services, you grant us a non-exclusive, permanent, irrevocable, fully paid, and royalty-free right to use, develop, publish, and commercialize that feedback without any obligations or restrictions to you.

Fees, subscription, and payment

Subscription:

Access to the Services is subscription-based. Details about available packages, their functionalities, and prices are published on our website, available at https://factum.mk/pricing. We reserve the right to change prices, provided that each change will take effect from the next subscription period and you will be notified in advance.

Payment:

All fees are paid in advance for the selected subscription period (daily, monthly, or yearly). In case of unsuccessful payment, we reserve the right to suspend your access to the Services until payment is made.

Cancellation:

You can cancel your subscription at any time through your User account settings or by contacting our support. Cancellation takes effect at the end of the current subscription period, and you will have access to the Services until that date.

No refunds:

Paid subscription fees are non-refundable, unless otherwise provided by law or expressly agreed in a separate written agreement.

Confidentiality and data protection

Confidentiality:

Factum will maintain commercially reasonable physical, technical, and administrative safeguards to protect the security, confidentiality, and integrity of User content. The User acknowledges that the structure of the systems used in connection with the Services makes it technically possible for a limited number of Factum personnel to access User content. Factum personnel will access User content to the extent reasonably necessary to: perform the Services on behalf of the User; investigate or correct a system error or otherwise improve the Services; respond to appropriately authorized requests for information from police, law enforcement, or other government authorities; comply with any applicable law, regulation, invitation, disclosure request, or court order; investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activities; or enforce/protect Factum's rights and properties.

Prohibition on model training:

We will not use your input content or output content to train or improve our or any other AI models. This commitment is fundamental to our service and applies to both our internal systems and the systems of our sub-processors.

Personal data protection:

The way we collect, use, and protect your personal data is detailed in our Privacy Policy, available at https://factum.mk/policy, which is an integral part of these Terms

Disclaimer of warranties and limitation of liability

Service provided "as is":

The Services are provided "as is" and "as available", without any warranties, express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Factum does not warrant that the Services will be uninterrupted, timely, secure, error-free, or that they will meet all your specific requirements.

Output content is not legal advice:

Output content generated by the Services is a product of artificial intelligence and may contain inaccuracies, errors, or incomplete information. Output content does not constitute legal advice, nor a substitute for professional legal consultation. You are fully responsible for verifying the accuracy and suitability of output content before its use. You should not act or refrain from acting based on output content without first consulting with a qualified professional.

Limitation of liability:

To the maximum extent permitted by law, Factum's total liability to you for any direct damages arising from or related to these Terms shall not exceed the amount you paid for using the Services in the 12 (twelve) months preceding the occurrence of the claim. Factum shall not be liable for any indirect, incidental, or consequential damages (such as lost profits, data loss, or business reputation). This limitation does not apply to damage caused intentionally or with gross negligence.

Duration and termination of contract

Duration:

These Terms take effect from the moment you start using the Services and remain in effect until terminated.

Termination by you:

You may stop using the Services and terminate this agreement at any time by deleting your User account, whereby your subscription will end at the end of the current paid cycle.

Termination by us:

We may suspend or terminate your access to the Services if you materially breach these Terms. We will make reasonable efforts to notify you before taking this step.

Obligations after termination:

After termination of the agreement, your right to use the Services ceases. Provisions that by their nature should survive termination (such as those for intellectual property, confidentiality, limitation of liability, dispute resolution) remain in full force and effect.

General provisions

Governing law:

These Terms are governed and interpreted in accordance with the laws of the Republic of North Macedonia.

Dispute resolution:

All disputes arising from or related to these Terms, the parties will attempt to resolve amicably. If that is not possible, the Basic Civil Court in Skopje, Republic of North Macedonia, has jurisdiction to resolve the dispute.

Force Majeure:

Neither party shall be liable for non-performance or delay in performance of their obligations if caused by events beyond their reasonable control (force majeure), such as natural disasters, war, terrorism, pandemics, power or internet supply interruptions.

Changes to Terms:

We reserve the right to change these Terms at any time. You will be notified of all significant changes via email or through clear notification on the platform, at least 15 days before the changes take effect. Your continued use of the Services after publication of changes will be considered acceptance of them.

Entire Agreement:

These Terms, together with the Privacy Policy and all other policies referenced, constitute the entire agreement between you and Factum regarding the use of the Services and replace all previous agreements or communications, unless otherwise agreed in a separate written agreement.

Contact information

SOVETI DOOEL Skopje st. "Vladimir Komarov" no. 31/1-9A, 1000 Skopje Republic of North Macedonia VAT: 4032022554313 Contact email: info@factum.mk

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