General Terms and Conditions for the use of the ORIA app

Last updated on June 1, 2024
This mobile application, named “ORIA”, is published by ORIA APP LTD, COMPANY NUMBER 13625950, headquartered at 105 Marton Drive, First Floor, Blackpool, England, FY4 3EX.

ORIA APP LTD specializes in the creation and development of software accessible via the websites https://oriaapp.com and https://app.oriaapp.com (hereinafter referred to as the “Sites”), as well as the publication of business software.

The purpose of the Platform is to offer Clients and Users, as professionals, a solution designed to assist them in Human Design.
It allows the generation of personalized Human Design charts and provides detailed analyses.

These General Terms of Use (GTU) apply to all access to and use of the Platform, whether free (Trial Account) or paid (when the User subscribes to a paid ORIA service).
The Preamble forms an integral part of these GTU.


Preamble

These GTU aim to define the terms and conditions for using the Platform and accessing its Services by the User and the Client.

They apply to the use of the Site, accessible at https://oriaapp.com, as well as all the Services offered there by ORIA APP LTD.

Thus, any use of the Platform and Services by the User and the Client implies full and unconditional acceptance of these GTU.

The fact that any provision of the GTU becomes illegal or unenforceable shall not in any way affect the validity or enforceability of the remaining provisions.

ORIA APP LTD reserves the right to modify or adapt these GTU at any time, notifying Users of any new version, who agree to review these changes.

Each term starting with a capital letter herein has the meaning given to it in its definition in the General Terms of Sale (GTS).


Article 1 – Access to the Platform

1.1 General

ORIA APP LTD grants access to the Platform only to individuals specifically authorized by ORIA APP LTD and its Users.

The Platform is accessible to any legal or natural person who is of legal age and capable of acting within the scope of their commercial, industrial, artisanal, professional, or agricultural activity.

The Platform provides access to the Services offered by ORIA APP LTD.

ORIA APP LTD commits to implementing all necessary means to provide Users with reliable and fast access to the Platform. The User acknowledges that the Services constitute a highly complex platform, particularly in terms of IT technology, and agrees to assume the risks of unavailability or inadequacy of the Platform.

ORIA APP LTD may recommend specific technical requirements or configurations for using the Platform.

The User is responsible for meeting these technical requirements or recommendations and ensuring, in all cases, that their equipment is compatible with the Platform.

The User is solely responsible for their Internet connection and any associated costs. They acknowledge that ORIA APP LTD cannot be held liable for Internet interruptions, viruses affecting their data and/or software, misuse of account passwords, or any damages caused by third parties.

The Client is entirely responsible for the use of the Platform.


ORIA APP LTD shall not be held liable for any malfunction of the Platform resulting from improper use of the Service by the Client.


1.2 Password

To access the Services, the User must log into the Platform via the Site by entering their email address and password.

The email/password combination is strictly personal. It is the responsibility of the Client and Users to maintain the confidentiality of this combination, which grants access to the Platform.

In case of password loss and/or forgetting, the account holder may request a password reset from the login page by clicking on “Forgot password.”

The Client and User also commit to not sharing their login credentials or lending, giving, selling, or otherwise making their account and/or password available to any third party for any reason.

Failing this, ORIA APP LTD cannot be held liable for any unauthorized use of this information.

In the case of fraudulent use of the Client’s or User’s login credentials due to negligence or fault attributable to the Client, the User, or any employee under their control or hierarchical authority, the Client and User shall be liable to ORIA APP LTD  for any data loss or damage and, more generally, for any harm caused by non-compliance with the rules outlined in these GTU.


1.3 Account Deletion

Users can delete their account at any time from the profile settings on the Platform. To do so, they must log in to the Platform, go to the “Settings” section, and select the “Delete my account” option. Once the account is deleted, all associated data will be permanently removed from our servers in compliance with our Privacy Policy.


1.4 Maintenance

The operation of the Platform and access to the Services may be temporarily interrupted for maintenance or updates:

  • Without prior notice outside of working hours (from 9:30 a.m. to 12:30 p.m. and from 2:00 p.m. to 6:00 p.m., Madrid Time Zone);
  • In cases of absolute necessity;
  • With 24 hours’ notice for any intervention expected to exceed one hour during working hours.

1.5 Trial Account

ORIA APP LTD offers the possibility of creating a free account for third parties wishing to evaluate the Platform.

This Trial Account is available for a period of fifteen (15) days from its activation under the following conditions:

  • Only one free account can be created per individual, with a single card linked to the account;
  • The User authorized to use a free account acknowledges that access to the Platform is solely for obtaining their Human Design chart and testing the Platform’s functionalities before purchasing paid services for interacting with the AI;
  • The User agrees not to perform any processing or services for third parties using their Trial Account;
  • ORIA APP LTD cannot be held liable for any use of the Platform under the free service;
  • ORIA APP LTD shall not be liable for any compensation in the event of a malfunction of the Platform during the free trial period;
  • ORIA APP LTD reserves the right to delete, without prior notice, any Trial Account that does not comply with the above conditions or any other provisions of these GTU.

Article 2 – Use of the ORIA Application

The User is solely responsible for implementing security, protection, and backup measures for their equipment, content, and software.

The User agrees not to perform any action that could compromise the security of the Platform and to use the Platform in compliance with applicable laws and regulations.

When using the Platform, each User specifically agrees to:

  • Not use the Platform for fraudulent purposes or any purpose not outlined in these GTU, not impersonate anyone or attempt to access any account other than their own, and not upload viruses or files that could harm the integrity of the Platform;
  • Not create multiple accounts to access the Platform and artificially renew the free card generation service provided by ORIA APP LTD, as described in Article 1.4.

The User also agrees to respect third-party rights, personal rights, and intellectual property rights, including copyright, patents, or trademarks.

The User is prohibited from using the Service to make public any content for which they do not hold the rights.

The User is strictly prohibited from any illegal or unlawful use of the Service, including but not limited to: spamming, intrusions, or attempts to intrude from the Service (e.g., port scanning, sniffing, spoofing, etc.).


Article 3 – Responsibilities

3.1 Responsibilities of ORIA APP LTD

ORIA APP LTD implements the necessary technical measures to ensure the security of connections, content, and personal data of its Users.

ORIA APP LTD provides the Platform under a best-effort obligation and uses processes and techniques in line with current standards.

However, given the current state of knowledge, tests, and experiments cannot account for all possible uses.

ORIA APP LTD does not guarantee that the Platform will operate without interruptions or malfunctions, that it will be free of anomalies or errors that can be corrected, or that it will be compatible with any hardware or configuration other than those expressly approved by ORIA APP LTD.

ORIA APP LTD reserves the right to temporarily suspend access to the Platform at any time:

  • For updates, technical maintenance, or improvements to ensure proper functioning or to fix a breakdown;
  • In cases of server unavailability for any reason;
  • In cases of unpaid fees, breaches of the GTU and GTS, or security breaches caused by third parties affecting the Platform and the content hosted by ORIA APP LTD.

ORIA APP LTD shall not be held liable for any compensation due to temporary interruptions under the above conditions.


3.2 Responsibilities of the User

The User is responsible for:

  • Their access to and use of the Platform;
  • Obtaining and maintaining all necessary equipment to access the Platform;
  • Ensuring that this equipment is compatible with the Platform.

The Client is entirely and solely responsible for the content uploaded, stored, or published by Users via the Platform. Users are informed that using the Platform does not exempt them from creating backups.

The Client confirms they have the technical knowledge required to properly administer the Platform, especially regarding handling their data.


3.3 Refund Policy

ORIA APP LTD informs Users that questions posed to the ORIA AI are non-refundable. Users accept and understand that once a question is asked and a response is provided, the service is considered rendered, and no refund will be granted.

Users also acknowledge that refunds will not be provided for errors made while entering questions or for dissatisfaction with the responses provided by the AI. In the event of a verified technical issue preventing the delivery of the response, ORIA APP LTD will review requests on a case-by-case basis to potentially provide compensation in the form of credits or additional questions.


Article 4 – Protection of Personal Data

ORIA APP LTD collects and processes the data that Users voluntarily provide to access and use the Platform, as well as data related to User preferences and traffic, in accordance with its Privacy Policy and Cookie Policy.

In compliance with this Privacy Policy, the information collected by ORIA APP LTD is processed to manage access to the Platform, the purchase of questions, service and support delivery, the creation of commercial and marketing offers, and to enhance products, content, and the User experience.

In accordance with applicable personal data protection regulations, the User has the rights to access, rectify, delete, limit, and transfer their data and, where applicable, to object to processing. These rights can be exercised by contacting contact@oriaapp.com, provided that identity verification is supplied.

ORIA APP LTD implements appropriate technical and organizational security measures to protect personal data against loss, theft, unauthorized access, disclosure, or alteration.

User personal data may be shared with subcontractors solely to provide the requested services, and these subcontractors are contractually required to respect the confidentiality and security of the data.

User personal data will be retained for the duration necessary to achieve the purposes for which it is collected and processed, in compliance with applicable legal requirements.


Article 5 – Intellectual Property

The Platform is owned exclusively by ORIA APP LTD without any limitation. The User is authorized to use the Platform in accordance with the License.

All rights not expressly granted by the GTU are reserved.

The Platform is an original work protected by intellectual property rights and international conventions. The User guarantees not to modify, rent, borrow, sell, or distribute these works, nor to create derivative works based on them, in whole or in part. The User also agrees not to engage in reverse engineering, except under legal conditions.

No use of the name or trademark of ORIA APP LTD may occur without prior consent.

The User acknowledges that ORIA APP LTD is the sole owner of its intellectual property rights, particularly concerning the Platform. The User must not, at any time, dispute this ownership or the validity of the intellectual property of ORIA APP LTD or the rights attached to it.

The elements available on the Platform, including software, databases, features, web pages, text, photographs, images, icons, sounds, videos, and more generally, all information accessible to the User, are the sole and exclusive property of ORIA APP LTD.

The Client agrees to be listed in the Client references of ORIA APP LTD (company name and corresponding logos) as a commercial reference.


Article 6 – Termination

In the event of non-compliance by the User with these GTU, ORIA APP LTD reserves the right to terminate their access or delete their account.

ORIA APP LTD also reserves the right to take any action to stop any infringement of its rights and obtain compensation for any harm suffered.


Article 7 – Applicable Law

These GTU are governed by French law. In the event of any conflict between a translated version of the GTU and the French version, the French version shall prevail.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE CONCERNING THEIR VALIDITY, INTERPRETATION, OR ENFORCEMENT SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS WITHIN THE JURISDICTION OF THE REGISTERED OFFICE OF DEVA CORPORATION LTD, INCLUDING IN CASES OF THIRD-PARTY CLAIMS OR MULTIPLE DEFENDANTS.