These Terms and Conditions (the Agreement) operate between you (hereinafter referred to as the User) and the legal owner and operator of OnoGraph, Forebears DMCC, a company registered in accordance with the laws of Dubai, registered at Unit No: 3O-01-BA1149, Jewellery & Gemplex 3, Dubai, United Arab Emirates, under company number DMCC189441 (hereinafter referred to as OnoGraph, we, our or us). By using any of the services and/or software made available by OnoGraph through the website, located at https://forebears.io/onograph/, you agree and acknowledge that you have read, understood, and unconditionally accepted all of these Terms and Conditions. These Terms and Conditions will be electronically made available to you.
1.1 Agreement. The Agreement is the acceptance of the User of these Terms and Conditions, whether expressly or impliedly by using the Software and Website.
1.2 Query. The Query is the request entered by the User through the OnoGraph software.
1.3 Software. The Software offered under these Terms and Conditions is the OnoGraph software, where Users can enter Queries do detect nationality, location, spoken language, and gender from a person’s name.
1.4 User. The User is the party that uses the OnoGraph Software, creates a user account on the Website, or otherwise uses the services provided by or through OnoGraph.
2.1 Solely these Terms and Conditions are applicable to the use of the Software, the Website, and any of the relating services offered by OnoGraph by the User.
2.2 By using the Software or creating a user account, the User unconditionally accepts the applicability of these Terms and Conditions.
2.3 Any terms wielded by User that contradict these Terms and Conditions are rejected and are therefore not applicable to any use of the Software by the User.
2.4 In the event that one or more of the provisions in these Terms and Conditions are found to be void, either in whole or in part, the remaining provisions will remain in full force and effect. OnoGraph will formulate new provisions to replace the voided provisions, during which the scope of the original provisions has to be considered carefully.
2.5 OnoGraph is permitted to amend these Terms and Conditions unilaterally. The amended Terms and Conditions are immediately applicable to the User.
2.6 OnoGraph reserves the right to, in its sole discretion, cancel, interrupt, reschedule, or modify any of the Software, without giving reason or notice.
3.1 OnoGraph hereby grants the User a non-exclusive, non-sublicensable, non-assignable, royalty-free, worldwide license to access and use the Software for its intended purpose and in accordance with these Terms and Conditions.
3.2 OnoGraph will execute its obligations under the Terms and Conditions to the best of its knowledge and ability, conform the requirements of proper business conduct. Nevertheless, these Terms and Conditions only set out best efforts obligations for OnoGraph, not result obligations.
3.3 When creating a User account, the User must provide OnoGraph with accurate, complete, and updated registration information.
3.4 The User shall be responsible for maintaining the confidentiality of the password of the User account.
3.5 Upon deleting the User account, all private data shall be deleted instantly and permanently.
3.6 By agreeing to these Terms and Conditions, the User irrevocably acknowledges that, subject to the rights granted herein, User has no ownership interest in the Software or any materials provided by OnoGraph to the User.
3.7 Occasionally there may be typographical errors, inaccuracies or omissions that may relate to the Software. OnoGraph reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Software or on the Website is inaccurate, at any time without prior notice.
3.8 The User warrants and represents that in using and storing any information obtained through the Software or the Website, the User will comply with all applicable data and privacy laws.
3.9 The User warrants that it:
i. will comply with all applicable laws and regulations, including but not limited to privacy and data protection laws;
ii. will only use the Software and the information resulting from a Query for reasonable personal use or, in the case of a business, for internal purposes only;
iii. shall notify OnoGraph immediately upon becoming aware of any unauthorized use of any password or User account or any other known or suspected breach of security;
iv. will not access the Software or any information or material on the Website in order to build a similar product or competitive product;
v. will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software and/or Website or any party thereof;
vi. will only use the Services for lawful purposes and otherwise in accordance with these Terms and Conditions.
3.10 The User hereby acknowledges and agrees that OnoGraph shall not be responsible:
i. if any equipment or software including any browser or server software operated by a third-party fails;
ii. if a computer virus enters the User’s system as a result of use of the Software; or
iii. for any damage to equipment, hardware, programs or data, including the costs of repairing such equipment or hardware and the costs of recovering such programs or data.
3.11 To the maximum extent permitted by law, other than to the extent expressly set out in this Agreement, OnoGraph makes no warranties, either express or implied:
i. in relation to the quality, merchantability, performance, or fitness for a particular purpose of the Software and the results of a Query;
ii. that the Software and use thereof will meet the User’s requirements.
4.1 The User is allowed up to 100 free Queries per day. Additional Queries can be obtained with credits. A User can buy credits through the Website. Additional Queries expend either 1 or 2 credits.
4.2 Any payment made by the User for credits shall not expire. Any payment made by the User is a one-off payment and the User shall not be subject to any recurring payments or hidden fees.
4.3 All payments are made in USD and shall be processed by PayPal. OnoGraph can also handle manual payments by bank transfer, or cryptocurrency payment through various wallets.
4.4 OnoGraph takes all reasonable technical and organizational measures to ensure a safe and secure transfer or data and payment by the User.
4.5 The User may request for any unspent credits previously purchased to be refunded. The minimum amount needed for the refund to be allowed for processing is $5 USD worth of credits. Any refund may be subject to a transaction fee outside of OnoGraph’s control. Any additional fees such as a transaction fee are to be paid by the User.
4.6 Upon deletion of your User account, any outstanding credits will automatically be refunded by OnoGraph.
4.7 The User may further request any spent credits refunded, if the Software malfunctioned in any way when these credits were spent. OnoGraph may also refund Users who have mistakenly or incorrectly used the Software, although it will be at OnoGraph’s sole discretion to do so.
4.8 OnoGraph makes a reasonable effort to ensure that all prices on the Website are correct. Changes and obvious (typographical) mistakes in prices displayed on the Website do not bind OnoGraph.
5.1 These Terms and Conditions shall remain in full force until the User terminates their User account or otherwise stops using the Software and services provided on the Website.
5.2 OnoGraph has the right (but not the obligation) to, at its sole discretion, suspend or terminate the User’s access to the Software or the Website or remove any data or content transmitted without liability if:
i. OnoGraph reasonably believes that the Software is being used in violation of these Terms and Conditions or applicable law;
ii. Requested by a law enforcement or government agency or otherwise to comply with applicable law;
iii. OnoGraph learns that information obtained from the Software is being used in an inappropriate way;
iv. The Software or any information resulting from a Query is used (i) to recreate, in whole or in part, any database, (ii) for marketing purposes, or (iii) to distribute any substantial amount of information to third parties.
5.3 Unless otherwise agreed upon in writing, OnoGraph retains all rights and powers that accrue to it with regard to the intellectual property in the works produced by it. This includes copyright, trademarks, ideas, software, databases, concepts, illustrations, the look and feel of the website, coding or (test) designs etc. which therefore remain wholly owned by OnoGraph. The aforementioned elements that form part of the works produced by OnoGraph may not be multiplied, reproduced or modified without written permission from OnoGraph.
6.1 In the event of force majeure, there is no shortcoming attributable to OnoGraph. Force majeure in these Terms and Conditions is understood to mean any circumstance independent of the will of OnoGraph - even if it was foreseeable at the time the Agreement was concluded - which permanently or temporarily prevents fulfilment of the Agreement, and - to the extent not already therein included - war, danger of war, civil war, riot, strike, transport difficulties, computer malfunctions, power outages, staff illness and all external causes, foreseen or not foreseen, on which OnoGraph does not have any influence.
6.2 Any and all software (including the Software), services, information, and any other technology and materials provided by OnoGraph to the User are provided “as is” and “as available” and without any warranty of any kind. OnoGraph makes no other warranties, express or implied, of merchantability, fitness for a particular purpose, and noninfringement. OnoGraph does not warrant or represent that the Software or the services on the Website will be uninterrupted, error-free, or secure. The User acknowledges that there are risks inherent in internet connectivity that could result in the loss of privacy, data, confidential information, and property.
6.3 As far as OnoGraph knows, the Software does not contain any malicious code, program or another internal component which could damage, destroy or alter any data or other information accessed through or processed by the Software in any manner.
6.4 OnoGraph does not warrant or guarantee the accuracy, reliability, or legality of any information or material provided on the Website and the User accepts that it is their responsibility to determine if the information provided is sufficient for the User’s needs and the User will rely on their own skill and judgement in doing so.
6.5 To the maximum extent permitted by applicable law, OnoGraph is not liable for possible damage caused under these Terms and Conditions or by the performance of the Software, both due to itself or to third parties, except in the case of intent or deliberate recklessness on the part of OnoGraph, provided that it has been demonstrated by the User.
6.6 If OnoGraph is deemed liable, this liability is at all times limited to direct damage. OnoGraph is not liable for indirect and/or consequential damage. To the maximum extent permitted by applicable law, shall the OnoGraph’s liability, in any case, be limited to the maximum amount spent by a User on the Software.
6.7 The User indemnifies OnoGraph against all claims from third parties for compensation of damage. If OnoGraph is held liable by a third party in relation to these Terms and Conditions or the use of the Software, the User is obliged to pay OnoGraph all costs related to this, and the User is obliged to take responsibility for the liability directly (inter alia) by notifying the third party that OnoGraph is not liable, but that User is. If the User fails to do so, this automatically creates a right to claim from OnoGraph against the User for the amount for which OnoGraph is held liable.
6.8 The User is liable for all damage that OnoGraph may suffer as a result of a failure attributable to the User in the fulfilment of the obligations arising from these Terms and Conditions.
7.1 Assignment. User may not assign these Terms and Conditions or otherwise transfer any obligation hereunder in any way. OnoGraph may assign, in whole or in part, its rights, interests, and obligations hereunder without limitation.
7.2 Entire Agreement. These Terms and Conditions together with any other applicable documents as listed on the Website constitute the entire legal agreement between the User and OnoGraph regarding the subject matter hereof.
7.3 Headings. Headings are for reference purposes only, have no substantive effect, and will not enter the interpretation hereof.
8.1 Only the laws and regulations of the United Arab Emirates (UAE) applies to the legal relationship between OnoGraph and the User, without regard to conflict of law principles, and the UAE courts are competent (in the first instance) to take cognizance of any dispute between OnoGraph and the User, unless the law prescribes otherwise.