1. Key Information

We, the authorized representatives and employees of max.recall information systems GmbH, provide you with innovative and unique online services through our websites, www.max-recall.com and www.smart-coder.ai (hereinafter referred to as the "Websites"). SMARTCODER.ai offers an automated service for coding free-text responses in surveys. The service conducts an intelligent analysis of free-text answers, automatically generating a code table and applying codes to each response. We invite you to access the benefits provided by our service.

2. Scope

These Terms and Conditions (TOS) constitute an integral part of all contractual relationships between max.recall information systems GmbH (hereinafter referred to as "max.recall") and the User of the Websites (www.max-recall.com and www.smart-coder.ai). Any terms and conditions proposed by the User are expressly rejected. The latest version of these TOS shall apply to all future transactions between the contracting parties, even if not expressly referenced in future contracts.

By registering, the User acknowledges and agrees to these TOS and any incorporated agreements by reference. Registration and use of SMARTCODER.ai are contingent upon explicit consent to these TOS. These TOS remain valid until amended in the current version as of March 20th, 2025.

3. max.recall Services

max.recall provides access to SMARTCODER.ai via the Websites (www.max-recall.com and www.smart-coder.ai). The System facilitates the computer‐assisted processing of survey data through the following steps.

The SMARTCODER.ai service enables:

First, the User uploads a survey file (in Excel, CSV, or plain text format) containing sample responses in order to generate a code table. Next, the User uploads another survey file (in Excel, CSV, or plain text format) that contains the full set of survey responses. The system then processes the complete response set using the generated code table, automatically assigning codes based on an established coding framework. The User may subsequently review and, if necessary, manually edit the coded survey via the online interface. Finally, the User can download the fully coded survey as an Excel file for further analysis.

No additional software installation is required to use SMARTCODER.ai.

4. Registration and Subscription

In order to access the SMARTCODER.ai service, the User must complete a one-time registration, which is provided free of charge. Upon registration, the User may select from a range of subscription plans that differ in the level of service and token allowances.

The available subscription plans include a complimentary plan and one or more paid plans. The specific details regarding each plan—including pricing, token allowances, and support levels—are published on the SMARTCODER.ai website and may be amended from time to time at the sole discretion of max.recall.

By registering for an account and selecting a subscription plan, the User acknowledges and agrees to these TOS and consents to any modifications to the subscription details as published on the website. Each User is permitted to register only one account; duplicate or unauthorized registrations may be rejected and deleted.

5. Duration

max.recall strives to provide continuous access to its services. However, the User acknowledges that max.recall may terminate access to the User's account and delete associated projects after three months if (i) the User terminates the contract or (ii) the User fails to pay the monthly subscription fee for three consecutive months.

6. General Terms for All Users

The User is responsible for safeguarding their account against unauthorized use. The User must notify max.recall immediately via email at support@smart-coder.ai of any unauthorized or fraudulent activity involving their account or if they suspect that their account may be at risk.

max.recall will not refund any fees paid by the User prior to such notification of unauthorized use.

max.recall reserves the right to deactivate or terminate the User's account in the event of unauthorized or fraudulent use.

Promotions and Free Offers: max.recall may conduct promotions or offer free services subject to additional terms. Such promotions are non-transferable between Users.

7. Special Terms for Users with a Subscription

Subscription Requirement: To utilize SMARTCODER.ai beyond the free usage, the User must be a registered user and subscribe by paying the applicable fees (including VAT and any other charges) via approved payment methods. Users must complete registration before subscribing.

Plans and Fees: Subscription plans—both complimentary and paid—are offered to accommodate different usage requirements. Detailed plan specifications are published on the SMARTCODER.ai website and may be updated at the sole discretion of max.recall.

8. Payment

Fee: Payments are made in advance for each subscription period. Upon successful registration and payment, the chosen subscription plan is associated with the User's account.

Due Date: Payment for the subscription term is due immediately upon invoicing. Payment may be made via credit cards. In the event that the subscription fee is not received, the User is responsible for any associated costs, including bank charges. Invoices and payment reminders will be sent by email.

Automatic Renewal: At the end of each subscription period, the User will receive an invoice for renewal. The subscription will automatically renew for the same duration unless canceled prior to the expiration of the current period.

Account Deactivation: If payment is not received, max.recall reserves the right to deactivate the User's account until payment is made.

Refunds: No refunds will be provided for any payments made, irrespective of whether the service is utilized.

Support: By subscribing, the User is entitled to email support for technical assistance with SMARTCODER.ai within three business days following a request. This support is provided on a complimentary basis.

9. Use of OpenAI API and Stripe Services

9.1 OpenAI API

SMARTCODER.ai relies on OpenAI’s API to perform advanced text analysis and automated coding tasks. When data is uploaded for processing, the relevant text is temporarily transmitted to OpenAI servers for analysis. OpenAI processes this data to generate the requested outputs but does not store the content persistently. Users are advised to avoid including sensitive personal data in their submissions.

OpenAI’s services are governed by their Privacy Policy and Terms of Use. By using SMARTCODER.ai, you consent to this data processing.

OpenAI API Data Usage:

• API Data Not Used for Training (Default): As of March 1, 2023, OpenAI does NOT use data submitted through its API to train or improve its models unless you explicitly opt in. Source
• Data Retention Policy: By default, OpenAI retains API inputs and outputs for 30 days solely for abuse and misuse monitoring. After that, the data is deleted unless legally required otherwise. Source
• Business & Enterprise Privacy: OpenAI explicitly states that data from business and enterprise customers is not used for model training. Source

For further details, please refer to OpenAI’s Privacy Policy, Terms of Use (EU), and Data Processing Addendum.

9.2 Stripe Payment Services

All payment transactions on SMARTCODER.ai are processed securely by Stripe. Payment information, such as credit card details, is transmitted directly to Stripe for processing. max.recall does not store any sensitive payment data.

Stripe processes your payment data in accordance with its Privacy Policy and Terms of Service. By subscribing to SMARTCODER.ai, you agree to the use of Stripe for secure payment processing.

10. Responsibility of the User

The User is solely responsible for all content and data that is uploaded, exchanged, or published on the Websites. The User warrants that all such content does not infringe on any third-party intellectual property rights, has received the necessary consents, and is free from malware or harmful code. max.recall reserves the right to remove content that poses a legal or practical risk.

11. Responsibilities of max.recall

While max.recall strives to ensure the continuous operation and accuracy of the Websites and Systems, it does not verify the content submitted by Users or linked from the Websites. max.recall accepts no liability for the use of the content or services provided. The User is solely responsible for maintaining appropriate security measures on their own IT systems.

12. Links to Other Sites

max.recall cannot monitor all content on or linked from the Websites. The inclusion of a link does not constitute an endorsement of the external site. Users are responsible for ensuring their own IT systems are protected when accessing external websites. max.recall disclaims liability for any damages resulting from the use of such links.

13. System Availability

Although max.recall endeavors to ensure that the Websites and Systems are available 24/7, modifications, suspensions, or discontinuation of the Services may occur without prior notice. max.recall is not liable for any loss or damage arising from such unavailability.

14. Limitation of Liability

The Services are provided "as is" without any guarantee of uninterrupted availability, accuracy, or suitability for any particular purpose. max.recall, its licensors, and partners shall not be liable for any direct or indirect damages arising from your use or inability to use the Websites or Systems, except in cases of gross negligence or intentional misconduct. The maximum liability of max.recall is limited to the amount paid by the User in the 12 months preceding the claim.

15. Responsibilities of the User

The User agrees to use the Websites solely in accordance with these TOS and all applicable laws. The User must refrain from any activity that infringes upon the intellectual property rights of third parties or undermines the functionality of the Websites or Systems.

16. Intellectual Property

All intellectual property rights in the Websites, including the names "max.recall" and "SMARTCODER.ai", logos, associated graphics, and documentation remain the exclusive property of max.recall or its licensors. The User is granted no rights or licenses other than the limited right to use the Websites in accordance with these TOS. Unauthorized reproduction or extraction of content is prohibited.

17. Contract Amendment

max.recall reserves the right to amend these TOS periodically for commercial, legal, or service enhancement reasons. The latest version will be published on www.smart-coder.ai and will become effective 30 days after publication. Continued use of the Websites constitutes acceptance of any amendments.

All changes must be documented in writing; verbal agreements shall not be recognized.

18. Termination of Contract

max.recall reserves the right to terminate your access to the Websites immediately without prior notice if you breach any provision of these TOS. Upon termination, all rights granted to you will cease immediately.

In the event that max.recall discontinues the operation of the Websites, the contract shall be deemed terminated without the obligation to provide refunds.

19. Miscellaneous

This document constitutes the entire agreement between max.recall and the User. Amendments to these TOS require written documentation or publication of an updated version on the Websites. Continued use of the Websites constitutes acceptance of any changes.

You agree that your data may be processed electronically for billing and communication purposes, and you consent to receiving such communications.

20. Data Protection and Confidentiality

Users are responsible for protecting their personal data and must comply with applicable data protection laws, including the GDPR. max.recall processes your data solely for the purpose of providing its services and has entered into data processing agreements with its sub-processors.

21. Information for Customers from the Consumer Protection Act

Customers may cancel any contract concluded via distance selling within seven business days from the date of agreement. Saturday is not considered a business day. Cancellation is effective if communicated within this period, except for services that have commenced within seven business days.

22. Applicable Law and Court of Jurisdiction

The contractual relationship between you and max.recall is governed by Austrian law, excluding UN purchasing law and the laws of any third country. Any disputes shall be subject to the jurisdiction of the competent court in Vienna.

23. Severability Clause

If any provision of these TOS is rendered invalid due to legislative changes, the remaining provisions shall remain in full force. The invalid provision shall be replaced by one that most closely reflects the original intent.

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