Terms of use

Welcome to ODE!

These Terms of Use govern your use of ODE and describe the features and capabilities of the ODE Decision Making App.

When you register, you agree to the terms of use and they become part of the user contract. If you use the ODE app in test mode without registration, only limited functionalities are available for use on your end device and without any claim to use or contractual regulations.

The ODE-App is a service provided by ODE.systems, Potsdam.
ODE.systems GmbH, Alte Goethestrasse 3, 16321 Bernau bei Berlin, Germany
HRB 30863 AG Potsdam; VAT ID: DE815755614
E-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it.

ODE Decision Support

ODE.systems undertakes to provide the ODE decision support for the duration of the user agreement which is subject to costs and registration. The ODE registration includes the right to use all ODE product variants such as binary or complex decision support with or without community support, ODE functions, ODE apps, ODE services, ODE technologies, ODE algorithms and ODE software as a service in the respective maintained versions. ODE.systems offers you a service that supports you in sorting, grouping and weighting many aspects of decision making. ODE.systems will help you make the right decisions for you and keep your community with you at all times, even if the people whose advice you value are somewhere else in the world, or if you need support out of the box and away from the mindset of your local community. ODE.systems makes no decisions for you. Both algorithm supported and supported by your community you can make the relevant aspects for your decisions visible to yourself and in either/or decisions (binary) or various decisions (complex) facilitate the decision making, the later revision and follow-up decisions.

The ODE decision support is described by the following functionalities and features:

- ODE decision support.

Binary decision:

  • Define your decision / question.
  • Importing / capturing images and naming images
  • Send your request via Link / Social Media or share it via QR-Code.
  • Get feedback and / a yes/no or alternative A or B decision in real time.

Complex decision:

  • Define your decision / question.
  • Brainstorming about the essential criteria for your decision / question.
  • Group your brainstorming input into categories.
  • Prioritize your categories and groups by drag & drop. What is more important than the following or maybe you regroup.
  • Add the options for your decision / question.
  • Give your categories values. The choices are listed with all categories and provide the structure of the categories that you can rate together with your community.
  • Let the results of your ODE process be displayed.
  • In the phases 2- 6 you can invite people who support you with feedback, recommendation and input by sending your timed request via link / social media or sharing it via QR code. Just click on the purple feedback loop.

Availability.

Providing functionalities for analyzing information for ODE decision support is the purpose of our service. The availability and performance of our service depends on the use and further development of technology-supported processes, which in particular support the speed, security and reliability of ODE services. Technologies such as artificial intelligence and machine learning enable us to continuously improve ODE services.

- Ensuring a stable infrastructure for our offering.

In order to provide our services, we store the applications and data on the systems available to us in the European Union, i.e. also in countries outside the country in which you have your usual residence.

- Research and innovation.

We use the information available to us to investigate our offer and to collaborate with others in the field of research and development to make the ODE services even better.

Privacy Notice

For the use of our service it is necessary that we collect and process your personal data. Further information on the processing of (special categories of) personal data by ODE.systems can be found in the data protection notice.

Registration

ODE Trial Mode. To use the trial mode, download the ODE app from your store and use the limited functionality provided there locally on your device. ODE.systems is free to change the usage options in test mode at any time. Since we give you a gift in test mode, we are not liable for the functionality of the ODE app or the availability of your decision topics.

ODE Account. Once you have registered for the ODE services, you can use all the functions of the ODE decision support. Any person can register,

  • who's at least 16 years old;
  • is not ordinarily resident in the USA;
  • who has not already been blocked with an account by ODE.systems due to a violation of the terms of use;
  • accepts these Terms of Use and takes note of the Privacy Policy;
  • is the owner of an email address, and
  • can use one of the means of payment approved by us after the end of the free beta test phase.

To register and conclude the ODE user agreement, enter the required data, marked with *, in the online registration form. The ODE Services are also subject to these Terms of Use and the ODE Privacy Policy, which you accept during the registration process. After submitting the registration form, we will send you an email with all contract information and a confirmation link for activation. With the activation the ODE user agreement comes into effect. The duration, cancellation periods and costs depend on the ODE subscription you have chosen. Information on the various ODE subscriptions will be provided in good time before the end of the beta test phase. In the beta test phase no fixed term is agreed and the performance parameters of the free trial mode apply.

ODE House Rules. We wish all ODE users a positive user experience. We have therefore established a few rules for the use of ODE.

  • Authenticity: When using the ODE services, you do not have to disclose your identity to other users. You can choose a pseudonym as your account name. When you register, however, you must provide us with correct information about yourself and, if necessary, allow us to verify your identity during use and participate in this process. You must update your data regularly and confirm with the registration that you fulfil the general registration requirements. You may not impersonate anyone else (identity theft) or create an ODE account for anyone else.
  • Account name: Your account name may not include url, domain or brand names, identities of others, or other illegal words or designations. The account name doesn’t need to contain your true name and will be registered as available.
  • Legal Use: You may not use the ODE Services to culpably prepare, execute, or support any criminal offense or misdemeanor, or otherwise act unlawfully, including, but not limited to, misleading a competitor, transmitting any personally identifiable information of any third party, infringing any intellectual property right, or engaging in any illegal activity. The same applies to immoral or discriminatory decision topics.
  • No advertising: You may not use the ODE Services to advertise for yourself, third parties or products and services.
  • Denial of Service Attacks and Malware: You may not do anything that interferes with or impairs the technically proper and secure operation of the ODE Services.
  • Phising and Entering Accounts: You may not attempt to create accounts or access or collect information in an unauthorized manner. This includes creating accounts or collecting information automatically without our express permission.
  • Non-transferability: You may not attempt to buy, sell, or transfer any portion of your ODE account (including your account name) or request, collect, or use login information or profile images from other users.
  • Personal rights: You may not post any private or confidential information of third parties to the Community without their consent, nor may you choose any decision topics or upload content on decision topics that violate the rights of others, in particular their personal rights.
  • Intellectual property: When making decisions, you can also upload photo, audio or video files. Make sure that these contents do not infringe the rights of others, in particular the right to one's own image and intellectual property or industrial property rights. For content that you have not created yourself, you must be particularly careful to verify that you have permission to use it for your decision making by uploading a copy in order to make it available to the ODE community for inclusion in the decision topic. Indicate your source and the author(s) / copyright. If in doubt, use links to content available on the internet instead of uploading it to the ODE app. You have to have doubts about your authorization whenever the source from which you download the files is already illegally providing the content and you are not only providing the content in your ODE community to a manageable ODE user group.
  • ODE support: You can report content that you may violate your rights to us via email This email address is being protected from spambots. You need JavaScript enabled to view it. or via the chatbot on ode.systems.

Rights of ODE.systems:

By registering, you agree to all reasonable measures to maintain the ODE House Rules as follows:

  • Granting of rights of use. You grant us simple and worldwide usage rights to your decision topics and contents, which we need to provide the respective functions you use. We use artificial intelligence (AI / algorithms) to help you make decisions. You can terminate this granting of usage rights at any time by deleting your content or your account. In this case, your content stored in the ODE cloud will remain in our backups until routinely overwritten. Deleted content is also marked as deleted in the backup archive and would not be reactivated from our backup in the event of an IT havarie.
  • KI: We use your decision topics, contents and findings from the decision paths to continuously improve the tools and algorithms used. As far as possible, we process your content anonymously as learning material for the AI. We will not acquire any further rights to your know-how or content.
  • ODE-Community: Your account name, your profile picture as well as information about your activities ("decision topics") or relationships ("community feedback") and forum contributions can be displayed or used next to or in connection with your ODE account or with those of the persons with whom you interact without your further consent.
  • Updates: We are constantly developing the ODE services. Using the update functions of your terminal device, you agree that we may download and install updates to your device.
  • ODE content and know-how: If you use content which is protected by our intellectual property rights and which we make available in or on our application, we retain all rights with regard to our content.
  • ODE Trademarks: You may use our intellectual property and our trademarks or similar signs only with our prior written consent.

Removing content and disabling or blocking your ODE account

  • We may remove any content or information you upload or share in your community if we believe that it violates these Terms of Use or our House Rules, or if we are required to do so by law. If we take any action to remove your Content for a breach of our House Rules or deactivate or terminate your account, we will, to the extent possible, seek your prior opinion in the case a third party claims that its rights have been infringed.
  • Our right to terminate for good cause remains unaffected. Termination for good cause is only possible within a reasonable time after becoming aware of the violation.
  • If the important reason is a violation of a duty of these Terms of Use, the termination is only allowed after the unsuccessful expiration of a granted remedy period or after an unsuccessful warning. However, a time limit for the remedy is not necessary if you seriously and finally refuse to fulfil these obligations or if, after weighing the interests of both parties to this user agreement, special circumstances justify an immediate termination. If you believe that your account has been terminated in error, or you wish to deactivate or permanently delete your ODE account, you may contact our support team via email at This email address is being protected from spambots. You need JavaScript enabled to view it. or via the chatbot on our website ode.systems.
  • Content deleted by you may remain in backup copies for a limited period of time and will continue to be visible when shared by others. This paragraph and the following "Contract and Disputes" section shall continue to apply even after termination or deletion of your account.

Contract and Disputes

Contracting parties.

  • The contracting parties are ODE.systems and you. The contract does not establish any rights in favour of third parties.
  • Rights and obligations arising from this agreement cannot be transferred by you to third parties.
  • Our contractual relationship shall be transferred to a third party in the event of a merger, transfer of the business shares of ODE.systems to this third party.

Liability.

  • ODE.systems shall have unlimited liability in accordance with the statutory provisions for damages resulting from injury to life, limb or health in the event of intent or gross negligence and in accordance with the provisions of the German Product Liability Act.
  • Without limiting the foregoing liability provisions, we shall be liable for slight negligence only in the event of a breach of an "essential" obligation arising from this agreement. "Material" obligations in this sense are obligations necessary for the performance of the agreement, the breach of which would jeopardize the purpose of the agreement, and the performance of which you can rely on. In such cases, liability is limited to typical and foreseeable damages. In other cases, ODE.systems shall not be liable for slight negligence.

Solving disputes.

For any claim, cause of action or dispute you may have against us arising out of these Terms of Use or in connection with the ODE Services ("Claim"), the competent court in Berlin, Germany shall have exclusive jurisdiction. These Terms of Use and any claim shall be governed by German law. If you are a consumer and have your habitual residence in a Member State of the European Union, the laws of that Member State shall apply to any claim, cause of action or dispute you may have against us arising out of these Terms of Use or in connection with the ODE Services ("Claim") to the extent that such laws grant you rights which go beyond those granted by the otherwise applicable German law or the application of German law is in individual case incompatible with the ordre public of the State of your habitual residence.

Updating these Terms of Use

We may change the ODE Services and our Terms of Use. We will only make changes if the terms are no longer applicable or incomplete, and only if the changes are reasonable for you, taking into account your interests. We will notify you of the changes and choices available to you to continue or terminate the user agreement at least six weeks before we update the Terms of Use (e.g. via the ODE app) and give you the opportunity to review them before they become effective. If you subsequently continue to use the service, you will be bound by the updated Terms of Use. If you do not agree to these updated Terms of Use, you may delete your account and terminate our contractual agreement. For assistance in deleting your account and terminating the user agreement, please contact our support team at This email address is being protected from spambots. You need JavaScript enabled to view it. or chatbo on our website ode.systems.

Potsdam, October 2019