January 31, 2024
1. Scope
These terms and conditions apply to the use of the Service "Oona" by customers - hereinafter referred to as "customers". This is operated by Oona Flairlab UG– hereinafter referred to as "Provider“ – Speditionsstraße 15, 40221 Düsseldorf.
Conflicting terms and conditions of the customer are not accepted. Regulations deviating from these terms of use are only valid if the provider expressly agrees to them.
2. Conclusion and content of the contract
2.1 The Service "Oona" is aimed at content creators and offers the customer - according to the version selected by the customer - the use of a technology for optimizing content creator's YouTube channels for a monthly fee.
2.2 The customer can log in to "Oona" and then select the respective subscription for a fee. The contract is concluded by clicking on "Subscribe with obligation to pay".
2.3 The scope and service features of the respective subscription can be found in the service description of the subscriptions on oonalab.ai.
2.4 The customer is granted a non-exclusive, non-transferable right to use the Service for the term of the contract.
3. Right of withdrawal
3.1 Consumers have the following statutory right of withdrawal.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us, Oona Flairlab UG, Speditionsstraße 15, 40221 Düsseldorf, support@oonalab.ai, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To Oona Flairlab UG, Speditionsstraße 15, 40221 Düsseldorf, support@oonalab.ai
- I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (_),
- Ordered on (_)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Date
- Signature of consumer(s) (only if this form is notified on paper),
4. Subscription and payment obligation
4.1 Monthly subscription: The subscription fee is a monthly fee payable in advance.
4.2 Annual subscription: If the customer opts for an annual subscription, the purchase price must be paid in advance at the beginning of the annual term. There will be no refund if you cancel the subscription or your account before the annual term ends. The right of withdrawal remains unaffected.
4.3 The specified payment methods are available.
4.4 We may suspend the Service if we don´t receive the payment in time.
5. Data protection
The provider's data protection provisions apply at https://www.oonalab.ai/privacy. In order to ensure the functionality of the application, the customer must grant the provider access rights to their YouTube account when logging in. Google's data protection provisions, available at https://policies.google.com/privacy, apply in addition. With regard to the API interface used, you can find further data protection information under Google API Services User Data Policy.
6. Liability of the provider
6.1 Exclusion of liability: The provider is only liable for intent and gross negligence, in the event of injury to life, limb or health and in the event of a breach of essential contractual obligations also for a negligent breach of duty. Essential contractual obligations are all obligations that are necessary for the fulfilment of the contract. Furthermore, the liability of the provider is limited to the damage typical for the contract, the occurrence of which the provider had to expect at the time the contract was concluded due to the circumstances known at that time. These liability rules also apply to liability for legal representatives and vicarious agents.
6.2 The provider accepts no liability for the success of the Service or the number of views of the video content advertised with the thumbnails.
6.3 The provider shall not be liable for the temporary unavailability of the application due to necessary maintenance work. Maintenance work must be announced by the provider with a notice period of 24 hours. If a security threat requires action at shorter notice, the provider is authorised in this case to carry out the maintenance work immediately.
6.4 The Service is based on the interfaces YouTube Data API and YouTube Analytics and Reporting APIs from Google. The provider reserves the right to adapt or discontinue its service if Google changes these interfaces or discontinues their provision without replacement. In the latter case, any fees paid in advance will be refunded to the customer on a pro rata basis.
7. Contract term
7.1 The contract term depends on the subscription purchased by the customer. If the subscription is not cancelled before the end of the current subscription period, it is automatically extended by the same period. The customer can manage the user contract at any time via the corresponding function in the settings of his account in the log-in area and cancel it at the end of the month in the case of a monthly contract or to the end of the contract period in the case of an annual contract.
7.2 The right of the parties to terminate the licence agreement for good cause remains unaffected.
8. Amendments to these terms and conditions of use and price adjustments
The customer will be offered changes to these terms and conditions and price adjustments in text form 4 weeks before the proposed date of their entry into force. The customer's consent shall be deemed to have been given if he does not object to the amendment by the time stated for it to take effect. This approval effect by silence shall only occur if the provider refers to this provision when transmitting the offer. If the customer objects, both parties have an immediate right of cancellation, even if the respective subscription period has not yet expired.
9. Information for consumers in distance contracts and customer information distance selling contracts
9.1 The provider is not subject to any special codes of conduct.
9.2 The customer can check any transmission or input errors by checking the data entered before finalising his booking and, if necessary, change his entries on the respective page using the "back" button.
9.3 The essential features of the services offered by the provider can be found in the description of the subscriptions.
9.4 The language available for the conclusion of the contract is German and English.
10. Final provisions
10.1 The law of the Federal Republic of Germany shall apply. The applicable statutory provisions and rights in favour of the consumer under the law of the customer's country of residence shall remain unaffected by this agreement. If the customer is a merchant, the place of jurisdiction is Düsseldorf.
10.2 Should individual provisions of these Terms of Use be wholly or partially invalid or lose their legal validity at a later date, this shall not affect the validity of the remaining provisions of the contract. The invalid provision shall be replaced by the statutory provision.