Terms and Conditions
Last update
July 2024
Definitions
In these Terms, the following definitions apply:
a. Business Day: A day (other than a Saturday, Sunday, or public holiday) when banks in Slovakia are open for business.
b. Charges: The charges payable by the Client for the supply of the Services
c. Terms: These terms and conditions as amended from time to time
d. Contract: The contract between the Supplier and the Client for the supply of Services in accordance with these Terms.
e. Client: The person or firm who purchases Services from the Supplier.
f. Deliverables: The deliverables produced by the Supplier for the Client.
g. Intellectual Property Rights: All patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
h. Services: The services, including the Deliverables, supplied by the Supplier to the Client.
i. Supplier: BDTA s.r.o. registered in Slovakia, European union under a company number 46660/V
1. Introduction
1.1 We are BDTA s.r.o. doing business as NameMachine (“Supplier”, “Company”, “we,” “us,” “our”), a company registered in the Kosice, Hlavna 108, 04001 Slovakia ICO 52462871
We operate the website www.namemachine.net (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Terms”) (collectively, the “Services”).
These Terms govern the use of our brand name generation services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use our Services.
2. Services
2.1 Our Services include the use of artificial intelligence algorithms to generate brand names based on criteria provided by the user (“User” or “you”). We aim to provide users with creative and unique brand name recommendations suitable for their specific business needs.
2.2 While we strive to provide accurate and relevant brand name suggestions and their associated trademark availability, we do not guarantee the suitability, availability, or legal compliance of any generated names for your specific purposes.
2.3 Users are solely responsible for conducting their own due diligence, including but not limited to trademark searches, to ensure the availability and legality of chosen brand names. We recommend consulting with legal professionals for guidance on trademark registration and intellectual property rights.
2.4 We shall use all reasonable endeavours to meet any performance dates, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
2.5 We have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services. We shall notify you in any such event.
3. Intellectual Property
3.1 We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only.
3.2 BDTA s.r.o. will make use of any proprietary information provided by the Client solely for the purposes of developing names against their brief. No further usage of this information, nor the licensing of any associated marks, is permitted under this agreement.
3.3 All Intellectual Property Rights in, or arising out of, or in connection with the Services shall be owned by BDTA s.r.o. All Intellectual Property Rights in the Deliverables shall be owned by the client on payment in full of the charges or on receipt of the final deliverable — whichever comes later.
4. Confidentiality
4.1 A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause shall survive termination of the Contract.
4.2 As BDTA s.r.o. utilises a suite of models and mutations to generate brand names. The majority of these models and mutations are built using OpenAI’s technology.
4.3 If you adopt a name generated by NameMachine, we request the right to display the mark of your brand on the Monika website and within a small number of social media posts. Any such request will be made to you in writing in advance of us publishing said information.
5. Payment and Fees
5.1 Users agree to pay the fees associated with their chosen service plan, as outlined on our website.
5.2 Fees are non-refundable once paid. We reserve the right to change our fee structure and pricing at any time.
5.3 We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
6. Prohibited Activities
6.1 You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:
• Systematically retrieve data or content from the Services to create a collection or database without written permission from us.
• Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services. This includes features that prevent/restrict the use of any content or limit site usage.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Harass, abuse, or harm another person using any information obtained from the Services.
• Make improper use of our support services, or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in framing or linking to the Services without authorisation.
• Attempt to upload or transmit viruses, Trojan horses, or other materials (including excessive use of capital letters and spamming) that interfere with any party’s uninterrupted use of the Services and its features.
• Use scripts, data-mining, robots, or similar data gathering tools to send comments or messages.
• Delete the copyright or other proprietary rights notice from any content.
• Impersonate another user or person or use the username of another user.
• Upload any materials that actively or passively collect information or act as a transmission mechanism (includes gifs, 1×1 pixels, web bugs, cookies, spyware, pcms, etc.)
• Interfere with, disrupt, or create an undue burden on the Services, networks
Terms and Conditions
Last update
July 2024
Definitions
In these Terms, the following definitions apply:
a. Business Day: A day (other than a Saturday, Sunday, or public holiday) when banks in Slovakia are open for business.
b. Charges: The charges payable by the Client for the supply of the Services
c. Terms: These terms and conditions as amended from time to time
d. Contract: The contract between the Supplier and the Client for the supply of Services in accordance with these Terms.
e. Client: The person or firm who purchases Services from the Supplier.
f. Deliverables: The deliverables produced by the Supplier for the Client.
g. Intellectual Property Rights: All patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
h. Services: The services, including the Deliverables, supplied by the Supplier to the Client.
i. Supplier: BDTA s.r.o. registered in Slovakia, European union under a company number 46660/V
1. Introduction
1.1 We are BDTA s.r.o. doing business as NameMachine (“Supplier”, “Company”, “we,” “us,” “our”), a company registered in the Kosice, Hlavna 108, 04001 Slovakia ICO 52462871
We operate the website www.namemachine.net (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Terms”) (collectively, the “Services”).
These Terms govern the use of our brand name generation services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use our Services.
2. Services
2.1 Our Services include the use of artificial intelligence algorithms to generate brand names based on criteria provided by the user (“User” or “you”). We aim to provide users with creative and unique brand name recommendations suitable for their specific business needs.
2.2 While we strive to provide accurate and relevant brand name suggestions and their associated trademark availability, we do not guarantee the suitability, availability, or legal compliance of any generated names for your specific purposes.
2.3 Users are solely responsible for conducting their own due diligence, including but not limited to trademark searches, to ensure the availability and legality of chosen brand names. We recommend consulting with legal professionals for guidance on trademark registration and intellectual property rights.
2.4 We shall use all reasonable endeavours to meet any performance dates, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
2.5 We have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services. We shall notify you in any such event.
3. Intellectual Property
3.1 We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only.
3.2 BDTA s.r.o. will make use of any proprietary information provided by the Client solely for the purposes of developing names against their brief. No further usage of this information, nor the licensing of any associated marks, is permitted under this agreement.
3.3 All Intellectual Property Rights in, or arising out of, or in connection with the Services shall be owned by BDTA s.r.o. All Intellectual Property Rights in the Deliverables shall be owned by the client on payment in full of the charges or on receipt of the final deliverable — whichever comes later.
4. Confidentiality
4.1 A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause shall survive termination of the Contract.
4.2 As BDTA s.r.o. utilises a suite of models and mutations to generate brand names. The majority of these models and mutations are built using OpenAI’s technology.
4.3 If you adopt a name generated by NameMachine, we request the right to display the mark of your brand on the Monika website and within a small number of social media posts. Any such request will be made to you in writing in advance of us publishing said information.
5. Payment and Fees
5.1 Users agree to pay the fees associated with their chosen service plan, as outlined on our website.
5.2 Fees are non-refundable once paid. We reserve the right to change our fee structure and pricing at any time.
5.3 We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
6. Prohibited Activities
6.1 You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:
• Systematically retrieve data or content from the Services to create a collection or database without written permission from us.
• Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services. This includes features that prevent/restrict the use of any content or limit site usage.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Harass, abuse, or harm another person using any information obtained from the Services.
• Make improper use of our support services, or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in framing or linking to the Services without authorisation.
• Attempt to upload or transmit viruses, Trojan horses, or other materials (including excessive use of capital letters and spamming) that interfere with any party’s uninterrupted use of the Services and its features.
• Use scripts, data-mining, robots, or similar data gathering tools to send comments or messages.
• Delete the copyright or other proprietary rights notice from any content.
• Impersonate another user or person or use the username of another user.
• Upload any materials that actively or passively collect information or act as a transmission mechanism (includes gifs, 1×1 pixels, web bugs, cookies, spyware, pcms, etc.)
• Interfere with, disrupt, or create an undue burden on the Services, networks
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