Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website r-sun.ai (the "Site") operated by Raising Sun AI Laboratory ("Raising Sun," "we," "us," or "our"). By accessing or using our Site, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Site.

1. Definitions

• "Site" refers to the website located at r-sun.ai and all related services.
• "Services" refers to the AI solutions, consulting, and products offered by Raising Sun.
• "User," "you," or "your" refers to any individual or entity accessing the Site.
• "Content" refers to all text, images, code, data, and other materials available on the Site.

2. Acceptance of Terms

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy.

These Terms constitute a legally binding agreement between you and Raising Sun. If you are using the Site on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Use of the Site

3.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal or internal business purposes. This license does not include any right to:

• Modify, copy, distribute, or create derivative works of the Site or its Content
• Reverse engineer, decompile, or disassemble any part of the Site
• Use automated systems (bots, scrapers, crawlers) to access the Site without permission
• Resell, sublicense, or commercially exploit the Site or Services

3.2 Prohibited Conduct

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Site to transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Site's functionality or servers
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest personal information from other users without consent
• Submit false, misleading, or fraudulent information through our contact form
• Use the Site for spam, phishing, or other abusive purposes

3.3 Account Security

You are responsible for maintaining the confidentiality of any login credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use or security breach.

4. Intellectual Property Rights

4.1 Our Intellectual Property

All Content on the Site, including but not limited to text, graphics, logos, images, software, code, and design elements, is the property of Raising Sun or its licensors and is protected by:

• Copyright laws (Slovak and international)
• Trademark laws
• Trade secret laws
• Other intellectual property rights

Unauthorized use of our intellectual property may violate copyright, trademark, and other laws and could result in legal action.

4.2 Trademarks

"Raising Sun," "R[AI]SING SUN," and our logo are trademarks of Raising Sun AI Laboratory. You may not use these trademarks without our prior written consent.

4.3 User Submissions

When you submit information through our contact form or communicate with us, you grant Raising Sun a non-exclusive, worldwide, royalty-free license to use that information solely for the purpose of responding to your inquiry and providing our Services.

5. Services and Client Agreements

The Site provides information about our AI solutions and services. If you wish to engage our Services, a separate service agreement will be executed that will govern:

• Project scope, deliverables, and timelines
• Payment terms and pricing
• Intellectual property ownership of deliverables
• Confidentiality obligations
• Warranties and indemnification
• Dispute resolution procedures

These Terms do not constitute a service agreement or create any obligation for Raising Sun to provide Services.

6. Disclaimers and Limitation of Liability

6.1 "As Is" and "As Available" Basis

THE SITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties regarding accuracy, reliability, or completeness of Content
• Warranties that the Site will be uninterrupted, secure, or error-free

6.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAISING SUN SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Personal injury or property damage resulting from your use of the Site
• Any damages arising from unauthorized access to or alteration of your data
• Third-party content, actions, or omissions

IN NO EVENT SHALL RAISING SUN'S TOTAL LIABILITY TO YOU EXCEED €100 (ONE HUNDRED EUROS) OR THE AMOUNT YOU PAID TO US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.

6.3 Basis of the Bargain

These limitations reflect an informed, voluntary allocation of risk and constitute an essential basis of the agreement between you and Raising Sun. The limitations will apply even if any remedy fails of its essential purpose.

7. Indemnification

You agree to indemnify, defend, and hold harmless Raising Sun, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Site
• Your violation of these Terms
• Your violation of any rights of third parties
• Any content you submit to the Site

8. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by Raising Sun. We have no control over and assume no responsibility for:

• The content, privacy policies, or practices of third-party sites
• The accuracy or reliability of third-party information
• Any transactions you enter into with third parties

Your use of third-party sites is at your own risk. We strongly advise you to review the terms and privacy policies of any third-party sites you visit.

9. Privacy and Data Protection

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data in compliance with GDPR and other applicable data protection laws. By using the Site, you consent to our data practices as described in the Privacy Policy.

10. Modifications to the Site and Terms

10.1 Site Modifications

We reserve the right to modify, suspend, or discontinue any part of the Site at any time without notice. We shall not be liable to you or any third party for any such modifications, suspensions, or discontinuations.

10.2 Terms Modifications

We may update these Terms from time to time to reflect changes in our practices, technology, legal requirements, or other factors. We will post the updated Terms on this page with a new "Effective Date." Material changes will be communicated by prominent notice on the Site or via email if we have your contact information.

Your continued use of the Site after changes become effective constitutes your acceptance of the revised Terms.

11. Termination

We reserve the right to:

• Terminate or suspend your access to the Site immediately, without notice, for any reason, including violation of these Terms
• Delete any content you have submitted
• Take legal action if necessary

Upon termination, your right to use the Site ceases immediately. Provisions that by their nature should survive termination (including disclaimers, indemnification, and limitation of liability) will remain in effect.

12. Governing Law and Jurisdiction

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Slovak Republic, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Site shall be resolved as follows:

1. Informal Negotiation: We encourage you to contact us first to seek an informal resolution
2. Mediation: If informal negotiation fails, the parties agree to attempt mediation in Bratislava, Slovakia
3. Arbitration/Litigation: If mediation is unsuccessful, disputes will be submitted to the exclusive jurisdiction of the courts of Bratislava, Slovakia

12.3 Exception for Injunctive Relief

Notwithstanding the above, we may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights or violation of confidentiality obligations.

13. Miscellaneous Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Raising Sun regarding the Site and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Raising Sun.

13.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

13.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

13.6 Language

These Terms are provided in English. If translated into other languages, the English version shall prevail in case of any inconsistency or different interpretation.

14. Data Processing Agreement (DPA)

When Raising Sun processes personal data on behalf of clients (acting as a Data Processor under GDPR), the following terms apply in addition to our service agreements:

14.1 Scope and Roles

• Data Controller: The client who determines the purposes and means of processing personal data
• Data Processor: Raising Sun, when processing personal data on behalf of the client
• Processing Activities: AI model training, data analysis, system integration, and related services as specified in the service agreement

14.2 Data Processor Obligations

Raising Sun commits to:

• Process personal data only on documented instructions from the client (Data Controller)
• Ensure that persons authorized to process personal data have committed to confidentiality
• Implement appropriate technical and organizational measures to ensure data security (Article 32 GDPR)
• Not engage sub-processors without prior written authorization from the client
• Assist the client in responding to data subject requests (Articles 15-22 GDPR)
• Assist the client in ensuring compliance with GDPR security obligations
• Delete or return all personal data to the client after the end of services (at client's choice)
• Make available all information necessary to demonstrate compliance with GDPR Article 28
• Notify the client without undue delay after becoming aware of a personal data breach

14.3 Data Security Measures

Raising Sun implements the following security measures:

• Encryption: Data at rest and in transit using industry-standard encryption (AES-256, TLS 1.3)
• Access Controls: Role-based access control (RBAC) with multi-factor authentication (MFA)
• Pseudonymization: Where applicable, personal data is pseudonymized during processing
• Data Minimization: Only necessary data is processed for specified purposes
• Regular Testing: Security measures are tested and evaluated regularly
• Incident Response: Documented procedures for detecting, reporting, and investigating data breaches
• Employee Training: All personnel receive regular GDPR and data security training

14.4 Sub-Processors

Raising Sun may engage the following categories of sub-processors:

• Cloud Infrastructure Providers: For hosting and compute resources (e.g., AWS, Google Cloud, Azure)
• AI/ML Service Providers: For specialized AI model APIs (e.g., OpenAI, Anthropic, Google Vertex AI)
• Data Storage Providers: For secure data storage and backup

Client Authorization: By entering into a service agreement, the client provides general authorization for Raising Sun to engage sub-processors. Raising Sun will:

• Maintain a current list of sub-processors (available upon request)
• Notify clients at least 30 days before adding or replacing sub-processors
• Allow clients to object to new sub-processors on reasonable data protection grounds
• Ensure sub-processors comply with the same data protection obligations through written contracts

14.5 International Data Transfers

If personal data is transferred outside the European Economic Area (EEA), Raising Sun ensures compliance through:

• Standard Contractual Clauses (SCCs): EU Commission-approved SCCs (2021/914) for data transfers
• Adequacy Decisions: Transfers to countries with EU adequacy decisions
• Supplementary Measures: Additional security measures as required by Schrems II ruling
• Data Localization: Where requested, data processing can be limited to EEA-based infrastructure

14.6 Data Subject Rights Support

Raising Sun will assist clients in fulfilling data subject rights requests:

• Right of Access (Article 15): Provide data extracts within 72 hours of client request
• Right to Rectification (Article 16): Correct inaccurate data upon instruction
• Right to Erasure (Article 17): Delete data within 30 days of instruction
• Right to Restriction (Article 18): Restrict processing as instructed
• Right to Data Portability (Article 20): Provide data in structured, machine-readable format

Response Time: Raising Sun will respond to client requests for assistance within 5 business days, enabling the client to meet the GDPR 30-day response deadline to data subjects.

14.7 Data Breach Notification

In the event of a personal data breach:

1. Initial Notification: Raising Sun will notify the client within 24 hours of becoming aware of the breach
2. Detailed Report: Within 72 hours, provide a detailed report including:
   • Nature of the breach and categories of data affected
   • Approximate number of data subjects and records affected
   • Likely consequences of the breach
   • Measures taken or proposed to address the breach
3. Cooperation: Cooperate with the client's investigation and remediation efforts
4. Documentation: Maintain records of all data breaches as required by Article 33(5) GDPR

14.8 Audits and Inspections

To demonstrate compliance with GDPR Article 28:

• Audit Rights: Clients may audit Raising Sun's processing activities upon 30 days' written notice, no more than once per year (unless required by a data breach or regulatory inquiry)
• Certifications: Raising Sun may provide SOC 2, ISO 27001, or similar certifications as evidence of compliance
• Questionnaires: Raising Sun will complete reasonable security questionnaires provided by clients
• Costs: Clients bear the costs of audits unless the audit reveals material non-compliance

14.9 Data Return and Deletion

Upon termination of services or at the client's request:

• Data Return: Within 30 days, return all personal data in a commonly used, machine-readable format
• Secure Deletion: After return, securely delete all remaining copies unless legal obligations require retention
• Certification: Provide written certification of deletion upon request
• Backup Data: Backup copies will be deleted within 90 days following standard backup rotation schedules

14.10 Liability and Indemnification

Regarding data processing liability:

• GDPR Article 82: Both parties acknowledge their liability under GDPR for damages caused by processing
• Joint Liability: Where both parties are involved, liability is allocated based on responsibility for the damage
• Indemnification: Each party indemnifies the other for losses arising from its breach of GDPR obligations
• Insurance: Raising Sun maintains professional liability and cyber insurance coverage

14.11 Term and Termination

This DPA remains in effect for the duration of the service agreement and will automatically terminate upon completion of all data processing activities. Provisions regarding data return, deletion, confidentiality, and liability survive termination.

14.12 DPA Amendments

Raising Sun may update this DPA to reflect changes in law or processing activities. Material changes will be communicated to active clients at least 30 days in advance. Continued use of services after the notice period constitutes acceptance of the updated DPA.

14.13 Conflict Resolution

In case of conflict between this DPA and the service agreement, this DPA prevails regarding data protection matters.

15. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us: