One place PLATFORM

Terms and Conditions

1. Registration and Access

To use the Services, you need to be at least 13 years of age. If you're under 18, you require permission from your parent or legal guardian to use the Services. If you're using the Services on behalf of someone else, you must have the authority to accept the Terms on their behalf. When registering for an account, it's essential to provide accurate and complete information. You're not allowed to share your access credentials or account with anyone outside of your organization, and you're responsible for all activities that occur using your credentials.

2. Usage Requirements

(a) The Services are accessible to you, and we extend to you a non-exclusive permission to utilize them in adherence to these Terms. Your utilization of the Services must comply with these Terms and all pertinent laws. We and our affiliated parties possess all privileges, ownership, and concern for the Services.

(b) We value your opinions and welcome feedback, comments, proposals, ideas, and suggestions for enhancements. By providing any of the aforementioned items, we may use them without limitations or compensations to you.

(c) There are certain restrictions on your usage of the Services. You are prohibited from (i) utilizing the Services in a manner that violates or infringes upon the rights of any individual; (ii) attempting to uncover the source code or underlying components of the Services, such as models, algorithms, and systems, through reverse assembling, reverse compiling, decompiling, translating, or other means, except where such restrictions are contrary to applicable law; (iii) using the output generated by the Services to update your content; (iv) extracting data or output from the Services through any automated or programmatic method, including scraping, web harvesting, or web data extraction, except as allowed through the API; (v) misrepresenting that the output from the Services was generated by a human when it was not, or otherwise violating our Usage Policies; (vii) buying, selling, or transferring API keys without our prior consent; or (viii) disclosing any personal information of children under the age of 13 or the age of digital consent if you are using the API in connection with a website or application directed at children. Additionally, you must comply with any rate limits and other requirements specified in our documentation.

(d) Please be aware that any third-party software, services, or other products that you use in conjunction with the Services are subject to their own set of terms and conditions, and we are not accountable for third-party products.

3. Content

(a) You have the ability to input data into the Services ("Input") and receive output generated by the Services based on your Input ("Output"). The Input and Output together are referred to as "Content." In compliance with applicable law, you own all rights to the Input, while One Place AI assigns to you all of its rights, title, and interest in and to the Output, provided that you adhere to these Terms. This grants you the right to utilize Content for any purpose, including commercial purposes such as selling or publishing, as long as you comply with these Terms. One Place AI has the right to use Content to maintain and provide the Services, comply with relevant laws, and enforce our policies. It is your responsibility to ensure that Content does not violate any applicable laws or these Terms.

(b) Machine learning has a characteristic that makes Output non-unique across users. This means that the Services may generate the same or similar output from third party. As an example, if you ask the model, "What color is the sky?" and receive the response, "The sky is blue," other users may ask the same question and receive the same response. Responses generated for other users are not considered your Content.

(c) We do not utilize the Content that you provide or receive through our API ("API Content") to enhance or develop our Services. However, we may use Content from Services other than our API ("Non-API Content") to aid in the development and improvement of our Services.

(d) Accuracy is an important consideration in the fields of artificial intelligence and machine learning, which are continually advancing. Because of the probabilistic nature of machine learning, utilizing third-party services may sometimes produce inaccurate Output that does not truly represent real-world people, places, or facts. It is your responsibility to assess the accuracy of any Output based on your specific use case, which may involve reviewing the Output with a human perspective.

4. Fees and Payments

(a) Payment and Billing. You are responsible for paying all fees charged to your account ("Fees") in accordance with the prices and terms specified on the applicable pricing page or as otherwise agreed upon in writing. We reserve the right to correct any pricing errors or mistakes, even after an invoice has been issued or payment has been received. You must provide accurate and complete billing information, including a valid and authorized payment method. We will charge your payment method on a periodic basis as agreed upon, but we may reasonably change the date on which the charge is posted. By using the Services, you authorize One Place AI and its affiliates, as well as our third-party payment processor(s), to charge your payment method for the Fees. In the event that we are unable to process your payment, we will provide written notice and may suspend access to the Services until payment is received. Fees are payable in Euros and are due upon receipt of the invoice. All payments are non-refundable except as otherwise provided in this Agreement.

(b) Taxes. The Fees you pay for the Services do not include any federal, state, local, or foreign taxes, duties, or similar assessments (collectively, "Taxes"), unless otherwise indicated. You are responsible for paying all Taxes associated with your purchase of the Services, except for Taxes based on our net income. We may bill you for such Taxes if we are required by law to do so. You agree to timely pay all Taxes and provide us with any documentation or evidence we reasonably request. For tax purposes, One Place AI uses the name and address you provided during registration as your place of supply, so it's your responsibility to keep this information accurate and up-to-date.

(c) Price update : We reserve the right to change our prices, which we will notify you of by posting a notice on your account and/or our website. Any price increases will be effective 14 days after they are posted, unless they are made for legal reasons or for Beta Services, in which case they will be effective immediately. The new prices will apply to the Fees charged to your account immediately after the effective date of the changes.

(d) Disputes and Late Payments. If you wish to dispute any Fees or Taxes, please contact support@oneplaceai.com within thirty (30) days of the invoice date. If any amounts remain unpaid past the due date, they may be subject to a finance charge of 1.5% per month on the outstanding balance. In the event of late payment, we reserve the right to suspend your access to the Services after providing you with written notice.

(e) Free Tier : You are allowed to create only one account to take advantage of the free tier credits offered by the Services. In case we suspect any misuse or bad faith on your part while using the free tier, we may either charge you the standard fees or terminate your access to the Services.

5. Confidentiality, Security and Data Protection

(a) Confidentiality. You may have access to confidential information belonging to One Place AI, its affiliates, and other third parties. You are allowed to use this confidential information only as necessary to use the Services in accordance with these Terms. You must not disclose this confidential information to any third party and must take reasonable care to protect it in the same way you would protect your own confidential information of a similar nature. The term "Confidential Information" refers to nonpublic information designated as confidential by One Place AI, its affiliates, or third parties, or information that should reasonably be considered confidential under the circumstances. This includes software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is publicly available through no fault of yours; (ii) you already possessed without any confidentiality obligations when you received it under these Terms; (iii) was rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you developed independently without using Confidential Information. You may disclose Confidential Information when required by law or a valid order of a court or other governmental authority, but you must give reasonable prior written notice to One Place AI and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, where possible.

(b) Security. You are responsible for implementing reasonable and appropriate measures to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly notify One Place AI and provide details of the vulnerability or breach.

(c) Processing of Personal Data. if you process personal data using the Services, you are responsible for providing sufficient privacy notices and obtaining appropriate consents for the processing of such data, and you confirm that you are processing the data in compliance with applicable laws.

6. Term and Termination

(a) Termination; Suspension. These Terms will become effective upon your first use of the Services and will continue in effect until terminated. You can terminate these Terms at any time by ceasing to use the Services and Content. We may terminate these Terms with at least 30 days' notice for any reason. We may terminate these Terms immediately if you materially breach Sections 2 (Usage Requirements), 5 (Confidentiality, Security and Data Protection), 8 (Dispute Resolution), or 9 (General Terms), if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may also suspend your access to the Services if you fail to comply with these Terms, pose a security risk to us or any third party, or engage in fraudulent use or conduct that could subject us or any third party to liability.

(b) Effect on Termination. if these Terms are terminated, you must immediately stop using the Services, and either return or destroy any Confidential Information as instructed by us. Certain sections of these Terms, such as Sections 3 and 5-9, will continue to apply even after termination or expiration because of their nature.

7. Indemnification; Disclaimer of Warranties; Limitations on Liability

(a) Indemnity. You are responsible for defending, indemnifying, and holding us, our affiliates, and our personnel harmless from any claims, losses, and expenses (including attorneys’ fees) related to your use of the Services, including any Content you upload, any products or services you create or provide using the Services, and any breach of these Terms or violation of the law.

(b) Disclaimer. The Services are provided on an "as is" basis. To the fullest extent permitted by law, we and our affiliates and licensors make no warranties, express, implied, statutory or otherwise, regarding the Services and hereby disclaim all warranties including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, as well as any warranties arising out of any course of dealing or trade usage. We do not guarantee that the Services will be uninterrupted, accurate, or error-free, nor do we guarantee that any Content will be secure or not lost or altered.

(c) Limitations of Liability: We and our affiliates and licensors shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages. Our aggregate liability under these Terms shall not exceed the greater of the amount you paid for the service that gave rise to the claim during the 12 months before the liability arose or one hundred euros (€100). The limitations in this section apply only to the maximum extent permitted by applicable law.

8. Dispute Resolution

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

(a) MANDATORY ARBITRATION. You and One Place AI agree to settle any past or present claims related to these Terms or our Services through final and binding arbitration. However, you have the right to opt out of these arbitration terms and any future changes to these arbitration terms by completing this form within 30 days of agreeing to these arbitration terms or the relevant changes.

(b) Informal Dispute Resolution. We would like to understand and try to address your concerns before taking any legal action. Prior to filing a claim against One Place AI, you agree to try to resolve the dispute informally by sending us notice at dispute-resolution@oneplaceai.com with your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may proceed with a formal proceeding. The 60-day resolution process will toll any statute of limitations. If you reside in the EU, the European Commission provides an online dispute resolution platform that you can access at https://ec.europa.eu/consumers/odr.

(c) Arbitration Provider. ADR Services, an alternative dispute resolution provider, may be used by either party to initiate binding arbitration. The arbitration fees will be split equally between the parties. If the arbitrator determines that you are unable to pay the arbitration fees and are not eligible for a waiver, One Place AI will pay them on your behalf. One Place AI will not seek reimbursement for its attorneys' fees and costs in arbitration unless the arbitrator finds that your claim is frivolous.

(d) Arbitration Procedures. The arbitration may be conducted by telephone, based on written submissions, video conference, or in-person in France or another mutually agreed-upon location. The arbitration will be conducted by a single arbitrator under the then-current rules of ADR Services. All issues will be decided by the arbitrator. Neither party will disclose the amount of any settlement offer to the arbitrator until after the arbitrator has issued a final award, if any.

(e) Exceptions. This arbitration section does not require arbitration for the following claims: (i) individual claims filed in small claims court, and (ii) claims seeking injunctive or other equitable relief to prevent unauthorized use or abuse of the Services or infringement of intellectual property rights.

(f) NO CLASS ACTIONS.The resolution of disputes must be conducted solely on an individual basis and may not proceed as a plaintiff or class member in any class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are prohibited. If a dispute proceeds in court rather than through arbitration, each party explicitly waives any right to a trial by jury in any action, proceeding, or counterclaim. However, this does not prevent either party from participating in a class-wide settlement of claims.

(g) Mass Filings. In the event that 30 or more similar arbitration demands are made against One Place AI or related parties by the same or coordinated counsel or entities (“Mass Filing”), ADR Services will assign sequential numbers to each of the Mass Filings. The first ten claims will be the “Initial Test Cases” and will proceed to arbitration first. The arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless the claims are resolved in advance or the parties agree to extend the deadline. The parties will then have 90 days (the “Mediation Period”) to resolve the remaining cases in mediation based on the awards from the Initial Test Cases. If the parties are unable to resolve the outstanding claims during this time, the parties may choose to opt out of the arbitration process and proceed in court by providing written notice to the other party within 60 days after the Mediation Period. Otherwise, the remaining cases will be arbitrated in their assigned order. Any statute of limitations will be tolled from the time the Initial Test Cases are chosen until your case is chosen as described above.

(h) Severability. If any portion of Section 8 is found to be illegal or unenforceable, the remaining provisions will remain valid, except in the case where the finding of partial illegality or unenforceability would enable class or representative arbitration or Mass Filing, in which case Section 8 will become unenforceable in its entirety. This section does not waive or restrict the right to seek public injunctive relief or any other non-waivable right, pending a ruling from the arbitrator on the substance of such claims.

9. General Terms

(a) Relationship of the Parties. The relationship between you and One Place AI or any of its affiliates is not that of a partnership, joint venture or agency. Both parties are independent contractors and do not have the authority to bind or obligate each other without prior written consent.

(b) Usage of Trademarks. You are not permitted to use One Place AI’s or any of its affiliates’ trademarks, logos, or names without obtaining our prior written consent.

(c) The Services have been created solely through private funding and are commercial software and related documentation, as defined by the applicable laws in France. This includes Federal Acquisition Regulation and its supplements by agencies.

(d) Copyright Infringement Complaints. If you suspect that your intellectual property rights have been violated, please send a notice to the address below or complete this form. We may remove or disable content that is claimed to be infringing and may terminate the accounts of repeat infringers.

APPS VELOCITY SAS,10 rue de Penthièvre,75008 PARIS,FRANCE,E-Mail : contact@appsvelocity.com

Written claims related to copyright infringement must include the following details:

  • A signature, whether physical or electronic, of a person authorized to act on behalf of the copyright owner.
  • A description of the copyrighted work claimed to have been infringed upon.
  • Details of where the allegedly infringing material is located on the website.
  • Your address, phone number, and email address.
  • A statement from you, attesting that you have a good-faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement from you, under penalty of perjury, confirming that the information in your notice is accurate and that you are either the copyright owner or authorized to act on the owner's behalf.

(e) Assignment and Delegation. You are not allowed to assign or delegate any of your rights or obligations under these Terms, even in the case of a change of control. Any purported assignment or delegation will be considered null and void. One Place AI may assign these Terms as part of a merger, acquisition, or sale of all or substantially all of its assets, or to any of its affiliates, or as part of a corporate reorganization.

(f) Modifications. One Place AI may amend these Terms from time to time by posting a revised version on the website. If an update materially affects your rights or obligations under these Terms, we will notify you either by emailing the email address associated with your account or providing an in-product notification. Those changes will become effective no sooner than 30 days after we notify you. All other changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.

(g) Notices. All notices will be in writing. One Place AI may notify you using the registration information you provided or the email address associated with your use of the Services. The service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. One Place AI accepts service of process at this address: APPS VELOCITY SAS, 10 rue de Penthièvre, 75008 PARIS, FRANCE Attn: contract-notices@oneplaceai.com.

(h) Waiver and Severability. If you fail to comply with these Terms and One Place AI does not take immediate action, it does not imply that One Place AI is relinquishing any of our rights. However, if any part of these Terms is found to be illegal or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permitted by law, and it will not affect the enforceability of any other terms, except as specified in Section 8.

(i) Export Controls. The Services cannot be used in, or for the benefit of, exported, or re-exported (a) into any embargoed countries (collectively, the "Embargoed Countries") or (b) to anyone on France Treasury Department’s list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, or the France Department of Commerce Denied Persons List or Entity List, or any other restricted party lists (collectively, "Restricted Party Lists"). You represent and warrant that you are not situated in any Embargoed Countries and are not on any restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end users directly.

(j) Equitable Remedies: You acknowledge that any violation or breach of these Terms may cause irreparable harm to One Place AI and its affiliates. Therefore, One Place AI shall have the right to seek injunctive relief against you in addition to any other legal remedies available.

(k) Entire Agreement: These Terms and any policies incorporated within these Terms constitute the entire agreement between you and One Place AI regarding the use of the Services. This agreement supersedes any prior or contemporaneous agreements, communications, or understandings between you and One Place AI on that subject, except for any Service-specific terms of use or applicable enterprise agreements.

(l) Jurisdiction, Venue and Choice of Law: These Terms shall be governed by the laws of France. Except as provided in the "Dispute Resolution" section, all claims arising out of or relating to these Terms shall be brought exclusively in the federal or state courts of Paris, France.

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