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The AIDE - Terms Of Use

1. Registration and Access

To use The Aide's services, you must add the chatbot (+1 858-666-9979) to your whatsapp contacts and create a discussion with it. The WhatsApp account used should be yours and created with your phone number. You are responsible for maintaining the security and confidentiality of your account credentials, and you must notify us immediately if you suspect any unauthorized access to your account or any other security breach that would lead to unauthorized access to our chatbot. The Aide reserves the right to suspend or terminate you’re the chat at any time for any reason, including but not limited to any violation of these Terms of Use.

2. Usage Requirements

By accessing or using The Aide's services, you agree to comply with all applicable laws, rules, and regulations. You agree not to use our services in any way that could damage, disable, overburden, or impair our servers or networks, or interfere with any other user's use of our services. You agree not to attempt to gain unauthorized access to our services, other users' accounts, or any other computer system or network. You also agree not to use our services to engage in any unlawful or fraudulent activity, or to transmit any material that is abusive, defamatory, obscene, or otherwise objectionable.

As a user of The Aide's services, you acknowledge and agree that our servers are in Europe and are subject to the General Data Protection Regulation (GDPR). You also acknowledge that our company is based in Paris, France, and that any liabilities or legal disputes will be subject to French law and jurisdiction.

By accepting our Terms of Use, you also agree to abide by the terms and conditions set forth by OpenAI, our AI technology provider. As a user of The Aide, you are required to comply not only with our Terms of Use but also with any terms and conditions specified by OpenAI, even if they are not explicitly mentioned in our terms. This includes, but is not limited to, restrictions on content, data usage, and intellectual property rights. To review OpenAI's terms and conditions, please visit https://openai.com/policies/terms-of-use.

3. Content

a) Ownership. The content provided by The Aide service, including but not limited to text, images, audio, video, and software, is owned by the respective content owners and is protected by applicable intellectual property laws.

b) License. The Aide service grants you a limited, non-exclusive, non-transferable, revocable license to use the content provided by the service for your personal, non-commercial use only. You may not copy, modify, distribute, sell, or transfer any content from The Aide service without prior written consent from the content owner.

c) User-generated content. You may submit content, including but not limited to text, images, and audio, to The Aide service for processing. You are solely responsible for the content you submit and for obtaining any necessary permissions or licenses from the content owner. By submitting content to The Aide service, you grant the service a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, modify, distribute, and display the content for any purpose.

d) Prohibited content. You may not submit content that is illegal, obscene, defamatory, or infringes on any intellectual property rights. The Aide service reserves the right to remove any content that violates these terms or that the service deems inappropriate in its sole discretion.

4. Fees and Payments

a) Pricing. The Aide service charges fees for access to certain features and services. The pricing for these features and services is clearly displayed on the website or in the service interface. The service reserves the right to change its pricing at any time, with reasonable notice to users.

b) Payment. You must provide valid payment information to access the paid features and services of The Aide service. You authorize the service to charge your payment method for any fees incurred through your use of the service. If payment is not received, the service may suspend or terminate your access to the paid features and services.

c) Refunds. The Aide service may offer refunds on a case-by-case basis, at its sole discretion. If you believe you are entitled to a refund, you must contact the service's customer support team within a reasonable period of time after the fee was charged.

d) Taxes. You are responsible for any taxes associated with your use of The Aide service, including sales tax, value-added tax, and any other applicable taxes. The service may collect and remit taxes on your behalf, depending on your location and the applicable laws.

5. Confidentiality

a) Confidentiality Obligations. Each party agrees to maintain the confidentiality of the other party’s Confidential Information and to not use or disclose such Confidential Information except as necessary to perform its obligations under these Terms or with the disclosing party’s prior written consent. For the purposes of these Terms, "Confidential Information" means any non-public information that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, should reasonably be considered as confidential.

b) Exceptions. Confidential Information does not include information that: (i) is or becomes generally known to the public through no fault of the receiving party; (ii) was rightfully in the receiving party’s possession without restriction prior to disclosure by the disclosing party; (iii) was independently developed by the receiving party without reference to the disclosing party’s Confidential Information; or (iv) is rightfully obtained by the receiving party from a third party without restriction on disclosure.

c) Required Disclosure. If a receiving party is legally required to disclose Confidential Information, it shall provide the disclosing party with prior written notice of such requirement, to the extent legally permitted, and cooperate with the disclosing party’s efforts to obtain a protective order or other relief.

6. Term and Termination

a) Term. These Terms shall remain in effect until terminated by either party as set forth below.

b) Termination for Convenience. Either party may terminate these Terms at any time and for any reason upon thirty (30) days’ prior written notice to the other party.

c) Termination for Cause. Either party may terminate these Terms upon written notice to the other party if the other party breaches any material term or condition of these Terms and fails to cure such breach within thirty (30) days of receipt of written notice thereof.

d) Effect of Termination. Upon termination of these Terms, all rights and licenses granted to you under these Terms will immediately terminate, and you must immediately cease all use of the Services and any OpenAI API. Sections 3 through 10 shall survive any termination or expiration of these Terms. Any termination of these Terms will not relieve either party of any obligations or liabilities that have accrued prior to the termination.

7. Intellectual Property Rights

(a) Indemnity. You will defend, indemnify, and hold harmless The Aide, its affiliates, and its personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.

(b) Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, The Aide AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. The Aide DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

(c) Limitations of Liability. NEITHER The Aide NOR ANY OF ITS AFFILIATES OR LICENSORS WILL 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 The Aide HAS 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 The Aide agree to resolve any past or present claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by filling out 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 prior to formal legal action. Before filing a claim against The Aide, you agree to try to resolve the dispute informally by sending us notice at dispute-resolution@Aide.com of 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 bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process.

(c) Arbitration Forum. Either party may commence binding arbitration through the International Court of Arbitration of the International Chamber of Commerce, located in Paris, France. The parties will pay equal shares of the arbitration fees. If the arbitrator finds that you cannot afford to pay the arbitration fees and cannot obtain a waiver, The Aide will pay them for you. The Aide will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(d) Arbitration Procedures. The arbitration will be conducted in accordance with the International Chamber of Commerce Rules of Arbitration. The arbitration will be conducted by a sole arbitrator appointed by the International Court of Arbitration. All issues are for the arbitrator to decide. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.

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

(f) NO CLASS ACTIONS. Disputes must be brought on an individual basis only and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.

(g) Severability. If any part of this Section 8 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow Mass Filing or class or representative arbitration, this Section 8 will be unenforceable in its entirety. Nothing in this section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.

9. General Terms

(a) Entire Agreement. These Terms constitute the entire agreement between you and The Aide with respect to the subject matter and supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written. You acknowledge that you have not relied on any representations or warranties other than those contained in these Terms.

(b) Assignment. You may not assign these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent, and any attempted assignment without such consent will be null and void. We may assign these Terms or any of our rights or obligations hereunder without your prior written consent.

(c) Notices. We may give notice to you by means of a general notice on the Services, electronic mail to your email address on record with us, or by written communication sent by first class mail or pre-paid post to your address on record with us. Such notice will be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us by written communication sent by first class mail or pre-paid post to our address at 42 Rue de Maubeuge, 75009 Paris, France. Such notice will be deemed given when received by us at the foregoing address.

(d) Governing Law. These Terms and any action related thereto will be governed by the laws of France without regard to its conflict of laws provisions.

(e) Waiver and Severability. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

(f) Force Majeure. We will not be liable for any delay or failure to perform our obligations under these Terms if the delay or failure arises from any cause beyond our reasonable control, including but not limited to acts of God, acts of terrorism, natural disasters, labor disputes, or governmental restrictions.

(g) Headings. The headings in these Terms are for convenience only and will not affect the interpretation of these Terms.

(h) Contact Information. If you have any questions about these Terms, please contact us at gdpr@the-Aide.com.

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