TERMS AND CONDITIONS
Last
updated
July 03, 2024
AGREEMENT TO OUR
LEGAL
TERMS
We are AI
Pro
Management
(
"Company," "we," "us,"
"our")
, a company registered in
France
at 105 rue
Anatole
France
, Levallois-Perret
, Hauts de Seine
92300
.
Our VAT number is
FR63908768476.
We operate the
website
https://www.aipromanagement.com/
(the "Site")
, as well as any other related products and
services
that refer or link to these legal terms (the
"Legal Terms")
(collectively, the
"Services").
We provide a project management web application that leverages AI
to
improve collaboration and productivity.
You can contact us by
phone at 0033173446700, email at support@aipromanagement.com
,
or by
mail to 105 rue Anatole France
, Levallois-Perret
, Hauts de Seine
92300
,
France
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity ("you"), and AI
Pro
Management, concerning your access to and use of the Services. You
agree
that by accessing the Services, you have read, understood, and agreed to be
bound by all
of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN
YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
We will provide you with prior notice of any scheduled
changes to the Services you are using. The modified Legal Terms will become
effective
upon posting or notifying you by
support@aipromanagement.com
, as stated in the email message. By continuing to use the Services after the
effective
date of any changes, you agree to be bound by the modified terms.
The
Services are intended for users who are at least 18
years old.
Persons under the age
of 18 are not permitted to use or register for the
Services.
We recommend that
you
print a copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or entity in any jurisdiction
or
country where such distribution or use would be contrary to law or regulation or
which
would subject us to any registration requirement within such jurisdiction or
country.
Accordingly, those persons who choose to access the Services from other
locations do so
on their own initiative and are solely responsible for compliance with local
laws, if
and to the extent local laws are applicable.
The Services are not tailored to comply with
industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA),
Federal
Information Security Management Act (FISMA), etc.), so if your interactions
would be
subjected to such laws, you may not use the Services. You may not use the
Services in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our
intellectual
property
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.
Your use
of our
Services
Subject to your compliance with these Legal Terms,
including
the "
PROHIBITED
ACTIVITIES
"
section below, we grant you a non-exclusive, non-transferable, revocable license
to:
- access the Services; and
- download or print a copy of any portion of the
Content
to which you have properly gained access.
solely for your
internal business purpose.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms,
please
address your request to: support@aipromanagement.com
. If we
ever grant you the permission to post, reproduce, or publicly display any part
of our
Services or Content, you must identify us as the owners or licensors of the
Services,
Content, or Marks and ensure that any copyright or proprietary notice appears or
is
visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our
Services will
terminate immediately.
Your submissions
and contributions
Please review this section and the "
PROHIBITED ACTIVITIES
"
section carefully prior to using our Services to understand the (a) rights you
give us
and (b) obligations you have when you post or upload any content through the
Services.
Submissions: By directly sending us
any
question, comment, suggestion, idea, feedback, or other information about the
Services (
"Submissions"
), you agree to assign to us all intellectual property rights in such
Submission.
You agree that we shall own this Submission and be entitled to its unrestricted
use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or
compensation to you.
Contributions: The Services may invite
you to
chat, contribute to, or participate in blogs, message boards, online forums, and
other
functionality during which you may create, submit, post, display, transmit,
publish,
distribute, or broadcast content and materials to us or through the Services,
including
but not limited to text, writings, video, audio, photographs, music, graphics,
comments,
reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is
publicly
posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by
other
users of the Services and possibly through
third-party websites.
When you post Contributions, you grant us a
license (including use of your
name,
trademarks, and logos): By posting any Contributions, you grant
us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and
license to: use, copy, reproduce,
distribute, sell, resell, publish, broadcast, retitle, store, publicly perform,
publicly
display, reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and voice) for
any
purpose, commercial, advertising, or otherwise, to prepare derivative works of,
or
incorporate into other works, your Contributions, and to
sublicense the licenses
granted in
this section. Our use and distribution may occur in any media formats and
through any
media channels.
This license includes our use of your name,
company
name, and franchise name, as applicable, and any of the trademarks, service
marks, trade
names, logos, and personal and commercial images you provide.
You are responsible for what you post or
upload: By sending us Submissions
and/or posting Contributions
through any
part of the Services or making Contributions
accessible through the Services by linking your account through the Services to
any of
your social networking accounts,
you:
- confirm that you have read and agree with our
"
PROHIBITED
ACTIVITIES
"
and will not post, send, publish, upload, or transmit through the
Services any Submission nor post any
Contribution that is
illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit,
false,
inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law,
waive any
and all moral rights to any such Submission
and/or Contribution
;
- warrant that any such Submission and/or Contributions are original to you or
that
you have the necessary rights and
licenses
to submit such
Submissions and/or Contributions and that you have full
authority to grant us the above-mentioned rights in relation to your
Submissions
and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute
confidential
information.
You are solely
responsible for your Submissions and/or Contributions
and you expressly agree to reimburse us
for
any and all losses that we may suffer because of your breach of (a) this section, (b)
any third
party’s intellectual property rights, or (c) applicable law.
We may
remove or
edit your Content: Although we have no obligation to monitor any
Contributions,
we shall have the right to remove or edit any Contributions at any time without notice
if in our
reasonable opinion we consider such Contributions harmful or in breach of these Legal
Terms. If
we remove or edit any such Contributions, we may also suspend or disable your account
and report
you to the authorities.
Copyright
infringement
We respect the
intellectual property rights of others. If you believe that any material available on or
through
the Services infringes upon any copyright you own or control, please immediately refer
to the
"
COPYRIGHT INFRINGEMENTS
"
section
below.
By using the Services, you represent and warrant
that:
(1) all
registration information you submit
will be true, accurate, current, and complete;
(2) you
will
maintain the accuracy of such information and promptly
update
such registration information as necessary;
(3) you have the legal capacity
and you
agree to comply with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not access
the
Services through automated or non-human means, whether through a bot,
script or
otherwise; (6) you will not use the
Services
for any illegal or unauthorized purpose; and
(7) your use of the
Services will
not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not
current, or
incomplete, we have the right to suspend or terminate your
account and
refuse any and all current or future use of the Services (or any
portion
thereof).
You
may be required to register to use the Services.
You
agree to keep your password confidential and
will be
responsible for all use of your account and
password. We
reserve the right to remove, reclaim, or change
a
username you select if we determine, in our sole
discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You
further
agree to promptly update account and payment information, including email
address,
payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All
payments shall
be in
Euros.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you authorize
us to charge your chosen payment provider for any such amounts upon
placing your
order. We reserve the right to correct any errors or mistakes in pricing, even
if we
have already requested or received payment.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or cancel quantities
purchased per
person, per household, or per order. These restrictions may include orders
placed by or
under the same customer account, the same payment method, and/or orders that use
the
same billing or shipping address. We reserve the right to limit or prohibit
orders that,
in our sole judgment, appear to be placed by
dealers,
resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and
automatically
renew unless canceled. You consent to our charging
your
payment method on a recurring basis without requiring your prior approval for
each
recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly
.
Cancellation
All purchases are non-refundable.
You can cancel your subscription at any time
by
logging into your account. Your cancellation
will
take effect at the end of the current paid term. If you have any questions or
are
unsatisfied with our Services, please email us at
support@aipromanagement.com.
Fee Changes
We may, from time to
time, make
changes to the subscription fee and will communicate any price changes to you in
accordance with applicable law.
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 endeavors except those that are
specifically endorsed or approved by us.
As
a user of the Services, you agree not to:
- Systematically
retrieve data or other content from the
Services
to create or compile, directly or
indirectly, a
collection, compilation, database, or
directory
without written permission from
us.
- Trick,
defraud, or
mislead us
and 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,
including
features that
prevent or
restrict the use
or
copying of any
Content
or enforce
limitations
on the use of
the
Services and/or
the
Content
contained
therein.
- Disparage,
tarnish, or
otherwise
harm, in our
opinion, us
and/or the
Services.
- Use
any information
obtained
from the
Services in
order to harass,
abuse,
or harm another
person.
- 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
unauthorized
framing
of or
linking to the
Services.
- Upload
or transmit (or
attempt
to upload or to
transmit)
viruses,
Trojan horses,
or other
material,
including
excessive use of
capital
letters and
spamming
(continuous
posting of
repetitive
text), that
interferes with
any
party’s
uninterrupted
use and
enjoyment of the
Services or
modifies,
impairs,
disrupts,
alters, or
interferes
with the use,
features,
functions,
operation, or
maintenance of
the
Services.
- Engage
in any automated
use of
the system, such
as
using scripts to
send
comments or
messages, or
using any data
mining,
robots, or
similar data
gathering and
extraction
tools.
- Delete
the copyright or
other
proprietary
rights
notice from any
Content.
- Attempt
to impersonate
another
user or person
or use
the username of
another
user.
- Upload
or transmit (or
attempt
to upload or to
transmit) any
material
that acts as a
passive
or active
information
collection or
transmission
mechanism,
including
without
limitation,
clear
graphics
interchange
formats (
"gifs"
), 1×1
pixels, web
bugs, cookies,
or other
similar devices
(sometimes
referred to
as
"spyware"
or
"passive
collection
mechanisms" or
"pcms"
).
- Interfere
with, disrupt,
or create
an undue burden
on the
Services or the
networks
or services
connected to
the
Services.
- Harass,
annoy,
intimidate, or
threaten any of
our
employees or
agents
engaged in
providing any
portion of the
Services
to
you.
- Attempt
to bypass any
measures
of the Services
designed
to prevent or
restrict
access to the
Services,
or any portion
of the
Services.
- Copy
or adapt the
Services'
software,
including but
not limited to
Flash,
PHP, HTML,
JavaScript,
or other
code.
- Except
as permitted by
applicable law,
decipher,
decompile,
disassemble, or
reverse
engineer any of
the
software
comprising or
in any way
making up a
part of the
Services.
- Except
as may be the
result of
standard search
engine
or Internet
browser
usage, use,
launch,
develop, or
distribute
any automated
system,
including
without
limitation, any
spider,
robot, cheat
utility,
scraper, or
offline
reader that
accesses the
Services, or use
or
launch any
unauthorized
script or
other
software.
- Use
a buying agent
or
purchasing agent
to make
purchases on the
Services.
- Make
any
unauthorized
use of
the
Services,
including
collecting
usernames
and/or email
addresses
of users by
electronic
or other means
for the
purpose of
sending
unsolicited
email, or
creating user
accounts
by automated
means or
under false
pretenses
.
- Use
the Services as
part of
any effort to
compete
with us or
otherwise use
the Services
and/or the
Content for any
revenue-generating
endeavor
or
commercial
enterprise.
-
Sell or otherwise transfer
your
profile.
-
Use the Services to
advertise or
offer to sell goods and services.
8. USER
GENERATED
CONTRIBUTIONS
The Services may invite
you to
chat, contribute to, or
participate in
blogs, message boards, online
forums,
and other functionality, and may
provide
you with the opportunity to
create,
submit, post, display, transmit,
perform, publish, distribute, or
broadcast content and materials
to us or
on the Services, including but
not
limited to text, writings,
video, audio,
photographs, graphics, comments,
suggestions, or personal
information or
other material (collectively,
"Contributions"
). Contributions may be
viewable
by other users of the Services
and
through third-party websites. As
such,
any Contributions you transmit
may be
treated as non-confidential and
non-proprietary. When you create
or make
available any Contributions, you
thereby
represent and warrant that:
- The
creation,
distribution, transmission, public
display, or
performance, and the accessing,
downloading, or
copying of your Contributions do not and
will
not infringe the proprietary rights,
including
but not limited to the copyright,
patent,
trademark, trade secret, or moral rights
of any
third party.
- You are
the
creator and owner of or have the
necessary
licenses
,
rights, consents, releases, and
permissions to
use and to
authorize
us, the Services, and other users
of the
Services to use your Contributions in
any manner
contemplated by the Services and these
Legal
Terms.
- You have
the
written consent, release, and/or
permission of
each and every identifiable individual
person in
your Contributions to use the name or
likeness
of each and every such identifiable
individual
person to enable inclusion and use of
your
Contributions in any manner contemplated
by the
Services and these Legal
Terms.
- Your
Contributions
are not false, inaccurate, or
misleading.
- Your
Contributions
are not unsolicited or
unauthorized
advertising, promotional
materials,
pyramid schemes, chain letters, spam,
mass
mailings, or other forms of
solicitation.
- Your
Contributions
are not obscene, lewd, lascivious,
filthy,
violent, harassing,
libelous
,
slanderous, or otherwise objectionable
(as
determined by us).
- Your
Contributions
do not ridicule, mock, disparage,
intimidate, or
abuse anyone.
- Your
Contributions
are not used to harass or threaten (in
the legal
sense of those terms) any other person
and to
promote violence against a specific
person or
class of people.
- Your
Contributions
do not violate any applicable law,
regulation,
or rule.
- Your
Contributions
do not violate the privacy or publicity
rights
of any third party.
- Your
Contributions
do not violate any applicable law
concerning
child pornography, or otherwise intended
to
protect the health or well-being of
minors.
- Your
Contributions
do not include any offensive comments
that are
connected to race, national origin,
gender,
sexual preference, or physical
handicap.
- Your
Contributions
do not otherwise violate, or link to
material
that violates, any provision of these
Legal
Terms, or any applicable law or
regulation.
Any
use of the Services in violation of the
foregoing
violates these Legal Terms and may result in,
among
other things, termination or suspension of your
rights
to use the Services.
By
posting your Contributions to any part of the
Services
, you automatically grant, and you
represent and warrant that you have the
right to
grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid,
worldwide right, and
license
to host, use, copy, reproduce, disclose,
sell,
resell, publish, broadcast, retitle,
archive,
store, cache, publicly perform, publicly
display, reformat, translate, transmit,
excerpt
(in whole or in part), and distribute
such
Contributions (including, without
limitation,
your image and voice) for any purpose,
commercial, advertising, or otherwise,
and to
prepare derivative works of, or
incorporate into
other works, such Contributions, and
grant and
authorize
sublicenses
of the foregoing. The use and
distribution may occur in any media
formats and
through any media channels.
This
license
will
apply to any form, media, or technology now
known or
hereafter developed, and includes our use of
your name,
company name, and franchise name, as applicable,
and any
of the trademarks, service marks, trade names,
logos,
and personal and commercial images you provide.
You
waive all moral rights in your Contributions,
and you
warrant that moral rights have not otherwise
been
asserted in your Contributions.
We
do not assert any ownership over your
Contributions. You
retain full ownership of all of your
Contributions and
any intellectual property rights or other
proprietary
rights associated with your Contributions. We
are not
liable for any statements or representations in
your
Contributions provided by you in any area on the
Services. You are solely responsible for your
Contributions to the Services and you expressly
agree to
exonerate us from any and all responsibility and
to
refrain from any legal action against us
regarding your
Contributions.
We
have the right, in our sole and absolute
discretion, (1)
to edit, redact, or otherwise change any
Contributions;
(2) to
re-categorize
any
Contributions to place them in more appropriate
locations on the Services; and (3) to pre-screen
or
delete any Contributions at any time and for any
reason,
without notice. We have no obligation to monitor
your
Contributions.
10. THIRD-PARTY
WEBSITES AND CONTENT
The Services
may
contain (or you may be sent via the Site) links to other websites (
"Third-Party Websites") as well as
articles,
photographs, text, graphics, pictures, designs, music, sound, video, information,
applications,
software, and other content or items belonging to or originating from third parties (
"Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we are
not
responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available
through,
or installed from the Services, including the content, accuracy, offensiveness,
opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking
to, or
permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not
imply
approval or endorsement thereof by us. If you decide to leave the Services and access
the Third-Party Websites or to use or install
any Third-Party Content, you do so at your
own risk,
and you should be aware these Legal Terms no longer govern. You should review the
applicable
terms and policies, including privacy and data gathering practices, of any website to
which you
navigate from the Services or relating to any applications you use or install from the
Services.
Any purchases you make through Third-Party
Websites
will be through other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you and the
applicable
third party. You agree and acknowledge that we do not endorse the products or services
offered
on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services.
Additionally, you
shall hold us blameless from any losses sustained by you or harm caused to you relating
to or
resulting in any way from any Third-Party
Content or
any contact with Third-Party Websites.
11. SERVICES
MANAGEMENT
We reserve the right, but
not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms,
including
without limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to the
extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion
and without limitation, notice, or liability, to remove from the Services or otherwise disable
all files
and content that are excessive in size or are in any way burdensome to our systems; and (5)
otherwise
manage the Services in a manner designed to protect our rights and property and to facilitate
the proper
functioning of the Services.
12. PRIVACY
POLICY
We care about
data
privacy and security. By using the Services, you agree to be bound by our Privacy Policy
posted
on the Services, which is incorporated into these Legal Terms. Please be advised the
Services
are hosted in
France
. If you access the Services from any other region of
the
world with laws or other requirements governing personal data collection, use, or
disclosure
that differ from applicable laws in
France
, then through your continued use of the Services,
you are
transferring your data to
France
, and you expressly consent to have your data
transferred to
and processed in
France
.
13. COPYRIGHT
INFRINGEMENTS
We respect the
intellectual property rights of others. If you believe that any material available on or
through
the Services infringes upon any copyright you own or control, please immediately notify
us using
the contact information provided below (a
"Notification"). A copy of your
Notification will be sent to
the person who posted or stored the material addressed in the Notification. Please be
advised
that pursuant to applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material located on
or
linked to by the Services infringes your copyright, you should consider first contacting
an
attorney.
14. TERM
AND TERMINATION
These Legal
Terms shall
remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER
PROVISION
OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE
OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE
DISCRETION.
If we terminate
or
suspend your account for any reason, you are prohibited from registering and creating a
new
account under your name, a fake or borrowed name, or the name of any third party, even
if you
may be acting on behalf of the third party. In addition to terminating or suspending
your
account, we reserve the right to take appropriate legal action, including without
limitation
pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS
AND INTERRUPTIONS
We reserve the
right to
change, modify, or remove the contents of the Services at any time or for any reason at
our sole
discretion without notice. However, we have no obligation to update any information on
our
Services. We will not be liable to you or any third
party for
any modification, price change, suspension, or discontinuance of the Services.
We cannot
guarantee the
Services will be available at all times. We may experience hardware, software, or other
problems
or need to perform maintenance related to the Services, resulting in interruptions,
delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue, or
otherwise
modify the Services at any time or for any reason without notice to you. You agree that
we have
no liability whatsoever for any loss, damage, or inconvenience caused by your inability
to
access or use the Services during any downtime or discontinuance of the Services.
Nothing in
these Legal Terms will be construed to obligate us to maintain and support the Services
or to
supply any corrections, updates, or releases in connection therewith.
16. GOVERNING
LAW
These Legal
Terms are
governed by and interpreted following the laws of
France
, and the use of the United Nations Convention of Contracts for the International
Sales
of Goods is expressly excluded. If your habitual residence is in the EU, and you are a
consumer,
you additionally possess the protection provided to you by obligatory provisions of the
law in
your country to residence. AI Pro Management and yourself
both agree
to submit to the non-exclusive jurisdiction of the courts of
Nanterre
, which means that you may make a claim to defend your consumer protection rights
in
regards to these Legal Terms in
France
, or in the EU country in which you reside.
17. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes"
)
brought by either you or us (individually, a "Party"
and
collectively, the "Parties"), the Parties
agree to
first attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party to
the other
Party.
Binding
Arbitration
Any
dispute
arising from the relationships between the Parties to these Legal Terms shall be determined by
one
arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the
European
Court of Arbitration being part of the European Centre of Arbitration having its seat in
Strasbourg, and
which are in force at the time the application for arbitration is filed, and of which adoption
of this
clause constitutes acceptance. The seat of arbitration shall be
Paris,
France
. The language of the proceedings shall be
English
. Applicable rules of substantive law shall be the law of
France
.
Restrictions
The
Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To
the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there
is no
right or authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject
to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking
to
enforce or protect, or concerning the validity of, any of the intellectual property rights of a
Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy,
or unauthorized
use;
and (c) any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this provision
found to
be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
18. CORRECTIONS
There
may be
information on the Services that contains typographical errors, inaccuracies, or omissions,
including
descriptions, pricing, availability, and various other information. We reserve the right to
correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at
any time,
without prior notice.
19.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO
LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH
THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR
BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR
USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE
LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO
US
DURING
THE
six
(6)
mONTH
PERIOD
PRIOR
TO
ANY
CAUSE
OF
ACTION
ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and
warranties set forth in these Legal Terms; (5) your
violation of the rights of a third party, including but not limited to intellectual
property
rights; or (6) any overt harmful act toward
any other
user of the Services with whom you connected via the Services. Notwithstanding the
foregoing, we
reserve the right, at your expense, to assume the exclusive
defense and control of any matter for
which you
are required to indemnify us, and you agree to cooperate, at your expense, with our defense
of
such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
22. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services.
Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Services, satisfy
any
legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances,
or other laws in any jurisdiction which require an original signature or delivery or
retention
of non-electronic records, or to payments or the granting of credits by any means other
than
electronic means.
24. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire
agreement and
understanding between you and us. Our failure to exercise or enforce any right or
provision of
these Legal Terms shall not operate as a waiver of such right or provision. These Legal
Terms
operate to the fullest extent permissible by law. We may assign any or all of our rights
and
obligations to others at any time. We shall not be responsible or liable for any loss,
damage,
delay, or failure to act caused by any cause beyond our reasonable control. If any
provision or
part of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable,
that provision or part of the provision is deemed severable from these Legal Terms and
does not
affect the validity and enforceability of any remaining provisions. There is no joint
venture,
partnership, employment or agency relationship created between you and us as a result of
these
Legal Terms or use of the Services. You agree that these Legal Terms will not be
construed
against us by virtue of having drafted them. You hereby waive any and all defenses
you
may have based on the electronic form of these Legal Terms and the lack of signing by
the
parties hereto to execute these Legal Terms.
26. CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us
at:
AI Pro Management
105 rue Anatole France
Levallois-Perret
, Hauts de
Seine
92300
France
Phone:
0033173446700
support@aipromanagement.com