Welcome to Ultrasafe AI Our platform provides access to Ultrasafe AI artificial intelligence models tailored for text generation alongside with a range of complementary services (the “Services”).
This agreement (the “Agreement”) is entered into by and between Ultrasafe AI, a French simplified joint-stock company, registered at the Trade register of Paris under number 952 418 325, and having its corporate seat at 15 rue des Halles 75001, Paris, France (“Ultrasafe AI” or “Us”, also referred to with the possessive adjective “Our”) and any person who uses, accesses or subscribes to the Services (“You” or the “Customer”).
These Terms of Use apply to any Subscription, use and/or access to the Services by You. By subscribing, accessing or using the Services, You expressly agree to abide by and be bound by this Agreement.
These Terms of Use do not apply to You if You use Our Services via a cloud provider, on such cloud provider’s infrastructure. In such a case, the Terms of Service for cloud usage shall apply.
The capitalized words in this document shall have the meaning set forth below:
“Account”: means Your account on the Platform.
“Agreement” or or “Service Agreement”: means the agreement entered into by and between Ultrasafe AI and You, composed of (a) these Terms of Use, (b) where applicable, the applicable Terms of Service and (c) all materials referred or linked to in the above mentioned documents, as may be amended from time to time.
“Anomaly”: means any anomaly affecting the proper functioning of the Services.
“Applicable Data Protection Law”: means (i) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable since 25 May 2018 (the “GDPR”) and (ii) the data protection laws and regulations applicable in France.
“Authorized Users”: means the Professional Customer’s employees and/or independent contractors, allowed by the Professional Customer to access and use the Services, subject to the Authorized Users’ compliance with this Agreement.
“Billing Cycle”: means the frequency at which the Customer is billed for the Fees, based on the Customer’s Subscription Plan.
“Business Hours”: means from 9 am to 6 pm on a Business Day.
“Business Days”: means from Monday to Friday, excluding French public holidays.
“Customer Application”: means the application edited and operated by the Customer under its sole control and responsibility, that the Customer may connect to the Platform to use certain Services.
“Data Controller”: means the legal person who determines the means and the purposes of the processing of Personal Data.
“Data Processor”: means the legal person that processes the Personal Data on behalf of the Data Controller and under its documented instructions.
“Effective Date”: means the earlier of (i) the date You first use the Services or (ii) the date You accept these Terms of Use.
“Fees”: means the fees paid or payable by the Customer under this Agreement in consideration for the Paid Services.
“Filters”: means the automatic mechanisms such as moderation prompts implemented by Ultrasafe AI designed to screen or remove offensive, inappropriate or illicit content from the Output.
“Identifiers”: means Your email address and password required to log into Your Account.
“Ultrasafe AI’S Intellectual Property”: means the Model(s), the Services, and any trade names, trademarks, logos, patents, trade secrets, know-how, designs, drawings, copyrights, engineering, photographs, samples, software, models, algorithm, image, literature, information, ideas, concepts, or improvements pertaining to the Services and other data of any kind that is protectable through copyrights, patent, trade secrets, trademarks, trade dress, service marks, or and includes any modification or enhancement of the Services.
“Model(s)”: means (i) any version of any artificial intelligence model developed by Ultrasafe AI and made accessible in any manner (API, chat, etc….) on the Platform and (ii) the associated documentation as may be amended from time to time (the “Documentation”).
“Parties”: means You and Ultrasafe AI. In the singular, “Party” means one of the Parties.
“Payment Services”: means the online payment services provided by Stripe Technology Europe Limited, having its principal office at The OneBuilding, 1, Lower Grand Canal Street,Dublin 2, Ireland, and registered as a payment service provider in Ireland under number C187865 (the “Payment Services Provider” or the “PSP”), allowing the Customer to pay the Fees on the Platform.
“Personal Data”: means any data related to an identified or identifiable natural person.
“Privacy Policy”: means Ultrasafe AI’S privacy policy.
“Platform”: means the platform operated by Ultrasafe AI.
“Services”: means the services provided by Ultrasafe AI to You under this Agreement, including but not limited to the Platform, the Model(s) and any other services provided by Ultrasafe AI along with any associated software, application and website. The Services may be free of charge (the “Free Services”) or charged to You (the “Paid Services”).
“Subscription”: means the Customer’s subscription to the Services.
“Subscription Plan”: means the specific set of Services the Customer subscribes to. The available Subscription Plans are mentioned on the Platform and may be amended from time to time by Ultrasafe AI at its sole discretion.
“Support”: means the support Services provided by Ultrasafe AI to the Customer, which includes:
“Terms of Service”: means the agreement entered into by and between the Parties and governing the use of specific Services and/or Subscription Services.
“Terms of Use”: refers to these terms of use.
“Ticketing Platform”: means the ticketing application provided by Ultrasafe AI to the Customer, where the Customer can request Technical Support. The Customer may also request Technical Support.
“Upgrade”: means any new version of the Services that introduces new features, enhancements, or improvements beyond the current version provided to the Customer under the Customer’s Subscription Plan.
“User Data”: means any of the following data:
“You”, the “User” or the “Customer”: means any person who uses, accesses, browses and/or subscribes to the Services. The terms “Your”, and “Yours” are also used throughout this Agreement to specifically refer to such Customer. The Customer can be:
“Workspace” or “Organization”: means the Professional Customers’ workspace on the Platform which Authorized Users can access, subject to the permissions set out by the Professional Customer.
The purpose of this Agreement is to describe the rights and responsibilities of the Parties in connection with Your use of the Services.
Scope. These Terms of Use apply to any Subscription, access to or use of the Services by You on the Platform.
Additional Terms. Some Services may be subject to additional terms specific to that Service as set forth in the applicable Terms of Service. By accessing or using a Service covered by the Terms of Service, You also agree to such Terms of Service.
Hierarchy. In case of any conflicts or discrepancies between these Terms of Use and the applicable Terms of Service, the applicable Terms of Service shall prevail.
General Principle. Any access or use of the Services by You implies Your unreserved agreement to these Terms of Use. You must read these Terms of use carefully before using the Services. We recommend You download these Terms of Use, print them and keep a copy thereof. By clicking on “I agree” (or any similar button or checkbox on the Platform) at the time You sign up for a Service or by signing a Purchase Order, You expressly agree to be bound by this Agreement.
Agreement on behalf of another person. If You agree to any of the terms composing this Agreement on behalf of Your employer or a legal entity, You warrant and represent that You possess the authority to act and accept such terms on their behalf. In such a case, the words “You” or “Customer” in this Agreement will refer to Your employer or that legal entity.
Age limitation. You must be at least thirteen (13) years old to use Our Services. You must have parental or legal guardian permission if You are a minor registering for Our Services. We will promptly delete any Account found to be in violation of such requirements.
Technical requirements. You need a computer (or any compatible electronic device) and a high-speed internet connection to access and/or use Our Services. Depending on the Services You use, some additional technical requirements might be required, as further described in the Documentation and/or in the applicable Terms of Service. You are responsible for ensuring You comply with the foregoing technical requirements to utilize the Services effectively.
Costs. Unless otherwise stated, the costs of the abovementioned technical requirements shall be borne solely by You.
Account creation. You must create an Account on the Platform to use the Services. To do so, You must fill in the form provided on the Platform. You must provide loyal, complete, correct and up-to-date information to Ultrasafe AI and promptly update the information on Your Account if any changes occur.
Type of accounts. The Platform offers two types of accounts: administrator Accounts (”Admin Accounts”) and regular Accounts (”Regular Accounts”).
Admin Accounts. Subject to Your Subscription Plan, Admin Accounts are granted additional privileges and functionalities compared to Regular Accounts. These privileges include, but are not limited to, the following:
Admin Accounts responsibility. Admin Account holders are responsible for ensuring that all individuals added to their Workspace on the Platform, whether through invitation or automatic addition, comply with these Terms of Service and any applicable laws and regulations. Admin Account holders are also responsible for managing the access and permissions of individuals within their organization.
Deletion of Your Admin Account. You can ask Us to delete Your Admin Account at support@ultrasafe.ai, subject to (i) Section 13 (Term, Suspension and Termination) of these Terms of Use or the applicable Terms of Service and (ii) payment of any outstanding Fees. The deletion of an Admin Account shall result in the concomitant deletion of the associated Workspace and all related Accounts, unless otherwise agreed.
Deactivation by You. You may deactivate Your Account at any time by sending an email to support@ultrasafe.ai unless You subscribed to Our Paid Subscription Services. In such a case, You may only delete Your Account under the terms and conditions set forth in Section 13 (Term, Suspension and Termination) of these Terms of Use or in the applicable Terms of Service.
Restrictions. Your Account is intended for Your use only. Unless otherwise stated, You shall not share Your Account with any third party without Ultrasafe AI’s prior written consent. You represent and warrant that You will not create (a) any fake Accounts, (b) more than one Account or (c) an Account on behalf of another individual or entity without such individual’s or entity’s consent.
Account security. You must keep Your Identifiers secure and strictly confidential. Ultrasafe AI does not commit to monitoring which individual is using Your Account. You are thus solely responsible for any action carried out via Your Account, whether that action was carried-out by You or not. For the avoidance of doubt, any operation carried out using Your Account will be considered to have been carried-out by You. Therefore, You shall (a) monitor the use of the Services and Your Account closely and (b) notify Ultrasafe AI at support@ultrasafe.ai in the event of any (suspected or confirmed) unauthorized or fraudulent use of Your Account as soon as You become aware of such events.
Suspension or deactivation by Ultrasafe AI. Ultrasafe AI reserves the right to suspend or deactivate Your Account Section 13 (Term, Suspension and Termination) of these Terms of Use, if Ultrasafe AI suspects or determines that such Account may have been used for an unauthorized purpose.
Subscription Process. To access and use the Free Services, You must:
Subscription Process. To subscribe to the Paid Services, You must:
Confirmation of the Subscription. Once the Subscription process is complete, a page will appear on the Platform to confirm Your Subscription. Ultrasafe AI will send You a confirmation of Your Subscription at the email address provided by You when creating Your Account (unless such email address is not valid), alongside with a PDF copy of this Agreement. This confirmation does not constitute an invoice. You will be able to access and use the Paid Services once You have received such confirmation.
Subscription verification process. Ultrasafe AI and/or, where applicable, the Payment Services Provider will verify the information provided by You during the Subscription process. Ultrasafe AI reserves the right to decline the Your Subscription to the Paid Services in case of any suspected OFAC regulation violation or instances of fraud and/or misrepresentation. In such cases, (i) Ultrasafe AI will notify You by email, (ii) Ultrasafe AI will refund You of any pre-paid Fees under this Agreement and (iii) this Agreement will automatically terminate.
Change Subscription Plan. A Subscription Plan enables the Customer to access specific features and Models as listed on the Platform. If the Customer wishes to access a Model that is not included in its current Subscription Plan, the Customer must subscribe to the relevant Subscription Plan to gain access.
The Platform. Any User may access and use the Platform free of charge as well as the Free Services. Our Services consist in allowing You to use Our Model(s) for the purpose of generating Outputs. You can access the full list and description of the Services provided by Ultrasafe AI on the Platform and/or on the Documentation, as may be amended from time to time.
Restrictions. Certain Services may not be directly accessible, either due to their payable nature (Paid Services) or restricted access limited to specific Users, such as businesses. The paid or restrictive nature of these Services is explicitly outlined on the Platform and/or the applicable Documentation.
Evolution of the Services. Subject to the applicable Terms of Service, We reserve the right to modify, update or enhance Our Services without notice. Such modifications may include, but are not limited to, debugging, feature additions, enhancements or alterations to improve Service quality. You agree that We are not obligated to maintain or provide prior features, functionalities or Services following modifications, updates or upgrades, unless otherwise stated.
Customer support.Ultrasafe AI will provide You with all reasonable guidance and information necessary to facilitate the optimal use of the Services, under the terms set out below (the “Customer Support”). The Customer shall submit Customer Support requests to Ultrasafe AI through Ultrasafe AI Ticketing Platform. Ultrasafe AI will use commercially reasonable efforts to respond to the Customer’s legitimate questions concerning the use of the API Services within a reasonable time, during Business Hours and on Business Days.
Customer Support exclusions. This Assistance Service does not cover any inquiries by the Customer:
Technical Support. You must notify Ultrasafe AI of any Anomaly affecting the Services using the Ticketing Platform. Ultrasafe AI will use commercially reasonable efforts to fix the Anomalies notified by You within commercially reasonable timeframes.
Adaptive Maintenance. Ultrasafe AI may perform adaptive maintenance, to ensure the Services continual adaptability and alignment with evolving technological or regulatory standards. You acknowledge and agree that this Agreement does not automatically include any Upgrades for the Services and that any Upgrades may require changing Your Subscription Plan. For the avoidance of any doubt, Ultrasafe AI is under no obligation to improve the Services or provide any Upgrade to You.
Beta Services. We may, from time to time, offer certain services, features, or functionalities in beta version (“Beta Services”). Beta Services will be mentioned as such on the Platform. Beta Services are provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Beta Services will be uninterrupted, error-free, or free of harmful components.By using the Beta Services, you acknowledge and agree that:
General Principle. Specific payment terms may apply depending on the Services Your Subscribe to. Please make sure to check the applicable Terms of Service to know more about the applicable payment terms before Subscribing to a Service.
Applicable Fees. The Fees are listed on the Platform inclusive of all Taxes. You must pay to Ultrasafe AI the Fees listed in Ultrasafe AI then-current price list available on the Platform. Unless otherwise stated and to the extent permitted by applicable law, all amounts paid by the Customer are non-refundable and non-cancellable.
Pricing evolution. Ultrasafe AI may modify the price list at its own discretion upon giving at least thirty (30) days’ notice in writing to the email address You provided upon Your Subscription. If You do not agree with this modification, You may terminate this Agreement and/or the relevant Purchase Order before the end of this notice period. The Fees will not be increased during this notice period.
Payment method. The Customer must pay the Fees via credit card or any other payment method available on the Platform.
Frequency. The Customer authorizes Ultrasafe AI and/or the Payment Service Provider to charge the Customer’s select payment method every month.
Payment Services. The Payment Services allowing the Customer to pay the applicable Fees are provided by the Payment Services Provider under its sole control and responsibility. Ultrasafe AI is not responsible for the Payment Services provided by the Payment Services Provider.
Billing. Billing shall occur simultaneously as payment.
Suspension or termination. We reserve the right to suspend or terminate Your access to the Services in case of late-payment or non-payment under the conditions set forth in Section (Term, Suspension and Termination) of these Terms of Use.
Late payments. The Customer may not withhold any amounts due under this Agreement. Any late payment will (i) be increased by a fixed indemnity of fourty (40) euros and the costs of collection (if any) and (ii) will incur a late payment interest rate of three (3) times the legal interest rate per day, starting from the day after the payment due date until full payment is received. For the purpose of this Agreement and subject to applicable law, the legal interest rate means the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points.
Taxes. The Customer is responsible for settling any applicable Taxes that may be levied on top of the Fees and must pay Ultrasafe AI for the Services without any deductions related to Taxes. If Ultrasafe AI is required to collect or pay any Taxes, they will be invoiced to the Customer, who is obligated to settle them unless a valid tax exemption certificate regarding these Taxes is timely provided to Ultrasafe AI. If the Customer is obligated by law to withhold Taxes from any payments under this Agreement, the Customer agrees to increase the payment amount to ensure that Ultrasafe AI receives the full agreed-upon Fees notwithstanding these deductions. The Customer will be solely responsible for remitting the withheld amounts to the relevant authorities. The Customer shall provide Ultrasafe AI with all pertinent tax identification information that Ultrasafe AI may require under the applicable law to ensure compliance with prevailing tax regulations and the authorities of relevant jurisdictions. The Customer agrees to settle any potential interests, penalties, taxes, or fines resulting from the Customer’s failure to declare, or reimburse Ultrasafe AI for such amounts.
Responsibility. When You use Our Services, You may provide Prompts and Our Services may generate Outputs in return. You are solely responsible for Your use of the Prompts and the Outputs. You shall only use Prompts to which You own all required rights under applicable law and do so in a manner that is consistent with the applicable law. You shall not intentionally make the Services generate Outputs infringing intellectual property rights, third party rights or applicable law, or use such infringing Outputs after You become aware of such infringement.
Prompt ownership. You hereby represent that You own Your Prompts. You retain all the rights, including but not limited to the intellectual property rights to Your Prompts.
Output ownership.We do not claim any ownership or intellectual property rights of any kind in and to the Outputs generated by Our Models. You are the sole owner of the Outputs. You must not use the Outputs or any modified or derived version of the Outputs to reverse engineer the Services.
Output similarity. You agree that, due to the nature of Our Services, if another User uses a Prompt similar to Yours, our Services may generate an Output similar or identical to Yours. We do not warrant that Your Output is not similar or identical to another User’s Output. Consequently and unless otherwise stated, we will not indemnify You in case Your Output is similar or identical to another User’s Output.
Output accuracy. You acknowledge and agree that Our Services are inherently subject to certain unpredictabilities, particularly with the Outputs generated, as such Outputs depend on Your Prompt and as the technology behind Our Services is complex and continuously evolving. For the avoidance of any doubt and to the extent permitted by applicable law, Our Services are provided without any express or implied warranty regarding the quality or the accuracy of the Outputs. Consequently, You agree that the Outputs generated by Our Services may be incomplete, not up-to-date or not entirely accurate. Therefore, when using Our Services, You must:
Ensure the quality of Your Prompts,
Assess the accuracy and/or the suitability of the Output to your needs before using or sharing the Output,
Include in Your Prompt any relevant moderation prompt to better filter or adapt the Output, especially if You deactivated the Filters proposed by Ultrasafe AI, and
Check the information generated by the Output and, in any case, not rely on the Output as a unique source of truth and/or information, as safe and inoffensive in every circumstance, or as a replacement for professional guidance.
License. You grant Us, for the term of this Agreement, a worldwide, revocable, non-exclusive, non-sublicensable, non-transferable right to use the Prompts, Outputs and User Input Data for the purpose of performing the Services. You grant Us, for the duration of the intellectual property rights under applicable law, a worldwide, non-revocable, non-exclusive, non-sublicensable, non-transferable right to use Your User Feedback for the purpose of improving Our Model(s). This helps us improve the accuracy of the Outputs generated by Our Model(s) and the overall efficiency and/or moderation of Our Services.
Moderation. We make commercially reasonable efforts to make sure Our Services do not generate Outputs that contain offensive, inappropriate or illicit content. To this end, We have implemented and / or are proposing different moderation mechanisms such as Filters to Our Model(s). Subject to Your Subscription Plan and to the option being available on the Platform, You may deactivate these Filters for legitimate purposes pertaining to Your specific Use-Case. You agree that (a) We do not warrant that the Output generated will not be offensive, inappropriate or illicit, (b) You are solely responsible for the use of Your Output and (c) You shall in no way use the Output for any illicit or unlawful purpose and/or to harm Ultrasafe AI and/or a third party.
General obligations. You shall use Our Services in compliance with this Agreement and all applicable laws and regulations, including but not limited to all intellectual property, data and privacy laws. Therefore, You are responsible for:
The information You provide Us. You must provide honest, loyal, complete, accurate and up-to-date information to Ultrasafe AI and promptly update such information as need may be.
Your use of Your Account and Our Services. You must:
Not use Our Services for any illicit, unlawful, prohibited and/or illegal purposes, to harm third parties or Ultrasafe AI.
Not use the Services for a benefit of a third party unless agreed otherwise in a separate contract with Us.
Not use the Services to circumvent the intended features, functionality or limitations of the Services or to divert Our Services from their intended purposes as set forth in this Agreement.
Not interfere with or circumvent mechanisms in the Services intended to monitor Your use of Our Services or to limit such use, except as provided for in Section 6 (Your User Data) of these Terms of Use.
Not infringe the rights of third parties, including but not limited to intellectual property rights or privacy. You shall only use Prompts to which You own all required rights under applicable law and to do so in a manner that is consistent with the applicable law.
Not use the Services in a manner in which, in Ultrasafe AI’s opinion, would affect Ultrasafe AI’s reputation or goodwill or any of its trademarks.
Your User Data. You must:
Not represent that the Output was generated by a human when it was generated by Our Services.
Not use the Output if You are aware that it infringes the rights of third parties, including but not limited to intellectual property rights.
Comply with the applicable data protection laws if You use Personal Data as part of Your User Data.
Not compromising the security of Our Services. You must:
Not interfere with, circumvent or bypass mechanisms in the Services intended to ensure the security of our Services.
Not attempt to or engage in any activities that could compromise the security, moderation or proper functioning of the Services. Specifically, the Customer shall refrain from any attempt to inject malicious Prompts or carry-out Prompt injection attacks with the intent of manipulating the behavior of the Model,
Not attempt to or take any actions that may result in unauthorized access, interference or disruption of the Services’ operation.
Not disable, overly burden, impair or otherwise interfere with servers or networks connected with Our Services.
Not disseminate data that would diminish, disorganize, slow down or interrupt the normal functioning of Our Services.
Not use, store, transmit or disseminate data that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data.
Not perform any vulnerability, penetration or similar testing of Our Services.
Not infringing Ultrasafe AI’s Intellectual Property. Subject to applicable law, You must:
Not remove or otherwise obscure any copyright or proprietary notices on the Services, including but not limited to Our brands, trademarks or any other copyright notice.
Not bypass, attempt to bypass, alter, disable or in any way interfere with the digital rights management measures that may be integrated to the Services. You acknowledge that these protection mechanisms are essential for safeguarding the intellectual property and security of the Services.
Not incorporate Our Services into Your products and/or services, unless otherwise stated.
Not extract, by permanent or temporary transfer, all or part of the contents of Our Services, by any means and under any form whatsoever, including by scraping, except as otherwise authorized under the terms of this Agreement.
Not merge or combine the Services with any software, programme or technology, except as otherwise authorized under the terms of this Agreement..
Not copy, reproduce, transcode, adapt, translate, arrange, modify or create any derivative works of the Services except as expressly authorized by applicable law.
Not seek to reverse engineer or reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Us).
Not grant a license, sub-licence or access to or sell, lend, lease or distribute, in any form whatsoever, the Services to third parties without the prior written authorization of Ultrasafe AI.
Not make the Services accessible to third parties, unless otherwise stated.
Not use Outputs to reverse-engineer Our Services.
Third parties. You shall not encourage or assist any other User or third party in doing anything that is strictly prohibited under this Agreement.
Obligations specific to Professional Users. When using the Services, You must:
General obligations. Subject to Your compliance with this Agreement and to the applicable Terms of Service, Ultrasafe AI will use commercially reasonable efforts to make the Services accessible 24 hours a day, 7 days a week. However, Ultrasafe AI reserves the right to suspend the availability of all or part of the Services (a) in case of a Force Majeure Event (as defined in Section 14 of these Terms of Use), (b) for maintenance purposes, including but not limited to, to fix anomalies, bugs or errors, to launch new or improved features or Services, or to address immediate security concerns. Unless otherwise stated, Ultrasafe AI is not under an absolute obligation of any kind. Ultrasafe AI shall not be held responsible for any disruptions, interruptions and/or anomalies that are not of its making and that affect, for example, transmissions via the Internet network and more generally via the communication network, whatever the extent and duration. Ultrasafe AI reserves the right to make available a new Model, discontinue the availability of a Model, or change the performances of a Model, without prior notice to Customers, even if Ultrasafe AI will do its best efforts to warn Customers in advance in case of discontinuation of a Model.
Security. Ultrasafe AI will use commercially reasonable efforts to implement and maintain reasonable security measures to prevent unauthorized access to the Services, as well as fraudulent destruction, loss, or alteration of data. These security measures may include, but are not limited to, the use of firewalls, encryption, strict access controls, regular backups, and security protocols compliant with good industry standards.
Illicit content. You have the availability to report to Ultrasafe AI any Output and/or User Data that (a) incites hate, violence, or discrimination against individuals based on their origin, ethnicity, religion, gender, sexual orientation, etc. (b) glorifies sexual harassment, (c) violates human dignity (e.g., human trafficking or pimping), (d) glorifies crimes against humanity or denying their existence, (e) incites terrorism, (f) glorifies very serious crimes against individuals (e.g., murder or sexual assault) (g) glorifies crimes involving theft, extortion, or material damage posing a danger to individuals (h) are of a pedophilic nature (i) are dangerous for minors. You can report such content by using the report feature on the Platform and/or by sending an email at support@ultrasafe.ai. You grant Us the right to access the reported content to improve Our Services (e.g. to help Us make sure that the Model does not generate illicit content). This right is granted worldwide and for the duration of the intellectual property rights under applicable law. You must delete such content using the applicable feature on the Platform.
Right to use. Ultrasafe AI grants You a worldwide, revocable, non-exclusive, non-sublicensable, non-transferable right to use the Services for the term of this Agreement, in compliance with this Agreement and the applicable law. This right to use the Services is subject to the restrictions set out (a) in the Terms of Service and (b) in Section 8 (Your Obligations) of these Terms of Use.
Ultrasafe AI Intellectual Property. Ultrasafe AI has and retains all right, title and interest, including all intellectual property rights, in and to the Platform and/or the Free Services, including but not limited to the Model(s). No rights are granted to You, except as expressly set forth in this Agreement. All rights and licenses granted under this Agreement shall terminate when the applicable Agreement and/or the applicable Terms of Service terminates.
Your intellectual property. You remain the sole owner of all right, title and interest, including all intellectual property rights in and to Your User Data.
Ultrasafe AI’s Intellectual Property. Ultrasafe AI remains the sole owner of all right, title and interest, including all intellectual property rights in and to Ultrasafe AI’s Intellectual Property, including but not limited to the Model(s), the Documentation and the Services. The Services are made available on a limited access basis, and no ownership right is conveyed to the Customer, irrespective of the use of terms such as “purchase” or “Subscription”. Any representation or reproduction, in whole or in part, of the Services, by any process whatsoever, without Ultrasafe AI’s prior express authorisation, is strictly prohibited and will constitute an infringement punishable by the provisions of the applicable law.
Services provided “as is”. The Services are provided to You “as is”. To the extent permitted by applicable law, Ultrasafe AI makes no representations or warranties regarding the accuracy, reliability, or completeness of the Services or their suitability for Your specific requirements or use-case. Without limiting Ultrasafe AI’s express obligations under this Agreement, Ultrasafe AI does not warrant that Your use of the Services will increase Your revenues, be error-free, uninterrupted or that Ultrasafe AI will review Your User Data for accuracy. You acknowledge and agree that any use of the Services is at Your own risk, and Ultrasafe AI shall not be liable for any Losses arising from Your misuse, unauthorized or unlawful to use the ServicesPlatform and/or the Free Services, or from the non- suitability of the ServicesPlatform and/or the Free Services to Your specific requirements or use-case, including but not limited to direct, indirect, incidental, consequential, or punitive damages.
Ultrasafe AI Warranties. Ultrasafe AI warrants that:
You represent and warrant that:
Indemnification by Ultrasafe AI. Ultrasafe AI shall indemnify, defend, and hold the Customer harmless against any liabilities, damages and costs (including reasonable attorneys’ fees) payable to a third party arising out of a third party claim alleging that the Services infringe any third party intellectual property right. Ultrasafe AI shall not indemnify the Customer for any claim arising from or related to:
To the extent permitted by applicable law, the liability cap set out in Section (Liability) of these Terms of Use shall apply to the indemnification obligations under this Section.
Indemnification by the Customer. The Customer agrees to indemnify, defend, and hold Ultrasafe AI and its affiliates and licensors harmless against any liabilities, damages, and costs (including reasonable attorneys’ fees) payable to a third party arising out of a third party claim related to (a) the use of the Services in violation of this Agreement, (b) the Customer Application (if any), or (c) the User Data. Nothing in this Agreement should limit the Customer’s obligation to indemnify Ultrasafe AI of such a claim in case of unauthorized use of the Services by the Customer or the Authorized User.
Indemnification Procedure. The indemnification obligations this section of these Terms of Service are subject to the indemnifying Party (a) receiving a prompt written notice of such claim ; (b) being granted the exclusive right to control and direct (including the authority to elect legal counsel) the investigation, defense or settlement strategy of such claim and (c) benefitting from all reasonable necessary cooperation and assistance, including access to the relevant information, by the indemnified Party at the indemnifying Party’s expense. Ultrasafe AI shall consult Customer before entering into any settlement or compromise of any claim, and shall take into account all reasonable comments from Customer.
Remedies. The remedies in this section are the sole and exclusive remedies for any third-party claim that the Services, the Customer Application or the User Data infringe intellectual property rights.
Disclaimer. To the extent permitted by applicable law, Ultrasafe AI will not be liable:
Liability Cap for Free Services. To the extent permitted by law and subject to the applicable Terms of Service, in no event will Our total aggregate liability in connection with or under the Free Services, or Your use of or inability to use the Free services, exceed 100 euros.
Liability Cap for Paid Services. To the extent permitted by law, the total aggregate liability of Ultrasafe AI in respect of any Losses incurred by the Customer under or in relation to this Agreement will not exceed, in the aggregate, the lower of (i) the amount of the Fees paid or payable by the Customer in the twelve (12) calendar months preceding the date on which the first such event or events occurred or (ii) 10.000 euros.
Multiple claims. The existence of one or more claims under this Agreement will not increase the above mentioned liability caps. You agree that any Losses or claim You may have under this Agreement can only be recovered once and any such claim will exhaust all and any other claims that might otherwise arise against Ultrasafe AI in relation to which the Customer has been compensated or otherwise reimbursed.
Legal action. You agree that the limitations specified in this section apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise.
This Agreement will commence on the Effective Date and continue for an indefinite period of time, until terminated by either Party.
Suspension. We reserve the right to suspend Your Account and/or Your access to all or part of the Services in case of:
Your breach or Your Authorized User’s breach of this Agreement,
Late payment or non-payment of the applicable fees (if any),
Immediate security concerns.
Notification. We will notify You of the suspension and the reasons for such suspension seven (7) days prior to the suspension taking effect, except in the event of a serious breach by You of this Agreement or an immediate security concern, in which case the suspension will take effect with shorter notice.
Effects of the suspension. During the suspension, all rights and permissions granted to You under this Agreement will be suspended and You will not be able to access or use Our Services. If You are a Professional Customer, we may suspend every Account attached to Your Organization.
Remediation. You shall have a period of thirty (30) days to remedy the breach notified by Ultrasafe AI and to notify Ultrasafe AI accordingly. Failing that, Ultrasafe AI reserves the right to terminate this Agreement for cause immediately, without further notice. Termination will be effective at the end of this thirty (30) days period.
Termination for convenience. You may terminate this Agreement at any time by sending an email to support@ultrasafe.ai.
Termination for cause. Either Party may terminate this Agreement if the other Party fails to cure a material breach of this Agreement and/or any relevant Purchase Order within thirty (30) days after notice of such breach, provided that such breach is remediable. For illustrative purposes, any of the following breaches by either Party shall be considered a material breach of this Agreement (a) any unauthorized use of the Services and/or, (b) failure to pay any amounts due under this Agreement.
Effects of termination. Upon termination or expiration of this Agreement, (i) You will no longer have access to the Services, (ii) You must pay any outstanding Fees to Ultrasafe AI. Termination or expiry of this Agreement, for any reason whatsoever, shall not entitle You to a refund of any previously paid Fees or charges for the Services, unless expressly agreed upon by both Parties in writing. Termination or expiry of this Agreement will not automatically result in the deletion of Your Account or the Authorized Users’ Accounts. Subject to having paid any outstanding amounts to Ultrasafe AI, You may delete Your Account after the termination of this Agreement, by using the applicable feature on the Platform.
Survival. All payment obligations incurred during the term of this Agreement and the following Sections shall survive the expiration or termination of these Terms of Use: Section 12 (Liability), Section 10 (Intellectual Property), Section 13 (Term, Suspension, Termination), Section 18 (Dispute resolutions and applicable law).
Ultrasafe AI processes Your Personal Data as Data Controller for the purposes of (a) providing the Services (b) commercially managing this Agreement, (c) billing and (d) marketing operations. If You want to know more about the way We process Your Personal Data and how you can exercise Your rights, please refer to our Privacy Policy.
Ultrasafe AI may process Personal Data on behalf of the Professional Customer, as Data Processor. In such the latter case, the [Ultrasafe AI Data Processing Agreement] shall apply between the Parties.
Scope. This section applies to any Customer who is acting for purposes which are outside their trade, business, craft or profession (the “Consumer”). In case of any discrepancies between the rest of this Agreement and this Section, this Section will prevail.
By accepting these Terms of Use and utilizing the Paid Services:
Ultrasafe AI will send to the Consumer a confirmation of the Consumer’s waiver of its right of withdrawal along with the confirmation of the Consumer’s Subscription under Section 4.3. (Subscription to the Services) of these Terms of Use.
Along with any commercial warranty provided to the Consumer under this Agreement, the Consumer also benefits from the legal warranty of compliance in the conditions set forth in Exhibit 1 of these Terms of Use.
Upgrades necessary to maintain the compliance of the Services. Ultrasafe AI will inform the Consumer of any Upgrades necessary to maintain the compliance of the Services during the Subscription Period. Ultrasafe AI will notify the Consumer of the availability of Upgrades and the consequences of their non-installation for the Consumer. Ultrasafe AI shall not be held liable for any non-compliance related issues when the Consumer fails to install, within a reasonable timeframe, the necessary Upgrades to maintain the Services’ compliance.
Upgrades not necessary to maintain the compliance of the Services. Ultrasafe AI may propose Upgrades that are not necessary to maintain the compliance of the Services. In such cases, Ultrasafe AI will inform the Consumer in advance and through a durable medium about the planned Upgrades and their implementation date. Any Upgrades performed will be conducted without additional costs to the Consumer. The Consumer may refuse the aforementioned Upgrade. In this event, the Consumer has the right to terminate this Agreement without charges (unless the Upgrade has minor implications for the Consumer or if, without this Upgrade, the Services remain compliant).
Non-substantial modifications. We reserve the right to modify these Terms of Use at any time.
Substantial modification. In the event of any substantial modifications to these Terms of Use, we will notify You of such modifications no later than thirty (30) days prior to the effective date of such modifications at the email address You provided upon registration. If You do not agree with such substantial modifications, You may terminate this Service Agreement in compliance with Section 13 (Term, Suspension and Termination) of these Terms of Use.
Non waiver. The fact that either of the Parties does not claim application of any clause whatever of this Agreement or condones its non-performance, shall not be construed as a waiver by that Party to the rights stemming for it from said clause. A waiver of any right or remedy under this Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
Severance. If a court or any other competent authority finds any provision of this Agreement (or part of any provision) to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of this Agreement shall not be affected. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
No-partnership. Nothing in this Agreement is intended to, or shall be deemed to constitute a partnership or joint venture of any kind between any of the Parties, nor constitute any Party the agent of another Party for any purpose. No Party shall have authority to act as agent for, or to bind, the other party in any way. Neither the User nor Ultrasafe AI will suggest or claim any sponsorship, endorsement or affiliation with the other party, unless such a relationship is governed by a separate agreement.
Entire Agreement. This Agreement is the entire agreement between the Parties relating to the Services, and any other subject matter covered by this Agreement and supersedes all prior or contemporaneous oral or written communications, proposals and representations between the Parties, with respect to the Services or any other subject matter covered by the Agreement.
Force Majeure. Neither Party will be liable to the other for any delay or failure to perform any obligation under these Terms if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency (the “Force Majeure Event”).
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of France.
General principle. In the event of any controversy or claim arising out of or relating to this Agreement, the Parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both Parties.
You are a Consumer. Where the User is located within the European Union, the User may contact:
You are a business. If the Parties do not reach settlement within a period of sixty (60) days, either Party may escalate the controversy or to the senior executives or both Parties (the “Executives”). The Executives shall then promptly engage in discussions and negotiations to seek a mutually agreeable resolution in the best interest of both Parties.
General Principle. If the Parties do not reach an amicable settlement, each Party may pursue relief as may be available under this Agreement. All negotiations pursuant to this section will be considered confidential information and shall not be shared with any third parties without the disclosing Party’s prior written consent even after the termination and/or expiration of this Agreement.
Where the User is located in France, the Parties agree that the courts of Paris, France shall have exclusive jurisdiction over any disputes arising out of or in connection with this Agreement or its subject matter or formation.
Where the User is not located in France, all disputes arising out of or in connection with this Agreement or its subject matter or formation shall be finally settled under the rules of arbitration of the international chamber of commerce (the “ICC”) by one arbitrator appointed in accordance with the said rules. The arbitration proceedings shall take place exclusively at the ICC headquarters in Paris, France. The appointed arbitrator shall adjudicate the dispute in accordance with the applicable law.
