Terms and conditions

 

Terms and conditions

 

1.     Company identification

 

We are GLADIA, a simplified joint stock company (“société par actions simplifiée) registered in Trade and Companies of Rennes under the number 909 935 736 whose head office is located at 38, rue de la Tremblaie 35510 Cesson-Sévigné (France) (“We” or “GLADIA”).

 

You can contact us at the following:

 

-           e-mail address: support@gladia.io

-           phone number:  +33 6 26 79 48 70

 

2.     Our Services

 

We provide our clients (“You”) with:

 

1.1.   a newsletter service (the "Newsletter"). “You” can register to this service through the site (here) (the “Site”).

 

1.2.   a ‘self-hosted AIPI’s ’ service (the "Self-hosted AIPI’s"). “You” can access this service either through:

1.2.1.         docker hub using the docker image (here)

1.2.2.         GitHub using the code (here)

 

1.3.   an ‘on-premise AIPI’s ’ service (the "On-Premise AIPI’s"). “You” can access this service through a direct sales process by contacting: sales@gladia.io

 

1.4.   a ‘SaaS AIPI’s‘ service (the "SaaS AIPI’s"). “You” can access this service either through:

1.4.1.         the Microsoft Office suite (the "Add-in") (here)

1.4.2.         using Gladia’s app (the "App") (here)    (the “Services”).

3.     Information on our Terms and Conditions

 

What are our Terms and Conditions for?

Our terms and conditions (the "Terms and Conditions") are the sole document governing our contractual relationship and define:

- the terms and conditions of use of our Services,

- our obligations and yours.

Where can You find our Terms and Conditions?

You can find them via a direct link at the bottom of the “Site” page.

How to accept our Terms and Conditions?

You agree to the Terms and Conditions by signing up to our services If You do not agree to all of our Terms and Conditions, You may not access the Services.


They may be supplemented by special conditions which, in the event of contradiction, shall prevail over the Terms and Conditions.


 

 

4.     Conditions of access to our Services

 

The Services are provided if You meet the following cumulative conditions:

 

(i)    You are:

 

-      a natural person with full legal capacity or,

-      a legal person acting through a natural person with the power or authority to enter into a contract in your name and on your behalf.

 

(ii)   You are:

 

-      a consumer is understood as any natural person acting for purposes that are outside his or her trade or profession or,

-      a professional, understood as any natural or legal person acting for purposes relating to his commercial, industrial, handmade, liberal, or agricultural activity, including when acting in the name of or on behalf of another professional.

 

5.     Terms of registration and subscription to our Services

 

In order to use:

 

1.1.   the Newsletter Service, You must have the following hardware or software: a browser with an internet connection.

 

1.2.   the self-hosted AIPI’s service, You must have the following hardware or software: a     computer with at least 40 Gb of RAM, an Nvidia GPU with the following minimal generation v100s (32GB of VRAM), and at least 200Gio of storage and download the latest version of the Gladia’s docker image.

 

1.3.   the On-premise AIPI’s service, Gladia’s presales team will engineer your technical needs with the customer’s technical’s team.

 

1.4.   the SaaS AIPI’s service, You must have the following hardware or software: a browser with an internet connection.

 

1.5.   the Saas Office addin service, You must have the following hardware or software: a browser with an internet connection and a Microsoft 365 license.

 

To have access to:

 

1.1.   the Newsletter Service, You must fill in the form provided for this purpose on the Site,

 

1.2.   the On-premise AIPI’s service operated by you, You must do nothing. Everything is freely available as long as it’s not used for software redistribution in any form (hosted, resell, …).

 

1.3.   the On-premise AIPI’s service operated by Gladia, You must contact Gladia’s sales team at the following e-mail address: sales@gladia.io.

 

1.4.   the SaaS AIPI’s service, You must:

1.4.1.                  fill in the form provided for this purpose on the App, or

1.4.2.be registered on one of the third-party sites listed on the App, use your login details from the selected third-party site. You expressly authorize us to access your account data on the relevant third-party site.

 

You must provide us with all the information marked as mandatory.

 

Registration automatically opens an account in your name (the "Account"), which allows You to access our Services using your login and password or your third-party login information.

 

6.     Description of the Services

 

6.1.   Our Services

 

Before subscribing, You can read the characteristics of our Services on our Site. You recognize:

-        that You are aware of the characteristics and constraints of our Services, in particular the technical ones,

 

-        that the implementation of the Services requires a connection to the Internet and that the quality of the Services depends on this connection, for which We are not responsible.

 

The Services You have subscribed to are described on the Site.

 

We reserve the right to limit the number of accessible AIPIs. This number will be indicated directly on the Site.

 

We reserve the right to offer any other Service.

 

Any request to modify the subscribed Services must be the subject of a new subscription.

 

6.2.   Our Additional Services

 

6.2.1.                Maintenance

 

During the duration of the Services, You benefit from maintenance, in particular corrective and evolutionary maintenance. In this context, access to the Site, the App, the on premise AIPI’s, the Addin and the SaaS AIPI’s may be limited or suspended.

 

Concerning corrective maintenance, We do our best efforts to correct any malfunction or bug found on the Site, the App, the on premise AIPI’s, the Addin and the SaaS AIPI’s

 

We may perform automatically and without prior notice an evolutionary maintenance, and which includes improvements to the functionality and/or technical facilities (aimed at introducing minor or major extensions) of the Site, the App, the on premise AIPI’s, the Addin and the SaaS AIPI’s

 

Access to the Site, the App, the on premise AIPI’s, the Addin and the SaaS AIPI’s may also be limited or suspended for planned maintenance purposes, which may include the above-mentioned corrective and evolutionary maintenance operations.

 

6.2.2.                Hosting

 

We make our best efforts to ensure the hosting of the Site, the App, the Addin and the SaaS AIPI’s, as well as the data produced by the above mentioned, through a professional hosting provider, are located in a territory of the European Union.

 

6.2.3.                Technical support

 

In the event of any difficulty encountered while using our Services, You can contact us at the contact details mentioned in the article " Company identification”.

 

7.     Subscription period

 

You subscribe to our Services for an indefinite period until the termination of your subscription. Regarding the Self-hosted AIPI’s service, it’s available without subscription.

8.     Financial conditions

 

Our Services are free.

 

Our prices can be revised at any time under the conditions of the article "Modifications of the Terms and Conditions

 

9.     Withdrawal

 

You don’t have the right of withdrawal if You have expressly:

 

1.5.   (i) agreed that the Services will be provided to You as soon as your acceptance of the Terms and Conditions and that they will be fully executed before the end of the withdrawal period and

1.6. (ii) waived your right of withdrawal.

 

10.  Intellectual Property

 

10.1.        On the Self-hosted AIPIs

 

Self-hosted AIPI’s are regulated by the rules of the Attribution-NonCommercial-ShareAlike 4.0 International License, that You agree to respect when using the On-premise AIPI’s (see more on: https://github.com/gladiaio/gladia/blob/main/LICENSE).

 

10.2.        On the SaaS AIPIs

 

Regarding the SaaS AIPI’s, We grant You a limited, personal, non-transferable, non-sublicensable, non-exclusive license to use the SaaS AIPI’s for the duration set out in the article "Subscription period”. The license is granted for the sole purposes of the use of the SaaS AIPI’s, for your own needs.

 

Consequently, any other use of the SaaS AIPI’s is prohibited. In this respect, You are prohibited from disseminating, distributing, or making available, directly or indirectly, the SaaS AIPI’s to a third party or to the public, whether free of charge or in return for payment. In addition, You are prohibited from making any temporary or permanent reproduction of the SaaS AIPI’s by any means whatsoever, as well as any translation, adaptation, arrangement, decompilation or modification of the SaaS AIPI’s.

 

The license does not give You any intellectual property rights on the SaaS AIPI’s, which remains our exclusive property.

 

You are strictly forbidden to:

 

-      sell, transfer, or distribute in any way the SaaS AIPI’s,

-      reproduce permanently or temporarily any part of the SaaS AIPI’s, in whole or in part, by any means and in any form,

-      modify the SaaS AIPI’s and / or merge all or part of the SaaS AIPI’s into other computer programs,

-      remove, obscure or alter in any way any mention of ownership associated with the SaaS AIPI’s,

-      compile the SaaS AIPI’s, decompile, disassemble, translate, analyze, reverse engineer or attempt to do so, except to the extent permitted by law and in particular Article L. 122-6-1 of the Intellectual Property Code,

-      use the SaaS AIPI’s to develop a competing product,

-      use the SaaS AIPI’s beyond the duration of the license,

-      and more generally to perform any act of use or exploitation of the SaaS AIPI’s not included in the license.

 

10.3.        On all Services

 

The systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) that We use on our Services, are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any of these items, without our authorization, is strictly prohibited and could lead to prosecution.

 

11.  Commercial references

 

As an exception to this section, We may use our respective names, trademarks, and logos and refer to our respective sites as commercial references for the duration of our contractual relationship and 3 years thereafter.

 

12.  Your obligations and your responsibility

 

12.1.        Concerning the provision of information

 

You agree to provide us with all information necessary to subscribe to and use our Services.

 

12.2.        Concerning the use of the self-hosted AIPIs

 

You agree to abide by the terms of the Attribution-NonCommercial-ShareAlike 4.0 International License described on this site: https://github.com/gladiaio/gladia/blob/main/LICENSE

12.3.        Concerning the use of the on-premise AIPIs

You agree to update and more generally to follow instructions from the technical support from Gladia, including updating software version according to the guidelines provided by the technical support.

You agree to maintain any system related to Gladia to an appropriate level of security, including performing Orchestration Software updates, Operating System updates, certificates and any other element in relation to the functionality of Gladia.

 

12.4.        Concerning your Account :

1.       You :

-  guarantee that the information provided in the form is accurate and undertake to keep it up to date,

 

-  acknowledge that this information is proof of your identity and is binding on you as soon as it is validated,

 

-      are responsible for maintaining the confidentiality and security of your login and password. Any access to our Services using your login and password is deemed to be made by you.You must contact us immediately using the contact details set out in the " Company identification" section if You become aware that your Account has been used without your knowledge. You acknowledge that We shall have the right to take any appropriate action in such a case.

 

12.5.        Concerning the use of the Services

 

You are responsible for your use of the Services and any information You share in connection therewith. You agree that the Services will be used exclusively by You.

 

You shall not misuse the Services for purposes other than those for which they were designed, and in particular for:

 

-      practice illegal or fraudulent activity,

-      harm public order and morality,

-      infringe on third parties or their rights in any way whatsoever,

-      violate any contractual, legislative or regulatory provision,

-      carrying out any activity that may interfere with a third party's computer system, in particular for the purpose of violating its integrity or security,

-      carry out any operation aimed at promoting your services and/or sites or those of a third party,

-      assist or incite a third party to commit one or more of the acts or activities listed above.

 

You will also not:

 

-  Copy, modify or misappropriate any of our property or concepts used by us in connection with the Services,

-  Adopt any conduct that interferes with or hijacks our computer systems or breaches our computer security measures,

-  Infringe our financial, commercial or moral rights and interests, market, transfer or otherwise provide access to the Services, the information hosted on the Site or any of our property.

 

You are responsible for the content You use in connection with the Services (the "Content").

 

You may not distribute any Content (this list is not exhaustive):

 

1.1.   infringing on public order and morality (pornographic, obscene, indecent, shocking, or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist),

1.2.   infringing the rights of third parties (infringing content, infringing personality rights, etc.) and more generally, violating a contractual, legislative or regulatory provision,

1.3.   prejudicial to third parties in any way whatsoever,

1.4.   misleading, deceptive, or proposing or promoting illicit, fraudulent, or deceptive activities,

1.5.   harmful to the computer systems of third parties.

 

You will indemnify us against any claim and/or action that may be brought against us as a result of a breach of any of your obligations. You will indemnify us for any loss suffered and reimburse us for any sums We may have to bear as a result.

 

13.  Our obligations and our responsibility

We undertake to provide the Services with due diligence, it being understood that We are bound by due care.

We undertake to comply with the regulations in force.

 

13.1.        Concerning the quality of our Services

 

We make every effort to provide You with quality Services. For this purpose, We carry out regular checks to verify the functioning and accessibility of our Services and may carry out scheduled maintenance under the conditions specified in the "Maintenance" section.

 

However, We are not responsible for any difficulties or temporary impossibility of access to our

Services due to:

 

-        circumstances outside our network (including partial or total failure of your servers)

-        the failure of equipment, cabling, services, or networks not included in our Services, or which are not under our responsibility,

-        interruption of the Services by telecom operators or internet service providers,

-        your intervention, in particular through an incorrect configuration applied to the Services,

-        force majeure.

 

We are responsible for the operation of our servers, the outer limits of which are the connection points.

 

Furthermore, We do not guarantee that the Services:

 

-        subject to constant research to improve its performance and progress, will be completely free of errors, defects or faults,

-        being standard and not offered according to your own personal constraints, will specifically meet your needs and expectations.

 

13.2.        Concerning the service level guarantee of the Site and on the Solution SaaS

 

We make every effort to maintain 24/7 access to our Services except in the event of scheduled maintenance as defined in the "Maintenance" section or force majeure.

 

13.3.        Concerning the use of subcontracting and the transfer of our rights and obligations

 

We may use subcontractors in the performance of the Services, who are subject to the same obligations as We are in the performance of their work. However, We shall remain solely responsible to You for the proper performance of the Services.

 

We may substitute any person who will be subrogated to all our rights and obligations under our contractual relationship. We will inform You of any such substitution by any written means.

 

14.  Limit of our liability

 

Our liability is limited to proven direct damages that You may suffer as a result of using our hosted Services.

We decline any damage due to the usage of Gladia’s self-hosted service without any official commercial support from Gladia.

 

15.  Modes of proof

Evidence can be established by any means.

You are informed that the messages exchanged through our Site as well as the data collected on the Site and our computer equipment, constitute the main mode of proof admitted, in particular, to demonstrate the reality of the Services performed.

 

16.  Personal data

 

16.1.        General Provisions

 

We have a privacy policy that can be accessed here: https://www.gladia.io/privacy-policy. We invite

You to read it.

 

16.2.        Processing of personal data by us as a data processor

16.2.1.             Purpose

The purpose of this clause is to define the conditions under which we undertake to carry out, on your behalf, the personal data processing operations defined below.

 

As part of their contractual relations, we and you shall each undertake to comply with the Applicable Regulation.

16.2.2.             Description of the processing that We carried out

 

As part of the Services, We process personal data in your name and on your behalf as a data processor, while You act as a data controller within the meaning of the Applicable Regulation. The processing characteristics are described in the Appendix of these Terms and Conditions.

 

16.2.3.             Our obligations with respect to You

 

-        Data processing:

We undertake to process the personal data only for the purposes listed in the Appendix and in accordance with your documented instructions, including with regard to transfers of data outside the European Union. Where We consider that an instruction infringes the Applicable Regulation, We shall immediately inform You thereof. Moreover, if We shall process personal data and transfer them to a third country or an international organization, according to the Applicable Regulation of these Terms and Conditions. We shall inform You of that legal requirement before processing unless that law prohibits such information on important grounds of public interest.

 

-        Security and data confidentiality:

We undertake to implement the appropriate technical and organizational measures to ensure the security and integrity of personal data, their backup and the restoration of their availability in the event of a physical or technical incident. We ensure that the persons authorized to process the personal data hereunder have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

 

-        Sub-processors:

We are authorized to use processors (hereinafter "the Sub-Processor") listed in the Appendix to carry out specific processing activities. We shall inform You, in writing beforehand, of any intended changes concerning the addition or replacement of Sub-Processors as listed. This information must clearly indicate which processing activities are concerned, and the name and contact details of the Sub-Processor. You have a period of 15 (fifteen) calendar days from the date of receipt of this.information to submit your legitimate and justifiable objections. In the absence of notification of objections after this period, You shall be deemed to have authorized the use of the relevant Sub-Processor.

 

The Sub-Processor shall comply with the obligations hereunder on behalf of and in accordance with your instructions. We shall ensure that the Sub-Processor provides the same sufficient warranties regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the Applicable Regulation. If the Sub-Processor fails to fulfil its data protection obligations, We remain fully liable to You for the Sub-Processor’s performance of its obligations.

 

-        Transfer of personal data outside the European Union:

We are authorized to transfer personal data processed as part of this Terms and Conditions to countries located outside the European Union, if appropriate safeguards have been implemented as defined under Chapter V of GDPR.

 

-        Assistance and provision of information:

We undertake to assist You and to respond without undue delay to any request for information sent by You, whether in the context of a request for the exercise of their rights by data subjects, a privacy impact assessment, or a request made by a supervisory authority or your data protection officer.

 

-        Notification of personal data breach:

We shall notify You of any personal data breach relating to the processing operations covered by this Terms and Conditions, without undue delay after becoming aware of it and to provide You with all relevant information and documentation relating to such personal data breach.

 

-        Fate of the data:

We undertake at our election to delete or return personal data at the termination of this Terms and Conditions and not to keep a copy unless Union or Member State law requires storage of the personal data.

 

-        Documentation:

We shall make available to You, at your request, all information and documents necessary to demonstrate compliance with its obligations and allow for audits. You may carry out audits once a year, at your own expense to verify our compliance with the obligations set forth in this article. You will inform us of the audit at least two (2) weeks before. We may refuse the identity of the auditor if it belongs to a competing company. The audit shall be conducted during working hours and with the least possible disturbance for our activity. The audit shall not threaten (i) technical and organizational security measures implemented by us, (ii) security and confidentiality of data of our other customers,

(iii)  our proper functioning and organization. When possible, Parties will agree beforehand on the scope of the audit. The audit report will be sent to us as so to submit comments, which will be attached to the final version of the audit report. Each audit report will be considered confidential information.

 

-        Your obligations with respect to Us: You undertake to:

1.     provide us with the personal data mentioned in Appendix, except any improper, disproportionate, or unnecessary personal data, and except any “particular” personal data within the meaning of the Applicable Regulation, except if the processing activities justify it. In this case, You will have to document these justifications and to take all measures, notably of prior information, to collect appropriate consent and appropriate security measures, appropriate for such particular data;


2.     collect under your liability, lawfully, fairly, and in a transparent manner, the personal data provided by us, for the performance of the Services, and in particular, to ensure the lawfulness of processing and the information due to data subjects;

3.     maintain a record of processing activities carried out and, more generally, comply with the principles of the Applicable Regulation;

4.     ensure, before and throughout the processing, compliance with the obligations set out in the Applicable Regulation.

 

 

1.     Confidentiality

 

Unless the other party agrees in writing, We undertake respectively to keep confidential, for the duration of our contractual relationship and 3 years thereafter, all information relating to or held by the other party of which We become aware on the occasion of the conclusion and performance of our contractual relationship.

 

This obligation does not extend to information:

 

-      of which the receiving party was already aware,

-      already public at the time of their communication or which would become public without violation of this clause,

-      which have been lawfully received from a third party,

-      whose communication would be required by the judicial authorities, in application of laws and regulations, or in order to establish the rights of a party in the context of our contractual relationship.

 

Confidential information may be passed on to our respective employees, collaborators, trainees, agents and contractors, on condition that they are subject to the same obligation of confidentiality.

 

17.  Force majeure

 

We shall not be liable for any failure or delay in the performance of our respective contractual obligations due to force majeure occurring during our relationship. Force majeure includes:

 

-         any case meeting the conditions of Article 1218 of the French Civil Code and recognized by case law

-         strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters, or failure of a third-party telecommunications provider

 

If one of us is prevented from performing its obligations due to force majeure, it must inform the other party by registered letter with acknowledgment of receipt. The obligations shall be suspended upon receipt of the letter and shall be resumed within a reasonable period of time after the force majeure has ceased.

 

We shall nevertheless remain liable for the performance of our respective obligations that are not affected by force majeure and for any payment obligations.

 

18.  Termination of Services

 

You can unsubscribe from our Services by sending us a request to the contact details listed in the "Company identification" section or through your Account.


The termination shall be effective within 30 days of the request.

 

You no longer have access to your Account once the Services have ended.

 

19.  Penalty in case of breach

 

The obligations set out in the article " Your obligations and your responsibility " are essential obligations.

 

In the event of a breach of these obligations, We may:

 

-         suspend or terminate your access to the Services,

-         publish on the Site any information message that We deem useful,

-         send You a registered letter with acknowledgment of receipt to

o      terminate our contractual relationship, the termination taking effect on the day of receipt or first presentation of this letter

o      or to ask You to remedy the breach within a maximum of 15 calendar days. Termination will take effect at the end of this period if the breach is not remedied. Termination will result in the deletion of your Account,

-         notify and cooperate with any competent authority and provide it with any information relevant to the investigation and prosecution of illegal or unlawful activities,

-         initiate any legal action.

 

These sanctions are without prejudice to any damages We may claim from You.

20.  Modifications of our Terms and Conditions.

 

We may change our Terms and Conditions at any time and will notify you in writing (including by email) at least 15 calendar days before they come into effect.

 

If You do not agree to these changes, You must unsubscribe from the Services in the manner set out in the section "Termination of the Services".

 

If You use our Services after our amended Terms and Conditions come into effect, We will assume that You have accepted them.

 

21.  Language

 

The English language shall prevail in the event of any inconsistency or dispute as to the meaning of any term or provision.

 

22.  Mediation

 

In the event of a dispute with us, You can have free recourse to the following consumer for an amicable settlement:

 

Centre de médiation de la consommation de conciliateurs de justice (CM2C) Postal address: 14 rue Saint Jean 75017 Paris

Phone: 06 09 20 48 86

Site: https://www.cm2c.net


If You are a foreign consumer but located in the European Union, You can go to the European Consumer Law Dispute Resolution Site here.

 

 

23.  Applicable law and jurisdiction

 

Our Terms and Conditions are governed by French law.

 

If You are a professional, in the event of a dispute between us, and in the absence of an amicable settlement within 2 months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), unless otherwise provided for by mandatory provisions.


Appendix – Personal Data

 

 

1.     Description of the processing of personal data that We carried out on your behalf

 

Purpose(s) of the processing

Provision of the Services

Nature of the processing

Provide a variety of artificial intelligence services. For example emotion recognition, background removal of images…

Categories of personal data

Email, First name, Last name,

Categories of data subjects

 

Duration of the processing

Duration of the present agreement (the Terms and Conditions)

 

2.     List of the Sub-Processor(s) authorized

 

Sub-Processor(s) authorized

Processing activities sub-processed

Localization of the processing

Appropriate safeguards implemented in case of transfer of personal data outside the EU

AWS Cognito

Customer identity and access management

Oregon, USA

Migration to an EU instance is ongoing

AWS Cloudwatch

Service to observe and monitor AWS resources and applications

Oregon, USA

The usage of this service will be stopped soon

AWS S3

Object storage

 

Oregon, USA

The usage of this service will be stopped soon

OVH Instances

Cloud Infrastructure Services

Gravelines, France, Europe

 

OVH Object Storage

Object storage

Gravelines, France, Europe

 

Google Cloud Platform

Customer identity and access management

Europe

 

OpenAI

Cloud Infrastructure Services

Oregon, USA

 

NlpCloud

AI services

Europe

 

Genderize

AI services

Europe

 

Nationalize

AI services

Europe

 

Agify

AI services

Europe

 

Deepl

AI services

Finland, Europe

 

Bodyguard

AI services

Europe

 

 

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