Terms of Use (Platform)

March 2024

LEGAL NOTICE
Lampi.ai is a service developed by Lampi AI SAS, a French simplified joint stock company, registered with the trade and companies register of Paris under number 978 788 347, with registered offices located at 66 Avenue des Champs Elysées 75008 Paris. The director of publication is M.Guillaume Couturas. Contact : [e-mail]

1. Definitions

Where drafted in upper case, whether written in singular or plural, the following definitions are applicable to the entire Terms.

Account	refers to a User’s dedicated and individualized digital interface on the Platform and granting access to the Services.
Administrator	refers to a Customer designated End User who administers Customer’s Account and has access to permissions and other settings.
Artificial Intelligence	refers to a system that is designed to operate with a certain level of autonomy and that, based on machine and/or human-provided data and inputs, infers how to achieve a given set of human-defined objectives using machine learning and/or logic- and knowledge-based approaches, and produces system-generated outputs.
Chatbot	refers to the software developed by Lampi that specializes in natural language dialogue with a human, which is capable of answering questions, triggering the execution of tasks, or generating content.
Customer	refers to a Company or organization that has entered into a Main Services Agreement with Lampi for the uses of the Platform and Services.
Customer Content	refers to any data, resources, or content used within the Platform by the Customer or End User. User Content may be textual, audio, or visual that End Users provide, submit, upload, publish, or make otherwise available to the Services.
Documentation	refers to refers to all material and digital documentation and user manuals related to the Platform and the Services, available at https://help.lampi.ai, or otherwise provided by Lampi.
End User(s)	refers to all persons using the Platform or the Website.
Parties	refers to the End Users and Lampi.
Lampi	refers to Lampi AI SAS, as identified in the front page of the document.
Main Services Agreement	refers to the agreement concluded with Lampi and the Customer that permitted End users to create an account. The Main Services Agreement contains Lampi’s commitment to deliver the Services to Customer, and Customer’s obligations when using the Services.
Outputs	refers to data generated by a machine learning model based upon the Customer Content, that are returned to Customer or End User through the Platform or the Chatbot.
Platform	refers to the website https://www.chat.lampi.ai/, including all its subdomains.
Privacy Policy	refers to Lampi’s privacy policy.
Services	refers to the Lampi’s products and services, including the products and services ordered by Customer, or otherwise provided by Lampi and used by Customer under the Main Services Agreement or End User under these Terms, including those products and services described in the Product Terms.
Terms	refers to these terms of use.
Third-Party Service	refers to any service offered on the Platform or the Website by a third-party e.g. storage or payment services.
Website	refers to the website https://www.lampi.ai, including all its subdomains.

2. Purpose

The purpose of the Terms is to define the conditions under which the Services are provided by Lampi to End Users.

3. Acceptance and amendment

Acceptance. In order to be able to use the Services, End Users agree to fully and unconditionally accept these Terms by ticking the relevant case on the Platform or by otherwise accessing or using the Services, including the Lampi’s Privacy Policy. The Terms are accessible at any time on the Platform and End Users should read these Terms carefully before accepting them.

Amendment of the Terms and evolution of the Services. In order to improve their features and quality, Lampi may regularly modify the Platform and the Services. In particular, Lampi may add, remove or replace certain functions at any time. Therefore, Lampi may modify the Terms from time to time. End Users will be informed of changes fifteen (15) days before the new version comes into force.

4. Access to the Platform

Customer’s account. If you sign up for an account with an email address provisioned by a Customer, you are an authorized End User and you must use the Services in compliance with the Terms. The Customer has separately agreed to a Main Services Agreement or entered into a written agreement with Lampi that permitted End Users to create an account.

Relationship between Lampi, Customer, and User. As between Lampi and Customer, it is solely Customer’s responsibility to (i) inform user of any obligations or restrictions required to use the Services, (ii) obtain any rights, permissions, or consents from user that are necessary for the lawful use of Customer’s Materials and the operation of the Services, (iii) ensure that the transfer and processing of Customer Content under the Main Services Agreement is lawful, and (iv) respond to and resolve any dispute with any user relating to the Services, Customer Content, or Customer’s failure to fulfill these obligations.

User Account and Registration. To access the Platform, End Users must first register on the Platform and create an Account. When you register for an account, you may be required to provide us with some personal information (as described in our Privacy Policy, such as your name, email address, or other contact information), and you agree to provide true, accurate, current, and complete information when requested by Lampi. End Users must provide all information required by Lampi to use the Services. Any incomplete registration will not be validated. Lampi reserves the right to verify the information provided and to refuse any invalid and/or incomplete registration request. Any natural person who accepts the Terms in the name and on behalf of a Customer acknowledges that he/she is authorized to do so. The Customer may in no case be released from its obligations on the grounds that the natural person did not have the authority to commit himself/herself.

Security. When you register, you will be asked to provide a password, and you are solely responsible for maintaining the confidentiality of your account and password. You agree and acknowledge that you are solely responsible and liable for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [e-mail].

Management of your Account. As you access the Services with the account of a Customer, such as your employer or other company with which you are associated, your account can be managed by an account administrator on behalf of that Customer. The administrator will have the ability to access, monitor, use, modify, withhold, or disclose any data associated and to control end User access to and use of the Services.

Access Restrictions. From time to time, Lampi may restrict access to all or any part of the Services to particular categories of End Users.

5. Use of Services

During the Terms, Lampi grants to End Users a limited, non-exclusive, non-transferable, revocable right to use the Platform and the Services, not specifically governed by additional terms and for purposes authorized by Customer. Nothing in these Terms will be construed to grant you any right to transfer or assign rights to use the Services. The scope and the features of the right to use the Platform and Services will depend on the Main Services Agreement.

6. Commitments

Lampi’s commitments. Lampi’s commitments are mentioned in the Main Services Agreement.

User’s commitments. End Users agree and guarantee:

• to comply with the laws and regulations in force in the country in which they are located;

• to refrain from all kind of fraudulent activities;

• that they are of legal age or have obtain a legal representative authorisation and supervision and have the capacity to enter into an agreement with Lampi and as the case may be with other End Users, in accordance with the laws of the country in which they are located;

• that they possess or have been granted permission to utilize all the User Data which facilitates the provision of the Services,

• that the data, resources, or content used within the Platform do not infringe, misappropriate, or otherwise violate any third-party Intellectual Property Rights or breach any applicable laws,

• to provide information that is truthful, accurate and free from error when interacting in and with the Platform and the Services, to keep this information up-to-date throughout their time using the Platform and the Services and to publish content that meets these same requirements;

• to use the Platform and the Services in accordance with its intended purpose and objective.

End Users understand and accept that the following acts are strictly prohibited:

• any behavior that disrupts, suspends, slows or prevents the continuity of the Platform and Services;

• any intrusion or attempted intrusion into Lampi's information systems or infringement of the security and authentication measures;

• any attempt to create, train, develop, or improve similar or competitive products or services;

• any use of the Services for benchmarking or competitive analysis of Lampi;

• any act infringing Lampi's rights and financial interests, whether commercial or legal;

• any copying and/or misappropriation of the Platform and more generally any misuse of the Platform;

• any act of selling, reselling, licensing, renting, leasing, or distributing the Output to an unaffiliated third party (who is not a customer, partner, licensee, or end-user of Customer) or otherwise use the Outputs for the benefit of an unaffiliated third party;

• any act of submitting or distributing viruses, worms, Trojan horses, corrupted files or other destructive content;

• any use of robot, spider, scraper, or other unauthorized automated means to access the Services;

• any act of finding security vulnerabilities to exploit the Services; and

• any denial of service (DoS) attack on the Services or any other conduct that attempts to disrupt, disable, or overload the Services, such as submitting excessively frequent requests;

• any infringement of Lampi’s intellectual property rights.

7. Suggestions

You may submit to Lampi feedback, ideas, or suggestions regarding Lampi’s Services or new products and services by sending an email at [e-mail]. Lampi may, but has no obligation to, in its discretion and for any purpose (i) use, modify, and incorporate into Lampi’s products and services and (ii) license, sublicense, or distribute the suggestions without obligation or compensation to you. Do not submit any suggestions that are confidential or that are owned by any third party in any form to Lampi.

8. Confidential Information

Lampi may disclose business or technical information to you under this Agreement which is confidential (“Confidential Information”). You will use reasonable care (i) to only use the Confidential Information in relation to the permitted purpose under these Terms, and (ii) except as permitted by Lampi, not disclose the Confidential Information to any third party except Customer. Confidential Information will not include any information that (i) is or becomes public through no fault of End User, (ii) was known to End User prior to receipt, provided that User did not learn of the Confidential Information in violation of an obligation of confidentiality, (iii) is obtained by User from a third party not under an obligation of confidentiality, and (iv) is independently developed by end User without use of the Confidential Information and separate to and independent of any use of the Services.

9. Third-Party Services

Lampi may provide information about or access to Third-Party Services, or you may use Third-Party Services with the Services, but (i) Lampi does not endorse or make any representations or warranties about Third-Party Services, and (ii) use of Third-Party Services is at your own risk. Third-Party Services may be subject to separate license agreements or restrictions on use, which are provided in the Documentation to the extent required,, and you agree to comply with all such third-party restrictions.

10. Liability

General. End Users expressly understand and agree that access to the Platform and the use of the Services is at the User's own risk, and that the Services and the Platform are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, except as otherwise provided by law. To the fullest extent permitted by law, Lampi does not represent or warrant that: (i) access to or use of the Services or the Platform will be uninterrupted, timely, secure or error-free; (ii) Outputs provided by the Services or on the Platform will always be accurate.

Artificial Intelligence. End Users acknowledge that the Services are based on Artificial Intelligence, a technology that is constantly evolving and that the responses generated might not be entirely accurate. Results and outcomes generated by machine learning algorithms and artificial intelligence are probabilistic and End Users should evaluate such results and outcomes for accuracy as appropriate for End Users’ use case, including by employing human review. End Users are solely responsible, and Lampi will have no liability, for all decisions made, advice given, actions taken, and failures to take action based on End Users’ use of the Services or Output..

Lampi's liability. To the fullest extent permitted by law, and unless otherwise provided by law, the aggregate liability of Lampi to you for all claims arising out of or relating the the use of the Platform of the Services, or otherwise under these Terms, is limited to where Lampi’s liability may be established by End Users. To the fullest extent permitted by law, Lampi’s liability is limited to €200. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Limitation on Lampi’s indirect liability. In any case, Lampi will not be held liable for any other damages and losses suffered by the End User, in particular indirect damages (including but not limited to, earning or profit losses, commercial damages, the consequences of complaints, actions, claims of third parties against the User) even where Lampi has been informed of their occurrence. In particular, unless otherwise provided by law or regulation, Lampi shall not be held liable for:

• breakdowns or malfunctions of the Services lasting less than 24 hours or that are not the responsibility of Lampi;

• loss of data due to misuse of the Services;

• an unusual or illegal use of the Services offered by a third party or by a User;

• harmful or unintended consequences of the operation of Third-Party Services;

• indirect damage resulting from the use of the Services or the Platform;

• a malfunction or cyberattack;

• the harmful consequences of the suspension of an Account;

• any case of force majeure, within the meaning of Article 1218 of the French civil code.

End Users understand and acknowledge that they bear responsibility for their End User Content. End Users assume full liability for such content, including its legality, reliability, accuracy, and appropriateness. We do not endorse or take responsibility for any End User Content, and to avoid ambiguity, we explicitly disclaim any liability associated therewith.

End User’s liability. The End User guarantees Lampi against any complaints, claims, actions and/or demands that Lampi may suffer as a result of the End User's breach of any of his/her obligations under these Terms. The End User undertakes to indemnify Lampi for any damage suffered as a result of such a breach.

11. End User Warranty

You may be permitted to submit, upload, publish, connect or otherwise make available to Customer and other users, through the Services Customer Content. You represent and warrant that: (i) you have the necessary rights, licenses, and permissions for all Customer Content, and any other data you might submit; and (b) neither Customer Content, nor your submission, uploading, publishing or otherwise making available of any other data will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

12. Duration, suspension and termination

Duration. The Terms ends when Customer’s subscription expires or terminates, or your access to the Services or Platform is terminated as described below.

Suspension. If Customer or an End User breaches the Terms, Lampi may temporarily and without prior notice suspend access to the Platform and the Services. After an investigation period during which Lampi shall verify the truth of the alleged violations, access to the Platform and/or to the Services may be restored or the Terms may be terminated.

Termination. Without prejudice to any other action, Lampi may terminate these Terms and block the User’s access to the Platform in case of material breach of these Terms and in particular in case of a breach of the sections entitled “Commitments” and “Intellectual Property”. In addition, Lampi or Customer may, at its sole discretion, terminate these Terms or your account, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting Customer or [e-mail]. Upon termination of these Terms: (i) your rights will terminate and you must immediately cease all use of the Services, and (ii) you will no longer be authorized to access your account of the Services. In the event of a change in the applicable regulations affecting the capacity of Lampi or its employees to execute the Services the Terms will automatically be terminated. Termination of the Terms shall not result, in any event, in any compensation from Lampi to an End User.

13. Hyperlinks

The Platform may contain links or content redirecting to third-party websites or resources, which may be subject to different policies. Lampi is not responsible for the content available through such links.

14. Intellectual property

Lampi’s Intellectual property. All rights not expressly granted to you or Customer are reserved by Lampi. The Platform and all its functionalities are Lampi's sole intellectual property and are protected by all intellectual property rights in force. Any use, reproduction or representation in any form of the Platform, the Services or any of Lampi’s content, such as source code, databases, functionality, software, website designs, audio, video, text, photographs, or graphics on the Website or the Platform, without express written permission is strictly prohibited.

End Users’ Intellectual property. The Platform, through the use of the Chatbot, may invite End Users to chat or discuss and may provide them with the opportunity to create content and materials, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material. Such content is only viewable and accessible by the user in his/her own digital interface, except in the case of:

• shared spaces, where all users of the shared space can view and access the shared content;

• invite spaces; where all invited user can view and access the content.

When you submit Customer Content to Lampi to facilitate Lampi’s provision of the Services, you acknowledge and agree that the Customer Content are owned by Customer. As such, any content created by an End User and Outputs are treated as confidential and remain the sole property of the Customer, except as otherwise decided between the Customer and the End user.

15. Miscellaneous

Nullity. If any provision of the Terms is annulled by a modification of legislation, regulation or by a court decision, the rest of the Terms will not be affected.

Assignment. End Users may not assign or transfer the Terms to a third party without the prior written consent of Lampi. Any assignment attempted to be made in violation of these Terms will be null and void.

Waiver. Failure by End User or Lampi to insist upon the performance of any of the terms and conditions of these Terms shall not be construed as a waiver of such and shall in no way affect the End User or Lampi’s right to enforce such provision.

Entire Agreement. These Terms, included any terms incorporated by reference and other named agreement, contain the entire agreement between Lampi and the End User supersede all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to the purpose of these Terms. To the extent of any conflict or inconsistency between the provisions in these Terms and any policies referenced in these Terms, the terms of these Terms will first prevail; provided, however, that if there is a conflict or inconsistency between the Master Services Agreement and these Terms, the terms of the Master Services Agreement will first prevail, followed by the provisions in these Terms, and then followed by the policies referenced in these Terms (e.g., the Privacy Policy). The Customer will be responsible for notifying End Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.

Terms of Use Modifications. Lampi may revise these Terms periodically. If we make any material changes to these End User Terms, we will notify you prior to the update’s effective date (except for changes due to legal or regulatory reasons which may be effective immediately). By continuing to use the Services after the changes become effective, you are agreeing to be bound by the modified terms.

Disputes. Any dispute in relation to the use of the Platform and the Services shall be submitted to Lampi by sending an email to [e-mail].

Governing Law and Jurisdiction. The Terms are governed by and interpreted according to French laws, except French conflict-of-law rules. Unless otherwise provided by the law, any conflict or dispute related to the validity, the interpretation, performance, and/or termination of the Terms must be submitted to the exclusive jurisdiction of the Paris courts. Non-professional EU residents may submit any dispute related to the Terms in the jurisdiction where they were living at the moment of the acceptance of the Terms or in the jurisdiction where the damage occurred.

16. Contact

If you have any questions about these Terms or our Services, please contact us at [e-mail].

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