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Terms of Use Last updated August 7, 2024

The purpose of these terms of use (hereinafter the “TOU“) is to define the terms and conditions of access and use of the UNCOVAI platform as well as the rights and obligations of Users in this context. 

  1. DEFINITIONS  

In the TOUs, the terms identified below by a capital letter have the following meaning, whether they are used in the singular or plural:

(i) Account : refers to the User’s personal space on the Platform; 

(ii) Client : refers to any professional registered in the Trade and Companies Register or any equivalent commercial register, client of the Publisher, who has subscribed to a Subscription to the Platform in accordance with the contract linking him to the Publisher; 

(iii) Data : refers to all information and data, including personal data, uploaded, collected, generated and/or otherwise processed by the User on the Platform; 

(vii) Platform : refers to the platform published by Publisher to assist in assessing whether texts or images have been generated through artificial intelligence, made available via the Internet on the https://uncovai.com/ website or though an API;

(viii) Publisher : refers to UNCOVAI, a French simplified joint stock company with a single shareholder, having its registered office at 18 rue des combattants en Afrique du nord, 06000 NICE, registered in the Trade and Companies Register of Nice under the number 984 824 235 ;

(ix) Subscription : means the contractual arrangement allowing the Client’s Users to access the Platform as subscribed to by the Client under the terms and conditions defined in the contract signed with the Publisher;

(x) User : refers to the natural person, who accesses the Platform, where applicable in accordance with the contract between the Client and the Publisher, whether this person is an employee of the Client or a service provider authorized by the Client to access and use the Platform.

  1. AGREEMENT TO TERMS

The Platform is intended for Users who are at least 18 years old. Users under the age of 18 are not permitted to use the Platform.

The TOU are made available to the User on the Platform, where they can be consulted directly, and can also be sent to the User on request by e-mail. 

As these TOU may be subject to subsequent amendment from time to time, the applicable version is that which is available on the Platform at the date of use of the Platform. Access to and use of the Platform shall be subject to the TOU in force at the time of such access and use.

The TOU govern User’s access to and use of the Platform. Access to and use of the Platform are subject to acceptance of and compliance with these TOU by the User, whatever the purpose of their visit. By visiting this Platform, using it and/or creating an Account on the Platform, the User will be presumed to have read these TOU, to have fully understood them and to fully accepted all their provisions without restriction or reservation. If the User does not agree with the TOU, they must stop using the Platform. 

Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. Publisher reserves the right to modify and/or update the TOU at any time and without notice. 

In the event that one of the clauses of the TOU is invalid due to a change in legislation or regulations or is declared as such by a final court decision, this shall in no way affect the validity of and compliance with the other clauses of the TOU.

  1. DESCRIPTION OF THE PLATFORM

The Platform gives access to a lightweight, environmentally-friendly solution intended to assist in the detection of content generated through artificial intelligence based on mathematical hypothesises. It is accessible via the internet at https://uncovai.com/ (or any other URL that may be substituted for it), browser extensions or through an API. 

  1.  USER REGISTRATION

After a certain number of requests, continued access to the Platform may require User to register an Account with the Platform. To do this, the User must have a valid e-mail address.  

Publisher reserves the right to remove, reclaim, or change a username selected by a User if it determines, in its sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

User agrees to keep their login credentials (username and password) secure, personal and confidential and undertakes not to disclose them to third parties for any reason, in any way or in any form whatsoever. User also undertakes to ensure that at the end of each usage session on the Platform, he/she logs off correctly. 

User agrees to provide and maintain accurate, up-to-date and complete information about them. Publisher shall not be held liable under any circumstances for any delay or inability to access the Platform due to erroneous or incomplete information regarding the User. 

In the event that their authentication details are lost, forgotten or stolen, User must change their password as soon as possible by clicking on the “Forgotten password” button located under the login form. User is then requested to create a new password.

Under no circumstances shall Publisher be liable for the loss, theft or forgotten login credentials of the User or for their fraudulent use. User is solely responsible for the access and use of the Platform with their login credentials.

  1. USER REPRESENTATIONS

By using the Platform, User represents and warrants that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use ; (4) you are not a minor in the jurisdiction in which you reside ; (5) you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Platform for any illegal or unauthorized purpose; and (7) your use of the Platform will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

  1. PLATFORM USE 

(i) Equipment 

Access to the Platform requires that User has the most current computer equipment, a broadband internet connection and, for access via a computer, a web browser in its latest version at the time of connection. 

All costs relating to access to and use of the Platform, whether hardware, software or internet access costs, are exclusively at the expense of the User or, where applicable, the Client. The User is solely responsible for the proper functioning and security of his/her computer equipment and Internet access. 

In order to supply the Platform with Data, the User must send the Data via the Platform or the provided API interface, following Publisher’s recommendations and the API technical documentation, provided by the Publisher and/or available on the Platform.

(ii) Proper use of the Platform

    User undertakes to use the Platform in accordance with the TOU, and in compliance with the laws and regulations applicable in its jurisdiction.

    User must have all the skills, knowledge and expertise necessary to use the Platform correctly, to process the Data, to interpret and to analyse the results, and to make any decisions based thereon, with all the professional judgement, diligence and care required.

    In the case of access via API, Publisher shall provide Client with an API to allow the link between the Client’s information system and the Platform. By implementing this API, User authorizes Publisher to access Client’s information system.  

    (iii) Prohibited behaviour 

      It is strictly prohibited to use the Platform for the following purposes:

      • Accessing the Plateform by any method other than that provided for in the TOU and the available instructions; 
      • Performing discriminatory or fraudulent actions or actions that infringe the rights or safety of third parties;
      • Undermining public order or violating applicable laws and regulations;
      • Tricking, defrauding, or misleading third parties;
      • Using any information obtained from the Platform in order to harass or abuse any third party;
      • Any commercial endeavors except those that are previously and specifically endorsed or approved by Publisher;
      • Uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan horses, or other material, including continuous upload of repetitive Data, impairing, disrupting, altering, or interfering with the use, features, functions, operation, or maintenance of the Platform;
      • Systematically retrieving data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory except those that are previously and specifically endorsed or approved by Publisher;
      • Engaging in any automated use of the Platform, or using any data mining, robots, or similar data gathering and extraction tools;
      • Attempting to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform;
      • Engaging in unauthorized framing of or linking to the Platform;
      • And more generally, any practice that misuses the Platform for purposes other than those for which it was designed.

      Publisher may suspend or terminate the User’s access to the Platform in the event of non-compliance with this article, without prejudice to any damages that the Publisher may seek.

      1. WARRANTY

      Publisher warrants that the Platform it provides complies with the state of the art and applicable French laws and regulations, that it does not infringe any third party rights, including intellectual property rights. Publisher guarantees that it has all the legal and administrative authorizations for the implementation of the Platform.

      Publisher does not guarantee the accuracy, completeness, timeliness or other quality of the Data integrated and processed by the User on the Platform. User shall ensure that such Data is free from viruses or any other component that may cause damage to the Platform. User acknowledges that the lack of security, integrity and/or quality of the Data is likely to seriously harm the interests of the Publisher. User (or the Client who employs the User) warrants the Publisher in this respect and shall indemnify the Publisher for any damage that may be suffered by the Publisher and/or the Platform as a result, without prejudice to the application of the provisions of Article 12 below.

      Publisher does not guarantee the analysis, reports, Data and other elements generated by the use of the Platform. In particular, User is informed that pictures taken with smartphones or other tools using artificial intelligence processing may be assessed by the Platform as likely generated by artificial intelligence.

      Publisher makes no other warranties, express or implied, including, but not limited to, warranties as to the continuity, performance and/or durability of the Platform and/or the fitness for a particular purpose or the suitability of the Platform for the User’s needs, nor does it warrant that it is free from defects, errors or bugs or that it will operate without failure or interruption.

      Access to the Platform implies knowledge and acceptance of the characteristics and limits of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain Data against possible misappropriation and the risks of contamination by any viruses circulating on the network. Publisher does not guarantee that the Platform or its servers will at all times be free of viruses, worms, Trojan horses or any other component likely to cause damage. It is up to the User and/or the Client to take all appropriate measures to protect their own hardware, data, and/or software stored on their computer equipment against any attack.

      1. LIMITATIONS OF LIABILITY

      By express agreement and subject to the provisions hereof, the Publisher is subject to a best-efforts obligation in the provision of the Platform to Users. 

      The User is solely responsible for the proper and reasonable use of the Platform and the Data they integrate into it. 

      User is responsible for any damage to their computer system, the Platform and/or its contents. In this respect, the User (or the Client who employs them) is responsible for the implementation of anti-virus and other security measures for his computer system.

      User, or the Client who employs them is solely responsible for the analysis and interpretation that they may make of the information, reports, Data and other elements available and/or generated by the use of the Platform, and for the decisions that they may make on the basis of these. Publisher shall not be held liable in this respect, on any grounds whatsoever. 

      Publisher is only liable for direct damages that could be caused to the User due to the poor execution and/or non-execution of the obligations incumbent upon it under the TOU. 

      Under no circumstances shall the Publisher be held liable for any indirect damage of any nature whatsoever suffered by the User (or the Client who employs him), including but not limited to loss of profit, loss of earnings, loss of clientele, loss of data, any commercial disturbance whatsoever, or damage to image, in connection with or arising from the use of the Platform. 

      IN NO EVENT WILL PUBLISHER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF CLIENTELE, LOSS OF DATA, ANY COMMERCIAL DISTURBANCE WHATSHOEVER, DAMAGE TO IMAGE OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF THE PLATFORM. 

      User acknowledges that the Publisher remains free to correct and/or modify the Platform at any time and without notice, without this correction and/or modification giving rise to any right of recourse on its part. However, Publisher has no obligation to update any information on the Platform. 

      Publisher shall not be held liable, in general, in all cases where the non-performance or poor performance of the TOUs is the result of a case of force majeure or fortuitous event beyond its control.

      1. INTELLECTUAL PROPERTY RIGHTS

      Unless otherwise indicated, the Platform and all the contents present on the Platform provided by the Publisher, notably all source code, databases, functionality, software, webPlatform designs, audio, video, text, photographs, and graphics on the Platform , as well as the trademarks contained therein (hereinafter, the “Content”) are protected by intellectual property rights (such as, in particular, all author’s rights, patent rights, trademark rights, database producers’ rights, and any other existing or future intellectual property rights, both French and international) and belong to the Publisher or to third parties having authorized the Publisher to use them. 

      The use of the Platform does not in any way grant the User a right of ownership and/or an intellectual property right over the Content, with the exception of a personal right of access, non-exclusive and limited solely to the use of the Platform in accordance with its purpose and in compliance with the TOU.

      User is prohibited from presenting, reproducing and/or exploiting the Content, in whole or in part, in any form and by any means whatsoever, without the prior written consent of the Publisher. User undertakes not to copy, reproduce, modify, assemble, aggregate, decompile, alter, sell, rent, lend, broadcast, distribute, license or transfer all or part of the Platform, create derivative works from the Platform, or authorise a third party to commit such acts, without the prior written consent of the Publisher.

      Failure to comply with the provisions of this article constitutes a violation of the intellectual property rights of the Publisher and/or third party licensors and may result in civil and criminal proceedings.

      1. PERSONAL DATA PROTECTION

      Publisher is committed to the protection of Users’ personal data and undertakes to protect them in accordance with the applicable regulations, in particular Regulation (EU) No. 2016/679 of 27 April 2016, known as the “General Data Protection Regulation” or “GDPR”, and French Law No. 78-17 of 6 January 1978, as amended, known as the “Data Protection Act”. To learn more about the rules of personal data protection, the User is advised to consult the privacy policy of the Publisher, available at the following address: https://uncovai.com/privacy-policy/. By using the Platform, User agrees to the Privacy Policy, which is incorporated into these TOUs. 

      1. TERM AND TERMINATION

      The TOU are applicable to the entire duration of the use of the Platform by the User.

      In case of use of the Platform by the User that is not in compliance with the TOU, in case of breach of the TOU by the User, or more generally in case of violation of applicable laws and regulations, the Publisher may suspend and/or terminate ipso facto, without prior notice or compensation, all or part of the User’s access to the Platform. Publisher may decide to suspend and/or terminate the User’s access to the Platform without prejudice to any other rights, actions and remedies that the Publisher may have for the compensation of the damage that it may have suffered as a result of these breaches. 

      If applicable, the TOU will be ipso facto terminated if the Client is subject to a judicial liquidation procedure, except for the right of the judicial liquidator to demand the transfer of the current contracts.

      If applicable, upon termination of the TOU for any reason, the User’s Account will be immediately and automatically deactivated. 

      If applicable, with the Client’s consent, the User will be advised, during the notice period following the notification of termination, to export the Data directly from the Platform, following the procedure provided for this purpose. Upon express request from the Client notified within ten (10) working days following the end or termination of the TOU, the Publisher shall return to the User within a reasonable period of time all the Data in a format readable by the current market software. The transfer of the Data is done at the sole risk of the User. In no case the Publisher shall be liable in this respect, nor in case of difficulty of the User to re-use the Data thus transferred.

      The User’s rights on their personal data as well as the archiving conditions of the User’s personal data at the end of the TOUs are provided in the Publisher’s privacy policy.

      1. GOVERNING LAW

      These TOU are executed and interpreted in accordance with the laws of France, to the exclusion of any other legislation, without regard to its conflict of law principles.

      1. DISPUTE RESOLUTION

      THE PARTIES DECLARE THEIR INTENTION TO SEEK AN AMICABLE SOLUTION TO ANY DIFFICULTY THAT MAY ARISE CONCERNING THE VALIDITY, INTERPRETATION OR EXECUTION OF THIS CONTRACT, AND TO ATTEMPT TO NEGOCIATE ANY DISPUTE FOR AT LEAST THIRTY (30) DAYS BEFORE INITIATING LEGAL PROCEEDINGS. 

      IN THE EVENT OF PERSISTENT DISAGREEMENT, THE DISPUTE WILL BE SUBMITTED TO THE JURISDICTION OF THE COMMERCIAL COURT OF NICE, NOTWITHSTANDING ANY RECOURSE IN WARRANTY OR PLURALITY OF DEFENDANTS.