Conditions d'utilisation
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Dernière mise à jour : 1 décembre 2023
Albus Technologies Limited (“Albus” or “we” or “us”) are a company registered in England and Wales with company number 15025804.
By using, accessing or browsing the services, platform and products available at albus.org or by registering for an Albus account (“Services") you are agreeing to be bound by this document (“Terms”) for the Services provided by Albus. These Terms set out the key terms regarding your use of the Services and are a legally binding contract between you and Albus so please read them very carefully. If you do not agree with these Terms, do not register or use any of the Services.
If you are using the Services on behalf of an organisation, you are agreeing to these Terms on behalf of that organisation and confirming to Albus that you have the necessary authority to bind that organisation to these Terms (in which case, "you" and "your" will refer to that organisation) unless that organisation has a separate paid contract in effect with us, in which case the terms of that contract will govern your use of the Services.
MINIMUM AGE
You must be at least 13 years-old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services.
DEFINITIONS
“Albus Representatives” means employees, officers, agents or service providers acting on Albus’ behalf to provide the Services.
“Sub Processing Addendum” means the Albus Sub Processing Addendum from time to time and available at https://albus.org/sub-processors
“Personal Information” means information that relates to an identified or identifiable individual and further described and explained at https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/personal-information-what-is-it/what-is-personal-information-a-guide
“Privacy Policy” means the Albus privacy policy and data protection notice from time to time and available at https://albus.org/privacy
“Platform” means the tools that comprise the Services and which are available at https://albus.org
PRIVACY
Privacy when using AI is critical and something we take very seriously. In order to manage your account with us we collect certain information about you. And in order to operate and provide the Services, we collect, share and process certain information submitted by you onto the Platform and retain certain output from the Services arising out of your usage of the Platform. We use and protect that information as described in our Privacy Policy. You acknowledge your use of the Services is subject to our Privacy Policy and understand that it identifies how Albus collects, stores, and uses certain information.
You must not transmit your or any other person’s Personal Information to the Services other than for the purposes of setting up and maintaining your Albus account.
NO WARRANTY OR CONDITIONS
There are certain things that we do not promise about the Services. Other than as expressly stated, we do not make any commitments about the specific functionality available through the Services, their reliability, availability, or ability to meet your needs.
TO THE EXTENT NOT PROHIBITED BY LAW, ALBUS, THE ALBUS REPRESENTATIVES AND THEIR AFFILIATES (A) PROVIDE THE SERVICES AND THIRD PARTY-FUNCTIONALITY "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
YOUR ACCOUNT
Certain aspects of the Services may require you to obtain an account by completing a registration form and designating a user ID and password. When registering with Albus you must: (a) provide true, current and complete information about yourself on the registration form and (b) maintain such information so it continues to be true, current and complete.
You are entirely responsible for all materials and information that you upload or otherwise transmit via the Services (please also see our Acceptable Use Policy in Section 10). If your account includes an administrative console, that console may include options to configure your use of some of the features in the Platform.
Only you may use your Albus account and you are responsible for all aspects of your account. Each user must have a separate account. You may not share, loan or transfer your ID or password. If you become aware of any unauthorised use of your account with Albus, or have any questions about your account please contact us at support@albus.org
CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
By registering with Albus or signing up for Services, you understand and consent to us sending you (including but not limited to via email, SMS text messaging, and/or in-app messaging) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to these Terms and/or the Services and new features or products; (c) administrative messages and other information; and (d) advertising, marketing, and other materials regarding Albus’ products and services. Please review your settings in your account to control the messages you receive from us or you may choose to opt-out of receiving advertising and marketing materials by unsubscribing from such communication by following the instructions in the message.
CONTENT
We call all the electronic documents that you upload and information you submit through your account onto the Platform "Content". All Content uploaded or otherwise provided by you into your account is yours. We don't control, verify, or endorse the Content that you or others put on the Platform. You are responsible for: (a) all your Content, and (b) making sure that you have all the rights you need in relation to the holding, use, uploading and submission of the Content. In addition, by submitting Content to the Platform you confirm that you will not violate any law or these Terms (please also see the Acceptable Use Policy in Section 11). You agree that when you submit Content, you will be allowing our data processors to access and process your Content as set out in Sub Processing Addendum without further restriction or compensation to you.
You agree to provide Albus and Albus Representatives the right to transmit, process, use and disclose Content and other information which we/they may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise detailed in the Sub Processing Addendum, (iv) as otherwise required by law, regulation or order, and/or (v) to respond to an emergency.
COPYRIGHT COMPLAINTS AND REMOVAL POLICY
Albus respects the intellectual property of others and will respond to notices of alleged copyright infringement that comply with the law. We reserve the right to delete, block or disable Content alleged to violate copyright laws or these Terms and reserve the right to terminate the account(s) of violators.
CONFIDENTIAL INFORMATION
We agree that your credit card/banking information contained in your account is confidential to you.
CONTENT STORAGE
The Services are provided from the United States, the United Kingdom and the EEA (“Hosting Locations”). By using and accessing the Services, you understand and agree to the storage of Content and any other personal information in the Hosting Locations. However, you understand that you (or other people that you collaborate with) can access the Services (including Content) from outside of the Hosting Locations (subject to applicable law) and that nothing prohibits the processing of other information outside of the Hosting Locations. Content is processed in accordance with the Data Processing Addendum.
ACCEPTABLE USE POLICY
You must not transmit your or any other person’s Personal Information to the Services other than for the purposes of setting up and maintaining your Albus account.
You agree you will not, nor will you encourage others or assist others to, harm the Services or use the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organisation or us and/or to build a similar service or website. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorised means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Albus) to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of our fair use policy; (f) use the Services to, and/or cause Albus to, violate any law or distribute any malware or malicious Content; (g) use the Services to communicate or generate any message or material that is defamatory, harassing, libellous, threatening, or obscene; (h) use the Services in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity; (i) use the Services to disseminate or promote terrorism or terrorist activities; or (j) use the Services to disseminate material that may infringe upon legally protected social rights and freedoms of any person. As part of our efforts to protect the Services, protect our customers, or to stop you from breaching these Terms we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Services.
Furthermore, you must not use the Services to do, view or generate any of the following:
Illegal activity
Child pornography, nudity, exploitation of sexual abuse material (whether real or AI-generated) or any content that exploits or harms children
Generation or promotion of hateful, harassing, or violent content
Content that expresses, incites, or promotes hate based on race, ethnicity, religion, gender, sexual orientation, or any other protected characteristic
Content that intends to harass, threaten, or bully an individual or group of individuals
Content that promotes or glorifies violence or celebrates the suffering or humiliation of others
Generation of malware
Impersonations (including by way of audio, image or video) of any real person or falsely portrays an individual in a misleading or defamatory way
Depictions of animal cruelty or harm to animals (whether real or AI-generated), including acts of violence, abuse or torture
Explicit depictions of gore or extreme violence (whether real or AI-generated)
Content that attempts to generate code that is designed to disrupt, damage, or gain unauthorised access to a computer system
Activity that has high risk of physical harm (including weapons development, military and warfare activity or planning)
Management or operation of critical infrastructure in energy, transportation, and water
Content that promotes, encourages, or depicts (whether real or AI-generated) acts of self-harm, such as suicide, cutting, and eating disorders
Automated determinations of eligibility for any service, including credit, employment and education
Fraudulent or deceptive activity, including scams, plagiarism, academic dishonesty and fake review generation
Disinformation
Generation of spam
Adult content (whether real or AI-generated), adult industries, and dating apps, including erotic chat and pornography (whether consensual or non-consensual)
Political campaigning or lobbying
Activity that violates people’s privacy and Personal Information
Classifying individuals or groups of individuals based on race, ethnicity, religion, gender, sexual orientation, or any other protected characteristic
Unlawful collection or disclosure of Personal Information, personal identifiable information or educational, financial, or other protected records
Offering tailored legal advice without a qualified person reviewing the information
Offering tailored financial advice without a qualified person reviewing the information
Telling someone that they have or do not have a certain health condition, or providing instructions on how to cure or treat a health condition
Triaging or manage life-threatening issues that need immediate attention.
Use in government or local government or quasi-governmental organisations for the purpose of delivering their statutory services
Law enforcement and criminal justice
Migration and asylum
Content that, in the sole discretion of the Albus team, is deemed unsuitable, obscene, offensive, or contrary to community standards and user expectations
You have the sole responsibility to ensure your usage of the Services is in compliance with your own legal obligations, standards, guidelines and practices. You are solely responsible for the content you choose to transmit to the Platform and Services and any actions taken by you as a result of the AI-generated output. You should not rely entirely on AI-generated outputs of the Services without human review.
SUSPENSION AND TERMINATION OF THE SERVICE
We reserve the right to suspend or terminate your access to the Service at any time in our sole discretion or disable any Content if (a) you are in breach of these Terms; or (b) your use of the Services could cause a risk of harm or loss to Albus or our other users; (c) to continue to provide the Services to you would breach any law or regulation applicable to you or Albus; or (d) Albus declines to renew your subscription period (as further dealt with at Section 20. When reasonable and as permitted by law, Albus will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to Albus’ decision. We will not be able to provide this advance notice if you are in material breach of these Terms, or if such notice would lead to civil or criminal liability for Albus, or if providing notice would compromise our ability to provide the Services to our other users. For the avoidance of doubt, Albus may still make a determination that it does not want to continue offering you access to the Service at any time for any or no reason.
You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Services.
Upon termination you may request access to your Content held by us, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or the Acceptable Use Policy terms in Section 11. You must make such request within 14 days following termination otherwise, any Content you have stored with the Services may not be retrievable and we will have no obligation to maintain Content stored in your account after this 14 day period.
OWNERSHIP OF GENERATED CONTENT
Subject to your compliance with these Terms, you shall retain (and Albus hereby assigns to you) full ownership, copyright, and all other intellectual property rights to content generated by the Services (“Output”) to the extent such Output does not contain a third party’s intellectual property rights.
You grant Albus the right to use Content and Output solely for the purpose of providing the Services to you. You grant Albus the right to grant third parties the right to use Content and Output for the purposes to facilitating Albus’ provision of the Services, including improving the services provided by such third parties.
Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for third parties.
UPDATES TO THE SERVICE
Albus may make deployments of changes, updates or enhancements to the Services or modifications to Albus’ default settings at any time, with or without notice. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether.
ALBUS PROPRIETARY RIGHTS
All contents of the Platform and Services (other than Content that is in compliance with the remainder of these Terms) including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are “Albus Confidential Information”, belong to Albus, and/or its suppliers, affiliates, or licensors.
Albus or its licensors own and reserve all rights, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights we expressly grant to you to use the Services and Albus Confidential Information. No title to or ownership of any proprietary rights related to the Services or Albus Confidential Information is transferred to you pursuant to these Terms.
We welcome and encourage feedback about the Platform and our delivery of the Services – it helps us improve! Please note that if you provide comments, suggestions and recommendations to Albus about the Platform or Services (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to Albus.
INDEMNIFICATION
To the extent not prohibited by law, you will defend Albus against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content or information provided by you, or your use of the Services or the Third-Party Functionality: (a) infringes a registered patent, trademark, copyright, or other intellectual property right of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Albus’ actions); or (b) violates applicable law or these Terms. Albus will reasonably notify you of any such claim or demand that is subject to your indemnification obligation of which it becomes aware.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL YOU OR ALBUS, ALBUS REPRESENTATIVES’ AND ALBUS’ AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF ALBUS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF YOU OR ALBUS, ALBUS REPRESENTATIVES’ AND ALBUS’ AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES AND THE THIRD-PARTY FUNCTIONALITY, SAVE IN RESPECT OF LIABILITY ARISING UNDER SECTION 16 OF THESE TERMS, WILL BE LIMITED TO THE GREATER OF: (A) ONE AND A HALF (1.5) TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR THE SERVICES; OR (B) ONE HUNDRED US DOLLARS ($100 U.S.D.). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS AND LIMITATIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE SKILL AND CARE OR OUR BREACH OF OUR CONTRACT WITH YOU.
NOTHING IN THESE TERMS AFFECTS CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
Nothing in these Terms shall exclude or limit the liability of you or Albus, Albus Representatives’ and Albus’ affiliates, officers, employees, agents, licensors, resellers, suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded or limited by law.
The provisions of this "Limitation of Liability" section allocates the risks under these Terms between you and Albus, and you and Albus have relied on these limitations in determining whether to enter into these Terms and the pricing for the Services.
FEES
Albus offers both free and paid Services. If you choose to subscribe to a paid Service, you agree to pay the fees ("Fees") as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements). You will pay the Fees in the currency Albus quoted at the time of purchase. Albus reserves the right to change the eligible currencies at any time, except where not permitted by applicable law.
Albus reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fee(s). If you don't agree to these changes, you must stop using the Service and cancel either via the Platform or via email to support@albus.org (with cancellation confirmation from an Albus representative). If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued.
If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and term length for the next subscription period. We will charge your credit card on file with us on the first day of the renewal of the subscription period.
BILLING/PAYMENT
If you select a paid Service, you must provide us with current, complete, accurate and authorised payment method information (e.g. credit card information). You authorise us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis. To the extent Albus has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.
SUBSCRIPTION PERIOD
Albus will offer you the opportunity to take a subscription plans and billing options (please note that there might be only one of these options available to you when signing-up):
A monthly subscription plan ("Monthly Subscription Plan"). The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew unless you cancel your Monthly Subscription Plan at least one (1) business days prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel.
An annual subscription plan ("Annual Subscription Plan"). The subscription period for the Annual Subscription Plan will be for one year and will automatically renew for additional periods equal to one (1) year each year on the anniversary unless you cancel at least one (1) business days prior to your renewal date. You will be billed annually on or about the same day each year until such time that you cancel. If you sign up to an Annual Subscription Plan you are committing to a one-year plan so, if you are not certain, we recommend choosing the Monthly Subscription Plan.
If you select the Monthly Subscription Plan, you can switch to the Annual Subscription Plan at any time. If you select the Annual Subscription Plan, you may not change to the Monthly Subscription Plan until the end of the one-year term of your Annual Subscription Plan.
Unless otherwise specified, any add-on credits you have purchased will not expire and will be available for as long your Albus account remains open. If your Albus account is cancelled for any reason (including at the end of a subscription plan or trial period that is not renewed) no refunds for previously purchased add-on credits will be issued.
TRIALS
You may be offered an opportunity to sign-up for a trial for some or all of the Services and your trial period starts on the day you create the trial account and lasts for the number of days specified in your invitation to sign-up for the trial. If you are on a trial, you may cancel at any time until the last day of your trial. If you do not wish to incur charges, you must cancel the account by the end of the trial.
If you do not cancel your account and we have told you the account will be converted to a paid subscription at the end of the trial period, then you authorise us to charge the payment card or payment method that you provided details of when you signed-up for the specific Services you were trialling. You may, however, cancel your subscription before the next billing cycle in accordance with these Terms, but no credits or refunds will be available.
SEVERABILITY / ENTIRE AGREEMENT
These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Services.
ASSIGNMENT AND TRANSFER
We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service, unless we provide written consent for you to do so.
INDEPENDENT CONTRACTORS
We and you are not legal partners or agents. Our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.
WAIVER
The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect, unless expressly waived in writing.
MOBILE DEVICES
The Services are accessible on mobile devices. You must not use the Services in a way that distracts you or any other person and prevents you or another person from obeying traffic or safety laws, or that may put the physical safety of you, them or any others in danger.
DISPUTE RESOLUTION AND GOVERNING LAW
You must comply with all domestic and international export laws and regulations that apply to your use of the Services. These laws include restrictions on destinations, end users, and end use.
To the extent permitted by law, you agree that the Terms, and your relationship with Albus, shall be governed by the laws of the England and Wales. We both agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. We both agree that all claims can only be litigated in London, England and we each agree to the exclusive jurisdiction of the courts located within London, England. However, you agree that Albus can apply for injunctive remedies in any jurisdiction.
Albus and you both agree that the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code, the Uniform Computer Information Transactions Act, and any law effectuating these conventions do not apply to these Terms.
YOU AND ALBUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
CHANGES TO THESE TERMS
We reserve the right to modify these Terms. We will post the most current version of these Terms at https://albus.org/terms (the "Site"). If we make material changes to these Terms, we will notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account via the Platform or by emailing privacy@albus.org. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.
