Last revised August 1, 2023
We reserve the exclusive right to modify or discontinue the Services and API, as defined below, or any functionality of the Site, at any time with or without notice.
The Site Owner itself or through its affiliates (including SendhalGPT,) will provide the Services, and you may access and use the Services, in accordance with these Terms. If you order the Services through an online registration page, order form, order form, or similarly titled document (each an "Order Form"), the Order Form may contain additional terms and information regarding the Services you are ordering.
1. SITE USERS
As a visitor or user of the Site who has not created an account ("Site User"), you may browse the public areas of the Site and access and use all publicly available content, features and functionality on the Site. However, you may not use the Services. To use the Services, you must create an account. Except as otherwise provided by the law of the State of Israel, SendhalGPT shall have no liability for the use of the Site by the User of the Site, which shall be at the User's own risk.
2. YOUR REPRESENTATIONS
By accepting these Terms, you expressly confirm that you are legally authorized and of age to accept these Terms, that you have read and understood these Terms, and that you have confirmed that your use of the Services is permitted under the laws of your country. You agree to comply with all rules and laws (local, regional, state, federal or otherwise, and in all jurisdictions that apply to you and your customers) regarding acceptable content and user conduct on the Internet. You agree to comply with all laws and regulations regarding obscene and indecent content and communications, as well as all applicable laws and regulations regarding the transmission of technical data. SendhalGPT will not be liable if your use of the Services does not comply with the laws of your country. You further represent and warrant that any information you provide to SendhalGPT in connection with your use of the Services is accurate, correct and up-to-date.
3. LICENSE TO USE SERVICES
4. REGISTRATION AND ACCOUNT
4.1 Account. To access and use the Services located on the Site, you must complete an online registration process on the Site and create an account (hereinafter, an "Account"). To create an Account, you must provide true and accurate information. If your information changes at any time, please update your Account to reflect these changes. All Accounts will be governed by these Terms between you and SendhalGPT, as well as by the account manager Auth0.com, which hosts your data in Europe. You are responsible for maintaining the confidentiality of your Account credentials (including registration details, data collected on the Site, and any other data that may be linked to your Account), and fully responsible for all activities associated with your Account.
4.2 Reporting abuse. You agree to immediately notify SendhalGPT of any unauthorized use of your Account or any other breach of security related to your Account via the technical support page at https://stendhalgpt.fr/contact SendhalGPT cannot and will not be liable for any loss or damage arising from any unauthorized use of your Account.
5. USE OF SERVICES
5.1 General use. You agree not to use the Services to: (i) upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a SendhalGPT representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; (v) upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vii) upload, post, transmit or otherwise make available any content related to the sale or provision of illegal goods or services; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any regulations having the force of law; (x) "stalk" or otherwise harass another person or entity; or (xi) collect or store personal data about other users in connection with the prohibited conduct and/or activity set forth in the preceding paragraphs.
5.2 Use of the API. If you use the API, you agree not to: (i) use the API in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services; (ii) use the API to access, copy, transfer, transcode, or re-encode SendhalGPT content in any manner that infringes SendhalGPT's intellectual property rights ; (iii) use the API to copy, store, modify, alter, prepare derivative works based on, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit SendhalGPT content; or (iv) use the API to create a product or service that competes with SendhalGPT.
6. USER CONTENT
6.1 User Responsibility. You are solely responsible for any content that you upload, post, e-mail, transmit or otherwise make available through the Services (collectively, "User Content"). SendhalGPT has no control over User Content and does not guarantee the accuracy, integrity or quality of such User Content. You understand that, by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will SendhalGPT be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available through the Services.
6.2 License to User Content. By submitting, publishing or displaying User Content on or through the Services, you grant SendhalGPT a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works, display and perform such User Content in connection with the Services and the business of SendhalGPT (and its successors and affiliates), including, without limitation, for the promotion and redistribution of all or part of the Services (and derivative works) in any form and medium whatsoever.
7.1 Termination by SendhalGPT. SendhalGPT may terminate your access to all or part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SendhalGPT account (if you have one), you may simply stop using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, provisions relating to ownership, warranty disclaimers, indemnification and limitations of liability.
7.2 Termination by the user. You may terminate your Account at any time by sending an e-mail to firstname.lastname@example.org. Please note that termination of your Account may result in the destruction of all information associated with your Account, which may be irrecoverable. Sendhal
GPT will not be held responsible for the loss of this data.
You agree to indemnify and hold SendhalGPT, its affiliates, officers, employees and agents, harmless from any claim, demand, liability, cost or expense, including reasonable attorneys' fees, resulting from your use of the Services, including, but not limited to, your violation of this Agreement, your violation of any law or the rights of a third party, or any User Content you post or share on or through the Services.
9. EXCLUSION OF WARRANTIES
9.1 Services are provided on an "as is" and "as available" basis. SendhalGPT expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
9.2 SendhalGPT does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information or other materials purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.
10. LIMITATION OF LIABILITY
10.1 You expressly understand and agree that SendhalGPT shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SendhalGPT has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the Services; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; or (v) any other matter relating to the Services.
11. GENERAL PROVISIONS
11.1 This Agreement constitutes the entire agreement between you and SendhalGPT and governs your use of the Services, superseding all prior agreements between you and SendhalGPT (including, without limitation, all prior versions of this Agreement).
11.2 This Agreement and the relationship between you and SendhalGPT shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and SendhalGPT agree to submit to the personal and exclusive jurisdiction of the courts located in Santa Clara County, California.
11.3 SendhalGPT's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
11.4 If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
11.5 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11.6 The section titles in this Agreement are for convenience only and have no legal or contractual effect.
12. QUESTIONS AND CONTACT INFORMATION
If you have any questions about this Agreement, please contact us at email@example.com.
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16. data collection
The site is exempt from declaration to the Commission Nationale Informatique et Libertés (CNIL) insofar as it does not collect any data concerning Users.