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Version: 9 November 2023
We are Sokrates Technologies operating under the name Sokrateque ("Company," "we," "us", "our"), a company organized under the laws of the Netherlands, which registered office is in (1018VK) Amsterdam, the Netherlands, at Nieuwe Kerkstraat 441 and which is registered in the Business Register (Handels register)at the Netherlands Chamber of Commerce (KVK) under number 85553328. Our VAT number is 181683556B03.
We operate the website www.sokrateque.ai (the "Site"),as well as any other related products and services that refer or link to these terms of service (the "Terms of Service") (collectively: the "Services").
We offer a service which allows you to ask all your organisation’s knowledge questions, and quickly get multiple AI-powered answers back, extracted from your internal documents, your content subscriptions or the Internet.
You can contact us by email at ask@sokrateque.ai.
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and us, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by these Terms of Service. If you do not agree with these terms of service, then you are expressly prohibited from using the services and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by publishing the "Last updated" version of these Terms of Service. Not withstanding therefore going, it is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Services after the date such revised Terms of Service are posted.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to you using the Services.
We recommend that you print a copy of these Terms of Service for your records.
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS & LICENSE
We are the sole owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively: the "Tool Content"), as well as the trademarks and logos contained therein (the "Marks").
Our Tool Content and Marks are protected by copyright, design laws and trademark laws (and other intellectual property rights) as well as unfair competition laws and treaties in the European Union and around the world.
Subject to your compliance with these Terms of Service we grant you a non-exclusive, non-transferable, revocable license to:
·access the Services; and
·download or print a copy of any portion of the Tool Content to which you have properly gained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or else wherein our Terms of Service, no part of the Services and no Tool Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Tool Content, or Marks other than as set out in this section or elsewhere in our Terms of Service, please address your request to: ask@sokrateque.ai.
We reserve all rights not expressly granted to you in and to the Services, Tool Content, and Marks.
Any breach of our intellectual property rightswill also constitute a material breach of our Terms of Service and gives us theright to terminate our agreement with you to use our Services with immediateeffect without the need to pay you any form of compensation or remuneration.
3. USER ACCOUNT
In order to access our Services, you may berequired to provide certain personal information (such as identification,contact details, etc.) as part of the registration process, or as part of theability to use the Services. You agree that any information you provide willalways be accurate, correct, and up to date.
You are responsible for maintaining theconfidentiality of any login information associated with any account used toaccess our Services. Accordingly, you are responsible for all activities thatoccur under the your account(s).
Accessing (or attempting to access) any of the Services by any means other than through the means we provide, is strictly prohibited. You agree not to access (or attempt to access) any of the Services through any automated, unethical or unconventional means.
4. PURCHASES & PAYMENT
We accept all major credit cards. For Enterprise plans that meet a minimum, we also accept bank transfers.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as communicated by us on our website and elsewhere. We may change prices at any time. All payments shall be in euros.
We reserve the right to refuse any order placed through the Services. Amongst others, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to pay all charges at the prices thenin effect for your purchases and you authorize us to charge yourchosen payment provider for any such amounts upon placing your order. Ifyour order is subject to recurring charges, then you consent to our chargingyour payment method on a recurring basis without requiring your prior approvalfor each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
If you choose payment through credit card, we may take steps to verify the validity of the credit card information you gave us. This verification process may include charging [be drag]from your credit card account which shall be refunded shortly after.
5. CANCELLATION
All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our Services, please email us at ask@sokrateque.ai.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
· Attempt to impersonate another user or person or use the username of another user.
· Falsify or alter any unique referral identifierin, or assigned to, an Application, or otherwise obscure or alter the source ofqueries coming from an Application.
· Make improper use of our support services orsubmit false reports of abuse or misconduct.
· Use the Services in a manner inconsistent withany applicable laws or regulations, including:
o Illegal activities, such as child pornography,gambling, piracy, or violating copyright, trademark, or other intellectualproperty laws;
o Intending to exploit minors in any way;
o Accessing or authorizing anyone to access the Bing Search API from an embargoed country;
o Threatening, stalking, defaming, defrauding,degrading, victimizing or intimidating anyone for any reason; or
o Violating applicable privacy laws andregulations.
· Use the services in any application or situation where failure of the Services could lead to the death or serious bodily injury of any person or to severe physical or environmental damage.
· Upload, share, distribute, or otherwise use any personal information of children under 13 or the applicable age of digital consent.
· Use the Services in a way that infringes, misappropriates or violates any person’s rights.
· Upload, share, distribute, or otherwise use any content for which you lack the necessary rights, permissions, or licenses. This encompasses copyrighted material, trade secrets, and confidential documents that you are not explicitly authorized to access or disseminate by the rightfulowner(s).
· Engage in any activity that constitutes academic dishonesty, including but not limited to cheating, plagiarism, or any other form of academic misconduct.
· Engage in unauthorized framing of or linking to the Services.
· Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
· Circumvent or bypass transaction limits by any means or in any manner, including by creating multiple accounts.
· Use the Services to disrupt, interfere with, create an undue burden on, or attempt to gain unauthorized access to services, servers, or networks connected to or that can be accessed via the Services.
· Use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction
· Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
· Reverse engineer, decompile, decipher, or disassemble the software comprising or in any way making up a part of the Services, or attempt to discover the source code or underlying components of models, algorithms, and systems of the Services, except and only to the extent that applicable law expressly permits, despite this limitation.
· Use a buying agent or purchasing agent to make purchases on the Services.
· Use the Services in a way that could impair, harm, or damage Microsoft, any Microsoft service or application, anyone's use of the Services, or any other Microsoft service or application.
· Use Services in any way that threatens the integrity, performance, or reliability of Services or any Microsoft product or service, including performance or stress testing, or in any manner that works around any technical limitations in Services.
· Redistribute, resell, or sublicense access to any Microsoft service or Content.
· Use the Services to create a database or service that competes with Content received when using the Services.
· Copy, store, archive, or create a database of Content.
· Use output from the Services to develop models that compete with ChatGPT’s OpenAI.
· Use of the Content may not be used in combination with any open source software or other data subject to an opensource license that may impair the copyright protection of the Content.
· Request from a Service more than the minimum data that your Application needs to offer End Users the intended Application functionality.
· Request from a Service any information outside any permissions granted by the End User of your Application, if a Service requires permissions.
· Represent that output from the Services was human-generated when it is not.
7. SUBMISSIONS BY YOU
You may provide input to the Services (“Input”),and receive output generated and returned by the Services based on the Input(“Output”). To the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, Sokrateque hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. 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 party users. Additionally, given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You are responsible for evaluating the accuracy of any Output as appropriate for your use case, including by using human review of the Output.
Sokrateque may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.
By storing content through any part of the Services or making content accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
· confirm that you will not post, send, publish, upload, or transmit through the Services any submission nor post any contribution that is unlawful or illegal;
· warrant that any such submission and/or contributions are original to you or that you have the necessary rights and licenses to submit such submissions and/or contributions and that you have full authority to grant us the rights in relation to your submissions and/or contributions to perform and facilitate the Services; and
· warrant and represent that your submissions and/or contributions do not constitute confidential information.
You expressly agree to reimburse us for any and all losses that we may suffer because of your breach of these Terms of Service or applicable law and any infringement of third party’s intellectual property rights.
We reserve the right, but have no obligation, to: (1)use Content that you provide to develop or improve our Services; (2) monitorthe Services for violations of these Terms of Service; (3) take appropriatelegal action against anyone who, in our sole discretion, violates the law orthese Terms of Service, including without limitation, reporting such user tolaw enforcement authorities; (4) in our sole discretion and without limitation,refuse, restrict access to, limit the availability of, or disable (to theextent technologically feasible) any of your contributions or any portionthereof; (5) in our sole discretion and without limitation, notice, orliability, to remove from the Services or otherwise disable all files andcontent that are excessive in size or are in any way burdensome to our systems;and (6) otherwise manage the Services in a manner designed to protect ourrights and property and to facilitate the proper functioning of the Services. If we remove or edit anysuch contributions, we may also suspend or disable your account.
8. PRIVACY POLICY & USER DATA
We care about data privacy and security. You can find our values and terms of use of personal data pursuant to the GDPR in our Privacy policy. By using the Services, you agree to be bound by our Privacy Policy.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as wellas data relating to your use of the Services. Although we perform regularroutine backups of data, you are solely responsible for all data that you transmitor that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
9. TERMINATION OF USE
You agree that we may, at our sole discretion, fullyor partly suspend or terminate your access to the Services, with or withoutnotice and for any reason, including, without limitation, any breach of theseTerms of Service. Any suspected illegal, fraudulent or abusive activity may beconsidered grounds for terminating the customer’s relationship with us and forreferral to appropriate law enforcement agencies. Upon suspension ortermination, your right to use the Services will immediately cease, and wereserve the right to remove or delete any information that you may havesubmitted or uploaded to our Services, including any account or logininformation.
Upon any termination of your access to the Services, we will:
· cancel and close you user account. Your user ID and password shall be deactivated;
· permanently delete your content;
Termination of the your user account shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement with us that has not been specifically terminated.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating orsuspending your account, we reserve the right to take appropriate legal action,including without limitation pursuing civil, criminal, and injunctive redress.
10. MODIFICATIONS, CORRECTIONS &INTERRUPTIONS
There may be information on the Services that containstypographical errors, inaccuracies, or omissions, including descriptions,pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
We strive tostay at the forefront of technical and aesthetic innovation. We reserve the right tochange, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation toupdate any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problemsor need to perform maintenance related to the Services, resulting ininterruptions, delays, or errors. We reserve the right to change, revise,update, suspend, discontinue, or otherwise modify the Services at any time orfor any reason without notice to you. You agree that we have no liability whatsoeverfor any loss, damage, or inconvenience caused by your inability to access oruse the Services during any downtime or discontinuance of the Services. Nothingin these Terms od Service will be construed to obligate us to maintain andsupport the Services or to supply any corrections, updates, or releases inconnection therewith.
11. DISCLAIMER
The Services are provided on an as-is andas-available basis. You agree that your use of the Services will be at yoursole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warrantiesor representations about the accuracy or completeness of the Services' contentor the content of any websites or mobile applications linked to the Servicesand we will assume no liability or responsibility for any (1) errors, mistakes,or inaccuracies of content and materials, (2) personal injury or propertydamage, of any nature whatsoever, resulting from your access to and use of theServices, (3) any unauthorized access to or use of our secure serversand/or any and all personal information and/or financial information storedtherein, (4) any interruption or cessation of transmission to or from theServices, (5) any bugs, viruses, trojan horses, or the like which may betransmitted to or through the Services by any third party, and/or (6) anyerrors or omissions in any content and materials or for any loss or damage ofany kind incurred as a result of the use of any content posted, transmitted, orotherwise made available via the Services. We do not warrant, endorse,guarantee, or assume responsibility for any product or service advertised oroffered by a third party through the Services, any hyperlinked website, or anywebsite or mobile application featured in any banner or other advertising, andwe will not be a party to or in any way be responsible for monitoring anytransaction between you and any third-party providers of products or services;any exchange of any information, license, and payments relating to the use of athird party product or service is solely between you and the applicablethird-party provider. Any third party software, services, or other products youuse in connection with the Services are subject to their own terms. As with thepurchase of a product or service through any medium or in any environment, youshould use your best judgment and exercise caution where appropriate.
12. LIMITATIONS OF LIABILITY
We shall not be liable for any indirect, special, consequential, or incidental damages, including but not limited to loss of profits, loss of data, or business interruption, arising out of or in connection with our Services or the use thereof, whether or not we have been advised of the possibility of such damages. Our total liability for any claims arisingunder or in connection with our Services and the use thereof shall not exceed the sum covered by our current insurance policies, or the amount paid by you to us during the one year period prior to any cause of action (whichever is lower). This maximum liability amount shall apply collectively to all claims, actions, or causes of action arising from these Terms of Service and any (other) agreement we may have with you. This limitation of liability shall not apply to any liability arising from (i) willful misconduct or gross negligence on our side, (ii) personal injury, or (iii) any claims subject to indemnification.
Certain us state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
14. GOVERNING LAW
These Terms of Service are governed by and interpreted following the laws of the Netherlands. The U.N.Convention on Contracts for the International Sale of Goods does not apply. If your habitual residence is in the EU and you are a consumer you additionally possess the protection provided to you by obligatory provisions of the law indoor country to residence.
Any dispute, controversy, or claim arising out of or in connection with these Terms of Service or any other agreement with us, including with regard to the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts of the Netherlands.
15. MISCELLANEOUS
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the eservices.
16. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: ask@sokrateque.ai
Sokrateque
Vijzelstraat 69-72
1017 HL, Amsterdam
The Netherlands