SERVICE TERMS
Welcome to Automassist!
We're happy to have you here. Before you explore Automassist, take a moment, and review the following details. It won't take more than a few minutes of your time.
Introduction
These Terms of Service (“Terms”) outline the guidelines for using the services provided by Automassist (“we,” “us,” or “our”). All references to “Services” in these Terms include Atlas, IDM (Industrial Document Manager) and AutomInsight products, as well as any other Automassist offerings.
Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.
By accessing or using Automassist, you agree to abide by these Terms and our Privacy Policy. If you disagree with any aspect of these documents, or if you're unable to comply with them, we kindly ask that you refrain from using our services. However, if you have any questions or require assistance, please reach out to us at [email protected]
We're here to assist you!
Thank you for your cooperation and for choosing Automassist.
1. Who We Are
We are committed to transforming the automation landscape by providing a platform that not only addresses current industry challenges but also anticipates future needs. Our innovative solutions are constantly evolving, driven by feedback from our users and the latest industry trends. By choosing AutomAssist, you are investing in a future where automation challenges are met with precision and efficiency.
Our Expanded Scope
At AutomAssist, we don’t just simplify complex automation tasks; we also provide intelligent document management and real‐time production insights. By integrating advanced AI into both industrial documentation (through our IDM product) and manufacturing data analytics (through AutomInsight), we deliver a holistic platform that centralizes information, uncovers hidden patterns, and fosters informed decision‐making. Our solutions aim to accelerate digital transformation on the shop floor and beyond—helping you securely manage vital documentation, glean actionable intelligence from machine data, and ensure consistent, efficient operations across multiple teams and facilities.
Our Expertise
At AutomAssist, we pride ourselves on our deep understanding of industrial automation. Our advanced AI capabilities are designed to provide expert guidance in various areas, including:
- Troubleshooting: Swiftly identify and resolve software and hardware issues with tailored, actionable recommendations.
- Implementation: Master diverse automation applications, from PLC programming to SCADA dashboards, with ease.
- Education: Simplify complex automation concepts and enhance your expertise with our AI‐driven educational support.
- Document Management: Through IDM, securely store, organize, and version‐control critical industrial documentation, while leveraging AI‐assisted chat to quickly locate relevant content.
- Data Insights: With AutomInsight, harness real‐time and historical data from PLCs, SCADA systems, time‐series databases, and beyond—without manual data entry—to detect anomalies, forecast performance, and drive proactive improvements.
Our Vision
We are committed to transforming the automation landscape by providing a platform that not only addresses current industry challenges but also anticipates future needs. Our innovative solutions—Atlas, IDM and AutomInsight among them—are constantly evolving, driven by feedback from our users and the latest industry trends. By choosing AutomAssist, you are investing in a future where automation challenges are met with precision and efficiency.
Our Promise
- Efficiency: Accelerate issue resolution and streamline automation tasks with our advanced AI tools.
- Clarity: Gain clear, expert guidance that demystifies complex concepts and enhances your understanding.
- Support: Rely on our comprehensive support system, including features like ‘Atlas, ‘Chat with PDF’, AI‐enhanced document management (IDM), real‐time production analytics (AutomInsight), and a community forum for collaborative problem‐solving.
By harnessing the power of artificial intelligence in both documentation and machine‐data analytics, we enable organizations of all sizes to optimize their processes, protect critical industrial knowledge, and push innovation forward.
2. Account Creation and Access
You must be at least 18 years old to use Our Services. You must have parental or legal guardian permission if you are a minor registering for Our Services. We will promptly delete any Account found to be in violation of such requirements.
To access our Services, we may ask you to create an Account. You agree to provide correct, current, and complete Account information and allow us to use it to communicate with you about our Services. Our communications to you using your Account information will satisfy any requirements for legal notices.
You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and you are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
You may not share your Account login information, or Account credentials with anyone else. You also may not make your Account available to anyone else. You are responsible for all activity occurring under your Account, and you agree to notify us immediately if you become aware of any unauthorized access to your Account by sending an email to contact@automassist,ai
3. Use of Our Services
Access
You may only access and use our Services, subject to your compliance with these terms and all applicable local, state, national, and international laws, rules and regulations.
If you disagree with any aspect of these documents, or if you're unable to comply with them, we kindly ask that you refrain from using our services. However, if you have any questions or require assistance, please reach out to us at [email protected]
Use Restrictions
Generative AI models can help you explore new topics, inspire your creativity, and learn new things. However, we expect you to use and engage with them in a responsible, legal manner. To this end, you must not use our Services that reference this agreement to:
- Perform or facilitate dangerous, illegal, or malicious activities, including
- Facilitation or promotion of illegal activities or violations of law, such as
- Promoting or generating content related to child sexual abuse or exploitation
- Promoting or facilitating sale of, or providing instructions for synthesizing or accessing, illegal substances, goods, or services
- Facilitating or encouraging users to commit any type of crimes
- Promoting or generating violent extremism or terrorist content
- Abuse, harm, interference, or disruption of services (or enable others to do the same), such as
- Promoting or facilitating the generation or distribution of spam
- Generating content for deceptive or fraudulent activities, scams, phishing, or malware.
- Attempts to override or circumvent safety filters or intentionally drive the model to act in a manner that contravenes our policies
- Generation of content that may harm or promote the harm of individuals or a group, such as
- Generating content that promotes or encourages hatred
- Facilitating methods of harassment or bullying to intimidate, abuse, or insult others
- Generating content that facilitates, promotes, or incites violence
- Generating content that facilitates, promotes, or encourages self harm
- Generating personally identifying information for distribution or other harms
- Tracking or monitoring people without their consent
- Generating content that may have unfair or adverse impacts on people, particularly impacts related to sensitive or protected characteristics
- Facilitation or promotion of illegal activities or violations of law, such as
- Generate and distribute content intended to misinform, misrepresent or mislead, including
- Misrepresentation of the provenance of generated content by claiming content was created by a human, or represent generated content as original works, in order to deceive
- Generation of content that impersonates an individual (living or dead) without explicit disclosure, in order to deceive
- Misleading claims of expertise or capability made particularly in sensitive areas (e.g. health, finance, government services, or legal)
- Making automated decisions in domains that affect material or individual rights or well-being (e.g., finance, legal, employment, healthcare, housing, insurance, and social welfare)
- Misrepresentation of the provenance of generated content by claiming content was created by a human, or represent generated content as original works, in order to deceive
- Generate sexually explicit content, including content created for the purposes of pornography or sexual gratification (e.g. sexual chatbots). Note that this does not include content created for scientific, educational, documentary, or artistic purposes.
- Additional Usage and Liability Disclaimers for IDM (Industrial Document Manager)
Scope of IDM:DM centralizes industrial documents, including design plans, operating manuals, electrical diagrams, training guides, and more.
Users can employ AI-powered chat to search and query documents.
Integration features like SharePoint connections and custom workflows are provided as optional add-ons.
User Responsibilities and Potential Misuse:
- Proprietary or Unauthorized Data: Users must ensure they have the rights and permissions to upload any documents, especially if they contain proprietary, confidential, or third-party data. Any misuse or unauthorized distribution of such data via IDM is strictly prohibited, and Automassist disclaims any liability arising from such misuse.
- Reliance on AI Chat for Safety/Operational Instructions: While AI chat can help users find answers or insights, it is not a substitute for professional judgment or regulatory compliance. Users remain fully responsible for verifying the correctness, timeliness, and relevance of any instruction or technical guidance obtained from IDM.
- Version Control & Old Manuals: IDM provides version control features, but it remains the user’s responsibility to keep documents updated and to verify they are referencing the correct version. Automassist disclaims liability for any harm resulting from reliance on outdated or incorrect materials.
QR Codes:
- Placement & Security: Metal QR codes are intended for quick access to relevant documents on the shop floor. Automassist is not liable if a QR code is tampered with, misplaced, or scanned by unauthorized personnel.
- Unauthorized Access: Users are responsible for implementing appropriate role-based permissions and physical security measures to prevent unapproved scanning or usage of QR codes.
- Hierarchy Manager: This functionality allows structuring the user’s corporate hierarchy (sites, machines, lines, etc.). Automassist is not liable for inaccuracies or incomplete hierarchy data that may lead to misfiled or missing documents.
Integration and Data Security:
- SharePoint & Other Integrations: Automassist is not responsible for data leakage or security vulnerabilities arising from improper configuration of third-party services like SharePoint. Users must follow best practices and consult their IT departments for secure setups.
- Custom Workflows: Where customization is requested or permitted, users take full responsibility for ensuring that such custom workflows and any associated automations or plugins comply with security and data protection standards.
- No Guarantee of Accuracy: Automassist does not guarantee that all AI-generated content or document retrievals via IDM will be free of errors, omissions, or outdated references. Users must perform due diligence in verifying and cross-checking critical information.
Handling of Personal or Regulated Data
- No Personal Data Guarantee: IDM is not specifically designed for storing personal data or other regulated data (e.g., health records, personally identifiable info about employees, etc.). If you choose to upload such data, you are solely responsible for ensuring compliance with applicable data protection and privacy laws (e.g., GDPR). Automassist disclaims any liability for misuse of personal or regulated data stored or shared via IDM.
- Compliance with Local Regulations: You acknowledge that certain documents (e.g., defense‐related, export‐controlled, or containing proprietary IP) may be subject to additional legal/regulatory requirements. You remain solely responsible for confirming whether uploading such content to IDM is permissible under local or international law.
- No Official Record System: IDM is provided as a convenience tool for document management and AI chat. It is not an official records repository. Users are advised to maintain separate backups or official archives for compliance, audit, or legal requirements.
- User Security Obligations Role‐Based Access and Hierarchy Management: You must configure user roles, permissions, and your corporate hierarchy accurately. Automassist disclaims liability if incorrect or lax permission settings lead to unauthorized access or misplacement of documents.
- Physical Security of QR Codes: You are responsible for controlling physical distribution of any printed or metal QR codes that link to documents in IDM. Automassist cannot prevent unauthorized scanning if QR codes are lost, stolen, or publicly posted.
- No Warranty of Regulatory Compliance Disclaimer: Using IDM does not ensure compliance with industry‐specific regulations (e.g., FDA, ISO standards, HIPAA) or guarantee meeting official documentation standards. You remain responsible for any and all regulatory obligations, including recordkeeping, data retention, and accuracy of content.
- Additional Usage and Liability Disclaimers for AutomInsight
Scope of AutomInsight:
AutomInsight integrates with real-time industrial data streams (PLCs, SCADA, time-series databases, etc.) without manual data entry, enabling AI-driven analytics and insights.
AutomInsight can highlight anomalies, project potential issues, and suggest operational improvements.
User Responsibilities and Potential Misuse:
- Data Accuracy and Completeness: AutomInsight relies on third-party data sources; if those sources are incomplete, inaccurate, or outdated, the resulting insights may also be flawed. Automassist disclaims any liability for decisions made based on such incomplete or inaccurate data.
- Critical Decisions: Automassist does not recommend relying solely on AI outputs for critical business or safety decisions. Users remain fully responsible for verifying data and implementing appropriate safeguards in any operational or safety-critical environment.
- On-Prem vs. Cloud Deployments: Automassist offers flexible deployment options. Users must ensure that whichever deployment method is chosen meets their security, regulatory, and operational requirements. Automassist disclaims liability for any security breach or misconfiguration outside its direct control.
Security and Access Control:
- Integration Risks: AutomInsight’s seamless data connectivity and integration features may introduce security vulnerabilities if not properly configured or monitored. Users are responsible for controlling access, securing network endpoints, and ensuring staff are trained in using the system responsibly.
- Inherent AI Limitations: AI predictions or alerts may sometimes be erroneous. Automassist offers no guarantee that such insights will be infallible. It is recommended that users cross-verify critical insights with additional data sources or expert human judgment.
- No Guarantee of Specific Outcomes: Automassist does not warrant that the adoption of AutomInsight will lead to specific financial, operational, compliance, or safety outcomes. Any improvements or benefits derived from using AutomInsight are dependent on multiple factors beyond Automassist’s control.
Personal/Confidential Data in Analytics
Scope of Analytics: AutomInsight is designed for operational, machine‐level, and time‐series data. It is not intended for handling personal data (e.g., HR info) or other highly regulated data without explicit safeguards. If you integrate such data streams, you assume full responsibility for compliance with privacy or data protection laws. Automassist disclaims liability for unauthorized or accidental exposure of personal/regulated data.
Local Law and Export Controls: If your real‐time or historical data is subject to export controls or local data‐sovereignty rules, you must ensure that feeding such data into AutomInsight does not violate those restrictions. Automassist disclaims responsibility if your usage contravenes such regulations.
Additional On‐Prem vs. Cloud Disclaimers On‐Prem Configuration: When deploying AutomInsight on‐prem, you are fully responsible for securing your servers, firewalls, and local network environment. Automassist disclaims liability for any breach or data loss resulting from your local IT misconfiguration.
Cloud Deployments: Automassist hosts cloud deployments in secure environments; however, we rely on accurate user configurations for safe external connections (VPN, dedicated lines, etc.). We disclaim liability if you fail to enable recommended encryption or authentication measures.
No Assurance of Legal or Safety Compliance Critical Decision Warnings: AutomInsight may generate operational or safety suggestions, but it does not replace professional engineering judgment, nor does it ensure compliance with occupational safety or legal mandates. You assume full responsibility for verifying and interpreting all AI‐generated insights before acting on them.
4. Content
Content
When you use Automassist, You may provide prompts and our Services may generate outputs in return. Input and Output shall be collectively called Content. You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services. You shall not intentionally make the Services generate content infringing intellectual property rights, third party rights or applicable law, or use such infringing content after you become aware of such infringement.
Ownership
You hereby acknowledge that you retain your ownership rights in Input and own the Output. You retain all the rights, including but not limited to the intellectual property rights to Your Prompts. You grant us a worldwide, revocable, non-exclusive, non-sublicensable, non-transferable right to use the Prompts for the purpose of performing the Services, for the term of this Agreement.
Similarity
You agree that, due to the nature of Our Services, if another user uses a prompt similar to yours, our Services may generate an output similar or identical to yours. Our assignment above does not extend to other users’ output or any Third Party Output.
Accuracy
As we continue to advance in the realms of artificial intelligence and machine learning, our commitment remains steadfast towards enhancing the accuracy, reliability, safety, and overall benefit of our Services. However, owing to the inherent probabilistic nature of machine learning algorithms, there may be instances where the output generated by our Services does not precisely mirror real-life entities, locations, or factual information. When you use our services, you acknowledge and accept the following:
- Potential Inaccuracy: Output from our Services may not always be entirely accurate. Therefore, it is unwise to solely depend on this output as an absolute truth or as a replacement for professional advice.
- Evaluation Responsibility: It is your responsibility to assess the accuracy and suitability of the output for your specific use case. This may involve employing human review as necessary before utilizing or disseminating output obtained from our Services.
- Usage Restrictions: Under no circumstances should you employ any output concerning an individual for purposes that could have legal or substantive repercussions on that individual. Such purposes may include but are not limited to decisions regarding credit, education, employment, housing, insurance, legal, or medical matters.
- Potential Output Issues: Our Services may occasionally yield incomplete, inaccurate, or potentially offensive output that does not necessarily reflect the perspectives of Automassist. Moreover, any references to third-party products or services in the output should not be construed as endorsements or affiliations by Automassist.
We continuously strive to improve our Services and uphold the highest standards of accuracy, integrity, and ethical responsibility. Your understanding and cooperation in adhering to these guidelines are greatly appreciated.
License
We may use your Feedback and Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe. You grant Us a worldwide, non-revocable, non-exclusive, non-sublicensable, non-transferable right to use Feedback and Content for the purpose of improving Our Model. This helps us improve the accuracy of the Outputs generated by Our Model and the overall efficiency and/or moderation of Our Services. This license is granted for the duration of the intellectual property rights under applicable law.
Opt Out
If you do not want us to train our models using your content, you can opt-out anytime by clicking HERE
5. Intellectual Property Rights
Automassist is the sole owner of all right, title and interest, including all intellectual property rights in and to Automassist’s Intellectual Property, including but not limited to the Model, the Documentation and the Services.
6. Paid Accounts
Fees
The Fees are listed on the website inclusive of all Taxes.We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice.
- No Prorated Refunds: Unless required by law, we do not provide prorated refunds for partial months of service or for any unused portion of a subscription term.
- Exchange Rates & Transaction Fees: If you pay in a currency different from USD (where applicable), you are solely responsible for any currency exchange fees or fluctuations.
- Taxes & Duties: You are responsible for any sales, VAT, or other taxes (where applicable) beyond the listed price if not explicitly included at checkout.
- Suspension for Nonpayment: Automassist reserves the right to immediately suspend or terminate Services if we do not receive payment by the due date. Any data associated with your account may be inaccessible during suspension.
Billing
We offer various pricing plans to cater to the unique needs of individuals and businesses:
Subscription-based Pricing
- B2C Monthly Plan - $20/month: Enjoy unlimited access to our AI model, premium support, and regular updates. This plan provides flexibility for professionals seeking to adjust their commitment as needs change.
- Business Plan: Contact us for an annual license and user-specific fees tailored to your organization’s needs.
Payment Method and Frequency
Payments for our services can be made through the payment methods listed on our website. The billing frequency will depend on the selected plan:
- B2C Monthly Plan: Billed monthly on the same date each month.
- B2C Annual Plan: Billed annually on the same date each year.
- Business Plan: Billed monthly or annually, with user-specific fees as agreed upon in the deal.
Cancellation
You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law.
7. Suspension and Termination
Suspension
We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:
- You breached these Terms or our Usage Policies.
- Late payment or non-payment of the applicable fees (if any),
- Immediate security concerns.
- We must do so to comply with the law.
- Your use of our Services could cause risk or harm to Automassist, our users, or anyone else.
If you believe we have suspended or terminated your account in error, you can file an appeal with us by sending an e-mail to [email protected]
Termination
You may terminate this Agreement at any time on our website or by sending an email to [email protected]
If you are subscribed to our Free Services, termination of your subscription will take effect immediately upon your request.
For subscribers to our Paid Services, termination will take effect at the conclusion of the ongoing Billing Cycle. Upon termination:
- You will not be eligible for a refund of any pre-paid fees.
- Any outstanding fees for the current Billing Cycle must be settled immediately if not already paid.
We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.
8) Warranties
Automassist Warranties:
We provide our Services "as is." While we strive for accuracy and reliability, Automassist makes no explicit guarantees regarding the accuracy, reliability, or completeness of the Services, nor their suitability for your specific needs. We do not guarantee that your use of the Services will result in increased revenues, be error-free, or uninterrupted. Your use of the Services is at your own risk, and Automassist shall not be held liable for any losses incurred due to misuse or unsuitability of the platform or free services, including but not limited to direct, indirect, incidental, consequential, or punitive damages.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Customer Warranties:
You represent and warrant that you have the authority to enter into this Agreement and will use the Services in compliance with applicable laws and regulations, and the terms outlined in this Agreement. You agree not to use the Services for illegal activities or to harm third parties.
Not Legal, Engineering, or Safety Advice
All outputs are provided for informational purposes only. Automassist does not provide legal, engineering, or safety certifications. Always seek qualified professional guidance for compliance, design validation, and safety measures.
9) Liability
Neither we nor any of our affiliates or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages. Our aggregate liability under these terms will not exceed the greater of the amount you paid for the service that gave rise to the claim during the 12 months before the liability arose or one hundred euros.
Automassist is not liable for:
- Force Majeure Events: Any events beyond our reasonable control, including natural disasters, acts of war, terrorism, or other unforeseen circumstances that prevent us from fulfilling our obligations.
- Temporary Unavailability of Services: Interruptions due to scheduled maintenance, upgrades, or unforeseen technical issues. We strive to minimize downtime and will provide notice of scheduled maintenance whenever possible.
- Third-party Content or Linked Websites: Any external content or links to third-party websites, even if accessed through our platform. We do not endorse or assume responsibility for any third-party content.
- Causes Not Attributable to Automassist: Issues arising from user actions, including misuse of our services, non-compliance with our guidelines, or breaches of security resulting from user negligence.
- Your Use of User Data: Any consequences resulting from your handling or sharing of user data obtained through our services. You are responsible for ensuring compliance with relevant data protection regulations.
- Sharing Conversations with Third Parties: Any issues arising from sharing interactions or outputs from Automassist with unauthorized third parties. Keep your interactions private and secure.
- Performance of Models if Customized or Modified by You: Variations in performance or unexpected outcomes resulting from user customization or modification of our AI models. Customization is at your own risk.
- Similarity of Your Output to Another User’s: The nature of AI-generated content means similar or identical outputs may be produced for different users with similar prompts. We are not liable for any perceived infringement.
- Loss of Profits, Income, Revenue, Business Opportunities, Data Corruption, or Information Loss: Any financial or data losses incurred as a result of using our services. Users should implement their own safeguards and backups.
- Failure to Realize Expected Revenues or Savings, Goodwill Loss, or Economic Loss: Any unrealized financial benefits or damage to reputation or goodwill arising from the use of our services.
- Any Indirect, Special, Incidental, Punitive, Exemplary, or Consequential Damages of Any Kind: Including but not limited to those stemming from errors, inaccuracies, or issues with the services provided, even if forewarned.
- In addition, Automassist is not liable for:
- User Misinterpretation of Outputs: Any consequences of actions taken based on AI-generated recommendations. Always verify and validate AI outputs before implementing them.
- Inadequate Training or Preparation: Any failure to achieve desired outcomes due to insufficient training or understanding of our services. We provide resources and support, but effective use is dependent on user effort.
- Legal or Regulatory Compliance: Users are responsible for ensuring their use of our services complies with local, state, national, and international laws and regulations. Automassist provides tools, but compliance rests with the user.
- Internal Business Decisions: Any business decisions made based on insights or outputs from our services. Strategic decisions should be made with comprehensive analysis and not solely reliant on AI outputs.
- Personal Harm or Damage: Any physical, mental, or emotional harm resulting from the use of our services. Always use our tools responsibly and ethically
Third‐Party or Regulated Data Usage
In addition to the foregoing, Automassist shall not be liable for any claims arising out of or relating to:
- User Upload of Third‐Party IP or Confidential Data: Any infringement, misappropriation, or unauthorized disclosure caused by uploading documents or data you do not have legal rights to share.
- Personal/Regulated Data: Inclusion of personal, health, or other regulated data in our AI tools without adhering to the required consents or local regulations.
- AI Output Referencing Third‐Party Material: Any inadvertent reference or summary of third‐party materials within AI‐generated output. You are responsible for determining whether such references violate third‐party rights.
Regulatory and Safety Compliance
You acknowledge and agree that Automassist’s Services, including IDM and AutomInsight, are intended to assist with document management, analytics, and operational insights but do not guarantee compliance with any safety, environmental, or industry‐specific regulations. You remain solely responsible for ensuring that your usage of these tools meets any local, national, or international standards applicable to your operations.
The limitations in this section apply only to the maximum extent permitted by applicable law. Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these terms only limit our responsibilities to the maximum extent permissible in your country of residence.
10) Dispute Resolution
Before resorting to formal legal proceedings, we're committed to addressing any concerns you may have through informal means. Both parties agree to attempt to resolve any disputes amicably before taking further action. You can initiate this process by notifying us via the provided form HERE and we will respond to the email linked to your account. If we cannot resolve the issue within 60 days, either party may then proceed with arbitration. Additionally, if requested, both parties agree to participate in an individual settlement conference during this period. It's important to note that any time limits for legal action will be paused during this informal resolution process.
Amicable Resolution
General Principle: If any disputes arise from or are related to this Agreement, both Parties commit to consulting and negotiating with each other in good faith. Recognizing their shared interests, they will strive to find a mutually satisfactory solution.
For Consumers within the European Union: You may reach out to our mediation service, the CMAP, either by mail at Centre de Médiation et d’Arbitrage de Paris, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or via email at [email protected]. Alternatively, you can utilize the European platform for online dispute resolution accessible at the provided link. It's important to note that participation in mediation is voluntary, and either Party may withdraw from the process at any time.
For Users outside the European Union: Please contact Automassist directly at [email protected]
For Businesses: If an amicable settlement isn't reached within sixty (60) days, either Party may escalate the matter to senior executives ("Executives") from both sides. The Executives will then engage in discussions and negotiations aimed at finding a resolution beneficial to both Parties.
18.2.2. Competent Jurisdiction
General Principle: If no amicable settlement is achieved, each Party retains the right to seek relief available under this Agreement. All discussions and negotiations under this section will be treated as confidential and must not be disclosed to third parties without the written consent of the disclosing Party, even after the termination or expiration of this Agreement.
For Users in France: The Parties agree that disputes arising from or related to this Agreement will be exclusively under the jurisdiction of the courts of Paris, France.
For Users outside France: All disputes regarding this Agreement will be finally settled according to the arbitration rules of the International Chamber of Commerce (ICC) by a single arbitrator appointed in accordance with said rules. The arbitration proceedings will take place exclusively at the ICC headquarters in Paris, France. The appointed arbitrator will adjudicate the dispute in accordance with applicable law.
Annexe 1
ANNEXE 1 - Garantie légale applicable aux consommateurs français
Le consommateur bénéficie de la mise en œuvre de la garantie légale de conformité lorsqu'un défaut de conformité apparaît durant la période de fourniture du contenu numérique ou du service numérique. Pendant cette période, il incombe au consommateur de prouver l'existence du défaut de conformité, sans avoir à en démontrer la date d'apparition. Cette garantie légale de conformité implique l'obligation de fournir toutes les mises à jour nécessaires pour maintenir la conformité du contenu numérique ou du service numérique tant que le compte du consommateur est actif sur la plateforme.
En vertu de cette garantie, le consommateur a le droit d'obtenir la mise en conformité du contenu numérique ou du service numérique sans retard injustifié à la suite de sa demande, sans frais et sans inconvénient majeur pour lui. Le consommateur peut prétendre à une réduction du prix tout en conservant le contenu ou le service, ou peut résilier le contrat avec remboursement intégral, en renonçant au contenu ou au service numérique, dans les cas suivants :
- Le professionnel refuse de mettre le contenu ou le service en conformité ;
- La mise en conformité est retardée de manière injustifiée ;
- La mise en conformité engendre des frais pour le consommateur ;
- La mise en conformité cause un inconvénient majeur pour le consommateur ;
- La non-conformité persiste malgré une tentative infructueuse de mise en conformité par le professionnel.
Le consommateur a également droit à une réduction de prix ou à la résolution du contrat immédiate lorsque le défaut de conformité est si grave qu'il justifie ces mesures sans demande préalable de mise en conformité. En présence d’un défaut mineur, le droit à l’annulation du contrat est conditionné à l’absence de paiement d’un prix pour le contrat.
Toute période pendant laquelle le contenu ou le service numérique est indisponible pour remise en conformité suspend le délai de garantie restant jusqu'à la fourniture du contenu ou du service conforme. Ces droits sont issus des articles L. 224-25-1 à L. 224-25-31 du code de la consommation. En cas de non-respect volontaire de cette garantie par le professionnel, celui-ci est passible d’une amende civile pouvant atteindre 300 000 euros, pouvant être augmentée jusqu’à 10 % du chiffre d’affaires moyen annuel, conformément à l'article L. 242-18-1 du code de la consommation.
Le consommateur bénéficie aussi de la garantie légale contre les vices cachés conformément aux articles 1641 à 1649 du code civil, qui s'applique pour deux ans à compter de la découverte du vice. Cette garantie permet une réduction du prix si le contenu ou le service numérique est conservé, ou un remboursement intégral en cas de renonciation au contenu ou au service.
General Terms
Assignment
You are not permitted to assign or transfer any rights or obligations outlined in these Terms. Any such attempt will be considered void. However, we reserve the right to assign our rights or obligations to any affiliate, subsidiary, or successor entity associated with our Services.
Changes to these Terms or our Services.
We are continually striving to enhance and refine our Services. Consequently, we may need to update these Terms or modify our Services periodically. Such updates or modifications may occur due to:
- Changes in legal or regulatory requirements.
- Security or safety concerns.
- Unforeseen circumstances beyond our control.
- Evolving technological advancements.
- Adjustments made in the regular course of enhancing our Services.
We commit to providing you with at least a 30-day notice via email or in-product notification for any changes to these Terms that significantly impact you. All other alterations will become effective upon being posted on our website. If you disagree with the changes, you must cease using our Services.
Delay in enforcing these Terms
Our failure to enforce any provision of these Terms does not waive our right to enforce it later. Except as specified in the dispute resolution section above, if any portion of these Terms is deemed invalid or unenforceable, the remainder will remain in full force and effect to the maximum extent permissible.
Entire agreement
These Terms constitute the entire agreement between you and Automassist regarding the Services, superseding any prior or contemporaneous agreements, except for any Service-specific terms.
Governing law
These Terms are governed by French law, excluding its principles of conflicts of laws. Any disputes or claims arising from or relating to these Terms, or their subject matter or formation, will be governed by and construed in accordance with the laws of France.
Copyright Complaints
If you suspect that your rights over your creative work have been violated, kindly reach out to us through the provided address or by filling out the form HERE. We take copyright concerns seriously and will promptly address any alleged infringements. Accounts repeatedly found violating copyright laws will be terminated as appropriate.
To file a copyright complaint, please ensure your submission includes:
- Your signature, either physical or electronic, authorizing representation on behalf of the copyright owner.
- Details identifying the copyrighted material that has allegedly been infringed.
- Specifics on where the disputed material is located on our platform for swift identification.
- Your contact information including address, phone number, and email address.
- A statement expressing your genuine belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law.
- A declaration confirming the accuracy of the information provided in your notice, under the penalty of perjury, asserting your status as the copyright owner or an authorized representative thereof.