As of: October 2nd, 2023
Company NUMIND, a simplified joint stock company with a capital of 1,000 Euros incorporated and registered under the laws of France with the Créteil Trade and Companies Register under number 918 240 409, and having its registered office located at 2 Rue Anquetil - 94130 Nogent-sur-Marne, France (hereinafter "NUMIND"), operates the NuMind software (the "Software").
The purpose of these General Terms and Conditions of Use and Sale (hereinafter the "Terms") is to define the terms and conditions of use and of licence (the "Licence") of the Software applicable to the client (the "Client").
NUMIND is a software designed to create personalised NLP (natural language processing) models.
The Client and its users (the "Users") may use the Software following its installation. The Software may be used on MacOs, Windows and Linux systems and all other operating systems, current or future, as specified by NUMIND. In the context of remote access to certain APIs, both for the purpose of training the Software and its updates and support where appropriate, it is necessary to have Internet access and the equipment necessary for such access.
In order to become a Client under the terms hereof, the Client must be a professional or act in the context of its usual and principal professional activity.
If the Client is a legal entity, the applicant hereunder, who accepts these Terms in the name and on behalf of the Client, declares and warrants that he/she is duly authorised for such and has the capacity to bind the Client to these Terms.
The Client guarantees and ensures compliance with the conditions of use of the Software by its Users.
The Client remains fully liable towards NUMIND for the use of the Software by all its Users.
The Client expressly acknowledges that it is solely responsible for the processing of all data transferred, communicated or processed by the Client and by its Users on or through the Software as part of its use (the "Client Data").
With regards to the subscriptions offered by NUMIND and subscribed by the Client, the Software is subject to change and NUMIND may provide updates and modify or delete features and offer additional or new services, which shall be integrated to the Software, and which may be subject to additional, separate or supplementary terms, conditions or policies of use. The terms of the offered subscriptions (the "Subscriptions") are defined on the NUMIND website (the "NUMIND Site"), which can be accessed at the following URL address: numind.ai, or by any other means specified by NUMIND.
The use of the Software for any purpose whatsoever implies full and unreserved acceptance by the Client of these Terms in their latest version, and expressly excludes all other previous conditions or conditions such as any general terms and conditions of purchase established up by the Client or any document issued by the Client.
In any event, in case of any contradiction between the provisions of the Terms and any general conditions of purchase or any other general or special conditions of the Client, the terms hereof shall prevail.
If any provisions of the Terms were found to be illegal, invalid or inapplicable for any reason whatsoever, the provisions in question shall be deemed unwritten, and such without affecting the validity of the other provisions, which shall continue to apply.
Failure by NUMIND to take immediate action with respect to acts of the Client shall not constitute a waiver of NUMIND’s remedy or right to take judicial or other appropriate measures, nor shall it constitute waiver of such action in the future.