Terms of Service
Terms of Service for Cattus.ai
Introduction
These Terms govern
- the use of this Website, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Website is provided by:
LYPA SERVICES - 60 RUE FRANCOIS IER 75008 PARIS
Owner contact email: [email protected]
What the User should know at a glance
Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
The right of withdrawal only applies to European Consumers.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Website, Users confirm to meet the following requirements:
There are no restrictions for Users in terms of being Consumers or Business Users.
Content on this Website
Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Website - "Some-rights-reserved"
Unless where explicitly stated, the following does not apply to any content provided by third-party licensors and available on this Website, such as for instance third-party trademarks, logos, images or the like:
The intellectual property rights for content owned and provided by the Owner are licensed on a "some-rights-reserved" basis.
Users can find further details about how they may use such content in the relevant section of this Website.
Access to external resources
Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties' terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
- violate laws, regulations and/or these Terms;
- infringe any third-party rights;
- considerably impair the Owner's legitimate interests;
- offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products provided on this Website, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.
While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
Users must choose the desired Product and verify their purchase selection. After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
Order submission
When the User submits an order, the following applies:
- The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
- In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
- Upon successful order submission, Users will receive an acknowledgment confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Website are displayed including all applicable fees, taxes and costs.
Payment methods
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.
All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User can read the privacy policy of this Website to learn more about the data processing and Users' rights regarding their data.
If payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Delivery
Performance of services
The purchased service shall be performed or made accessible within the timeframe specified on this Website or as communicated before the order submission.
Contract duration
Trial period
Users have the option to test this Website or selected Products during a limited and non-renewable trial period, at no cost. More conditions applicable to the trial period, including its duration, will be specified on this Website.
The trial will automatically end and will not convert to any fee-based Product unless the User actively purchases such Products.
Subscriptions
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.
Fixed-term subscriptions
Fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.
Once the subscription period expires, the Product shall no longer be accessible.
Automatically-extended fixed-term subscriptions
At the end of the initial period, the subscription is automatically extended for an unlimited period, unless the User terminates it before the end of such initial period.
The renewal payment will be charged according to the payment method chosen by the User during purchase.
After renewal, the subscription shall be unlimited and may be terminated monthly.
Termination
Extended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Website.
If the notice of termination is received by the Owner before the end of the current month, the subscription shall expire at the end of such month.
Modifications of Digital Products
The following applies to Users who qualify as Consumers.
This Website provides a Digital Product to the User over time. To ensure ongoing conformity of the Digital Product, the Owner reserves the right to modify the Digital Product at any time, at no extra cost to the User, by duly informing the User of such upcoming modification and its reasons.
Where the User claims that such a modification would have a negative impact on the User's access to or use of the Digital Product, and that such negative impact would not be merely minor, the User has the right to terminate the contract with the Owner within a minimum of 30 days from receipt of the information about the upcoming modification, or from implementation of the modification, whichever date is further in time.
Provision of personal data
To receive or access certain Products provided through this Website as part of the Service, the User may be required to provide personal data as indicated on this Website.
User rights
Right of withdrawal
Unless exceptions apply, Users may be eligible to withdraw from the contract within the specified period (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory right of withdrawal under EU rules, allowing them to withdraw from contracts entered online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification cannot benefit from the rights described in this section. The Consumer's liability towards the Seller is only engaged to the extent of depreciation of the goods resulting from handling of the goods in any manner other than what is necessary to establish the nature, characteristics and functioning of such goods.
Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the "definitions" section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the right to withdraw.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of services
Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.
Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.
Liability and indemnification
Unless explicitly stated otherwise or agreed otherwise with Users, the Owner's liability for damages in connection with the execution of the Agreement is excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ‐ including but not limited to lawyer's fees and costs ‐ made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User and its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
The foregoing also applies to any recourse made by third parties (including, notably, the Owner's customers) against the Owner in connection with Digital Products provided by the User, such as for instance recourses for non-conformity.
Limitation of liability for activity on this Website
Unless explicitly stated otherwise and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of essential contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Website has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Common provisions
No Waiver
The Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, appropriately informing the Users.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal information or data and will respect Users' rights relating to continued product use and/or compensation, as provided by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner's reasonable control, such as "force majeure" events (infrastructure failures or blackouts etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner's express prior written permission, granted either directly or through a legitimate reselling program.
Privacy policy
To learn more about the use of their personal data, Users may refer to the privacy policy of this Website.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to the User onwards.
The continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User's legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the Owner's written permission.
Contacts
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Applicable law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Prevalence of national law
However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Dispute resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner's email address specified in this document.
The Owner will process the complaint without undue delay and within 2 days of receiving it.
Definitions and legal references
This Website (or this Application) - The property that enables the provision of the Service.
Agreement - Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Business User - Any User that does not qualify as a Consumer.
Digital Product - Means a Product consisting of: content produced and supplied in digital form; and/or a service allowing for the creation, processing or storage of or access to data in digital form or allowing the sharing of or any other interaction with data in digital form uploaded or created by the User or by any other user of this Website.
European (or Europe) - Applies where a User, regardless of nationality, is in the EU.
Owner (or We) - Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.
Product - A good or service available for purchase through this Website, such as e.g. physical goods, digital files, software, booking services etc., and any other types of products separately defined herein, such as Digital Products.
Service - The service provided by this Website as described in these Terms and on this Website.
Terms - All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
United Kingdom - Applies where a User, regardless of nationality, is in the United Kingdom.
User - Denotes the natural person or legal entity using this Website.
User (or You) - Indicates either the natural person or the legal entity using this Website.
Consumer - Consumer is any User qualifying as such under applicable law.
Model withdrawal form
Addressed to:
LYPA SERVICES - 60 RUE FRANCOIS IER 75008 PARIS[email protected]
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
Ordered on: _____________________________________________ Received on: _____________________________________________ Name of consumer(s): _____________________________________________ Address of consumer(s): _____________________________________________ Date: _____________________________________________ (sign if this form is notified on paper)