Terms and Conditions

1. Overview

(Last Updated: 23.01.2025)

These Terms and Conditions (“Terms”) constitute a legally binding agreement between AITIAL Logiciel SAS (“Company,” “we,” “us,” or “our”), registered at 78 AVENUE DES CHAMPS ELYSEES, BUREAU 326, 75008 PARIS, FRANCE (SIREN: 984 444 695, SIRET: 984 444 695 00014), and you (“User,” “you,” or “your”) regarding the use of Datuxa AI Software (“Software”).

2. Definitions

2.1. “Software” means Datuxa AI Software, a desktop application for data analysis.

2.2. “License” means the right to use the Software under these Terms.

2.3. “Subscription” means the recurring payment plan chosen by the User.

2.4. “Trial Period” means the initial 7-day free trial period.

2.5. “Personal Data” means any information relating to an identified or identifiable natural person.

2.6. “Service” means the provision of the Software and related support services.

3. Acceptance

3.1. By downloading, installing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms.

3.2. Age Requirement: You must be at least 16 years old to use the Software. By accepting these Terms, you confirm that you meet this age requirement.

3.3. If you are entering into these Terms on behalf of a business entity, you represent that you have the authority to bind such entity.

3.4. If you do not agree with any part of these Terms, you must not use the Software.

4. License Types

4.1. The Software is available under the following license tiers:
– Individual License: 1 user
– Small Team License: 2 users
– Business License: 10 users
– Corporate License: 100 users
– Enterprise License: 1000 users
– Industrial License: 1000 users

4.2. Payment Plans
Each license tier is available with the following payment options:
– Monthly subscription
– Annual subscription
– One-time perpetual license

4.3. Trial Period
– A 7-day trial period is available for evaluation purposes
– Full functionality is provided during the trial period
– No payment information is required to start the trial

4.4. License Restrictions
– Licenses are non-transferable
– Resale of the Software is strictly prohibited
– Users may not exceed the number of users specified in their license tier
– Each user must have a unique login credential

5. Usage Rights

5.1. Subject to these Terms and payment of applicable fees, we grant you a:
– Non-exclusive
– Non-transferable
– Non-sublicensable
– Revocable
right to use the Software.

5.2. You may:
– Install and use the Software on compatible Windows OS devices
– Create backups of data processed through the Software
– Access updates and support as provided under your license tier

5.3. You may not:
– Modify, reverse engineer, decompile, or disassemble the Software
– Create derivative works based on the Software
– Remove any proprietary notices or labels on the Software
– Use the Software for any illegal or unauthorized purpose
– Sell, lease, loan, distribute, or sublicense the Software
– Use the Software in a way that violates any applicable laws or regulations

6. Payment and Billing

6.1. Payment Terms
– All fees are in euros
– Subscription fees are billed in advance
– One-time purchase fees are due in full at time of purchase

6.2. No Refund Policy
– No refunds are provided for any purchases
– A free 7-day trial is available to evaluate the Software
– Users are encouraged to fully test the Software during the trial period

6.3. Subscription Renewals
– Monthly and yearly subscriptions renew automatically
– You may cancel auto-renewal at any time
– Cancellation takes effect at the end of the current billing period

6.4. Failed Payments
– Access may be suspended for failed payments
– Multiple failed payments may result in account termination

7. Technical Requirements and Support

7.1. System Requirements
– Operating System: Windows OS
– Internet connection required for activation and updates
– Additional requirements may be specified in the Software documentation

7.2. Support Services
– Technical support is provided via email
– Support availability: Business days
– Response times are provided on a best-effort basis
– Support is limited to Software functionality issues

7.3. Updates
– Software updates are provided periodically
– Updates may include bug fixes, security patches, and new features
– Installation of critical security updates may be mandatory
– Update frequency is at Company’s discretion

8. Termination

8.1. Termination by User
– You may terminate your subscription at any time
– No refunds will be provided for early termination
– Access continues until the end of the current billing period

8.2. Termination by Company
We may terminate or suspend your access immediately if:
– You breach these Terms
– You fail to pay applicable fees
– We suspect fraudulent activity
– Required by law or regulation

8.3. Effect of Termination
Upon termination:
– Access to the Software will cease
– You must destroy all copies of the Software
– You remain liable for all fees incurred
– Sections pertaining to intellectual property and confidentiality survive

9. Warranties and Disclaimers

9.1. Limited Warranty
– The Software is provided “as is” and “as available”
– We do not warrant that the Software will be error-free or uninterrupted

9.2. Disclaimer
We disclaim all warranties, express or implied, including:
– Merchantability
– Fitness for a particular purpose
– Non-infringement

9.3. Limitation of Liability
– We shall not be liable for any indirect, incidental, or consequential damages
– Our total liability shall not exceed the amount paid for the Software in the past 12 months

10. General Provisions

10.1. Governing Law
– These Terms are governed by French law
– Any disputes shall be subject to the exclusive jurisdiction of the courts of Paris, France

10.2. Modifications
– We reserve the right to modify these Terms
– Users will be notified of significant changes
– Continued use after changes constitutes acceptance

10.3. Severability
– If any provision is found invalid, remaining provisions stay in effect
– Invalid provisions shall be replaced with valid ones reflecting original intent

10.4. Contact Information
AITIAL Logiciel SAS
78 AVENUE DES CHAMPS ELYSEES, BUREAU 326
75008 PARIS, FRANCE
support (at) datuxa.com