I. SCOPE OF CURRENT TERMS
Users acknowledge having read and understood these terms and hereby accept to be bound by them. The current terms shall prevail over any other contractual document issued by Users.
II. ABOUT BULLDOZAIR
The BulldozAIR is provided by Blockbase SAS, a simplified stock company with a capital of €44 961,00, registered with a Trade and Corporate Registry in Paris under the number 751 564 006, with its main office located at 130 Lourmel st. 75015 Paris France (hereinafter “Blockbase”).
III. DESCRIPTION OF SERVICES
Users may use BulldozAIR and its differents features according to their Plan subscription (hereinafter “Plan”).
IV. ACCOUNT REGISTRATION
4.1. To access and use BulldozAIR, User must be legally capable of entering into binding agreement and abide by all applicable law. Users must use BulldozAIR for professional purposes only.
Users must create an Account and provide following information:
- First and Last name
- Email address
- Company name
The email address must remain valid as long as the Account remains active. Users are responsible of updating their email address if necessary.
The User guarantees that all information provided is accurate, current and truthful and are not vitiated by any misleading. It undertakes to update this information in his personal Account for changes, so that they always meet the above criteria.
4.2. The User agrees to use BulldozAIR personally and not allow any third party to use in its place or on its behalf, except to bear full responsibility.
The User is responsible for maintaining the confidentiality of his password. Users are responsible for the loss or theft of their password if it is proven that the fault is attributable to them. It must immediately contact BulldozAIR if he notices that his Account was used without his knowledge. BulldozAIR has the right to take appropriate measures in such cases.
5.1. The services provided is subject to fees. Upon signing up to your account a suitable Plan must be selected in order to define the fee rate. The rate of the Fee is different for each Plan.
5.2. The fee is charged in advance on a monthly or annually basis according to the Plan.
5.3. Applicable Fees may differ and may be displayed in different currencies depending on the Users’ location (excluding taxes if applicable).
5.4. Each User is entitled to a free trial. At the end of the period, the access will be deactivated if no Offer has been selected. BulldozAIR has the right to delete the account permanently.
6.1. Payment is made by direct debit from the User’s credit card number. All fees due under current Terms are payable upfront.
6.2. The User guarantees to BulldozAIR that it has the necessary authorizations to use the chosen payment method.
6.3. The use of BulldozAIR is subject to invoices that are communicated to the User by any useful means.
6.4. In the event of late payment, Users will be subject to a lump sum of forty (40) euros. Any delay in the payment shall give rise to the payment of interest by Users on the outstanding amount from the due date. The interest rate corresponds to the rate applied by the European Central Bank, on the due date, for its operations in euros, increased by 10 percentage points.
VII. USER’S OBLIGATIONS
7.1. Without prejudice to other obligations hereunder, the User comply with following obligations:
- to provide BulldozAIR with truthful and actual personal data and to update it as needed so that it remains complete and accurate;
- to use BulldozAIR pursuant to its destination and under the current Terms;
- to respect the laws and regulations and does not infringe the rights of third parties or the public order;
- not to harm BulldozAIR’s reputation or defame BulldozAIR;
- not to engage in any conduct that would interrupt, destroy, limit or more generally harm BulldozAIR or enable Users to gain unauthorized access and use BulldozAIR, including by using viruses, malicious code, programs or file;
- to only register for one (1) free trial
In case of any violations above, BulldozAIR reserves a right to cancel an Account and/or to block Users without any notice, nor indemnification.
7.2. Users are solely responsible for the content.
7.3. Users agree to comply with all legal requirements and regulations, particularly those related to their Personal Data, including making all required filing with the local data protection authority.
7.4. Users undertake to respect the rights of third parties, including personality rights, rights of intellectual or industrial property such as copyrights, patent rights, designs, and trademarks.
VIII. BulldozAIR RESPONSIBILITY AND GUARANTEES
8.1. BulldozAIR agrees to provide the Services with due diligence, as being specified to the exclusion of any obligation of a result that Users acknowledge and specifically accept.
8.2. BulldozAIR not aware of contents posted by Users in BulldozAIR, on which it performs no moderation, selection, audit or control of any kind.
8.3. BulldozAIR undertakes to conduct regular checks to verify the functioning and accessibility of BulldozAIR. As such, BulldozAIR reserves the right to interrupt access to BulldozAIR for maintenance reasons.
8.4. Under no circumstances shall BulldozAIR be held directly or indirectly responsible for any damage caused to Users or to any third party due to Users’ fault.
8.5. BulldozAIR does not guarantee expressed or implied, statutory or other performance or results of BulldozAIR.
IX. INTELLECTUAL PROPERTY
9.1. BulldozAIR without any limitations belongs to Blockbase. Users are authorized to use BulldozAIR only pursuant to the License. All rights not expressly granted to Users by current Terms are reserved.
9.2. BulldozAIR website or software are original works protected by intellectual property laws and international conventions.
9.3. Users warrant that they will not modify, lease, borrow, sell or distribute these works, or create derivative works based wholly or partly on it.
9.4. No use of BulldozAIR’s name or trademark may occur without its prior written consent.
9.5. Users hereby acknowledge that Blockbase is the sole owner of its intellectual property rights, particularly of BulldozAIR and should not at any time dispute such ownership or the validity of BulldozAIR’s intellectual property or any of the rights attached thereto.
9.6. The items available on BulldozAIR application or on the website such as software, databases, platform, web pages, text, photographs, icons, tools, sounds, video and more generally all of information available to Users, are owned, fully and exclusively by BulldozAIR.
9.7. Neither party acquires the right of intellectual property on databases or other, nor on its brands, design, displays, graphics or software.
9.8. Users authorized to use BulldozAIR only pursuant to the License.
9.9. The content belongs to Users, who expressly authorize BulldozAIR to use the content and/or any other information or data provided through BulldozAIR in order to provide the subscription.
X. FORCE MAJEURE
Neither party shall be responsible for any failure or delay in performance caused by the forces beyond its reasonable control to the extent of occurrence caused the fires, floods, earthquakes, hurricanes and other natural disasters, regulations or acts of any civilian or military authority or act of any self-regulatory authority, wars, terrorism, riots, civil unrest, sabotage, heft or other criminal acts of third parties.
XI. LINKS AND THIRD PARTY SITES
BulldozAIR will be in no way held responsible for the technical availability of websites or mobile applications operated by third parties which the User would access through the site.
XII. TERM AND TERMINATION
12.1 The term
The current Terms entered into a monthly or annual period and are automatically renewed for the same time period according to the Plan that the User has chosen.
Users may however decide, at any time and without conditions, to remove the automatic renewal.
It is the responsibility of Users to anticipate the end of the Term.
The free trial period is thirty (30) days, unless Users decide to “Subscribe” and requests a subscription.
Termination by User:
Users may terminate at any time, by sending an email or a request letter with receipt notification. Any cancellation of payment for BulldozAIR will take place at the next renewal Term: full month or year are charged for the month, or the year which Users discontinued BulldozAIR. No refunds or credits can be made for partial use of BulldozAIR.
Termination by BulldozAIR:
BulldozAIR reserves the right to terminate at any time in case of User’s non-compliance to the current Terms.
In case of late payment of more than thirty (30) days. BulldozAIR may consider that the Terms have been terminated on the date payment is due.
BulldozAIR reserves the right to unilaterally terminate the Terms if the Content loaded and/or exchanged by Users would create operational problems for BulldozAIR and for BulldozAIR’s servers. Users concerned will be notified by registered letter and will have access to BulldozAIR for a period not exceeding one (1) month. Amounts paid by Users and corresponding to the unexpired Term beyond the above notice will be refunded.
Consequences of Termination:
The termination is effective immediately. It automatically deletes the User’s Account.
BulldozAIR reserves the right, at its own discretion, to modify at any time current Terms by posting a notice through BulldozAIR or by sending a notice to Users via email. Users shall be responsible for reviewing and becoming familiar with such modifications.
The original language of these Terms is French. These Terms may be translated in certain other languages at User’s request. In case of conflicts between the original French version and translations into other languages, the French version shall prevail.
XV. APPLICABLE LAW AND JURISDICTION
Present Terms are governed by the French law.
Courts of Paris shall have exclusive jurisdiction to judge all disputes or controversy arising out or related to the validity, interpretation and / or execution of these Terms.