Chatbot terms of use

The present general conditions of use (hereinafter the “TOU”) are intended to define the conditions of access and use of the Chatbot voclarity conversational agent (recognized in Messenger, WhatsApp, Apple Message, under the name “voclarity”). The conditions are accessible online by the following link: https://voclarity.tech/chatbot-terms-of-use-english/

INTRODUCTION

Is defined as “User” of the Chatbot conversational agent any physical person, exchanging messages with the Chatbot voclarity, whatever the conversational channel. A “conversational channel” means the means of conversation adopted by the User to dialogue with the voclarity Chatbot.
The use of the conversational channel in an occasional or regular way by the User is subordinated to the full acceptance and to the integral respect of the clauses, rights and obligations resulting from the present TOU.
This use is strictly reserved for the User as defined in these TOU.
The present TOU are written in French in their original version (which can be found at https://voclarity.tech/cgu-chatbot-fr/) which alone is authentic and prevails over any other version. They apply in their entirety as of October 1, 2021. They supersede any other terms and conditions previously issued and may appear on documents or agreed by any other means. Voclarity may modify or update these TOU at any time without notice. Consequently, it is up to the User to regularly refer to the latest version of the TOU available at all times at the address referred to in these TOU.

For any question relating to these TOU, you can contact voclarity:
By email: contact@voclarity.tech
By mail: voclarity
7 place de l’hôtel de ville
93600 Aulnay-sous-bois

1) PURPOSE OF THE CHATBOT VOCLARITY
The chatbot voclarity aims to accelerate the voice messages sent to him. It can be gradually enriched with new services to best meet the demands of users.
The access to the chatbot voclarity is free and is not conditioned to any subscription.

2) ACCESS TO THE CHATBOT VOCLARITY
The chatbot voclarity is accessible from the following electronic devices, mobile or not: smartphone, computer, tablet, subject to their compatibility with the chatbot voclarity.
VOCLARITY is only bound to an obligation of means concerning the accessibility of the chatbot voclarity. VOCLARITY is in no way responsible for any interruptions and the consequences that may result for the User or any third party.
VOCLARITY reserves the right to suspend, interrupt or limit, without prior notice, access to all or part of the chatbot voclarity, including for maintenance and updates necessary for the proper functioning of the chatbot voclarity and related materials, or for any other reason, including technical.

3) USE OF THE CHATBOT VOCLARITY SERVICE
The User declares himself perfectly informed that the data cannot be totally protected against any form of intrusion (hacking). The User acknowledges that it is impossible to guarantee total security to the data transmitted.
Consequently, VOCLARITY cannot be held responsible for any incidents that may arise from this.
The User is forbidden any action likely to hinder or disrupt the proper functioning or technical accessibility of the Chatbot voclarity service.
The User undertakes to access the Chatbot voclarity using a material containing no virus. It is up to the User to take all appropriate measures to protect its own data and / or software from contamination by any viruses circulating on the Internet.
It is forbidden to the User, under penalty of being held civilly and/or criminally liable, to :
Disrupt, block, slow down or alter the normal flow of data exchanged within the Chatbot voclarity, accelerate the rate of scrolling content of the Chatbot voclarity so that the operation of the Chatbot voclarity is modified or altered, or commit any other action with an equivalent disruptive effect on the functionality of the Chatbot voclarity.
Fraudulently access, maintain, hinder or disrupt the information systems of the Chatbot voclarity, including servers, networks connected to the Chatbot voclarity, or refuse to comply with the requirements, procedures, general rules or regulations applicable to networks connected to the Chatbot voclarity.

The User undertakes during the use he makes of the Chatbot voclarity, not to contravene the legislative and regulatory provisions in force to these TOU.
The User is informed that any violation of these provisions is likely to result in legal proceedings and penalties against him.
In general, VOCLARITY disclaims all liability in the event of use of its services that does not comply with the TOU.
VOCLARITY reserves the right to suspend at any time temporarily or permanently the access to the parts of the chatbot voclarity to any User who would not comply with the obligations set out in these TOU.

4) AVAILABILITY OF THE CHATBOT VOCLARITY SERVICE
The chatbot voclarity is available 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the control of VOCLARITY.
However, an interruption for technical maintenance or update may be decided by VOCLARITY, as provided in particular in Article 2 of these Terms. This access in whole or in part of the Chatbot voclarity may be suspended without prior notice to the User.
The response time of the Chatbot depends on the number of people using the service at the same time. The more this number of users is important, the more the response time can be long.
The User is informed that VOCLARITY can terminate or modify the characteristics of the services offered by the voclarity Chatbot, at any time, without notice and without the User having any recourse against VOCLARITY.

5) ACCEPTANCE OF THE RISKS OF THE INTERNET
The User declares to be aware of the risks associated with the Internet and acknowledges that :
Data exchanges on the Internet are relatively reliable and are therefore not protected, particularly against the risks of misappropriation and piracy.
The technical performance of the Internet network, as well as the response time for consulting, querying or transferring data are variable and random.

6) CONTENT OF THE CHATBOT VOCLARITY
The content, presentation and operation of the chatbot voclarity can be modified at any time by VOCLARITY, depending on its business policy and the proper functioning of the chatbot voclarity.

7) INTELLECTUAL PROPERTY
In general, the User shall refrain from infringing the intellectual property rights (copyright, neighboring rights, sui generis right of the producer of databases, trademark law, domain names …) of VOCLARITY and / or any third party.
VOCLARITY is the owner of all intellectual property rights both on the structure and on the content of the voclarity chatbot (texts, logos, images, sound elements, software, icons, layout, database …) or has regularly acquired the rights allowing the exploitation of the structure and content of the voclarity chatbot, without any limitation.
The brands and logos reproduced on the Chatbot voclarity are registered with the competent offices by the companies that own them. Any reproduction of names or logos, by any means whatsoever, without prior authorization of the holder concerned is prohibited.
The non-observance of these prohibitions can constitute an act of counterfeiting and/or unfair and parasitic competition engaging the civil and/or penal liability of the User.

8) MANAGEMENT OF PERSONAL DATA
Through the Chatbot service, voclarity will not collect any personal data. Will be collected:
The preferred language of the user, chosen at the beginning of the conversation with the Chatbot
The preferred speed of acceleration of audio messages
Anonymous profile data from Messenger and WhatsApp (age, gender, city of residence, language) that will be used for statistical purposes.

9) NULLITY OF A CLAUSE
The nullity in whole or in part of one or more provisions of these TOU, under the terms of a legal or regulatory provision or a court decision that has become final, does not entail the nullity of the other provisions or the part of the provision not affected by nullity.

10) APPLICABLE LAW – DISPUTE RESOLUTION

The present General Conditions of Use are subject to French law.
In the event of disputes relating to the interpretation, validity or execution of these TOU, the User and VOCLARITY agree to use their best efforts to settle the dispute amicably.

In accordance with articles L612-1 et seq. of the French Consumer Code, within one year of his written complaint, the consumer, subject to article L.152-2 of the French Consumer Code, has the option of requesting an amicable resolution through mediation, with :
SAS Médiation Solution
222 chemin de la bergerie 01800 Saint Jean de Niost
site : https://www.sasmediationsolution-conso.fr
email : contact@sasmediationsolution-conso.fr

The user may also, if he so wishes, take direct action for the resolution of any dispute arising from or in connection with his contract before the competent state court.