Terms & Conditions
Last update: 13/07/2023
These General Terms and Conditions of Service (hereinafter "GTCS") are concluded between Gladia, a simplified joint-stock company with a capital of 1,275.52 euros, registered with the RCS of Rennes and whose head office is located at 38 Rue de la Tremblaie 35510 CESSON-SEVIGNE, France; and any person or entity ("Customer") using the Gladia Services.
These GTCS govern the sales and services performed by Gladia. They constitute the entirety of the General Terms and Conditions of Services and replace, cancel and/or invalidate any contractual element previously concluded between the Parties concerning the provisions dealt with therein.
Any other document issued by Gladia, in particular catalogues, prospectuses or advertisements, is only informative and indicative, not contractual.
These General Terms and Conditions of Service constitute a proposal for commercial conditions subject to discussion that may be supplemented by special conditions provided for in the Service Contract which, in case of contradiction, will prevail over the General Terms and Conditions of Service. In the absence of express written acceptance by Gladia, any stipulation contrary to these GTCS made by the Customer, in particular in the Customer's General Terms and Conditions of Purchase or any other document, will be unenforceable against Gladia, regardless of when it may have been brought to its attention. The same applies to additions, omissions or modifications to any of the provisions of these GTCS that aren’t expressly accepted in writing by Gladia.
Agreements that may derogate from one or more clauses of these General Terms and Conditions replace only the clause(s) in question. The other clauses remain fully applicable.
The signature, including electronic, of the special conditions by the Customer implies the latter's acceptance of these General Terms and Conditions of Service of Gladia, which reserves the right to refuse specific terms in a customized Service Contract, in particular in the event of the Customer's insolvency, a previous payment incident or a request made in bad faith.
These GTCS are accessible on Gladia's website and may be addressed or delivered to each Customer requesting it. Gladia is free to modify these GTCS at any time. The changes thus made enter into force as soon as they are notified to the Customer by e-mail or on his personal space, with the exception of the special conditions already accepted by the latter. The version of the GTCS in force on the date of the Service Contract’s signature is applicable to the Customer.
The English version of these GTCS shall prevail over any translation.
Terms defined in the Service Contract have the same meanings when used in these GTCS.
The following terms are further defined herein:
"GTCS": means these Gladia General Terms and Conditions of Service.
"Customer(s)": refers to Gladia's contracting partner, a person or entity to whom Services are provided by Gladia free of charge or against payment.
"Service Contract": refers to an offer to provide Services and/or the solution made by Gladia including the special conditions of service.
"Agreement": includes the General Terms and Conditions of Use, the General Terms and Conditions of Services, the Service Contract and the Data Processing Agreement.
"Content": collectively defines the information imported into a Gladia Service ("Input") and the result generated ("Output"). The Content may contain Data.
"Data": any data, personal or not, generated, declared or imported by a Customer during the use of a Gladia Service.
"Payment Method" means a current, valid, accepted and updatable method of payment (bank card or bank transfer according to the service offered).
"Service(s)" means the various services and solutions created and/or administered by Gladia.
"AIPI" means an application programming interface with artificial intelligence created and/or administered by Gladia.
3. Purpose of the GTCS
The purpose of these GTCS is to set out the contractual provisions relating to the respective rights and obligations of Gladia and its Customer in relation to the provision of Services offered by Gladia.
Gladia provides the Customer with Services provided free of charge or against payment under the conditions defined in the Service Contract. The contractual documents making up the Agreement are mutually explanatory. However, in the event of any contradiction or discrepancy between the terms of these contractual documents, the provisions of the Service Contract shall prevail over the others.
No revision, modification or amendment of the terms of this Agreement shall be effective unless duly agreed in writing between the Parties. The Parties expressly agree that Gladia is bound by an obligation of means, unless expressly agreed otherwise in the Service Contract.
4. Gladia’ Services
4.1. Services offered
Gladia provides the Customer with its artificial intelligence solution in a single application programming interface (AIPI) compatible with the Customer's existing infrastructure (application integrations, development kit – SDK) allowing, in particular, from audio or video content, to:
- Transcribe information, including dialogue in live or asynchronous;
- Detect and separate speakers;
- Translate Input information and perform code-switching (ability to transcribe a dialogue despite language changes during conversation);
- Summarize Input information;
- Recognize emotions and analyze feelings;
- Classify conversations;
- Extract keywords;
- Detect intentions.
Gladia's solution is available as a "Free Offer" and a "Pro Offer" whose conditions are defined in the Service Contract according to the offer chosen by the Customer.
More details on the conditions for the provision of these Services are specified in the Service Contract signed between Gladia and the User.
Any request by the Customer to modify the Service subscribed must be the subject of a new subscription.
4.2. Evolution of Services
Gladia may, at any time and by right, modify the Services, including adding, modifying or deleting ranges, options or features and enhancing their performance. The Customer will be notified of this change in Service seven (7) days before its implementation. If the Customer is dissatisfied with this change, he may terminate the said Service by registered mail with acknowledgement of receipt or via the form provided for this purpose in his user space, within thirty (30) days from the implementation of the change.
4.3. Documentation of Services
Gladia provides the Customer with online resources on the Gladia Website that allow the Customer to learn about and understand the characteristics of the Services offered. These resources may include (i) information on the various functionalities, configurations, options and ranges available, and (ii) documentation or technical guides of use of the Services, allowing a better understanding and use of the Services.
Before using the Services, the Customer agrees to read all the provisions of the Agreement and to study all available documentation, configurations, options and available in order to select the Services and characteristics adapted to its needs. The Customer ensures that the Services are adapted to the legal and regulatory requirements applicable to the activities carried out in the context of the use of the Services.
The Customer may obtain additional information concerning the Services by contacting Gladia Support under the conditions provided in the Service Contract or by Discord.
5. Specific developments
As part of their commercial relations, the Customer may ask Gladia to carry out specific developments not provided for in the article "SERVICES OFFERED", created to measure for the needs of the Customer (hereinafter the "Specific Developments"), in return for invoicing made on quote and provided for in an additional contract and a written order form.
Each of these Specific Developments will be the subject of a specific quote valid for thirty (30) working days from the date of sending. After this period, Gladia's commercial proposal shall be considered null and void. A new quote must therefore be requested by the Customer.
Prior to the preparation of the order form, the Customer must present to Gladia his functional needs and objectives, to enable it to perform its obligation of advice in the best conditions.
The Customer agrees to provide information to Gladia. He must provide Gladia with all useful information enabling it to assess the feasibility and suitability of his needs, possibly formalized in the form of sufficiently explicit specifications. The proper performance of Gladia's consulting obligation will depend on the communication and accuracy of the information provided by the Customer. Gladia considers all information provided by the Customer to be sincere and true. In the event of changes in any of this information, the Customer agrees to inform Gladia as soon as possible, by any written means referring to the contract number. Gladia can’t be held responsible for the incorrect delivery of the Specific Developments if this was caused by the Customer's incorrect, incomplete or late provision of information.
The Customer undertakes to make every effort to facilitate the availability of its competent services with regard to Gladia, in order to enable the latter to carry out its mission in the best conditions. In any event, if during the performance of the Agreement, the Customer is requested by Gladia to give his consent, he must make known his response without delay. Any delay will be charged to the delivery times agreed between the Parties.
The Customer undertakes to made any effort to facilitate the availability of its competent services to Gladia, to enable it to carry out its mission in the best conditions. If, during the execution of the Agreement, the Customer is asked by Gladia to give its consent, it must make its response known without delay. Any delay will be charged to the time limits agreed upon between the Parties.
The Specific Developments thus developed and made available to the Customer will remain the property of Gladia.
The prices of the Services are determined in the Service Contract sent to the Customer. These prices are expressed in Euros and are exclusive of taxes. Any discount granted is unique and doesn’t entail any rights for the future.
The subscription fee for the Gladia Services will be charged to the Payment Method chosen by the Customer on the specific payment date indicated on the "Billing" page. The length of the billing cycle will depend on the type of subscription that the Customer chooses when he signed up for the Service and defines in the Service Contract. In some cases, the payment date may change for example if the Payment Method hasn’t successfully settled, when the Customer change his subscription plan or if he paid subscription began on a day not contained in a given month.
The Customer is liable for any amount not debited. If payment fails due to Payment Method expiration, insufficient balance, or otherwise, and Customer doesn’t cancel the subscription, Gladia may suspend access to the Services until the payment done.
6.2. Price revision
Unless otherwise stated in the Service Contract, agreed prices and subscriptions may be revised from time to time by Gladia to meet increased operating costs.
However, any changes to pricing or subscriptions will only be applicable after a minimum period of thirty (30) days following receipt of an email notification from Gladia. If the Customer doesn’t wish to accept the pricing or subscription change, he may cancel the subscription before the changes take effect.
6.3. Terms of payment
Customer's subscription to Gladia's Services continues until terminated. To use the Services, Customer must provide Gladia with one or more valid and accepted Payment Methods. This Payment Method may be updated.
Unless Customer terminates its subscription prior to the billing date, he authorizes Gladia to charge him the subscription fee for the next billing cycle to its payment method (see "Termination").
Gladia uses Hyperline’s billing services (https://www.hyperline.co/) and Stripe’s payment services (https://stripe.com/).
Unless otherwise provided in the Service Contract, the balance will be payable on the date the invoice is issued by Gladia.
All shipping costs, travel costs or taxes (including VAT in force at the time the Service Contract is signed) are the responsibility of the Customer. Unless otherwise stipulated, quotes drawn up by Gladia remain valid for thirty (30) calendar days.
The Customer may not create more than one personal space to benefit from the Services of the "Freemium Offer". Gladia may invoice the Customer or suspend his access to the Services if he uses the "Freemium Offering" in bad faith.
7. Late or non-payment
7.1. Late payment penalties
In the event of non-payment of an invoice when due, Gladia may claim from the Customer, after prior notice of default and until the effective payment date, late payment interest equal to the European Central Bank's semi-annual key rate (refinancing rate or Refi), in effect on January 1 or July 1, increased by 10 points.
Example: 10.00% (0.00 + 10) for penalties due since July 1, 2019
This rate is applied to the entire amount of the invoice due, including VAT, and without prejudice to the application of the retention of title clause mentioned below.
7.2. Compensation for recovery costs
Gladia may also charge an additional flat-rate penalty of forty (40) Euros for recovery costs, without prejudice to its right to claim from the Customer the reimbursement of all expenses incurred to collect the unpaid amounts, if these expenses are higher than the above-mentioned flat-rate penalty. The indemnity for recovery costs applies to each invoice paid late, and not to all the invoices concerned. It is due per invoice.
7.3. Termination clause
Gladia reserves the right, in the absence of payment of the invoice on its due date, to suspend the execution of orders in progress until the resolution of the payment incident (suspension of access to the Services), to refuse any new order and/or request for a quote from the Customer or to close the Customer's personal space.
Under no circumstances may payments be suspended or offset in any way without Gladia's prior written consent.
8. Contract formation and information
The Agreement is validly concluded between the Parties upon receipt by Gladia of a purchase order by the Customer, accepting Gladia's General Terms and Conditions of Use, these GTCS, the Service Contract and the Data Processing Agreement.
However, the Service Contract is considered validly formed only after Gladia obtains sufficient guarantees as to the payment it may request.
The Parties will execute these Conditions independently and will be personally responsible for all obligations and formalities that will result from their activity and, in particular, administrative, social and tax obligations and formalities. Gladia's staff, responsible for performing the services covered by these GTCS, will remain under the hierarchical and technical responsibility of Gladia. A Party isn’t authorized to assume or create obligations on behalf of the other Party and undertakes not to take any action that would create the appearance of such authorization.
Gladia undertakes to perform, in accordance with the standards and regulations in force, the obligations defined in the Agreement. Unless otherwise agreed, the obligations contracted by Gladia are obligations of means. Furthermore, Gladia can’t guarantee the impact of its services on the Customer's turnover.
Gladia is responsible for the solutions it has developed itself. However, Gladia isn’t responsible for the design and operation of the solutions that would be published by third parties and used by the Customer. Gladia can’t, under any circumstances, guarantee the Customer the quality and proper functioning of these third-party solutions.
Gladia draws the Customer's attention to the importance of updating the solutions provided to resolve known bugs and malfunctions, but also to close security gaps.
Gladia can’t be held liable in the event that the Services are used or hosted by the Customer in abnormal, unsuitable or incompatible conditions with their proper functioning, or in the event that the malfunction or failure is caused, even partially, by behavior attributable to the Customer or a third party. The Customer undertakes to use Gladia's Services in accordance with Gladia's General Terms and Conditions of Use, the regulations in force and to comply with all its legal obligations towards the competent authorities and its own customers. Gladia can’t be held responsible for projects it has submitted to the Customer and for which it has obtained its agreement, in particular in the event of a liability action.
When Gladia's liability is incurred as a result of a fault on its part, compensation shall apply only to direct, personal and certain damages that the Customer has suffered, to the express exclusion of compensation for all indirect and immaterial damages and/or prejudices, such as financial damages, damage to image, etc. The amount of damages that Gladia may be required to pay under the aforementioned conditions is in any case limited to the amount of the price specified in the Agreement for the sales and services in question, or the annual value of the Agreement if it exceeds a full year.
Gladia undertakes to take out a liability insurance policy. Gladia shall not be liable for facts or faults made by its employees outside the scope of the missions provided for in the Agreement, and taken on their own initiative.
If one of the Parties doesn’t comply with the Agreement, the other Party will send it a formal notice. The formal notice shall be in writing and shall specify in reasonable detail the nature of the error or non-performance, giving the defaulting Party a reasonable period of time to remedy it.
Without limitation and in accordance with the General Data Protection Regulation (GDPR - Regulation 2016/679 of 27 April 2016):
(i) The Customer is a data controller within the meaning of the GDPR. It authorises its subcontractor Gladia to process on its behalf the personal data necessary to provide the Service(s) provided for in the Subcontracting Agreement established by the Parties.
(ii) The allocation of responsibilities of the Parties, pursuant to the GDPR, is also provided for in the Data Processing Agreement established by the Parties.
Regardless of any commercial guarantee that may be granted to the Customer, Gladia remains liable for any lack of conformity of its digital services in accordance with Articles L. 224-25-12 et seq. of the French Consumer Code.
The Customer shall be entitled to the legal warranty of conformity when a lack of conformity appears during the term of the Agreement or, failing that, for a period of two (2) years from the provision of the digital service when the Agreement exceeds this term. During this period, the Customer is only required to establish the existence of the lack of conformity and not the date of its appearance. The legal warranty of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital service during the validity of the Agreement. The legal guarantee of conformity entitles the Customer to have the digital service brought into conformity without undue delay following his request, at no cost and without any major inconvenience to him. The Customer may obtain a price reduction by retaining the digital service, or he may terminate the Agreement with a full refund in exchange for renunciation of the digital service, if:
(i) Gladia refuses to bring the digital service into compliance;
(ii) The compliance of the digital service is unjustifiably delayed;
(iii) The digital service can’t be brought into compliance without imposing costs on the Customer;
(iv) The compliance of the digital service causes a significant inconvenience for the Customer;
(v) The non-compliance of the digital service persists despite Gladia's unsuccessful attempt to comply.
The Customer is also entitled to a price reduction or termination of the Agreement when the lack of conformity is so serious that it justifies the immediate reduction in price or termination of the Agreement immediately. In such cases, the Customer isn’t obliged to request the compliance of the digital service beforehand.
In cases where the lack of conformity is minor, the Customer is only entitled to cancel the Agreement if it doesn’t provide for the payment of a price.
Any period of unavailability of the Digital Service for the purpose of bringing it back into conformity suspends the warranty that was still running until the Digital Service is provided again in conformity.
These rights result from the application of Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
If Gladia obstructs in bad faith the implementation of the legal warranty of conformity, the company is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (article L. 242-18-1 of the French Consumer Code).
The Customer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the French civil code, for a period of two (2) years from the discovery of the defect. This guarantee entitles the Customer to a price reduction if the digital service is retained, or to a full refund in exchange for renouncing the digital service.
To exercise these guarantees, the Customer must contact Gladia by email: firstname.lastname@example.org
The guarantees don’t cover (non-exhaustive list):
- defects or damage resulting from accidents, negligence, misuse or abnormal use;
- defects and their consequences related to use not in accordance with the use for which the Services were intended (professional use, collective use, etc.).
- failures, defects or damages resulting from the use of the Services in conjunction with accessories, materials or accessory/peripheral equipment that are not provided or approved by Gladia;
- any defect or physical damage resulting from testing, operation, maintenance, installation, service or adjustment not performed or approved by Gladia;
- defects or damage resulting from external causes;
- defects or damage resulting from the reception or transmission of the cellular signal, or viruses and other software problems affecting the Services, unless caused by Gladia;
- Defects resulting from a delay or lack of updates recommended by the publisher.
Any request for the implementation of the contractual guarantee is admissible only if it is made in writing and if the Customer is up to date with its financial obligations towards Gladia.
11. Right of withdrawal
In accordance with the legal provisions in force, the Customer has fourteen (14) days from the signing of the Agreement to exercise his right of withdrawal without having to justify reasons or pay a penalty. The Customer may exercise his right of withdrawal by email: email@example.com
When the Customer is a professional, he must meet the following conditions to benefit from the right of withdrawal:
(i) the Agreement must be concluded off-premises: to be able to invoke a right of withdrawal, the Agreement can’t have been concluded on the premises of the professional Customer;
(ii) the object of the Agreement must not be within the main field of activity of the professional Customer;
(iii) the Customer must have less than 5 employees.
In case of withdrawal, the Customer will no longer have access to the Service from the acknowledgment of receipt of Gladia sent by email.
The right of withdrawal, if validly exercised, allows the Customer to obtain a refund of the Services concerned, less an amount prorated in proportion to the number of days during days during which said the Services were made available to the Customer.
The Customer may not exercise his right of withdrawal in the cases provided for in Article L221-28 of the French Consumer Code, in particular for the Services fully executed before the end of the withdrawal period and the Services made to the Consumer's specifications or clearly personalized. In this case, the Customer is informed in the Service Contract and is invited to waive his right of withdrawal.
12. Force majeure
Gladia incurs no liability in the event of non-performance or delay in the performance of any of its obligations if it results from a case of force majeure or fortuitous event.
Are considered as cases of force majeure or fortuitous events, events beyond the control of the Parties, which they couldn’t reasonably have been required to foresee, and which they couldn’t reasonably avoid or overcome, insofar as their occurrence makes it totally impossible to perform the obligations.
In particular, Gladia is treated as cases of force majeure or fortuitous event relieving Gladia of its obligation to deliver or perform the service within the time initially planned: strikes or social disputes, epidemics, wars, production stoppages due to fortuitous breakdowns, climatic phenomena, fires, lack of IT equipment, disruptions in supply or supply of energy or telecommunications and Internet network not attributable to Gladia, etc, as well as any other event considered by law or case law as a case of force majeure.
In such circumstances, the Service Contract will be automatically suspended without compensation, from the date of occurrence of the event. Gladia will inform the Customer without delay. The obligations are suspended upon receipt of the information and resumed within a reasonable time after the cessation of force majeure. If the event lasts more than three (3) months from the date of its occurrence, the Service Contract may be terminated by the most diligent Party, by registered letter with acknowledgment of receipt, without either Party being able to claim damages.
The Parties nevertheless remain responsible for the performance of our respective obligations which are not affected by force majeure and any payment obligation.
13. Data protection
During its contractual relationship with the Customer, personal data is processed by Gladia to:
(i) Comply with the instructions of the Customer, responsible for the processing;
(ii) Monitor and execute the business relationship between Gladia and its Customer.
The Customer's representatives or employees, natural persons, may exercise their rights of access, rectification, opposition, erasure and portability by contacting Gladia's Data Protection Officer at one of the addresses below, in accordance with the GDPR:
- by e-mail: firstname.lastname@example.org
- by post: 38 Rue de la Tremblaie 35510 CESSON-SEVIGNE, France
In order for this request to be managed as efficiently as possible, it is necessary to indicate:
(i) the processing(s) concerned by the request
(ii) the right(s) that the data subject wishes to exercise.
If, despite Gladia's best efforts, the author of the request considers that his rights have not been respected, it is possible to refer the matter to the French authority (Commission Nationale de l'Informatique et des Libertés - CNIL): https://www.cnil.fr/fr/agir
Each Party shall, at all times, comply with its respective obligations under the Data Protection Regulations as well as under the Data Processing Agreement with respect to all personal data that are processed under the Agreement.
The Parties shall designate one or more contact persons for each of them. The request or provision of information and data can only be made through them. The Parties undertake to:
(i) not to disclose to third parties any confidential information to which they have access under the Agreement;
(ii) not to use this information for purposes other than the performance of the Agreement;
(iii) and to disclose such information only to employees, appointees and representatives to the extent necessary for the performance of the Agreement provided that such Parties are bound by substantially similar confidentiality obligations under the Agreement.
All manufacturing or business secrets or processes, as well as any specifications, financial, commercial or technical information, know-how, reports or other information of any kind relating directly or indirectly to the affairs of the Parties communicated by one of them to the other for the purposes of the negotiation and execution of these GTCS or of which they become aware on that occasion, shall be considered confidential. This Confidential Information will remain confidential during the contractual relations of the Parties and after their termination for a period of five (5) years, regardless of the cause.
Each Party shall also refrain from disclosing them in any manner or for any reason whatsoever and from using them for any purpose other than those provided for herein. The Parties undertake to take all necessary measures to ensure compliance with the obligations resulting from this provision by all employees, employees or agents representing and partners.
15. Personal and non-solicitation
Gladia retains the right to determine in advance which consultant will be assigned to the mission as well as the right to change the consultant during the engagement. Gladia's consultants can never be considered as Customer's workers. Customer, its workers or agents aren’t authorized to give instructions to Gladia workers and will expressly refrain from exercising any type of authority over Gladia workers. The Parties therefore explicitly agree and acknowledge that the legal relationship created between them is that of two independent legal persons. The Parties shall comply with all legal, social, fiscal and commercial obligations applicable to any independent enterprise.
Each of the Parties gives up, unless previously agreed in writing, to make directly (hiring) or indirectly offers of engagement (e.g. as a consultant, independent advisor, through a company, etc.) to a collaborator, employee or not, of the other Party assigned to the execution of these GTCS. This clause shall apply for the entire performance of this Agreement and for a period of two (2) years from its termination, regardless of the cause and origin thereof. Failure to comply with this provision will be sanctioned by the payment of compensation at least equal to twice the amount of the gross annual salary of the employee (including the benefits to which the worker concerned was entitled and the employer's contributions) or the annual value of the fees due. Amounts due under this non-solicitation clause constitute damages, not penalties.
16. Intellectual property
Each Party shall respect all intellectual property rights of the other Party and any third party. The Parties shall refrain from alienating, pledging or transferring to third parties the intellectual property rights of the other Party without its express written consent.
Unless otherwise stipulated, Gladia retains the intellectual property of all creations and inventions designed by it for the purposes of performing the services or solution ordered by the Customer, including the associated know-how.
If applicable, Gladia will grant Customer, for the term of the Agreement and as a service, a nominative, limited, non-exclusive, non-transferable license to use the Services set forth in the Service Contract as part of its internal business activities ("Use License"). This User License terminates at the end of the Agreement. The rights granted also concern open-source modules, subject to the Customer's compliance with the terms and conditions of the open-source licenses. Customer agrees to use the documentation associated with the Services only for the purposes of exercising the rights granted under the Agreement with Gladia.
Unless expressly agreed in writing by Gladia, the Customer shall not:
(i) use the Services for purposes other than those for which the User License was granted to it;
(ii) use the solution in a manner not in accordance with its normal use and the General Terms and Conditions of Use;
(iii) grant any sublicense;
(iv) modify or alter the licensed rights;
(v) transfert Gladia's Services free of charge or for valuable consideration.
Gladia reserves the right:
(i) implement updates, upgrades and new versions of the Services, possibly against payment of applicable prices; and
(ii) suspend without compensation access to the Services for a reasonable period of time for maintenance or installation purposes.
In the latter case, Gladia will inform the Customer within a reasonable time.
17. Term and termination
The effective date of the Agreement, its duration, notice periods and any automatic extensions are described in the Service Contract. Unless otherwise stipulated, access to the Service will be available upon receipt of the signed Service Contract, the services provided and the costs incurred being invoiced from this date. Unless otherwise stipulated, the Agreement is established for a period of one (1) month, from the date of signature of the Service Contract, renewable by tacit agreement.
On his personal space, the Customer may terminate his subscription at any time and continue to have access to the Services until the end of the billing period. Payments are non-refundable and Gladia will not issue refunds or credits for periods of partial use, or for any unused Services.
The death, notorious incapacity, liquidation or bankruptcy of the Customer entails the automatic and early termination of the Agreement. In the event of known incapacity or bankruptcy, the Agreement terminates automatically when payments to Gladia are suspended.
Gladia may suspend access to the Services and terminate the Agreement if (i) Customer fails to comply with the Agreement, (ii) if his use represents a security risk to Gladia or a third party (iii) or if Gladia suspects that his use is fraudulent or could expose Gladia or a third party to liability. If the Customer terminates his subscription, his account will be automatically closed at the end of the current billing period.
18. Effect of termination
Upon termination, the Customer will no longer have access to the Services subscribed to and, unless otherwise stipulated in the Service Agreement, Gladia will delete the Content and Data associated with the account.
However, when closing a user area that has subscribed to the "Freemium Offer", Gladia reserves the right to retain the Data to help develop and improve the performance of the Services (model training) in accordance with the Service Agreement.
In the event of early termination of the Agreement by one of the Parties, Gladia will not refund the sums received for the provision of services.
These General Terms and Conditions of Service may be signed in paper or electronic form. The Parties recognize that:
(i) these GTCS in electronic form have the same evidentiary value as the paper agreement;
(ii) the identifiers and computer records are admissible in court and provide evidence of the data, consents and facts contained therein and the signatures they express;
(iii) time marks (timestamps) are admissible in court and are evidence of the data and facts contained therein;
(iv) documents exchanged in electronic form are admissible in court and provide evidence of the data and facts contained therein;
(v) an electronic signature affixed to a document has the same legal effect as a handwritten signature.
When a signed copy is communicated by e-mail in ".pdf" format or in the form of another exact copy, the signature contained in that copy will create a valid and binding commitment for the signatory Parties with the same value, force and effect as the original signature.
20. Final provisions
Gladia reserves the right to use subcontractors for the performance of the Services. These subcontractors are subject to the same obligations as Gladia in the performance of the services.
Gladia reserves the right to replace any person who will be subrogated to all his rights and obligations under the contractual relationship with the Customer. Gladia will inform the Customer of any substitution by any written means, including by email.
If one or more stipulations of the Conditions are declared null and void by application of a law, a regulation or following a final judicial or administrative decision, the other stipulations will retain their force and scope. Gladia will make its best efforts to proceed as soon as possible to replace the invalid stipulation by a valid stipulation of a scope closest to the spirit hereof.
The fact that one of the Parties hasn’t required the application of any clause of these conditions, permanently or temporarily, can in no way be considered as a waiver of said clause.
21. Governing law
These GTCS are subject to French law.
The Parties will endeavor to resolve amicably any disputes that may arise from the interpretation or execution of these GTCS within thirty (30) days of the date of occurrence of such disputes.
In the event of a dispute, the User may freely resort to the following Mediator for an amicable settlement:
Consumer Mediation Centre of Justice Conciliators (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris, France
Phone: +33 (0)6 09 20 48 86
Web site: https://www.cm2c.net
If the User is a foreign consumer but located in the European Union, he can go to the Dispute Resolution in European Consumer Law.
In the absence of an amicable agreement, all disputes to which these GTCS may give rise, concerning their validity, interpretation, execution, termination and consequences will be submitted to the competent French authority.
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