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Terms & Conditions

Find here our terms & conditions for our company & services provided. For more information on our Privacy Policy please follow the link below.

Preamble

ToumAI Voice Analytics is a service provided by ToumAI, S.A.S, with a capital of €35,087 and headquartered at 33 av Amiral Wester Wemyss BP 132 06150 Cannes - SIRET 88506532600021. The company specializes in the development of artificial intelligence software and conversational agent solutions, available through its platform at toumai-voice-analytics.com.

These General Terms and Conditions aim to define the terms of use for the ToumAI Voice Analytics service and its privacy policy.

ToumAI reserves the right, at any time and at its sole discretion, to modify or update these Terms by posting changes on the Site and/or sending a notification by email, preferably 30 days before they take effect. These Terms govern the relationship between ToumAI SAS, referred to as "ToumAI", "ToumAI Voice Analytics", "ToumAI Analytics", or "We", and You, referred to as "The User" or "The Client" or "You", including if you represent an employer or a client.

Any special conditions negotiated between ToumAI Voice Analytics and the User will prevail over these General Terms and Conditions.

ToumAI Voice Analytics is exclusively for professional use and is not accessible to minors under 18 years old or any legal or physical person not adhering to the Contract.

ToumAI Voice Analytics grants You a non-exclusive, nominative, personal, and temporary right of access and use. This grant should not be considered as a transfer of any intellectual property rights over the ToumAI Voice Analytics Service, or any of its components, in your favor.

User Account Management

Using ToumAI Voice Analytics services requires creating an online account. The User is responsible for the accuracy of the information provided and agrees to update their information or notify ToumAI Voice Analytics promptly of any changes affecting their situation.

The User must take all necessary steps to maintain the confidentiality of their account access. The User agrees to ensure the security and confidentiality of personal identifiers associated with their account (including the master account and any associated sub-accounts). You acknowledge and fully accept that you may be held responsible for any damage caused by the use of the account, and that We cannot be held responsible for any fraudulent use on Your part.

In case of fraudulent use of their account, the User agrees to immediately notify ToumAI Voice Analytics and change their access password without delay. Any costs resulting from this unauthorized use will be borne by the User until they notify ToumAI Voice Analytics of this usage.

ToumAI Voice Analytics will not be responsible for any material or immaterial damages resulting from the use of the account by a third party, with or without the User's authorization.

Subscriptions

Using ToumAI Voice Analytics services requires creating an online account. The User is responsible for the accuracy of the information provided and agrees to update their information or notify ToumAI Voice Analytics promptly of any changes affecting their situation.

The User must take all necessary steps to maintain the confidentiality of their account access. The User agrees to ensure the security and confidentiality of personal identifiers associated with their account (including the master account and any associated sub-accounts). You acknowledge and fully accept that you may be held responsible for any damage caused by the use of the account, and that We cannot be held responsible for any fraudulent use on Your part.

In case of fraudulent use of their account, the User agrees to immediately notify ToumAI Voice Analytics and change their access password without delay. Any costs resulting from this unauthorized use will be borne by the User until they notify ToumAI Voice Analytics of this usage.

ToumAI Voice Analytics will not be responsible for any material or immaterial damages resulting from the use of the account by a third party, with or without the User's authorization.

Subscriptions

ToumAI Voice Analytics offers various options to our clients, including free and paid subscriptions, with or without commitment. You can find these subscription options and associated rates on the Site.
Free Subscription
Free subscriptions are available to everyone and are subject to usage restrictions (limited number of monthly users and/or message volume). These usage restrictions are detailed on the Site at the address indicated above.

Non-Commitment Paid Subscription
Non-commitment paid subscriptions are available to everyone and are subject to more extensive usage restrictions. Additional features may also be included in these subscriptions.

For these non-commitment paid subscriptions, your subscription is due and payable in advance each month from the date of your registration or from the date corresponding to your first subscription to a paid subscription. A pro-rata calculation of the due period may also be proposed. If your number of users exceeds your monthly flat-rate commitment, additional costs will be automatically debited without interruption of your services.

The rates applicable as of December 15, 2023, are available at this address.
Promotional rates may be temporarily published there. The use of a discount coupon ("promo code") is limited to once per account and only to new customers.

Payment can be made by credit card via an online payment system. You authorize ToumAI Voice Analytics to debit the credit card that You provide to us for all fees and amounts that You owe us for the Services.

The price of subscriptions does not include the cost of telecommunications, Internet access, and any possible Accompaniment Services required for the use of the Service; this cost remains always at Your expense.

Invoices, expressed in Euros, US Dollars, or British Pounds, excluding taxes (HT), are payable net, without discount, and upon receipt (unless otherwise stated on the invoice).

Any payment delay may result in the temporary suspension of the Service and/or the termination of Your subscription, at our sole discretion, immediately and upon simple notification.

All amounts due are expressed excluding taxes. You agree to pay or reimburse, where applicable, to ToumAI Voice Analytics all taxes and duties due or paid, imposed by any public authority on the amounts due under the Services and which are personally your responsibility.

ToumAI Voice Analytics reserves the right to change the rates for subscriptions to the Services by notifying You by email with a minimum notice of thirty (30) days. If You do not accept the new rates notified to You, it will be Your responsibility to cease all use of the Service no later than the last day of the current monthly period already paid on the day of the notification and to terminate your subscription. In the case of an annual subscription, the rates applicable to You are those in force on the day of your order; the new rates will apply to You only from the possible renewal of your subscription at the expiry.

You agree not to challenge the responsibility of ToumAI Voice Analytics and not to dispute the payment corresponding to your uses of the platform, including in the case where some of them are blocked by a third party and do not reach the recipient under the conditions You would have wished.

Right of Withdrawal

Our Services are exclusively for professional use, and the provisions of Articles L.121-20 and following of the Consumer Code will not apply. Free Subscription and Non-Commitment Paid Subscription Free subscriptions and non-commitment paid subscriptions are concluded for an indefinite period and are tacitly renewable from month to month, subject to, where applicable, the full payment of the price due for the forthcoming term. You can terminate Your free or non-commitment subscription at any time. However, we draw your attention to the fact that ToumAI Voice Analytics cannot, under any circumstances, refund the sums paid in advance on a pro-rata basis for the terminated and unused current month; it is therefore Your responsibility to anticipate the termination of Your subscription to make it effective at the most opportune time.

Compliance with Applicable Regulations

Each Party declares that it complies with the regulations applicable to its activity. In general, the User guarantees that the information sent via the Services of ToumAI Voice Analytics does not contravene any legal, regulatory provision, or result from an international convention applicable to them, particularly the provisions in force in France, in the State where the User conducts their activity, and in the State where the people involved in the conversations reside, nor the rights of third parties.

User's Intellectual Property Rights

The User authorizes ToumAI Voice Analytics to use their name, brand, and visual identity solely for the execution of the Services. The User guarantees to ToumAI Voice Analytics that they have full power and quality to exploit and grant the intellectual and industrial property rights and that these rights are in no way assigned, mortgaged, burdened, or in any way transferred in favor of a third party; that they have not done and will not do, by virtue of a transfer to a third party or by any other means, any act likely to compromise the use of the intellectual and industrial property rights; that they have not introduced or will not introduce into their conversations any sequence, reproduction, or reminiscence likely to violate the rights of third parties; that no litigation or lawsuit is ongoing or about to be initiated challenging the intellectual property rights. Furthermore, the User undertakes to indemnify ToumAI Voice Analytics against any third-party claims and any judgments pronounced against it resulting from non-compliance with this article.

Intellectual and Industrial Property Rights of TOUMAI

All programs, services, processes, designs, software, technologies, trademarks, and trade names, inventions featured on the Site, accessible via the Site or via the Services of ToumAI Voice Analytics are the property of ToumAI, ToumAI Voice Analytics, or its licensors. The User agrees not to use, in any way, the Site, the Services, or any of the elements stated above for purposes other than those provided for herein.

Protection of Third-Party Personal Data

ToumAI Voice Analytics has access to information contained in the conversations created by the Users of its Services on their personal account, through the ToumAI Voice Analytics services or connected platforms. This data is stored on secure servers and is subject to computer processing to provide the service subscribed by the User and improve the Services of ToumAI Voice Analytics. ToumAI Voice Analytics undertakes not to transfer or rent the data contained in the Users' conversations of its Services. Disclosure of personal data to third parties may only occur with the User's authorization, attesting that the holder of the personal data has themselves authorized this disclosure, or at the request of legally competent authorities, on a judicial requisition, or in the context of a legal dispute. The User guarantees to ToumAI Voice Analytics that they respect the provisions of Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms as amended by the law of August 6, 2004.

Prohibited Uses

The use of ToumAI Voice Analytics Services resulting from the subscription of said Services is strictly personal and cannot be rented, transferred free of charge or for a fee to a third party. Without prior authorization, the use of ToumAI Voice Analytics is limited to one account per user.

Any use of the Services likely to damage, disable, overload the infrastructure of ToumAI Voice Analytics or the networks connected to ToumAI Voice Analytics servers, or to hinder the enjoyment of the service by other users is prohibited.

Any unauthorized attempt to access the Services, other accounts, computer systems, or other networks connected to a ToumAI Voice Analytics server or one of the services via hacking or any other method is prohibited.

Using the Services for purposes of distributing, receiving, selling products or services related to illegal or fraudulent activities or encouraging such activities, including, but not limited to: activities related to illegal drugs, pornography or sexually explicit e-commerce, gambling and other money games, pirate programs or spreading viruses or computer programs intended to cause damage, instructions for assembling or creating weapons, spreading materials containing violence on children or encouraging violence, misappropriating the intellectual property of any third party, communicating personally identifiable information on health or health insurance, spreading bank account or credit card information is strictly prohibited.

In case of non-compliance with this article, ToumAI Voice Analytics reserves the right to immediately block the User's access to its Services and delete all information from their account without notice and without reimbursement or any other form of compensation.

ToumAI Voice Analytics reserves the right to refuse or limit the service to accounts that do not comply with its general conditions, laws regulating communication companies, or distributing unwanted communications.

Unsubscription of Recipients

All conversations must include a clear and concise link allowing recipients to unsubscribe from notifications (pushes) and thus no longer receive any future communication from you. This link must be easy to recognize, read, and understand by all. On your part, the unsubscription must be effective immediately.

Responsibility and Guarantees of TOUMAI

Except in cases of force majeure, ToumAI Voice Analytics guarantees the User the proper execution of its service in compliance with these General Terms and Conditions. Any indemnity possibly due by ToumAI Voice Analytics, to the User or a third party, due to the engagement of the responsibility of ToumAI Voice Analytics, its subsidiaries or its partners, under the execution of these Terms cannot exceed the price paid by the User in return for the Service(s) at the origin of said responsibility. ToumAI Voice Analytics does not systematically control the content of messages sent by the User. The exchanged messages remain under the responsibility of the User. In no case can ToumAI Voice Analytics be held responsible towards third parties for any prejudice or expectations resulting from the sending of messages on behalf of the User and under any title. In no case does ToumAI Voice Analytics guarantee the User the economic, image, or information benefits expected by the latter under the use of the platform under these Terms.

User's Responsibility

The User is solely responsible for the content of messages sent in the execution of these Terms. The User indemnifies ToumAI Voice Analytics against any damage, any claim, and any recourse of third parties resulting from a violation, by the User, of these General Terms and Conditions or any legal, regulatory provision, or resulting from an applicable international convention. The User expressly acknowledges that ToumAI Voice Analytics cannot be held responsible for any loss or destruction of the Content, including the Data, and that it is therefore your responsibility to ensure its backup.

Modification of TOUMAI's Terms of Use, Policies, and Offer

ToumAI Voice Analytics may modify these General Terms and Conditions of use, its privacy policies, as well as its commercial offer, its commercial offers, its tariff offers.

Duration - Termination

This Contract is concluded for an indefinite period. It can be terminated at any time by the User from their personal account. In the event of termination by the User, the sums paid for one of the ToumAI Voice Analytics Services remain due to ToumAI Voice Analytics, even if the User has not exhausted the acquired quotas. In case of non-compliance, by the User, with these General Terms and Conditions or any legal, regulatory provision, or resulting from an applicable international convention, ToumAI Voice Analytics reserves the right to terminate the Contract without notice.

Force Majeure

The parties' liability cannot be enforced if the non-performance or delay in the execution of any of their obligations described in these General Conditions results from a case of force majeure. Force majeure is understood as any external, irresistible, and unforeseeable event and its interpretation by the jurisprudence of French jurisdictions, preventing one of the parties from performing its obligations or making their execution excessively burdensome. Explicitly considered as cases of force majeure, in addition to those usually retained by the jurisprudence of French jurisdictions and without this list being exhaustive, are:

  • Natural disasters causing the destruction of infrastructure, such as fires, storms, floods, water damage,

  • Governmental or legal restrictions, legal or regulatory changes in marketing forms, cases of suspension, cancellation, revocation of any authorization by any competent authority,

  • Interruptions of the network of ToumAI Voice Analytics, its subcontractor, or its supplier, due to computer failures, blocking of telecommunications means, resulting from external attacks, interruptions of the service provider's services, and any other fact not attributable to ToumAI Voice Analytics, its subcontractor or supplier, preventing the normal execution of services;

  • Power outages lasting more than 48 hours.

Subcontractin

ToumAI Voice Analytics reserves the right to use subcontractors of its choice for the execution of services related to the Services and remains responsible for their execution towards you under the conditions and reservations stipulated in these Conditions.

User Personal Data Protection

The privacy policy is accessible at this address.

Partial Invalidity of the Contract

The cancellation of one or more clauses of the Contract will not lead to the cancellation of the Contract as a whole, provided, however, that the balance and general economy of the agreement can be preserved.

Applicable Law - Jurisdictional Authority

The Contract is governed solely by French law. Any dispute between the Parties arising from the validity, interpretation, and/or execution, termination, or breach of the Contract will be submitted by the most diligent Party to the Paris Commercial Court, including in the case of summary proceedings, warranty calls, and/or plurality of defendants.

Hosting

The ToumAI Voice Analytics site is hosted within the European Union, in Dublin by WIX - Wix Online Platform Limited. Address: 1 Grant’s Row, Dublin 2 D02HX96, Ireland. Phone: Please click here for contact information.

SLA

ToumAI Voice Analytics aims for a 100% availability of its services, with an actual rate generally exceeding 99.9%. However, no one can guarantee the proper functioning of the entire Internet network and all third-party providers outside of our control, such as the messaging platforms used, whose performance directly contributes to the delivery of the service. The SLA on the non-binding platform is "best effort" ("as best as possible"). For clients with a subscription commitment, following a commercial agreement between the parties, we offer an availability guarantee, a "ticketing" service (incident reporting), and client-specific and project-specific compensations that will be indicated on the dedicated order form.

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