Terms of Use
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Thank you for using V500 Systems!
Systems, (V500 Systems Spółka Z Ograniczoną
Odpowiedzialnością Spółka Komandytowa) or our affiliates, including our
application programming interface, software, tools, developer services, data,
documentation, and websites (“Services”). The Terms include our Service Terms,
Sharing & Publication Policy, Usage Policies, and other documentation,
guidelines, or policies we may provide in writing. By using our Services, you
agree to these Terms. Our Privacy Policy explains how we collect and use
personal information.
1. Registration and Access
You must be at least 13 years old to use the Services. If
you are under 18 you must have your parent or legal guardian’s permission to
use the Services. If you use the Services on behalf of another person or
entity, you must have the authority to accept the Terms on their behalf. You
must provide accurate and complete information to register for an account. You
may not make your access credentials or account available to others outside
your organization, and you are responsible for all activities that occur using
your credentials.
2. Usage Requirements
(a) Use of Services. You may access, and we grant you a
non-exclusive right to use, the Services in accordance with these Terms. You
will comply with these Terms and all applicable laws when using the Services.
We and our affiliates own all rights, title, and interest in and to the
Services.
(b) Feedback. We appreciate feedback, comments, ideas,
proposals and suggestions for improvements. If you provide any of these things,
we may use it without restriction or compensation to you.
(c) Restrictions. You may not (i) use the Services in a way
that infringes, misappropriates or violates any person’s rights; (ii) reverse
assemble, reverse compile, decompile, translate or otherwise attempt to discover
the source code or underlying components of models, algorithms, and systems of
the Services (except to the extent such restrictions are contrary to applicable
law); (iii) use output from the Services to develop models that compete with v500
Systems; (iv) except as permitted through the API, use any automated or
programmatic method to extract data or output from the Services, including
scraping, web harvesting, or web data extraction; (v) represent that output
from the Services was human-generated when it is not or otherwise violate our
Usage Policies; (vi) buy, sell, or transfer API keys without our prior consent;
or (vii), send us any personal information of children under 13 or the
applicable age of digital consent. You will comply with any rate limits and
other requirements in our documentation. You may use Services only in
geographies currently supported by v500 Systems.
(d) Third Party Services. Any third party software,
services, or other products you use in connection with the Services are subject
to their own terms, and we are not responsible for third party products.
3. Content
(a) Your Content. You may provide input to the Services
(“Input”), and receive output generated and returned by the Services based on
the Input (“Output”). Input and Output are collectively “Content.” As between
the parties and to the extent permitted by applicable law, you own all Input.
Subject to your compliance with these Terms, v500 Systems hereby assigns to you
all its right, title and interest in and to Output. This means you can use
Content for any purpose, including commercial purposes such as sale or
publication, if you comply with these Terms. v500 Systems may use Content to
provide and maintain the Services, comply with applicable law, and enforce our
policies. You are responsible for Content, including for ensuring that it does
not violate any applicable law or these Terms.
(b) Similarity of Content. Due to the nature of machine
learning, Output may not be unique across users and the Services may generate
the same or similar output for v500 Systems or a third party. For example, you
may provide input to a model such as “What color is the sky?” and receive
output such as “The sky is blue.” Other users may also ask similar questions
and receive the same response. Responses that are requested by and generated
for other users are not considered your Content.
(c) Use of Content to Improve Services. We do not use
Content that you provide to or receive from our API (“API Content”) to develop
or improve our Services. We may use Content from Services other than our API
(“Non-API Content”) to help develop and improve our Services. You can read more
here about how Non-API Content may be used to improve model performance. If you
do not want your Non-API Content used to improve Services, you can opt out by
filling out this form. Please note that in some cases this may limit the
ability of our Services to better address your specific use case.
(d) Accuracy. Artificial Intelligence (AI) and Machine Learning
(ML) are rapidly evolving fields of study. We are constantly working to improve
our Services to make them more accurate, reliable, safe and beneficial. Given
the probabilistic nature of Machine Learning (ML), use of our Services may in
some situations result in incorrect Output that does not accurately reflect
real people, places, or facts. You should evaluate the accuracy of any Output
as appropriate for your use case, including by using human review of the
Output.
4. Fees and Payments
(a) Fees and Billing. You will pay all fees charged to your
account (“Fees”) according to the prices and terms on the applicable pricing
page, or as otherwise agreed between us in writing. We have the right to
correct pricing errors or mistakes even if we have already issued an invoice or
received payment. You will provide complete and accurate billing information
including a valid and authorised payment method. We will charge your payment
method on an agreed-upon periodic basis, but may reasonably change the date on
which the charge is posted. You authorize v500 Systems and its affiliates, and
our third-party payment processor(s), to charge your payment method for the
Fees. If your payment cannot be completed, we will provide you written notice
and may suspend access to the Services until payment is received. Fees are
payable in U.S. dollars and are due upon invoice issuance. Payments are
nonrefundable except as provided in this Agreement.
(b) Taxes. Unless otherwise stated, Fees do not include
federal, state, local, and foreign taxes, duties, and other similar assessments
(“Taxes”). You are responsible for all Taxes associated with your purchase,
excluding Taxes based on our net income, and we may invoice you for such Taxes.
You agree to timely pay such Taxes and provide us with documentation showing
the payment, or additional evidence that we may reasonably require. v500
Systems uses the name and address in your account registration as the place of
supply for tax purposes, so you must keep this information accurate and
up-to-date.
(c) Price Changes. We may change our prices by posting
notice to your account and/or to our website. Price increases will be effective
14 days after they are posted, except for increases made for legal reasons or
increases made to Beta Services (as defined in our Service Terms), which will
be effective immediately. Any price changes will apply to the Fees charged to
your account immediately after the effective date of the changes.
(d) Disputes and Late Payments. If you want to dispute any
Fees or Taxes, please contact hello@v500.com within thirty (30) days of the
date of the disputed invoice. Undisputed amounts past due may be subject to a
finance charge of 1.5% of the unpaid balance per month. If any amount of your
Fees are past due, we may suspend your access to the Services after we provide
you written notice of late payment.
(e) Free Tier. You may not create more than one account to
benefit from credits provided in the free tier of the Services. If we believe
you are not using the free tier in good faith, we may charge you standard fees
or stop providing access to the Services.
5. Confidentiality, Security and Data Protection
(a) Confidentiality. You may be given access to Confidential
Information of v500 Systems, its affiliates and other third parties. You may
use Confidential Information only as needed to use the Services as permitted
under these Terms. You may not disclose Confidential Information to any third
party, and you will protect Confidential Information in the same manner that
you protect your own confidential information of a similar nature, using at
least reasonable care. Confidential Information means nonpublic information
that v500 Systems or its affiliates or third parties designate as confidential
or should reasonably be considered confidential under the circumstances,
including software, specifications, and other nonpublic business information.
Confidential Information does not include information that: (i) is or becomes
generally available to the public through no fault of yours; (ii) you already
possess without any confidentiality obligations when you received it under
these Terms; (iii) is rightfully disclosed to you by a third party without any
confidentiality obligations; or (iv) you independently developed without using
Confidential Information. You may disclose Confidential Information when
required by law or the valid order of a court or other governmental authority
if you give reasonable prior written notice to v500 Systems and use reasonable
efforts to limit the scope of disclosure, including assisting us with
challenging the disclosure requirement, in each case where possible.
(b) Security. You must implement reasonable and appropriate
measures designed to help secure your access to and use of the Services. If you
discover any vulnerabilities or breaches related to your use of the Services,
you must promptly contact V500 Systems and provide details of the vulnerability
or breach.
(c) Processing of Personal Data. If you use the Services to
process personal data, you must provide legally adequate privacy notices and
obtain necessary consents for the processing of such data, and you represent to
us that you are processing such data in accordance with applicable law. If you
will be using the v500 Systems Service or API for the processing of “personal
data” as defined in the GDPR or “Personal Information” as defined in CCPA,
please fill out this form to request to execute our Data Processing Addendum.
6. Term and Termination
(a) Termination; Suspension. These Terms take effect when
you first use the Services and remain in effect until terminated. You may
terminate these Terms at any time for any reason by discontinuing the use of
the Services and Content. We may terminate these Terms for any reason by
providing you at least 30 days’ advance notice. We may terminate these Terms
immediately upon notice to you if you materially breach Sections 2 (Usage
Requirements), 5 (Confidentiality, Security and Data Protection), 8 (Dispute
Resolution) or 9 (General Terms), if there are changes in relationships with
third party technology providers outside of our control, or to comply with law
or government requests. We may suspend your access to the Services if you do
not comply with these Terms, if your use poses a security risk to us or any
third party, or if we suspect that your use is fraudulent or could subject us
or any third party to liability.
(b) Effect on Termination. Upon termination, you will stop
using the Services and you will promptly return or, if instructed by us,
destroy any Confidential Information. The sections of these Terms which by
their nature should survive termination or expiration should survive, including
but not limited to Sections 3 and 5-9.
7. Indemnification; Disclaimer of Warranties; Limitations on Liability
(a) Indemnity. You will defend, indemnify, and hold harmless
us, our affiliates, and our personnel, from and against any claims, losses, and
expenses (including attorneys’ fees) arising from or relating to your use of
the Services, including your Content, products or services you develop or offer
in connection with the Services, and your breach of these Terms or violation of
applicable law.
(b) Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO
THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO
WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE
SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY,
NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY
COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR
NOT LOST OR ALTERED.
(c) Limitations of Liability. NEITHER WE NOR ANY OF OUR
AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL
NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE
TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED
DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW.
8. Dispute Resolution
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS
ACTION WAIVER PROVISIONS:
(a) MANDATORY ARBITRATION. You and v500 Systems agree to
resolve any past or present claims relating to these Terms or our Services
through final and binding arbitration, except that you have the right to opt
out of these arbitration terms, and future changes to these arbitration terms,
by filling out this form within 30 days of agreeing to these arbitration terms
or the relevant changes.
(b) Informal Dispute Resolution. We would like to understand
and try to address your concerns prior to formal legal action. Before filing a
claim against v500 Systems, you agree to try to resolve the dispute informally
by sending us notice at hello@v500.com of your name, a description of the
dispute, and the relief you seek. If we are unable to resolve a dispute within
60 days, you may bring a formal proceeding. Any statute of limitations will be
tolled during the 60-day resolution process. If you reside in the EU, the
European Commission provides for an online dispute resolution platform, which
you can access at https://ec.europa.eu/consumers/odr.
(c) Arbitration Forum. Either party may commence binding
arbitration through ADR Services, an alternative dispute resolution provider.
The parties will pay equal shares of the arbitration fees. If the arbitrator
finds that you cannot afford to pay the arbitration fees and cannot obtain a
waiver, v500 Systems will pay them for you. v500 Systems will not seek its
attorneys’ fees and costs in arbitration unless the arbitrator determines that
your claim is frivolous.
(d) Arbitration Procedures. The arbitration will be
conducted by telephone, based on written submissions, video conference, or in
person in Konstancin-Jeziorna, Poland or at another mutually agreed location.
The arbitration will be conducted by a sole arbitrator by ADR Services under
its then-prevailing rules. All issues are for the arbitrator to decide, except
a Polish court has the authority to determine (i) the scope, enforceability,
and arbitrability of this Section 8, including the mass filing procedures
below, and (ii) whether you have complied with the pre-arbitration requirements
in this section. The amount of any settlement offer will not be disclosed to
the arbitrator by either party until after the arbitrator determines the final
award, if any.
(e). Exceptions. This arbitration section does not require
arbitration of the following claims: (i) individual claims brought in small
claims court; and (ii) injunctive or other equitable relief to stop
unauthorized use or abuse of the Services or intellectual property
infringement.
(f) NO CLASS ACTIONS. Disputes must be brought on an
individual basis only, and may not be brought as a plaintiff or class member in
any purported class, consolidated, or representative proceeding. Class
arbitrations, class actions, private attorney general actions, and
consolidation with other arbitrations are not allowed. If for any reason a
dispute proceeds in court rather than through arbitration, each party knowingly
and irrevocably waives any right to trial by jury in any action, proceeding, or
counterclaim. This does not prevent either party from participating in a
class-wide settlement of claims.
(g) Mass Filings. If, at any time, 30 or more similar
demands for arbitration are asserted against v500 Systems or related parties by
the same or coordinated counsel or entities (“Mass Filing”), ADR Services will
randomly assign sequential numbers to each of the Mass Filings. Claims numbered
1-10 will be the “Initial Test Cases” and will proceed to arbitration first.
The arbitrators will render a final award for the Initial Test Cases within 120
days of the initial pre-hearing conference, unless the claims are resolved in
advance or the parties agree to extend the deadline. The parties will then have
90 days (the “Mediation Period”) to resolve the remaining cases in mediation
based on the awards from the Initial Test Cases. If the parties are unable to
resolve the outstanding claims during this time, the parties may choose to opt
out of the arbitration process and proceed in court by providing written notice
to the other party within 60 days after the Mediation Period. Otherwise, the
remaining cases will be arbitrated in their assigned order. Any statute of
limitations will be tolled from the time the Initial Test Cases are chosen
until your case is chosen as described above.
(h) Severability. If any part of this Section 8 is found to
be illegal or unenforceable, the remainder will remain in effect, except that
if a finding of partial illegality or unenforceability would allow Mass Filing
or class or representative arbitration, this Section 8 will be unenforceable in
its entirety. Nothing in this section will be deemed to waive or otherwise
limit the right to seek public injunctive relief or any other non-waivable
right, pending a ruling on the substance of such claim from the arbitrator.
9. General Terms
(a) Relationship of the Parties. These Terms do not create a
partnership, joint venture or agency relationship between you and v500 Systems
or any of v500 Systems’s affiliates. v500 Systems and you are independent
contractors and neither party will have the power to bind the other or to incur
obligations on the other’s behalf without the other party’s prior written
consent.
(b) Use of Brands. You may not use v500 Systems’s or any of
its affiliates’ names, logos, or trademarks, without our prior written consent.
(c) Polish Agency Entities. The Services were developed
solely at private expense and are commercial computer software and related
documentation within the meaning of the applicable Polish Acquisition
Regulation and agency supplements thereto.
(d) Copyright Complaints. If you believe that your
intellectual property rights have been infringed, please send notice to the
address below or fill out this form. We may delete or disable content alleged
to be infringing and may terminate accounts of repeat infringers.
v500 Systems
Juliusza Slowackiego 14
05-510, Konstancin-Jeziorna, Mazowieckie, Poland
Attntion: General Counsel | Copyright Agent
Written claims concerning copyright infringement must
include the following information:
A physical or electronic signature of the person authorized
to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has
been infringed upon;
A description of where the material that you claim is
infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the
law; and
A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
(e) Assignment and Delegation. You may not assign or
delegate any rights or obligations under these Terms, including in connection
with a change of control. Any purported assignment and delegation shall be null
and void. We may assign these Terms in connection with a merger, acquisition or
sale of all or substantially all of our assets, or to any affiliate or as part
of a corporate reorganization.
(f) Modifications. We may amend these Terms from time to
time by posting a revised version on the website, or if an update materially
adversely affects your rights or obligations under these Terms we will provide
notice to you either by emailing the email associated with your account or
providing an in-product notification. Those changes will become effective no
sooner than 30 days after we notify you. All other changes will be effective
immediately. Your continued use of the Services after any change means you
agree to such change.
(g) Notices. All notices will be in writing. We may notify
you using the registration information you provided or the email address
associated with your use of the Services. Service will be deemed given on the
date of receipt if delivered by email or on the date sent via courier if
delivered by post. v500 Systems accepts service of process at this address: v500
Systems, Juliusza Slowackiego 14, Konstancin-Jeziorna, Poland, Attntion: hello@v500.com.
(h) Waiver and Severability. If you do not comply with these
Terms, and v500 Systems does not take action right away, this does not mean v500
Systems is giving up any of our rights. Except as provided in Section 8, if any
part of these Terms is determined to be invalid or unenforceable by a court of
competent jurisdiction, that term will be enforced to the maximum extent permissible
and it will not affect the enforceability of any other terms.
(i) Export Controls. The Services may not be used in or for
the benefit of, exported, or re-exported (a) into any Poland’s. embargoed
countries (collectively, the “Embargoed Countries”) or (b) to anyone on the Polish
Treasury Department’s list of Specially Designated Nationals, any other
restricted party lists (existing now or in the future) identified by the Office
of Foreign Asset Control, or the Polish Department of Commerce Denied Persons List
or Entity List, or any other restricted party lists (collectively, “Restricted
Party Lists”). You represent and warrant that you are not located in any
Embargoed Countries and not on any such restricted party lists. You must comply
with all applicable laws related to Embargoed Countries or Restricted Party
Lists, including any requirements or obligations to know your end users
directly.
(j) Equitable Remedies. You acknowledge that if you violate
or breach these Terms, it may cause irreparable harm to v500 Systems and its
affiliates, and v500 Systems shall have the right to seek injunctive relief
against you in addition to any other legal remedies.
(k) Entire Agreement. These Terms and any policies
incorporated in these Terms contain the entire agreement between you and v500
Systems regarding the use of the Services and, other than any Service specific
terms of use or any applicable enterprise agreements, supersedes any prior or
contemporaneous agreements, communications, or understandings between you and v500
Systems on that subject.
(l) Jurisdiction, Venue and Choice of Law. These Terms will
be governed by the laws of the Republic of Poland, excluding Poland’s conflicts
of law rules or principles. Except as provided in the “Dispute Resolution”
section, all claims arising out of or relating to these Terms will be brought
exclusively in the state courts of Warsaw Masovian District, Poland.