Terms of Use

These Terms of Use and the documents attached by reference (together the “ToU”) constitute an agreement entered between you as individual (“You” or the “User”) and Mindee, a French société par actions simplifiée with a share capital of 7 617 €, whose registered office is located at 14 rue Charles V 75004 Paris, France, registered with the commercial and companies register of Paris under number 837 811 256 (“Mindee”), governing the access and the use of the website available at the address https://www.mindee.com (the “Website”) provided by Mindee.

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By accessing and using the Website, You acknowledge agreeing without limitations to the ToU and the Privacy Policy in their version in force at the time of use. If You do not agree to the ToU and/or the Privacy Policy, You should not access and use the Website.

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The Website aims at presenting Mindee’s offering of remote automated document and image processing services. Those services are exclusively intended for experienced professionals and developers with in-depth IT skills.

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You can access for trial purposes to the Module (as defined hereunder), which provides an overview of the automatic processing of receipt service, subject to the ToU. Any other use of the services provided by Mindee is governed by a distinct agreement, including the terms and conditions of service of Mindee.

1. DEFINITIONS

“Contents” mean all elements relating to the Website and/or the Module (including any text, information, comments, data, image, photography, drawing, graphic, animated sequence with sound or not, graphical design, architecture, application, logo, domain name, trademark, Software, etc.), used to operate the Website or the Module or available on the Website or Module.

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“Incoming Data” means any electronic document imported by the User into the Module to be processed as a Request.

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“Module” means any module made available by Mindee from the Website for the processing of Requests, as well as any update, revision or modification that may be made available by Mindee from the Website.

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“Personal Data” means any personal data within the meaning of applicable law.

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“Privacy Policy” means Mindee’s privacy policy applicable to Personal Data available at the address https://mindee.com/privacy-policy, as well as any subsequent privacy policy in force.

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“Request” means the order sent for the processing of an Incoming Data by the Software.

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“Result” means the data extracted from Incoming Data following the processing of a Request by the Software. “Software” means any proprietary software developed by Mindee for the provision of automated document processing service, accessible from the Website through the Module, together with any software used to provide the Website.

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“User Data” means the Incoming Data and the Results.

2. ACCESS TO THE WEBSITE AND MODULE

Access to the Website and/or the Module is available to any User, free of charge, subject to your acceptance and compliance with the ToU and the Privacy Policy.

The User acknowledges and agrees that access to the Website and/or the Module requires an Internet connection, at the User's expense.

Except for the Module, no other services (whether for hosting the Incoming Data on behalf of the User, maintenance or assistance in the use of the Module) are provided by Mindee under the ToU.

3. TERM

The ToU are effective for the entire duration of your browsing on the Website and/or the use of the Module.

Mindee reserves the right to modify the ToU at any time. Any future browsing on the Website or use of the

Module may be governed by the then applicable ToU.

The current ToU are accessible by the User at any time on the Website. It is recommended that You regularly consult them.

4. INTELLECTUAL PROPERTY

1. Property of Mindee. Mindee and its licensors are and will remain owners of all of the material and intellectual property rights attached to the Website (including the Contents and the Module). The ToU do not grant any rights, whatsoever, to the User except the limited, non-exclusive and non-transferable, for the duration of the browsing on the Website, right to use the Website and the Module for personal use and in accordance with their intended purpose. The User undertakes not to infringe directly or indirectly the property rights of Mindee and its licensors.
2. Property of Incoming Data. The User is and will remain solely responsible for the Incoming Data. The User grants to Mindee a worldwide, for the duration of protection granted by applicable law, license to use the Incoming Data in order to enable their processing and their storage for processing the Requests and the performance of the ToU (including without limitation the analysis of services performance, their improvement and the development of new services).

5. RIGHT OF USE AND RESTRICTIONS
   
   5.1 Right of use. In consideration of the User’s compliance with the terms of the ToU and the specifications regarding use of the Module, Mindee grants to the User, for the term of the browsing on the Website, a personal, non-exclusive, non-transferable and non-sublicensable license to access and use the Website as well as the Module for personal use to the exclusion of any commercial use.
   
   5..2 General restrictions. The User undertakes not to  (i) reproduce, represent, use, exploit, modify, adapt, translate, transform, communicate, distribute or make available to third parties, to retrieve, download, keep or create derivative works from all or parts of the Contents without the prior and written consent of the rights holders concerned, the latter reserving all rights on the Contents that would not expressly be granted to the User under the ToU; (ii) use the Website and/or the Module for illegal or prohibited purposes under the ToU, the Privacy Policy or by applicable law; (iii) use the Website and/or the Module in a way that could overload, modify or alter it, or that could interfere with its use by a third party. In particular, the User must not (a) use any manual or automatic device to extract, index or exploit the Contents or allow to reproduce or divert the Module; (b) bypass, modify, disable or disrupt in any way the safety mechanisms of the Website or the Module, such as technical protection measures; (c) hinder or disrupt the proper functioning of the Website, the Module or the servers or networks connected to the Website (for example by testing the security of the Website or the Module or by trying to saturate the Module or overload its resources via a “denial of service”/DOS attack; (d) use the Website or the Module with an robot-like automated system that can launch more requests that a human being can reasonably do ; (e) obtain or attempt to obtain any unauthorized access to the Module (e.g., by by-passing authentication or security measures, by accessing data in an unauthorized manner) ; or (f) use metatags, links, codes or other devices to direct third parties to another website for any reason whatsoever. The User acknowledges that failure to comply with any of the above terms and conditions constitutes a material breach of the ToU.
   
   5.3 Restrictions on the right to use the Module. The User is only authorized to use the Module under the conditions specifically authorized by the ToU. Mindee reserve any other right. Except for the rights grated by the ToU, the User undertakes not to (i) copy, make available and/or distribute in whole or in part in any way whatsoever the Module to third parties; (ii) assign, sell, lease, lend, sub-license, distribute, outsource or transfer the rights that have been granted to it by the ToU; (iii) adapt, modify, including for correction purposes, or to translate the Module or the underlying Software; (iv) disassemble, decompile the Module, perform reverse engineering, or otherwise attempt to discover or reconstitute its source code, except as specifically authorized by applicable law; (v) alter, destroy or delete notices relating to intellectual property rights or any other reference to Mindee’s ownership appearing on the Module and the Website; (vi) distribute all of part of a software created in whole or in part with the Module, (vii) use the Module for the purposes of benchmarking, or communicate to third parties the results of software performance tests obtained from using the Module.
   
   
   5.4 Abusive usage. User’s use of the Module is not limited to a volume of Requests. However, the User undertakes not to make unreasonable and excessive use of it and generally, that his/her use will not affect the stability, safety and quality of the Module. Mindee reserves the right to suspend the Module in case of abusive usage.

6. PERSONAL DATA

Mindee processes Personal Data in accordance with the conditions set in Mindee’s Privacy policy, which is incorporated into the ToU by reference.

7. WARRANTIES

1. The User acknowledges and agrees that the Website and the Module are provided on an “as is” basis, and without any warranty from Mindee. Mindee expressly disclaims any warranty of conformity, infringement, of compatibility and of fitness for User’s particular purposes. Mindee does not warrant that the Results will be error free or that the Module will operate without interruption. The User expressly agrees to assume all risks inherent to the access to and use of the Website, the Module and the Results.
2. The User warrants that the User Data do not (i) violate applicable laws; (ii) infringe intellectual property rights or trade secrets of third parties; (iii) contain illegal, hateful, obscene, abusive, threatening or defamatory content; (iv) contain any virus or malicious code that could harm or corrupt the Module, and/or (v) constitute an unlawful processing of Personal Data. The User undertakes, at its expense, to defend and hold Mindee harmless from any action or claim made by a third party (including without limitation claim of infringement, unfair competition, free riding, Personal Data breach) concerning the use of User Data by Mindee under the ToU. The User shall indemnify Mindee for all expenses (including lawyers’ fees), losses and damage that Mindee may incur, together with the amount of any settlement and/or compensation for which Mindee may be held liable.

8. LIABILITY

Mindee disclaims all liability for the inaccuracy, loss or alteration of User Data or in case of indirect damage, including without limitation, loss of income, loss of profits or loss of goodwill resulting from the use of the Website and/or the Module.

Mindee is bound by an obligation of means to make the Website and the Module available. To the extent permitted by applicable law, the liability of Mindee in the aggregate is limited to one hundred euros (100 €).

9. MISCELLANEOUS

1. Failure of Mindee to enforce any right it holds under the ToU shall not be deemed to be a waiver.
2. The User expressly acknowledges and agrees that Mindee reserves the right to assign or to transfer, in whole or in part, any of its rights or obligations under the ToU to any third party. The assignment will release for the future Mindee from its obligations and liabilities.
3. Mindee reserves the right to delegate all or part of its obligations to any third party service providers of its choice.
4. If any provision of the ToU is determined to be void, inapplicable or unenforceable by virtue of law or by any final court ruling, the remainder of the ToU shall remain in full force and effect.
5. In the event of dispute, the parties expressly agree, as a convention of proof, that the information collected by Mindee concerning the use of the Website and of the Module will constitute valid evidence and will be admissible and enforceable between the Parties.

10. APPLICABLE LAW AND JURISDICTION

The ToU are governed by French law. In the event of a dispute between Mindee and the User relating to the ToU that cannot be solved amicably, the parties agree to submit to the exclusive jurisdiction of the courts of Paris, notwithstanding plurality of defendants or warranty claims, including urgent or interim proceedings, whether they are summary proceedings or application proceedings.