Terms of Service
2. Information about us
Aflorithmic is operated by Aflorithmic Labs Ltd. We are a limited company registered in Germany under Company number 11850770 whose registered office is 99 Inwen Court Grinstead Road, London, United Kingdom, SE8 5BJ
3. Subscription to and use of Aflorithmic
3.1. In order to use the API and access the Services (your Subscription), you must first register with Aflorithmic as a Subscriber.
3.2. To become a Subscriber, you must complete all of the required fields set out in the registration process accessed via the Website. You confirm to us that any registration information provided to us is complete, accurate and not misleading.
3.3. We may request your payment card details at the stage of initial registration but if we do not, we may ask for them at a later stage, including after any free trial period (which we may make available from time to time in our discretion) has elapsed. We reserve the right to suspend provision of the Services until such time as we have valid payment card details on record.
3.4. By registering as a Subscriber with Aflorithmic on behalf of an incorporated company or other operating entity such as a partnership or Ltd, you confirm that you are duly authorised to act on behalf of such company or other entity in that regard.
3.5. The contract between us will only be formed and your Subscription will only begin when we confirm our acceptance of your registration as a Subscriber. If we are unable to accept your registration request, we will inform you of this during the registration process.
3.7. If you require use of the API in relation to different projects (including where you are setting up projects for different clients of yours), you must set up a separate user account for each such project.
3.8. We reserve the right to deactivate any accounts and end any Subscriptions which have not been used for six months or more. Fake profiles are not permitted.
3.9. Aflorithmic is intended for use by Subscribers in a business, academic or informational context only, and not for use by private individuals for domestic or private purposes.
4. Subscriber account and password
4.1. When you choose a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party or authorise others to use your Subscriber account, except to those people within your organisation who need to access your Subscriber account for the purposes of the project in question, provided that you will remain liable to us for the acts and omissions of any such people as if they were your own acts or omissions. You may not assign or otherwise transfer your Subscriber account to any other person or entity. If you know or suspect that anyone other than those permitted under this clause 4.1 has obtained your user identification code or password and/or has accessed your Subscriber account, you must immediately notify us at email@example.com and change your password.
4.3. You are responsible for the acts and omissions of any third parties who use your user identification code or password to access your Subscriber account, whether fraudulent or not, and you agree to reimburse us on demand for any loss we may suffer as a result of such use.
5. API licence
5.2. You must follow the instructions and guidance provided by us on the Website when you interface the Services with your Subscriber Platform and, to the extent that you do not, we will not be liable for any impact whatsoever that may have on the provision or receipt of the Services.
6. The Services
6.1. The Services will be as set out on the Website or otherwise provided by Aflorithmic from time to time and may include any or all of the following functionality:
6.1.1. the ability to set up a Content Creation profile
6.1.2. the ability to input Content Creation and End User preferences;
6.1.3. the ability to upload documents to the Aflorithmic platform for processing;
6.1.4. the ability to set and integrate specified End User events;
6.1.5. the ability to allow End Users to access certain of the Services through the Audio Content Platform, this includes specifying the voice, and adding personalisation.
6.1.6. the ability to receive recommendations of conceptually similar documents to those uploaded to the Aflorithmic platform; and
6.1.7. the ability for the Aflorithmic platform to make content recommendations to End Users based on their End User profile.
6.2. We do not guarantee that Aflorithmic will always be available or that access to it will be uninterrupted. Access to Aflorithmic is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Aflorithmic without notice. We will not be liable to you if, for any reason, Aflorithmic is unavailable at any time or for any period.
7.1. The charges payable by the Subscriber for accessing the Services (the Charges) shall be calculated on the basis set out on the Website from time to time.
7.2. The Charges are payable at the intervals set out on the Website, and will (unless indicated otherwise by us) be paid via our chosen payment processor using the payment card details provided by the Subscriber (or the Subscriber’s client on its behalf). Aflorithmic does not store any payment card details.
7.3. We reserve the right to suspend the provision of the Services in the event that Charges are not paid when due.
7.4. Unless expressly stated otherwise, Charges are exclusive of all applicable taxes.
7.5. We reserve the right to change the Charges at any time on one month’s written notice to the Subscriber (including by email). If you do not wish to continue with your Subscription under the new Charges, you may end it in accordance with clause 16.1.
8. Privacy and Data Policy
8.2. By using Aflorithmic, you warrant that all data provided by you is accurate.
Data Processing provisions
“Data Protection Legislation”: the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy.
“UK Data Protection Legislation”: any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 or any successor legislation. ,
“Applicable Laws”: (for so long as and to the extent that they apply to Aflorithmic) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and
“Domestic UK Law” the UK Data Protection Legislation and any other law that applies in the UK.
8.4. Both parties will comply with all applicable requirements of the Data Protection Legislation. This Schedule is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
8.5. The parties acknowledge that for the purposes of the Data Protection Legislation, in relation to Personal Data collected from End Users using the Subscriber Platform, you are the Data Controller and Aflorithmic is the Data Processor (where and “Data Controller”, “Data Subject” and “Data Processor” used in this paragraph 8 have the meanings as defined given in the Data Protection Legislation).
8.6. Without prejudice to the generality of paragraph 8.4, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to Aflorithmic for the duration and purposes of this agreement.
8.7. Without prejudice to the generality of paragraph 8.4, Aflorithmic shall, in relation to any Personal Data processed in connection with the performance by Aflorithmic of its obligations under this agreement:
(a) process that Personal Data only on your written instructions unless Aflorithmic is required by Applicable Laws to otherwise process that Personal Data. Where Aflorithmic is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, Aflorithmic shall promptly notify you before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit Aflorithmic from so notifying the End User;
(b) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by you, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
(d) not transfer any Personal Data outside of the European Economic Area unless your prior written consent has been obtained and the following conditions are fulfilled:
(i) you or Aflorithmic have provided appropriate safeguards in relation to the transfer;
(ii) the Data Subject has enforceable rights and effective legal remedies;
(iii) Aflorithmic complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(iv) Aflorithmic complies with reasonable instructions notified to it in advance by you with respect to the processing of the Personal Data;
(e) assist you, at your cost, in responding to any request from a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(f) notify you without undue delay on becoming aware of a Personal Data breach;
(g) at your written direction, delete or return Personal Data and copies thereof to you on termination of the agreement unless required by Applicable Law to store the Personal Data; and
(h) maintain complete and accurate records and information to demonstrate its compliance with this paragraph 8 and allow for and contribute to audits by you and your designated auditor.
8.8. You consent to Aflorithmic appointing Google LLC for cloud hosting services, hosted within the EEA, The Rocket Science Group LLC. for automated email services, based outside the EEA, as a third-party processor of Personal Data under this agreement. Aflorithmic confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this paragraph 8. As between you and Aflorithmic, Aflorithmic shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this paragraph 8.
9.3. From time to time updates to the API may be issued. Depending on the update, you may not be able to use the Services until you have implemented the latest version of the API in accordance with our instructions and accepted any new terms.
9.4. We may update Aflorithmic from time to time, and may change the content provided on it and/or the Services at any time. However please note that we make no representations, warranties or guarantees, whether express or implied, that Aflorithmic is up-to-date or that content provided on it is accurate or complete.
10. Relationship with End Users
10.1. The Subscriber acknowledges that Aflorithmic has no direct contractual or other relationship with End Users and that Aflorithmic provides the relevant Services to End Users as a subcontractor of the Subscriber. Accordingly:
10.1.2. the Subscriber is liable to Aflorithmic for the acts and omissions of End Users accessing the relevant Services through the Subscriber Platform, as if they were its own acts or omissions.
11. Submitted Content
11.1. As between the parties, save as set out in clause 11.2 below, all information, documents, text or other materials of any kind that the Subscriber or any End User submits to Aflorithmic from time to time (Submitted Content) is solely the Subscriber’s responsibility.
11.2. In the case of Submitted Content provided to the Aflorithmic platform for processing:
11.2.1. such Submitted Content must be submitted in accordance with our instructions and guidance set out on the Website (and if you do not we will not be liable for any resultant loss of Service;
11.2.4. we will not monitor, control, verify or otherwise check such Submitted Content and (subject to clauses 11.2.1 and 11.2.2 above) we take no responsibility for it whatsoever, including for its accuracy, completeness or suitability for use in the Services.
11.4. If your Subscription with Aflorithmic is terminated, we will delete any Submitted Content.
12. Intellectual property rights
12.1. Whilst the Subscriber or End User(s) submitting the Submitted Content (or their relevant licensors) will retain ownership of the copyright and all other intellectual property rights whatsoever (and wherever existing in the world, together IP Rights) subsisting in such Submitted Content, the Subscriber hereby:
12.1.2. confirms that the Subscriber or such End Users are duly licensed to submit the Submitted Content to us and that the use of Submitted Content in the Services will not breach a third party’s rights including without limitation any IP Rights or rights in confidential information and agrees to indemnify us in respect of any loss or damage (including legal fees) incurred by us in the event of a breach of this clause 12.1.2
12.1.3. agrees that Submitted Content may become part of a database and that we will own the rights in that database.
12.3. Our status (and that of any identified contributors) as the authors of the content provided by us on Aflorithmic must always be acknowledged.
13. Limitation of our liability
13.2. In relation to the use of Aflorithmic including the receipt of the Services by the Subscriber and End Users:
13.2.1. to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Aflorithmic including the Services, whether express or implied. In particular, we give no warranty or guarantee that the Services will meet the Subscriber’s needs or those of the End Users, or that the receipt of the Services will benefit, or be suitable for, the Subscriber or the End Users in any way; and
13.2.2. we will not be liable for any loss or damage whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with the following:
22.214.171.124. loss of profits, sales, business or revenue;
126.96.36.199. loss of agreements or contracts;
188.8.131.52. business interruption;
184.108.40.206. loss of anticipated savings;
220.127.116.11. loss of business opportunity, goodwill or reputation;
18.104.22.168. loss of use or corruption of software, data or information; or
22.214.171.124. any indirect or consequential loss or damage.
13.3. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Aflorithmic, or on any website linked to it.
14. Prohibited uses of Aflorithmic
14.1. You may use Aflorithmic only for lawful purposes. You may not use Aflorithmic:
14.1.1. in any way that breaches any applicable local, national or international law or regulation;
14.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
14.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below;
14.1.4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
14.1.5. to transmit knowingly any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
14.2. You also agree:
14.2.2. not to impersonate any other Subscribers; and
14.2.3. not to access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same): (i) the accounts of other Subscribers; (ii) any part of Aflorithmic or its security measures; (iii) any equipment or network on which Aflorithmic is stored; (iv) any software used in the provision of Aflorithmic; or (v) any equipment or network or software owned or used by any third party.
15. Content standards
15.1. These content standards apply to any and all Submitted Content (as defined in clause 11.1 above), and to any interactive services associated with the Website or the Services.
15.2. You must comply with the spirit of the following standards, as well as the letter. The standards apply to each part of any Submitted Content as well as to its whole.
15.3. We reserve the right in our sole discretion to refuse to display, or to remove, Submitted Content that we feel is not suitable for, or does not fit with the ethos of, Aflorithmic.
15.4. We reserve the right to refuse to process and to remove any Submitted Content which, in our sole opinion:
15.4.1. is not suitable for use on Aflorithmic;
15.4.2. does not comply with applicable law in the UK and in any country from which the Submitted Content is posted or the Services or received;
15.4.3. is defamatory, threatening, misleading or deceptive;
15.4.4. contains obscene, offensive, hateful or inflammatory material or promotes or enables illegal or unlawful activities including without limitation violence or discrimination; or
15.4.5. infringes or breaches any copyright, database right, trade mark or other intellectual property rights of any other person, or any person’s right to privacy, confidentiality or other legal right (including a contractual right).
16. Ending your Subscription
16.1. You may end your Subscription at any time by using the relevant section of the Website. Your Subscription and your right to receive the Services will end immediately, but you acknowledge that you will not receive any refund of Charges already paid in relation to the remainder of the relevant payment period. Furthermore, if at the date of termination you owe us any Charges (for instance because in the period prior to termination you have exceeded the Service volume under any pre-paid sums), we will take payment for such sums via our chosen payment processor, or issue an invoice to you for payment.
16.2.1. immediate, temporary or permanent withdrawal of the Subscriber’s right to use Aflorithmic including the suspension or cancellation of your Subscription;
16.2.2. immediate, temporary or permanent removal of any Submitted Content;
16.2.3. the issue of a warning to you;
16.2.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
16.2.5. further legal action against you; and
16.2.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
16.3. The responses described above are not limited and we may take any other action we reasonably deem appropriate.
16.4. If your Subscription ends for any reason:
16.4.1. you must immediately cease using the Services, delete or remove the API from the Subscriber Platform and destroy all copies of the API in your possession or control and (if requested by us) certify that you have done so; and
16.4.2. we may remove any or all Member Content submitted during your Subscription.
17.1. We do not guarantee that Aflorithmic will be secure or free from bugs or viruses. You should use your own virus protection software.
17.2. You must not misuse Aflorithmic by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Aflorithmic, the server on which Aflorithmic is stored or any server, computer or database connected to Aflorithmic. You must not attack Aflorithmic via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Aflorithmic will cease immediately.
18. Linking to Aflorithmic
18.1. You may link to our website (Aflorithmic.ai), provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
18.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
18.3. Our website must not be framed on any other site.
18.4. We reserve the right to withdraw linking permission without notice.
18.5. The website in which you are linking must comply in all respects with the content standards set out above.
18.6. If you wish to make any use of any content on Aflorithmic other than that set out above, please contact firstname.lastname@example.org
19. Third party links and resources in Aflorithmic
19.1. Where Aflorithmic contains links to other sites and resources provided by third parties who are not under our control, these links are provided for your information only.
19.2. We have no control over, and assume no responsibility for, the content of those sites or resources or their availability. Any such links should not be interpreted as endorsement by us of those sites and we will not be liable for any loss or damage that may arise from your use of them.
20. Third party rights
21. Applicable law
Last update_ 20.04.2020