We, OneShelf SAS, 60 rue de la Roquette, 75011 Paris, France (hereinafter "OneShelf", "we", "us", "our"), have developed a Software-as-a-Service (SaaS) for searching, accessing to, indexing, collecting and organizing company content (hereinafter "Services"). Use of our Services is regulated by these General Terms and Conditions (hereinafter "Terms"). These Terms must be accepted to use our Services.
These Terms may be completed or amended by special terms and conditions (hereinafter "Special Terms) which must explicitly be agreed upon in text form. By accepting both these Terms and Special Terms, you enter into a contract of use regarding the Services (hereinafter "Contract of Use").
(1) These Terms apply to your use of our Services with all the contents, functions, and services activated for your account.
(2) These Terms are aimed at both users and businesses (hereinafter "Customer", "you", "your") who subscribe to our Services (hereinafter "Subscription").
(1) With the creation of the Services, we offer the technical means which allow you to index company content, search for it, reuse it, upload content to your knowledge base and organize it with tags (hereinafter "Contract Purpose"). The Services can be used as a PowerPoint addin or as a web application, both of which are hosted in the Cloud and thus can be accessed to at any time and any place provided there is sufficient internet access. Additionaly, in order to use the Services, each user must be authenticated. In which form you can use the Services is further described at www.oneshelf.ai.
(2) The Services are available for use 24 hours a day and 365 days a year with very high availability. We are not responsible for downtimes due to technical or other problems beyond our control, e.g. in case of force majeure or fault of third parties. Moreover, you are entitled to use the Services only within the scope of the current state of technology. In this respect, it may be necessary to restrict access to our Services from time to time, e.g. regarding capacity, system security, integrity of servers, or for technical measures, in order to uphold proper functioning of our Services. To the extent possible, we will take into account your legitimate interests and thus will duly inform you via email about any long-lasting maintenance measures.
(1) Subscriptions are either monthly or yearly. You can switch from one subscription mode to the other via email to contact@oneshelf.ai more than two weeks before the end of the contractual term.
(2) The Services will remain activated until the end of the contractual term which will be extended automatically by the same period (either a month or a year) if neither party terminates the Subscription in text form with a period of two weeks before the end of the contractual term. You can give notice to terminate via email to contact@oneshelf.ai.
(3) The monthly or yearly payment will be due on the first day of each period. The price and discounts that apply are the ones agreed upon within the Special Terms.
(4) In case of default, we are entitled to block access to the Services. You will remain obliged to pay any outstanding amount.
(5) In addition, the Contract of Use may be terminated by each party for just cause. We have just cause to terminate in particular if you seriously or repeatedly breach your contractual obligations, in particular the rules for using the Services as described below.
(1) All source data, and all data derived from it, remain your exclusive property. It may not be copied, disseminated, or made publicly accessible without your explicit consent, unless permitted by law.
(2) In case of contract termination, all source data and data derived from it will be deleted from our servers within a reasonable timeframe.
(1) When using the Services you shall comply with all applicable laws and other legal provisions.
(2) User accounts may not be shared or used by more than one individual. You are solely responsible for maintaining control over your account, including the confidentiality of your login credentials, and are liable for all activities that occur under your account.
(3) You may not use the Services for any content that is objectionable or may expose OneShelf or its users to any harm or liability of any type.
(4) Attacks on the operational capacity of the Services by any means are prohibited, especially by sending mass emails (spam); carrying out hacking attempts, i.e. trying to break down, to bypass or, in any way, to disable the security mechanism of the Services; trying to get access to other user accounts; brute-force attacks; denial-of-service attacks; using or sending spy software; reading out data (e.g. by Crawler/Spider/Robots); viruses or worms.
(5) In order to use our services you must have the appropriate digital majority.
(6) If you violate these rules, we are entitled to issue a warning, temporarily block your account, or to permanently exclude you from the Services.
(1) Any restrictions to the availability of the Services outlined above in § 2(2) are not considered a breach of contract and do not entail liability.
(2) We accept no responsibility for content we do not own.
(3) OneShelf is liable for damages if arising from (i) willful misconduct or gross negligence of OneShelf or its legal representatives or agents, (ii) negligent violation of a material contractual duty by OneShelf or its legal representatives or agents, however, limited to typical damages which are foreseeable at the time of the conclusion of the Contract of Use or (iii) negligence of OneShelf or its legal representatives or agents in a way causing injury to life, body or health, or (iv) any compulsory statutory liability of OneShelf or its legal representatives or agents. Material contractual duties are duties the fulfillment of which is a prerequisite for proper execution of the Contract of Use or the breach of which endangers attainment of the Contract Purpose and the observance of which the Customer must regularly rely on.
(4) Any contributory negligence on the part of the Customer shall be taken into account.
(5) This liability arrangement is conclusive. It shall apply with respect to all damage compensation claims, irrespective of their legal ground, particularly also with respect to pre-contractual claims or collateral contractual claims. This liability arrangement shall also apply in favor of legal representatives and agents of OneShelf if claims are asserted directly against them.
(6) The Customer is obliged to immediately notify OneShelf of any damage pursuant to the above liability provisions in text form or to have such damage documented by OneShelf, so that OneShelf is informed as early as possible and can possibly still mitigate the damage together with the Customer.
(1) The law of France should apply.
(2) Should individual provisions of these Terms be or become invalid and/or contrary to statutory provisions, this will not affect the validity of the remaining Terms. In lieu of the invalid, unenforceable term, the Parties mutually agree on such valid commercial terms which the Parties would reasonably have agreed otherwise. The above-mentioned provision also applies in case of a lacuna in these Terms.
(3) We reserve the right to amend and adapt these Terms with effect for the future. You can request the currently applicable version of the Terms via contact@oneshelf.ai or access them at www.oneshelf.ai/terms. You will be notified by email no later than one month before new Terms take effect. If you do not object to the validity of the new Terms within one month after they take effect, you will be deemed to have accepted the new Terms. We will inform you accordingly about the significance of the one month notice period, your right to object to any amendments and the legal consequences of non-objection. This amendment mechanism does not apply to amendments to the parties' main contractual obligations.
