1. SCOPE of these Terms
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1.1 Definitions
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The contracting Parties agree to comply with the following terms of use. Seekoya SAS develops and publishes its solution called "the Cards Platform," accessible online under the name "Cards micro-learning," as well as the 2 mobile applications for Apple and Android devices bearing the same name.
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"the User" means the company (or, failing that, the individual acting in their own name) using the Cards Platform created by Seekoya SAS.

1.2 Agreement
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‍This agreement becomes valid between the parties "the Cards Platform" and "the User" once clear and unambiguous consent has been given by any duly authorized person representing the User. By creating their workspace on the Cards Platform, the User is free to accept these terms of use specific to the AI feature (AI-assisted design in Cards) by checking the box "Enable AI on my workspace" or by subscribing to one of the Cards Platform's subscription or service offers that includes this feature.
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2. Introduction
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These Terms of Use (hereinafter referred to as the "Terms") govern your use of AI-assisted (artificial intelligence) design within Cards. By accessing and using the Cards Platform, you fully and completely accept these Terms. If you do not accept these Terms, please do not check the box confirming acceptance of the AI-specific Terms within the Cards Platform.

3. Acceptance of the Terms
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By using the Cards Platform, you acknowledge that you have read, understood and accepted these Terms. If you use the Cards Platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and the terms "you" and "your" will refer to that organization. If you do not agree with these Terms specific to the use of AI on your Cards workspace, you may still continue to use the Cards Platform. The feature will then be disabled on your workspace.

4. Use of the OpenAI Service

Cards (Seekoya) and OpenAI Ireland Ltd have entered into a Data Processing Agreement for the OpenAI API service. The agreement is entered into with our company, in order to ensure the data processing carried out by us and by OpenAI's API service only. No personal data of our customers is provided or transmitted to OpenAI.
OpenAI will retain data sent by our company via the OpenAI API service for a maximum of thirty (30) days, after which it will be deleted, unless OpenAI is required to retain copies under applicable law, in which case OpenAI will isolate and protect this customer data from any further processing, except to the extent required by applicable law.
4.1. Access to the Platform
We use the OpenAI service to provide you with the AI-assisted design feature in Cards, designed to help you create and edit short "microlearning" content. In order to use OpenAI's API service, we need to collect, process and transfer data (non-personal), and processes that are subject to this privacy policy. The AI-assisted design feature is available exclusively to the workspace owner who has enabled and accepted its use, and to editor accounts with access to Cards.
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4.2. User-Generated Content
The User is responsible for any generated content they publish, download or share on the Cards Platform and elsewhere. You must comply with our guidelines on user-generated content, including when using the AI-assisted design feature in Cards.

AI-assisted design helps you create microlearning and review embedded content such as text, in order to adapt it to your request. Based on the User's request, AI-assisted design proposes a chapter structure related to the initial request (prompt). The User is free to accept or revise the proposed chapter structure. They can also choose to enable or disable the generation of text, image, or quiz content.

The User has full control over the generated content at all times and can review and modify it at any time before using or distributing it.

4.3. Data Confidentiality and Security
We are committed to protecting the confidentiality and security of your data in accordance with our Privacy Policy.

4.4. Privacy and GDPR
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The Cards Platform is designed to protect any private data we may obtain from you or about you. We store the content of your AI-assisted design requests in order to calculate the number of credits needed to create the content via the OpenAI service. If you choose to use this "AI-assisted design" feature, we will only transfer the textual context of your request to OpenAI to process your request and generate or edit short content (grouped into chapters when creating microlearning) based on it. At any time, you can request that your data be deleted, under the same terms as exercising your GDPR and privacy rights.

5. Intellectual Property Rights

5.1. Seekoya SAS's Rights – Cards Platform
You acknowledge that all intellectual property rights relating to the Cards Platform, including copyrights, trademarks and patents, belong to Seekoya SAS (owner and publisher of the Cards Platform) or its licensors.

5.2 Ownership of Created Content
All content created in Cards, whether with or without the AI design assistant, remains and stays the property of its author (content editor or workspace owner). Under no circumstances are Cards or OpenAI the owner of content created and generated on the platform, in accordance with our terms of use and OpenAI's API terms of use.

Link to OpenAI API's terms of use relating to our use of the API service.
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Reminder: we want to note and remind you that the terms of use for the OpenAI API service are different from the terms of use for other services offered by OpenAI.

5.3. Authorized Use
By subscribing to a Cards Platform offer, you obtain a limited, non-exclusive and non-transferable license to use the Cards Platform in accordance with these Terms.

6. Billing and Payments

6.1. Pricing and Payments
Pricing for use of the Cards Platform is shown on our website. You agree to pay the fees in accordance with our pricing policy.
The AI-assisted design feature works using AI credits; the User's account has a volume of AI Credits that can be used and topped up as needed. Details of the AI credits the User is entitled to are stated in their commercial offer and in their account on the Cards Platform, on their Subscription page.

6.2. Renewal and Termination
Details on automatic renewal and termination of your subscription are available on our website.

7. Account Termination and Suspension
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We reserve the right to terminate or suspend your account in the event of a breach of these Terms or inappropriate behavior.

7.1 Reporting Illegal Content
Any User who, while accessing the Cards Platform and content generated and published with Cards, discovers or becomes aware of illegal content, is invited to report it to Seekoya SAS, following the procedure described below.

Illegal content is considered to be any content, regardless of medium or format:
- that notably glorifies war crimes, crimes against humanity, or crimes and offenses against the State (terrorism, etc.);
- that incites hatred against people based on their sex, sexual orientation or identity, religion, or disability;
- that promotes pedophilia or any pornographic activity;
- that infringes the intellectual property rights of third parties, or generally constitutes an illegal or unlawful activity.
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In their report, the User will:
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- use the "contact" form available on the cards-microlearning.com site or via seekoya.com, specifying the account they are attached to on Cards (the person or company that registered them) and on which they identified the illegal content.
- specify the address (HTTPS://) of the page where the illegal content is present; share any comments they may have;
- send the form.
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Seekoya SAS will then handle the report as soon as possible and reserves the right to close the Cards account in question.

8 Availability of the Cards Platform
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‍Seekoya SAS will make its best efforts, within the limits of current technology, to ensure access to and operation of the Cards Platform 24 hours a day, 7 days a week, except for outages and maintenance operations (preventive, corrective or evolutive).
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9. Changes to the Terms
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We may update these Terms from time to time. Changes will be published on our website, and it is your responsibility to regularly review these Terms to stay informed of changes.

10. Contact
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For any questions regarding these Terms, please contact us at: hello [AT] seekoya [DOT] com

11. Disclaimer
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Use of the Cards Platform is at your own risk. We are not liable for any loss or damage arising from the use of the Cards Platform.

‍12. MISCELLANEOUS
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Seekoya SAS may update these terms of use. The User is deemed to have accepted the latest version of these terms and conditions following prior communication from the Cards Platform.

Seekoya SAS reserves the right to mention and display the logo and company name provided by the Customer upon registration on the Cards Platform, for communication purposes. At any time, the User may request the removal of this mention (logo + company name) by making a written request (email hello [AT] seekoya [DOT] com or postal mail addressed to the registered office) to Seekoya SAS.

‍13. APPLICABLE LAW AND JURISDICTION
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This contract is governed by French law. The Parties grant exclusive jurisdiction to the Lyon Commercial Court for any dispute, existing or future, concerning the formation, performance and/or termination of this contract and its consequences, even in the event of multiple plaintiffs or defendants in the relevant legal proceedings.

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