Terms of Service

AI Marketplace and AI Planet (“Platform”) are operated by DPhi Tech BV (“AI Marketplace”, “AI Planet”, “we”, “our”, or “us”), a company registered in Leuven, Belgium, that with its affiliates, provides a global ecosystem to educate and develop AI for the everyone. It offers AI Marketplace, a platform for accessing ready-to-use AI solutions.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE.

By accessing or otherwise using this Platform or Service, you (as defined herein) represent that you (i) if you are under 18 years old (or the age of majority in the jurisdiction from which you are accessing the site or service), then you may only access the site or service if you have your parent or legal guardian’s consent (ii) have read and agree to the terms mentioned hereby. If a minor uses the Services, AI Marketplace assumes consent for the Terms and other related aspects and conditions being given by the legal guardian, and individual terms such as “You,” “Your,” or “Customer” will be interpreted accordingly.

These terms set forth legally binding terms and conditions that govern your use of the service. By accessing or using the site or service, you accept these terms on your behalf or behalf of a company or other legal entity. If you are using our Services and entering into this agreement on behalf of a company or a legal entity, you represent that you have the authority to bind the entity and its affiliates to these terms and conditions. For clarity, if your company has separately executed a master services agreement (“MSA”) or Service Order (as defined below) with us, these updated terms of use apply only to the extent authorized by your company’s MSA or Service Order.

You can choose not to use the service if you do not agree with these terms and conditions. If you have any questions about the Terms of Service, please get in touch with us at [email protected].

Definitions

• “We,” “Us,” “Our”, “AI Marketplace”, or” AI Planet” means AI Marketplace, registered as DPhi Tech BV, headquartered at Martelarenplein 20E, 3000 Leuven, Belgium, EU.
• “Platform” or “Website” means aimarketplace.co and the products offered by AI Marketplace.
• “Customer” or “You” means the company or other legal entity for which you accept this agreement and the Affiliates of that company or entity.
• “Contributor” means any natural person or legal entity who posts technology products or adds data science models to the AI Marketplace publicly, or otherwise makes (or allows any third party to make) material available through the website.
• “Party” means either Customer or AI Marketplace.
• “Agreement” means these Terms of Service, any Service Order, Statement of Work, and any Exhibits or Appendices entered between Customers and AI Marketplace.
• “Services” means the products and services ordered by you under this Agreement or Service Order and made available to you by AI Marketplace, including online services, tools, and software for AI Marketplace used to add AI and data science capabilities to software products.
• “Fees”​ means the amount payable by you to us in consideration for our service, as stated during signup on our Platform or in the Order Form.
• “Payment Processors” means third parties utilized by AI Marketplace from time to time to enable payment processing for the service via the Platform.

1. Your AI Marketplace Account

If you create an account on the Platform, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify AI Marketplace of any unauthorized uses of your account or any other security breaches. AI Marketplace will not be liable for any acts or omissions by you, including any damages incurred due to such acts or omissions.

2. Responsibility of Contributors 

If you post material to the website, post links on the website, or data science models, or otherwise make (or allow any third party to make) material available through the website (any such material, “Content”), You are entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, a dataset, a data science model, an audio file, or computer software. By making Content available, you represent and warrant that:

• The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• If your employer has rights to the intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to pass through to end users any required terms successfully;
• The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Content;
• The Content is not spam, is not machine- or randomly generated, and does not contain unethical or unwanted commercial Content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
• Your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
• Your Content is not named in a manner that misleads your readers into thinking that you are another person or company; and
• In the case of Content that includes computer code, you have accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested by AI Marketplace or otherwise.

3. Testing Models in Free Trial

You can test any Model on the AI Marketplace. You may use the free trial testing result only for informational purposes, not for commercial ones. To test the Model, you can use any input data, provided that this use will not breach anyone’s intellectual property rights or the community guidelines. AI Marketplace reminds you that you are solely responsible for such possible breaches. By uploading any data or model publicly to the AI Marketplace, you grant AI Marketplace the right process and save the data. The data you use for testing should not contain any cruelty, violence, pornography, intolerance or any other content which could influence other users negatively. The data saved will only be used to process against the model and give you the output, but it will not be used by AI Planet unless otherwise stated in a separate agreement or written consent by the customer.

4. Software License

The AI Marketplace software platform, marketplace, algorithms and Models developed by AI Marketplace or by the third parties (“Models”) that are made available to access or download from the Platform (collectively “Models”) are the copyrighted work of AI Marketplace and its partners, model providers, or licensors. Use of the Models is governed by the terms of the license agreement, which accompanies or is included with the Models (“License Agreement”). You shall only access or use the Model testing once you have first agreed to the License Agreement.

5. Copyright infringement

As AI Marketplace asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by aimarketplace.co violates your copyright, you are encouraged to notify AI Marketplace. AI Marketplace will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. AI Marketplace will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of AI Marketplace or others. In the case of such termination, AI Marketplace will have no obligation to provide a refund of any amounts previously paid to AI Marketplace.

6. Customer Obligations

6.1. No Resale

The Services of the Platform are to be accessed by Customer only for the use and Customer’s benefit, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. If the Customer wants to resell AI Marketplace’s products, they may write to [email protected].

 6.2 Restrictions of Use

• You will not use the Service of the Platform for any purpose that is illegal or inconsistent with the Terms of Service. You will not attempt to copy, modify, create derivative works from, reproduce, reverse engineer, frame, mirror, republish, upload, display, transmit or distribute all or any portion of the Platform or the Service.
• You will not publish, distribute or disseminate any profane, defamatory, infringing or indecent content that negatively impacts the experience of Customers on the Platform.
• You will not use any robot, spider, or any other device or application to copy, retrieve, archive or index any portion of the Platform that requires authentication or is disabled by the Platform. You will not use, transfer, distribute or dispose of any information or feature on the Platform in a manner that could compete with or negatively affect AI Marketplace’s business.
• You will not use the service in a way that could intentionally interfere with or damage the service or any other Customer’s experience of the Platform by any means. This includes uploading or otherwise disseminating viruses, corrupted files or similar software that could affect any security-related features of the Platform.
• You will not attempt to gain unauthorized access to the Platform, or any part of the Platform, systems or networks connected to the Platform, or any part thereof, through hacking, password mining or any such means.
• You will promptly remove links we find objectionable at our sole discretion and may not use any of our brand entities or trademarks as part of the link without our written consent.

6.3 Price and Payment

• Payment: Customers agree to pay the monthly, annual, or fee specified when purchasing the subscription. Depending on where you transact with us, the type of payment method used, and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or price differences because of exchange rates and other geographic-specific pricing. Any agreement with your payment provider will govern your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your subscription reaffirms that we are authorized to charge you for that subscription. We may submit those payment charges, and you will be responsible for such costs. This does not waive our right to seek payment directly from you.
• Payment Authorization: You may be asked to provide a credit, charge, or debit card number from a card issuer to activate your subscription. Your authorizations in this Section also apply to our Payment Processor and any other company that acts as a billing agent for us. You, with this, authorize us to charge your specified payment method on a monthly or annual basis, in advance, for recurring Subscriptions, and to charge in advance for any subscription product, and/or to place a hold on your payment method for any unpaid charges for Subscriptions. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt. You authorize us to continue to attempt to charge and/or place holds for all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request, and at any time, the information you previously provided is no longer valid. You acknowledge and agree that neither AI Marketplace nor any AI Marketplace agent will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge and/or place holds on your specified payment method as contemplated by these Terms. If you provide a debit card or a credit card number, you authorize all charges described herein to be applied to such cards.
• Third-Party Processors: Your credit card information is not collected or stored by AI Marketplace. In addition, you represent and warrant that the selected credit card or other payment method is authorized for use on the Platform and that you authorize our Payment Processor to charge the designated payment method for the total amount of your transaction and any applicable fees (including any applicable taxes and other charges). Your account may be suspended or cancelled if you provide an invalid or unverifiable payment method.
• Automatic Renewal: Unless you notify AI Marketplace before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanisms we have on record for you. Subscriptions can be cancelled at any time.
• You agree to pay us, through our Payment Processors, all charges at the prices then in effect for any purchase per the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you sign up for a Subscription. We reserve the right to correct or instruct our Payment Processor or financing partner to correct any errors or mistakes, even if payment has already been requested or received.
• As a Customer purchasing a subscription, if you choose to be invoiced, your Subscription Fee will be invoiced as of the subscription start date. You hereby agree that the Subscription Fee is due as of the invoice date, payable immediately and according to the instructions on the invoice or the Platform.

7. General Representation and Warranty

You represent and warrant that (i) your use of the website will be in strict accordance with the AI Marketplace Privacy Policy, Community Guidelines, with this agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable Content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.

8. Indemnification

Each Party hereto agrees to indemnify and save harmless the other Party hereto and including, where applicable, their respective affiliates, directors, officers, employees, and agents harmless from and against and agree to be liable for any losses, claims, actions, suits, proceedings, damages, liabilities or expenses of whatever nature or kind, incurred by the Indemnified Party that arises out of: a. Breach of any of its obligations, covenants or representations and warranties under this agreement; or b. Violation of any applicable laws; or c. Infringement of intellectual property rights of any Third Party.

9. Warranty Disclaimer

The Website is provided “AS IS”. AI Marketplace and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither AI Marketplace nor its suppliers and licensors make any warranty that the website will be error-free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain Content or services through, the website at your own discretion and risk.

10. Limitation of Liability

• Under no circumstances, including but not limited to negligence, shall AI Marketplace or its affiliates, directors, contractors, employees, agents, or third-Party partners or suppliers, be liable to you for any special, indirect, incidental, consequential, or exemplary damages resulting from Customer’s use or the inability to use the Platform and all other elements of the service, even if AI Marketplace or its authorized representative has been advised of the possibility of such damages. In some cases, the law does not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. The liability of AI Marketplace will be limited as far as law permits in such cases.

11. Miscellaneous

• Force Majeure: Except for payment obligations, in no event shall Either Party be held responsible or liable for any failure or delay in the performance of its obligations hereunder caused directly or indirectly by circumstances beyond the reasonable control of such Party. This includes but is not limited to acts of God, natural or nuclear calamities, accidents, civil disturbances, computer/network viruses that are not preventable through generally available products, insurrections, or accidents.
• Notifications: We may send you notice at the email or postal address you provide to us or by posting a notice on our website or in any other way we deem appropriate. All agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. Any legal notices you must send to AI Marketplace under these Terms of Service must go to [[email protected]].
• Relationship: Parties to this agreement are independent contractors. Nothing in this agreement will be construed to create an agency relationship, employment relationship, partnership, fiduciary relationship, or joint venture between the parties. Neither Party (nor any agent or employee thereof) will make any representations or warranties or incur any liability on behalf of the other.
• Publicity: Customer grants AI Marketplace the right to use the name and logo of its company in marketing or promotional messages in other public or private communications with current and prospective clients per Customer’s trademark usage and brand guidelines. AI Marketplace respects its clients’ right to opt out of this, so please email us at [email protected], letting us know that your business does not wish to be used as a reference.
• Governing Law: Unless explicitly stated, these Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Belgium and the jurisdiction of Leuven.
• Entire Agreement; Counterparts: Unless otherwise indicated, the Exhibits attached hereto are incorporated herein by reference, constitute an integral part of the agreement, and should be read and interpreted together with the agreement. (including all addenda attached hereto) constitutes the complete, exclusive, and final agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, or discussions between the parties regarding this subject matter. If any provision of this agreement is modified or amended, or any rights under it are waived, the parties must sign it in writing.
• Privacy Policy: Your use of AI Marketplace is also subject to the AI Planet’s Privacy Policy, which explains how we treat Your personal information and provides information about our data protection practices.
• Amendments: Any new features, products, or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. AI Marketplace reserves the right to update, change or replace any part of these Terms of Service without any notice or liability. It is your responsibility to check this page periodically for changes. Although if we decide to change all or part of the Terms materially, we will send You a notification through the AI Marketplace site or on your registered email (if you have unsubscribed to our emails, we won’t be able to notify you via emails, in such a case, it is your responsibility to visit this page for updated terms). Such modified Terms will become effective upon the earlier of (i) Your continued use of AI Marketplace after We send a notification to You through the AI Marketplace’s site; or (ii) thirty (30) days from publication of such modified Terms on this page.
• If any provision of these ToU is or becomes invalid, unenforceable, or non-binding, this shall not affect any other provision thereof. In such event, the such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable, and binding provision reflecting the greatest extent possible the intent of the original provision.

12. Contact information

DPhi Tech BV

Address: Martelarenplein 20E, 3000 Leuven, Belgium, EU

Email: [email protected]