Evaluation Terms of Service
1. IMPORTANT TERMS
1.1. These evaluation terms of service are between Hubble_S and You and govern Your use of the Basic Service of the Socrat_s Product. If You are using the Socrat_s product on behalf of another entity (such as your employer), You must have the authority to accept these Terms on their behalf.
1.2. By using the Socrat_s Product,You are agreeing to these evaluation terms of service, our Acceptable UsePolicy, our Service Terms, and our Security Addendum, which are collectively referred to as our “Terms” and which are enforceable like any written contract.
1.3. Hubble_S may update the Terms by posting updated Terms on our website. All changes become effective when posted. Such changes are not retroactive, but Your continued use of the Socrat_s Product after any such changes means You agree to such changes. Not with standing the above, in no event may Hubble_S alter the Terms in a way that meaning fully detracts from its obligations with respect to Confidential Information,Customer Data, or Customer Content as agreed to in this Agreement without express written authorization from You.
1.4. The Socrat_s Product is are search tool, and its Output is AI-generated, and may contain errors and mis statement sor may be incomplete.
2. DEFINITIONS
2.1. The definitions in Section 11(Defined Terms) apply to these Terms. All terms in quotation marks in the body of these terms of service are also defined terms.
3. USAGE
3.1. You may access, and we grantYou the non-exclusive right to use, the Service of the Socrat_s Product after the purchase of a paid plan. Access credentials are specific to the user to who created the account and may not be shared, including within the same organization.
3.2. You will take reasonable steps to prevent unauthorized use of the Service and You will notify us promptly if You learn of any material unauthorized usage.
3.3. Your usage of the Socrat_s Product is governed by the Terms. You will generally interact with the Socrat_s Product by providing Input to the Service and receiving Output from theService.
3.4. You may not (i) use the Socrat_s Product in a way that infringes, misappropriates, or violates any person’srights; (ii) attempt to reverse engineer or attempt to discover the source code or engineering of the underlying model and systems of the Socrat_s Product;(iv) attempt automated means to scrape content or Output from the Socrat_sProduct.
3.5. To the extent that You provide us with any Feedback, we may freely use and incorporate any Feedback into our products and services. Hubble_S may not utilize Feedback in a way that identifies, or could be used to identify, Customer, its users, Customer Data,Content, or Customer's Confidential Information.
3.6. Any third party software, services, or other products You use in connection with the Socrat_s Product (for example, Your internet browser) are subject to their own terms, and we are not responsible for such third party products.
4. CONTENT
4.1. You may provide Input to the Socrat_s Product and receive Output from the Socrat_s Product. As between the parties,You own Your Output subject to Your compliance with the Terms.
4.2. You may provide Input that is similar or identical to third party’s user’s Input or may receive Output thatis similar or identical to Output provided to other third party users. Queries that are requested by other third party users and responses provided to other third party users are not Your Content.
4.3. Hubble_S may collect and useUsage Data to develop, improve, support, and operate its Services. Hubble_S maynot share Usage Data that includes Your Confidential Information with a third party except (a) in accordance with Section 10.5 (Confidentiality) or (b) to the extent the Usage Data is aggregated and anonymized such that You cannot reasonably be identified.
5. CUSTOMER DATA
5.1. To receive the best type ofOutput and advice from the Socrat_s Product, You may be required to Input personal identifiable information, such as workplace related dynamics(“Customer Data”) into the Socrat_s Product.
5.2. As between the parties, You retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data. You grant to Hubble_S anon-exclusive, worldwide, royalty-free right to process the Customer Data andYour Input to the extent necessary to provide the Service to You, to prevent or address service or technical problems with the Service, or as may be required by law.
5.3. Your use of the Service and allCustomer Data will comply with applicable laws, government regulations, and any other legal requirements, including but not limited to, any data localization or data sovereignty laws, regulations, and any other third-party legal requirements applicable to You. You are responsible for the accuracy, content and legality of all Customer Data.
6. FEES AND PAYMENTS
6.1. You are utilizing the Socrat_s Product via paid subscription. You agree that you will do so in accordance with your instructions from Hubble_S. If we believe that you are not using the paid access in good faith, we may immediately terminate your access to the Service.We reserve the right to limit the resources and features available to paid access users.
7. TERM AND TERMINATION
7.1. These Terms take effect whenYou first use the Socrat_s Product and remain in effect until terminated. You may terminate these Terms at any time by discontinuing the use of the Service.We may similarly terminate upon notice at any time.
7.2. Upon termination, You will stop using the Socrat_s Product, and You will promptly return, or if instructed byus, destroy any Confidential Information. The sections of these terms that customarily would survive such an agreement shall survive (for example, provisions around confidentiality, obligation to pay unpaid fees, etc.)
8. WARRANTY AND DISCLAIMER
8.1. You warrant that You have the necessary rights in Your Customer Data and Input to use it with the Socrat_s Product and that Your use of the Socrat_s Product will comply with all applicable laws and regulations.
8.2. The Socrat_s Product is provided on an as-is and as-available basis. Hubble_S makes no representations or warranties of any kind, implied or expressed, with respect to the Socrat_s Product including warranties of merchantability, title, non-infringement, or fitness for a particular purpose, which are disclaimed. Hubble_S does not represent or warrant that the use of the Socrat_s Product will be un interrupted or error-free.
9. LIMITATIONS OF LIABILITY
9.1. In no event will either partybe liable to the other party or any third party for any indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of income, data, profits, revenue, or business interruption, or the cost of substitute services or other economic loss, arising out of or in connection with these Terms, whether such liability arises from any claim based on contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not such party has been advised of the possibility of such loss or damage.
10. GENERAL TERMS
10.1. Subcontracting. Hubble_S may use subcontractors and other third-party providers in connection with the performance of its activities under these Terms as it deems appropriate, provided that it remains responsible for the performance of any such subcontractors or third-party providers.
10.2. Severability andInterpretation. If a court of competent jurisdiction holds any provision of these Terms to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that theseTerms will otherwise remain in effect. Section headings are inserted for convenience only and shall not affect the construction of these Terms.
10.3. Open Source Software. We warrant that we will not use any software in the Service that would cause Your software to become subject to an open source license that would require, as a condition of use, Your software to be disclosed or distributed in source code form or would give others the right to modify Your software.
10.4. Confidentiality. Each party (as the “Receiving Party”) will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to: (i) not use anyConfidential Information of the other party (the “Disclosing Party”) for any purpose outside the scope of these Terms; If the Receiving Party is required bylaw or court order to disclose Confidential Information, then the ReceivingParty shall, to the extent legally permitted, provide the Disclosing Party with advance written notification and cooperate in any effort to obtain confidential treatment of the Confidential Information. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party, the Disclosing Party will been titled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.
10.5. No Training by Sub processors. Sub processors will not train any AI models with Your Content orCustomer Data.
10.6. Privacy Policy. Your users will be subject to our Privacy Policy to the extent not in conflict with the Terms in using the Socrat_s Product.
10.7. Notice. All notices must be in writing (in English) and addressed to the parties via email: (i) for Hubble_S notice must be sent to support@socrat-s.com; and (ii) for You, to the email address associated with Your user account. Notices will be deemed given upon receipt. Either Party may change its email address for notices under these Terms by providing the other Party written notice in accordance with this section.
10.8. No Waiver. No waiver will be implied from conduct or failure to enforce or exercise rights under these Terms, nor will any waiver be effective unless in a writing signed by the waiving Party.
10.9. Entire Agreement. These Terms are the complete and exclusive statement of the mutual understanding of the parties in connection with Your use of the Socrat_s Product and supersede and cancel all previous written and oral agreements, understandings, and communications relating to the subject matter in theseTerms. Each party represents that, in connection with the Socrat_s Product, it has not relied on any term or representation not contained in these Terms.
10.10. Force Majeure. Neither party will beliable to the other for any delay or failure to perform any obligation under these Terms if the delay or failure results from any cause beyond such party’s reasonable control that could not have been prevented through the use of commercially reasonable safeguards, including acts of God, labor disputes, or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, public health emergencies (including pandemics and epidemics), acts or orders of government, acts of terrorism, or war.
11. DEFINITIONS
11.1. “Acceptable Use Policy”means Hubble_S policy governing the use of its service as located at socrat-s.com/legal.
11.2. “Paid Service” is thepaid functionality of the Socrat_s Product made available to You as part oft hese Evaluation Terms in which users provide Input and receive Output.
11.3. “Confidential Information”means all information that is identified as confidential at the time of disclosure by the Disclosing Party or reasonably should be known by theReceiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Content specific to You and Customer Data are Confidential Information.
11.4.“Content” means Input and Output collectively.
11.5. “Hubble_S” means HUBBLE_S EUROPE, S.L.
11.6. “Customer Data” has the meaning set forth in Section 5.1
11.7. “Disclosing Party” has the meaning set forth in Section 10.4.
11.8. “Feedback” means any suggestions, enhancement requests, recommendations, corrections, or other feedback provided to Hubble_S by You relating to our offerings. Feedback excludes Customer Data and Content.
11.9.“ Socrat_s Product” means the software-as-a-service offering made available by Hubble_S at socrat-s.com.
11.10. “Input” means the query provided by a user to the Socrat_s Product.
11.11. “Output” means the output provided by the Socrat_s Product to a user in response to such user’sInput.
11.12. “Privacy Policy” means Hubble_S’s policy governing the privacy provisions related to its Service as located at socrat-s.com/legal
11.13. “Receiving Party” has the meaning set forth in Section 10.4.
11.14. “Security Addendum”means Hubble_S’s addendum governing the security provisions related to itsService included as located at socrat-s.com/legal.
11.15. “Service” means the Socrat_s Product.
11.16. “Service Terms” means the additional terms that govern the use of Preview Features as well as other optional offerings and features of the Socrat_s Product as located at socrat-s.com/legal.
11.17. “Terms” has the meaning set forth in Section 1.2.
11.18. “Usage Data” means information reflecting the access, interaction, or use of the Socrat_S Platform by or on behalf of Customer including frequency, duration, volume, features ,functions, visit, session, click through or click stream data, and statistical or other analysis, information, or data based on, or derivative works of, the forgoing. Other than as strictly required for billing purposes, Usage Data does not include Content, Customer Data, Customer Confidential Information, or any information that identifies or reasonably would permit identification of anyContent, Customer Data, or Customer Confidential Information.
11.19. “You” or “Your” refers to the person contracting for the use of the Socrat_s Product.