Terms of Use & Sale

Terms of Use and Sale

Last updated: June 27th, 2022

Terms of Use & Sale

Last updated: June 27th, 2022

1.- Ownership

The owner of this website and data controller is Advanced Programming Solutions S.L. (hereinafter the "Service"), with address at C/ Galileo Galilei, S/N Edificio Europa, Parc Bit, CP 07121, Balearic Islands, Spain.

Email: support@yed.ai 

NIF: B57608960

Advanced Programming Solutions S.L. is registered in the Public Registry of Commerce of Mallorca, volume 2378, paper sheet 204, section 8, page PM-63709 and I/A 1.

When you use the Service, you accept our terms and conditions and with this you agree not to use it for illegal purposes.  

2.- Acceptance

The Service is available to any user, for their own consumption and subject to the following terms and conditions: these Terms of Use and Sale, our Privacy Policy and Cookie Policy, which will also always be available at the bottom of the online site and must not be used for illicit purposes or in a manner other than that contemplated in them. 

3.- Description of the Service

Through the Service, you can purchase a monthly subscription to make use of a chatbot specialized in managing questions about your organization and employees in companies.

This chatbot can help you to facilitate the onboarding process of new team members, but also to keep all employees up to date on relevant company information.

The prices and benefits of the subscription plans are different and the user can choose between:

  • Free demo: the user will have 45 days to use the chatbot for free, after this period of time they can contract some of the paid subscriptions.
  • Essential
  • Plan Essential Plus
  • Plan Full Service Plan

 

The language in which the contract between the Service and the buyer will be concluded will be Spanish, Catalan and English. In case of discrepancy between the translated versions, the Spanish version will prevail.

The subscription purchase process will be as follows: 

  • The different subscription options for the Service appear on the website.
  • After selecting the plan that best suits your needs, it will be included in the shopping cart.
  • After the selection, you will proceed to fill in your personal data, the billing address and the payment method.
  • In the last phase, a summary of the purchased subscriptions, payment method, acceptance of the terms and conditions of the Service and the button to confirm the purchase will be presented.

On the other hand, we inform you that for legal reasons we archive the electronic documents in which the purchases are formalized. You can access these documents at any time by requesting it at: support@yed.ai 

In this sense, as a user of the Service, whether of one type or another, you agree to receive electronically the invoices of your purchases. In any case, whenever you request it, the invoice will be sent to you in paper format at the address you indicate. For more information, contact us at: support@yed.ai 

Likewise, during the purchase process you can modify your order, change the billing addresses and the payment method. To do this, you must go back on the corresponding button when possible and before the final acceptance of the sale. 

Once the sale has been made, it will be confirmed by sending you an email, within a maximum period of 24 hours, to the address you have indicated. It will include the reservation made, its amount, applicable taxes and the applicable terms and conditions. 

3.1.- Subscription

The Service has a free 45-day subscription and three paid subscriptions, Essential Plan, Essential Plus Plan and Full Service Plan, the amount of which must be paid monthly by the user who contracts it.

Your subscription to the Service will automatically renew for the same period of time until terminated. Unless you cancel your subscription, you authorize us to charge the applicable monthly subscription fee to your payment method.

You can cancel your subscription to the Service at any time, and you will continue to have access to it until the end of your monthly billing period. To the extent permitted by law, payments are non-refundable and we do not provide refunds or credits for partial monthly subscription periods.

Notwithstanding the foregoing, Yed.ai reserves the right to make any changes to the Service it deems appropriate, being able to update services, prices and/or payment methods based on the market. 

In this sense, at specific times, an annual fee with advance payment may be offered in which the user would have a stay of 12 months from the moment of contracting. In case of terminating the service before the indicated period, Yed.ai will impose a penalty that will consist of the non-refund of the remaining amount.

3.2.- Support and availability

Yed.ai will try at all times to maintain adequate levels of availability for the proper functioning of the service and will dedicate its maximum effort and compliance with its responsibilities at the level of service parameters (availability, response time or performance, among others).

In any case, Yed.ai will make a communication channel available to the client via email at the following address support@yed.ai. If there is any change in this regard, the client will be notified. 

Through the enabled channel, the client may report any incident related to the contracted Service. At all times we will try to solve any defect in our chatbot as soon as possible as soon as we are aware of it, either individually by giving you a temporary solution tailored to your needs or by launching an update for all our clients.

From the Service you may be sent to other websites through links. However, the Service does not control those sites or their content, which are in fact subject to their own terms and conditions. Therefore, the Service is not responsible for the quality, truth or accuracy of those sites.

5.- Age

Regarding the use of the website, you declare that you have the necessary legal capacity to be bound by this agreement and use the site in accordance with its terms and conditions, which you fully understand and acknowledge.

In addition, you affirm that you have the consent and/or legal authorization of the third parties whose data and photographs you share through the web, especially in the case of minors.

You declare that all the information you provide to access the Service, before and

during its use, it is true, complete and accurate.

6.- Intellectual and industrial property

6.1.- Own content

The content and information of the Service (among other data, text, sound, video, image or computer code), as well as the infrastructure used to provide such content and information, is owned by El Patio or has the corresponding authorizations for its use.

In addition, the modification, reproduction, duplication, copy, distribution, sale, resale and other forms of exploitation for commercial or equivalent purposes of the Service and its contents are prohibited.

For any other use of the content of the Service you need our prior written consent.

6.2.- User content

As a user you can contribute to the Service in various ways, such as sending emails, sending suggestions or your own conversations with the chatbot (hereinafter "Content").

We may use that Content in a variety of ways, including displaying it on the website, reformatting it, translating it into other languages, editing it for clarity, fixing mistakes, creating derivative works from it, promoting it and distributing it. 

Therefore, the Content remains your property but by submitting it you grant the Service a worldwide, non-exclusive, free, until the content is withdrawn, transferable and sublicensable license on that Content. 

However, the Service reserves the right not to publish content or information that is false or contrary to the rights of third parties. 

6.3.- Prohibited Activities

In addition, you agree not to do any of the following:


a) Access, monitor, or copy content or information on this website or the chatbot's content through the use of robots, crawlers, data scrapers, or any other means automated that allow the website or its content to be accessed, crawled, indexed, retrieved or otherwise used for any purpose without the express written permission of Yed.ai;

 

b) Embed, mirror or otherwise incorporate any part of this website or the chatbot contents into another without our prior written permission;


c) Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program that Yed.ai; use in connection with the website or chatbot;


d) Use the Service or the chatbot to threaten, harass, defraud, incite, harass another person or advocate the harassment of another person, or otherwise interfere with the use of the website or the chatbot by part of another user;


e) Use the website and/or the chatbot service to send or transmit unwanted mail (“spam”), chain letters, contests, “junk mail”, pyramid schemes, surveys or other mass messages, whether of a commercial or not;


f) Use the website and/or chatbot to infringe rights of third parties, including breach of trust and infringement of copyright, trademarks, patents, trade secrets, moral rights, privacy rights or any other proprietary rights intellectual or proprietary;


g) Attempt to gain unauthorized access to the website and/or chatbot, computer systems or networks connected to the website and/or chatbot through hacking, password mining or any other means. As well as the transmission of computer viruses, worms, defects, Trojan horses or other elements of a destructive nature;


h) Use any device, software or routine that interferes with the proper functioning and security measures of the website and/or the chatbot.

7.- Price and taxes

The prices of the subscriptions offered are indicated in euros (€), with the Value Added Tax (VAT) in force at the time of purchase being applied to the price. 

In any case, the operation could be exempt or not subject to VAT depending on your country of residence or the condition in which you act. For this reason, in some cases the final price of the order may be altered with respect to the one shown.

The price of the subscriptions will be the one stipulated at any time on the website, except in the event of a manifest error. Although we try to ensure that all prices on the website are correct, errors may occur. 

If an error is discovered in the price of the subscriptions that the customer has purchased, the Service, after informing him as soon as possible, will give him the option of reconfirming his order at the correct price or canceling it. If the Service fails to contact the customer, the order will be considered canceled and the amounts that have been paid will be fully refunded.

The Service is not obligated to supply the subscriptions (even if the Purchase Confirmation has been sent) if the error in the price is obvious and unambiguous and could have been reasonably recognized by the customer as an incorrect price.

Subscription prices may vary, but (except as stated above) possible changes will not affect orders for which a purchase confirmation has already been sent.

Lastly, the buyer agrees to use the website and the chatbot diligently and in good faith, to pay the established price and is responsible for the veracity of the data required for the transaction.

For any clarification, incident or claim, you can contact us at the following email: support@yed.ai

8.- Payment

Online payment for services purchased must be made in full in advance and by:

  • Credit and debit card: Visa and Mastercard
  • SEPA Direct Debit

In this sense, the Service informs credit and debit card holders that transactions in the online store are made in a secure payment gateway, using TLS technology to guarantee the security of data transmission. 

9.- Right of withdrawal, returns and refunds

9.1.- Right of withdrawal

Given the type of services provided by Yed.ai, once the service has been fully executed and the execution of it has begun, the right of withdrawal will not be applicable according to article 103, section a) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws and article 16, letter a) of Directive 2011/83/EU of the European Parliament and of the Council on Consumer Rights.

9.2.- Returns and commercial guarantee

As a seller, the Service will respond to any lack of conformity that becomes apparent within a period of three years from delivery in the case of goods or two years in the case of digital content or services. In such cases, the consumer and user may choose between requiring a repair (in the event that the goods can be repaired) or a replacement of the service, unless one of these two options is objectively impossible or disproportionate.

For the exercise of this right, the consumer and user must inform the seller of the lack of conformity, taking into account the moment from which he became aware of it and it must always be taken into account that the lack of conformity that the user alleges and the moment in which the allegation must be compatible with the nature of the product or service.

The exercise of this right will be free of charge for the user. For more information, contact us at support@yed.ai

9.3.- Refunds

The user can cancel the subscription to the Service at any time, without any type of penalty or surcharge, by contacting us at support@yed.ai.

 

In any case, the cancellation of the Service will not imply any type of reimbursement, either partial or total, of the amount paid. The user will be able to access the content and use their subscription until the end of the contracted period.   

Contracted subscriptions may not be assigned or transferred to other users of the Service.

For more information, contact us at: support@yed.ai

9.4.- Restriction, suspension and termination of the Service

In case of violation of the terms of these legal conditions or in case of non-payment, the Service could be restricted, suspended or terminated.

In case of restriction or suspension of the Service for a reason that can be corrected, such as non-payment, access to it will be returned once the amounts owed have been paid. 

On the other hand, the user can cancel the subscription to the Service at any time, from their own account or by contacting us at support@yed.ai.

In any case, the cancellation of the Service will not imply any type of reimbursement, either partial or total, of the amount paid. The user will be able to access the content and use their subscription until the end of the contracted period.   

 

For more information, contact us at support@yed.ai

10.- Validity of the offers

The subscriptions offered in the Service, and their prices, will be available for purchase while they are in the catalog of products displayed through this website. 

In any case, the Service reserves the right to make the modifications it deems appropriate to the Service, being able to update products and services depending on the market. 

The Service reserves the right to change prices without prior notice. 

We inform you that despite the updates that are made to the prices of the Service, they may contain errors. We will promptly correct any errors that appear, but they will not be binding on the Service. 

Likewise, the Service may, at its sole discretion, create promotional codes that may be redeemed for services or as a discount on part of the price of the services to be purchased by the user, subject to these conditions or any additional conditions that the Service establishes specifically for each promotional code.

By using the Service, you agree that promotional codes: 

  • Should only be used for the intended audience, intended purpose, and in a lawful manner.
  • They may not be duplicated, sold or transferred in any way, or made available to the general public (whether posted in a public forum or otherwise), except with the permission of the Service.
  • They may be invalidated by the Service at any time, if non-compliance or fraud is detected in their use, without liability to the Service.
  • They may be used only in accordance with the specific conditions that the Service establishes for said promotional code.
  • They are not valid as cash.
  • They may expire before you use them.

11.- Security

As indicated above, the entire purchase and sale procedure, as well as the transmission of your personal data and payment systems, is carried out on a secure page and encrypted through the TLS protocol. 

We guarantee the security of the Service in accordance with the present technological knowledge. However, the Service cannot guarantee the total future security of the Service. In any case, we do undertake to correct and implement the appropriate corrective measures to correct a possible security flaw as soon as possible. 

You agree to notify the Service, immediately and via email support@yed.ai, any situation that could lead to the impersonation of a user's identity. 

12.- Exclusion of guarantees and liability

The Service will apply its utmost diligence to provide the same, including the accuracy, completeness or timeliness of the contents and the availability and continuity of the Service's operation.

In any case, the user understands that the Service could contain errors and omissions that will be corrected as soon as they are detected or communicated. On the other hand, the Service will try to warn sufficiently in advance of the interruptions that may occur in the operation of the Service.

In any case, the Service is not responsible for the level of utility that users may have attributed to it.

Likewise, the Service excludes any responsibility for damages of any nature that could be due to the use of it and its contents by users, clients or professionals, or that may be due to the lack of veracity, validity or authenticity of the information that users provide to others about themselves. In particular, the Service excludes any liability for damages of any nature that may be due to the impersonation of the personality of a third party carried out by a user in any kind of communication made through the Service.

13.- Modifications and nullity

We may update the terms and conditions of the Service in the future, as well as the characteristics and functions of the Service itself. 

We will notify you of changes to the terms and conditions by placing a notice in a prominent place on our website and/or by email. 

If any clause included in these terms and conditions is declared, totally or partially, null or ineffective, it will only affect said provision or the part of it that is null or ineffective. The terms and conditions will subsist in everything else, having such a provision, or the part of it that is affected, as not set. 

14.- Claims and actions arising from the contract

In case of dispute, this Service is subject to the legislation and the courts of the consumer's domicile. 

 
If the person contracting the Service does not have the legal status of consumer, in the event of a dispute, the parties submit to the courts of Palma of Majorca and to Spanish law.

Likewise, and in accordance with the applicable regulations, the Service informs of the existence of a European online dispute resolution platform that facilitates the extrajudicial resolution of said disputes for contracts also concluded online between consumers and Internet service providers. This platform can be accessed through the following website: http://ec.europa.eu/odr 

15.- Customer service and contact

For any clarification, incident or claim, you can contact us through: 

Email: support @yed.ai

Postal address: C/ Galileo Galilei S/N Europa Building, Parc Bit, CP 07121, Balearic Islands, Spain.