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TERMS OF SERVICE

Last updated: February 18, 2025

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1. Introduction

These Terms of Service ("Terms") govern your use of Waterflai platform and services (collectively, the "Service") provided by Gravia SAS ("Company", "we", "our", "us"). Waterflai is a no-code platform for building chatbots and AI workflows, accessible at app.waterflai.ai.

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you may not use the Service.

Gravia SAS, which publishes and owns Waterflai platform, is a French company registered in the Paris trade and companies register (RCS Paris 931 236 509).

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2. Service Description

The Service consists of a cloud-based platform that enables users to create, deploy, and manage AI-powered chatbots and workflows without coding experience. Through the Service, users can connect to various generative AI providers such as OpenAI, Anthropic, and Mistral through user-configured settings. The platform allows for seamless integration with knowledge bases and data sources, enabling the creation of sophisticated AI applications.

Users can access a comprehensive analytics dashboard for monitoring usage and performance metrics. The Service also provides API access for advanced platform integration and customization needs.

The Service is provided on an "as is" and "as available" basis. While we strive to ensure 99.9% platform availability, we do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any aspect of the Service with reasonable notice.

To access the Service, users must register and maintain an account. You are responsible for maintaining the confidentiality of your account credentials and must provide accurate, current, and complete information during registration. You agree to promptly update any changes to your account information.

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3. Subscription & Pricing

The Service is offered through various subscription plans designed to meet different user needs and usage requirements. Our standard plans are detailed on our pricing page, and enterprise plans with custom features are available upon request.

All payments are processed in Euros or US Dollars, and subscriptions are billed either monthly or annually in advance. For usage-based features, charges are calculated and billed in arrears. We accept payment via credit card for standard plans, and bank transfer options are available for enterprise customers.

Subscription fees are automatically charged at the start of each billing period, and subscriptions automatically renew unless cancelled before the renewal date. We reserve the right to modify subscription fees, or the plans content (credits, available features, ...), with 30 days notice, and any changes will take effect at the next billing cycle. Your continued use of the Service after price changes constitutes acceptance of the new pricing terms.

Subscription fees are non-refundable except where required by law. For annual plans, pro-rata refunds may be issued at our discretion. Usage-based charges are non-refundable.

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4. Data Protection & Privacy

The protection of your data is fundamental to our service. We process personal data in accordance with the General Data Protection Regulation (GDPR) and applicable French data protection laws. We collect two types of data: account information necessary for service operation, and usage data from platform interactions.

User data, including chatbot conversations and workflow configurations, remains your exclusive property. We process this data solely to provide and improve the Service. All data is stored in secure data centers located within the European Union. We retain your data only for as long as necessary to provide the Service or as required by law.

We use Mixpanel to collect anonymized statistics about platform usage. These analytics help us improve the Service and user experience without compromising personal data. You can find detailed information about our data processing practices in our Privacy Policy.

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5. User Obligations & Restrictions

You agree to use the Service in compliance with applicable laws and regulations. When using our platform, you are responsible for ensuring that your use of AI providers' services through our platform complies with their respective terms of service and usage policies.

You must not use the Service to create or deploy applications that promote harmful, discriminatory, or illegal content. You are solely responsible for the content processed through your chatbots and workflows. We reserve the right to suspend or terminate accounts that violate these terms or engage in abusive practices.

The Service may be accessed only through our official interfaces. Any attempt to circumvent platform limitations, reverse engineer the Service, or access it through unauthorized means is strictly prohibited. You may not resell or redistribute access to the Service without our explicit written consent.

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6. Intellectual Property

The Waterflai platform, including its software, design, and features, remains the exclusive property of Gravia SAS. While using the Service, we grant you a non-exclusive, non-transferable license to use the platform for your business purposes.

Chatbots, workflows, and other content created using our platform remain your intellectual property. However, you grant us a limited license to process and store this content as necessary to provide the Service. You warrant that you have all necessary rights to any content you process through our platform.

When using third-party AI services through our platform, you acknowledge that these services may be protected by intellectual property rights owned by their respective providers. Our Service does not grant you any rights to these third-party services beyond what is necessary to use our platform.

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7. Liability & Warranties

The Service is provided "as is" without any express or implied warranties. While we strive to maintain high-quality service, we do not warrant that the Service will be error-free, uninterrupted, or meet your specific requirements. We specifically disclaim any warranties of merchantability, fitness for a particular purpose, or non-infringement.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Service. Our total liability for any claims related to these Terms or the Service shall not exceed the amount you paid for the Service in the twelve months preceding the claim.

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

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8. Term & Termination

Your subscription continues until terminated by either party. You may cancel your subscription at any time through your account settings or by contacting our support team. Upon cancellation, your subscription will remain active until the end of your current billing period.

We reserve the right to suspend or terminate your access to the Service immediately and without notice for any breach of these Terms, non-payment, or if we reasonably believe your use of the Service poses a risk to the platform or other users.

Upon termination, you will lose access to the Service and your data. You are responsible for exporting any data you wish to retain before account termination. We may retain certain data as required by law or for legitimate business purposes.

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9. General Provisions

These Terms are governed by French law. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the Commercial Court of Paris, except where prohibited by applicable law.

We may modify these Terms at any time by posting updated terms on our website. Continued use of the Service after such modifications constitutes acceptance of the updated Terms. We will notify you of material changes to these Terms via email or through the Service.

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

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For any questions about these Terms, please contact us at contact@waterflai.ai.

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