These general conditions of use (hereinafter “” CGU ”) are concluded between, on the one hand, the company DELOS INTELLIGENCE, a simplified joint stock company (SAS) with a capital of 5721.00€, registered with the Paris Trade and Companies Register under number 977 575 612 and whose head office is located at 149 Avenue du Maine (hereinafter “” DELOS INTELLIGENCE ”) and the User on the other hand (hereinafter collectively referred to as the” Parties ”).
The purpose of the CGU is to set out the contractual provisions relating to the respective rights and obligations of the Parties in the context of the use of the applications of the COSMOS suite published and operated by DELOS INTELLIGENCE accessible at the following address: cosmos-suite.ai (hereinafter the” DELOS Suite ” or the” Apps ”).

For the purposes of these CGU, the terms will have the following meaning:
•” Administrator ” means an Authorized User who has been appointed by DELOS INTELLIGENCE and/or the Customer to grant access to the Portal to benefit from the Applications and Services in accordance with the Contract concluded between DELOS INTELLIGENCE and the Customer.
•” Anomaly ” refers to any non-conformity or any defect in design, production, performance, performance, bug, error in one of the elements composing an Application, manifested by operating difficulties preventing in whole or in part the operation of the Application concerned.
•” Blocking anomaly ” refers to any Anomaly that makes it impossible to use all or part of the functionalities of an Application normally.
•” Non-blocking anomaly ” refers to any Anomaly that is neither Major nor Blocking. It only causes a simple inconvenience, temporarily tolerable, in the use of the functionalities of an Application.
•” Apps ” or” The COSMOS Suite ” refers to the various applications of the Cosmos suite: Cosmos GPT, Cosmos GPT, Cosmos Docs and Cosmos Translate published and operated by DELOS INTELLIGENCE as well as all its graphic, sound, visual, visual, software, software, software, database and textual components. The Applications are accessible in SaaS mode (i.e.” Software as a Service ”, i.e. accessible via a compatible internet browser) and bring together a set of functionalities for the Customer.
•” Customer ” refers to any person who guarantees to be a professional, as defined by French law and case law and subscribing to one of the paid subscriptions offered by DELOS INTELLIGENCE under the Contract, in order to benefit from the Portal or to give Users access to it.
•” General conditions of use ” or” CGU ” refers to the present contractual conditions governing the use of the Cosmos Suite by any User.
•” General Terms of Service ” or” CGS ” refers to the contractual conditions governing the subscription to the Services as well as the use of the Applications by the Customer and Authorized Users. The CGS are available on the Account.
•” Special Terms of Service ” or” CPS ” refers to the contractual conditions governing the subscription to the Applications to the Services.
•” Service Provision Contract ” or” contract ” refers to the contract composed by the Special Conditions of Service and its annexes.
•” Contents ” refers to all brands, logos, slogans, graphics, graphics, graphics, photographs, photographs, photographs, photographs, photographs, animations, videos, software solutions, computer code, texts, visual and sound elements, and in general all elements and content published by DELOS INTELLIGENCE attached to the Portal, Applications and Services. The Contents are the exclusive property of DELOS INTELLIGENCE.
•” Account ”: refers to the interface hosted on the Portal in which all the data provided by the User and allowing him to access the Services are grouped together. Access to the Account is made using Identifiers. There are two types of Accounts on the Portal:
O The” Main account ”: this account is individual and can only be linked to a single natural person representing the Customer, deemed to have all the authorizations required for this purpose. Each Customer is only able to create one and only one Main Account; and
O The” Associate account ”: this account is individual and can only be linked to one natural person authorized by the Customer. Each User has the possibility to create only one and only one Associated Account. The number of “Associate Accounts” that can benefit from the Services may be limited if necessary.
•” Data ” means any information or data provided by the Customer in connection with the use of the Services including Prompts as well as those produced by the language models of each Application. Data may include Personal Data.
•” Identifiers ” refers to the email address of the Customer or Authorized User and the password generated by them, necessary for access to the Account on the Portal.
•” Confidential information ” refers to all financial, legal, technical, commercial, strategic information, as well as data, documents of any kind, as well as data, documents of any kind, drawings, concepts, manufacturing secrets, know-how, information systems, software, transmitted or brought to the attention of a Party under the Terms of Use, regardless of the form and/or the media used.
•” Internet ” refers to the set of interconnected networks, which are located in all regions of the world.
•” Offer ” refers to the paid service granted by DELOS INTELLIGENCE to any Customer who creates an Account on the Site, and which allows him to access the Portal to benefit from the Applications and Services, within the limits of the functionalities granted for this type of Account, and the technical constraints detailed during the subscription as provided for in the Special Conditions.
•” Portal ” refers to the Online Portal accessible at the following address: www.cosmos-suite.ai. The Portal includes all web pages, Applications, Services and functionalities offered to Authorized Users.
•” Prompt ”: refers to any questions or instructions entered by the Customer on the Cosmos Chat Application.
•” Expertise ” refers to all knowledge, secrets, techniques, methods, source codes, studies, source codes, studies, reports, expertise reports, reports, experiments, results of experiments, drawings, diagrams, visuals, designs, programs, databases, concepts, work in progress, concepts, work in progress, improvements, improvements, technologies, works in progress, improvements, improvements, technologies, prototypes, source codes, improvements, improvements, technologies, prototypes, source codes, improvements, technologies, prototypes, source codes, improvements, technologies, prototypes, source codes, improvements, technologies, prototypes, source codes, improvements, technologies, prototypes, source codes, improvements, technologies, prototypes, source codes, improvements, technologies, prototypes, source codes, improvements, technologies, prototypes, source codes, improvements, technologies, prototypes, source codes, improvements, technologies, prototypes, source codes, improvements, technologies, prototypes, source codes, improvements, technologies, prototypes, source codes, research projects or improvements, learning and elaborate developments, algorithms, machine learning, used or operated by DELOS INTELLIGENCE in the context of the provision of Applications and Services;
•” Site ” refers to the website published by DELOS INTELLIGENCE, accessible at the URL address cosmos-suite.ai.
•” Services ” refers to the services offered by DELOS INTELLIGENCE to the Customer according to the Subscribed Offer. Thus, depending on the type of subscription, the Customer may benefit from access to the Portal and to the Applications of the COSMOS suite, to the update of the Application indexes, to the export of Data collected using the Applications; to the autonomous management of Accounts and authorizations of Authorized Users; to the autonomous management of Accounts and authorizations of Authorized Users via an administrator account. The Services are detailed in the General Terms and Conditions of Services.
• “User” refers to any person who, with the Customer's authorization, uses the Portal to benefit from the Applications and Services, in particular through an Account. The Customer is fully responsible for the use of the Applications by Authorized Users.

The use of the functionalities of the Applications and Services implies the acceptance of these Terms and Conditions. Thus, the User undertakes to read the CGU carefully when accessing the Portal, and is invited to download, print and keep a copy of them. It is specified that the CGU are accessible at any time via the hypertext link available at the bottom of the Portal page.

Access to the Services requires the following technical requirements:
o Internet access;
o Recent versions of the following browsers: Google Chrome, Mozilla Firefox, Microsoft Edge, Internet Explorer

The Versions supported by the Applications are indicated and updated on the Portal.
By using the Cosmos Suite, the User acknowledges having the means and skills necessary to use the functionalities offered by each Application.
The equipment necessary for accessing and using the Cosmos Suite is the responsibility of the User, as are the telecommunications costs that may result from their use.
The User agrees to comply with the technical specifications relating to the deposit or insertion of Data on each Application, and in particular any weight, size, dimension, character, formatting or other limit relating to the Data that he would intend to deposit on an Application for any reason whatsoever.
The User is invited to consult the possible restrictions contained in the Offer to which he is subject.

Any User may access the Portal, use the Applications and benefit from the Services provided that they have been authorized to do so by an Administrator beforehand and have created an Account.
To do this, the User is invited to follow the procedures described below:
‍
5.1 Authorization as an Administrator
The Customer can authorize or register himself as an Administrator. From then on, a first Administrator account is created.

Within the limits of the size of the Subscribed Offer, the Administrator may:
• Access the Cosmos Suite Applications;
• To empower other Directors by giving them rights identical to his own;
• Entrust User access to other Internet users.

5.2 Registration as a User
Any User wishing to have access to the functionalities of the Applications offered on the Site must first create an Account to access the Portal. Registration on the Site is free. To register, the User is invited, upon communication of a link provided for this purpose, to provide his email address and to create his Identifiers. The User undertakes to provide DELOS INTELLIGENCE with accurate, loyal and up-to-date data, which does not infringe, in any way whatsoever, the rights of third parties and to communicate to DELOS INTELLIGENCE any necessary update of the data provided during registration. He must also provide all the information necessary for the billing of the Services. Finally, the User must validate these General Conditions of Use before finalizing their registration. The email address and the password constitute the User Identifiers. This password must have a sufficient level of complexity, and be composed of at least 12 characters. DELOS INTELLIGENCE declines all responsibility for the harmful consequences that may result from the use of multiple Identifiers for a single User.
The User is fully responsible for the accuracy and updating of the data communicated as part of his registration.

5.3 Identifier Management
Any User is solely responsible for the use and custody of their Identifiers, and/or actions taken through their Account. In the event that a User discloses or uses their Identifiers and/or the Account in a manner contrary to their destination, DELOS INTELLIGENCE reserves the right to delete the Account without notice or compensation. In no case can DELOS INTELLIGENCE be held responsible in the event of usurpation of the identity of a User. Any access and action carried out from the Account will be presumed to be carried out by the User concerned, insofar as DELOS INTELLIGENCE is not obliged and does not have the technical means allowing it to ensure the identity of the persons who have access to the Portal from an Account. Any loss, misappropriation, or unauthorized use of a User's Identifiers and their consequences are the sole responsibility of a User, the latter being required to notify DELOS INTELLIGENCE without delay, by email sent to the following address contact@delosintelligence.fr.

5.4 Unsubscribe
The User may close his Account at any time by sending an email to the address: contact@delosintelligence.fr. If authorized by an Administrator, the User may also notify his desire to unsubscribe to the Administrator, who will inform DELOS INTELLIGENCE of the closure of the access concerned. DELOS INTELLIGENCE will deactivate the Account as soon as possible.

The functionalities associated with the Applications and the Application Services are different depending on the Customer's subscription:
The Customer can benefit from additional functionalities depending on the Subscribed Offer (Explore, Infinite):
• Increase in the usage limits of the Delos Suite (consumer credits; applications).
• Complementary services (models, functionalities);

7.1. User Obligations

In the context of the use of the Cosmos Suite, each User undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these Terms of Use.

Each User has the obligation to:
• Behave fairly and reasonably towards DELOS INTELLIGENCE and third parties;
• Be honest and sincere in the information provided to DELOS INTELLIGENCE and, where appropriate, to other Users;
• Use each Application in accordance with its purpose as described in these Terms;
• Do not misuse the purpose of the Cosmos Suite to commit crimes, offenses or contraventions punishable by the Criminal Code or by any other legal or regulatory provision;
• Respect the privacy of third parties and the confidentiality of exchanges;
• Respect the intellectual property rights of DELOS INTELLIGENCE relating to the elements of the Cosmos Suite and the Portal and, where applicable, the intellectual property rights of other Users;
• Do not seek to undermine, within the meaning of articles 323-1 and following of the Criminal Code, the automated data processing systems implemented on the Portal, in particular through practices such as web-scraping;
• Do not modify the information posted online by DELOS INTELLIGENCE or by another User;
• Do not use “VPN” or similar devices in order to override any geographic restrictions associated with the Services; and
• Do not disseminate data that has the effect of reducing, disorganizing, slowing down or interrupting the normal functioning of DELOS INTELLIGENCE.

In compliance with the legal and regulatory provisions in force and in accordance with the law of July 29, 1881 relating to freedom of the press, the User undertakes not to use the Cosmos Suite to broadcast messages or information:

• Constituting wrongful denigrations aimed at DELOS INTELLIGENCE or Users of the Cosmos Suite;
• Contrary to public order and morality;
• Injurious, defamatory, racist, xenophobic, xenophobic, revisionist or harmful to the honor or reputation of others;
• Inciting discrimination or hatred of a person or group of persons because of their origin or their belonging or non-belonging to a particular ethnic group, nation, race or religion;
• Threatening a person or a group of people;
• Of a pedophile nature;
• Inciting to commit a crime, crime or terrorist act or promoting war crimes or crimes against humanity;
• Inciting suicide;
• Allowing third parties to directly or indirectly obtain pirated software, software serial numbers, software allowing acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and, in general, any software or other tool that allows the violation of the rights of others and the safety of persons and property;
• Commercial and/or illegal (prospecting, soliciting, prostitution...);
• Relating to non-compliant or counterfeit products;
• Relating to the unauthorized use of material protected by copyright.

In particular, unlawful use of the Cosmos Suite is the fact of:
• Compromise the integrity, performance, or security of a DELOS INTELLIGENCE Application, systems, or infrastructure in any way. This includes uploading or transmitting data that contains or redirects to a harmful component or technology — such as a virus, Trojan horse, or anything similar — that accesses, downloads, interferes with, or otherwise interacts with the Cosmos Suite in an unauthorized or unlawful manner;
• Bypass all security or authentication measures, including hacking the Services or accessing an unauthorized computer or network;
• Reverse disassemble, decompile, translate, or attempt to discover the source code or underlying components of the models, algorithms, and systems of the major language models connected to the Cosmos Suite (except to the extent that such restrictions are contrary to applicable law);
• Impose an unreasonable load on the DELOS INTELLIGENCE infrastructure by exceeding the parameters described in the Suite Cosmos documentation, by using an unreasonable amount of resources, or by using automated systems linked to the Cosmos Suite in an unreasonable manner;
• Use any automated or programmatic method to extract data or results from AI Services, including scraping, web harvesting, or web data extraction (except as permitted through the API).
• Intercept any transmission to or from the Cosmos Suite or a network server linked to the Cosmos Suite
• Attempting to do any of the above actions is also unacceptable, as is encouraging or allowing a third party to do so.

In particular, the following are unacceptable uses of the Cosmos Suite:
• To use the Cosmos Suite contrary to applicable law, regulations or government policies;
• To infringe or violate the rights of others, including the intellectual property rights of others (such as trade secrets, copyrights, trademarks, service marks, patents, and moral rights) or their right to use the Cosmos Suite, or to upload data that the User does not own or for which the User is not authorized to use;
• To use the Cosmos Suite for the purpose of any activity that violates an individual's privacy, such as tracking or surveillance of an individual without their consent, facial recognition of private individuals, the classification of individuals based on protected characteristics, the use of biometrics for identification or evaluation, and the unlawful collection or disclosure of personally identifiable information or protected educational, financial, or other records;
• To generate hateful, harassing, or violent content, such as content that expresses, incites, or promotes identity-based hate, content that intends to harass, abuse, threaten, or intimidate an individual, or content that promotes or glorifies violence or celebrates the suffering or humiliation of others;
• To generate code designed to disrupt, damage, or gain unauthorized access to a computer system (for example, create malicious software) or engage in fraudulent, defamatory, or deceptive activities, including scams, coordinated inauthentic behavior, coordinated inauthentic behavior, false online engagement, false online engagement, plagiarism, misinformation, or spam;
• To use the Cosmos Suite to develop models that compete with providers of large language models (AI Service providers) connected to the Cosmos Suite;
• To use the Cosmos Suite contrary to community standards.

In any event, Users are expressly informed that DELOS INTELLIGENCE may suspend for a reasonable period of time after having issued a prior warning:
• The provision of Services to Users who frequently publish clearly illegal content;
• The system for handling Notifications and Complaints to Users who frequently provide Notifications of Illegal Content and Clearly Unfounded Complaints, in particular through the internal system for handling complaints provided for in Articles 16 and 20 of Regulation EU 2022/2065 relating to a single market for digital services (hereinafter “DSA”).

7.2. DELOS INTELLIGENCE Obligations
The general obligation of DELOS INTELLIGENCE is an obligation of means. DELOS INTELLIGENCE does not have any obligation to provide results or to increase resources.
DELOS INTELLIGENCE is committed to making every effort to ensure continuity of access and use of the Portal.
In addition, DELOS INTELLIGENCE is committed to providing Users with clear, transparent and loyal information on the methods of its intervention.

8.1. General principles

DELOS INTELLIGENCE declines all responsibility in particular in the event of:
• the impossibility of temporarily accessing the Cosmos Suite for technical maintenance operations or the updating of published information. Users acknowledge that DELOS INTELLIGENCE cannot be held liable in the event of malfunctions or interruptions of said transmission networks;
• virus attacks, illicit intrusion into an automated data processing system;
• abnormal use or illegal exploitation of the Cosmos Suite by a User or a third party;
• the use of content from third party websites to which hypertext links on the Portal refer;
• non-compliance with the Terms and Conditions attributable to Users;
• of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined in article 9 of the CGU;
• of illicit content downloaded via the Cosmos Suite and that infringes intellectual property rights or similar rights owned by third parties; and
• of a foreign cause not attributable to DELOS INTELLIGENCE.

In addition, in the event of abnormal use or illegal exploitation of an Application, the User is solely responsible for the damage caused to third parties and for the consequences of claims or actions that may result from them.

8.2. Host status
Users acknowledge that DELOS INTELLIGENCE is a host within the meaning of the DSA. As such, DELOS INTELLIGENCE reserves the right to remove any content that has been reported to it and that it considers to be clearly unlawful within the meaning of Article 3 DSA, namely “any information that, in itself or in relation to an activity, including the sale of products or the provision of services, does not comply with Union law or the law of a Member State which is in accordance with Union law, regardless of or the precise object or the precise nature of this right.” The notification of this Content must be done through the form dedicated for this purpose on the Portal, meeting the requirements of article 16 of the DSA (hereinafter the “” Notification ”).

Users are strongly recommended to duly complete this form in order to allow DELOS INTELLIGENCE to have effective knowledge of the contested contents and justifications allowing it to consider whether these contents are illegal.

In addition, the User undertakes in this context to send a Notification in good faith affirming that the information provided in this form is accurate and complete.

Upon receipt of the Notification, DELOS INTELLIGENCE undertakes to make a Decision concerning the information to which the Notification relates, in a timely, diligent, non-arbitrary and objective manner (hereinafter the “Decision”). The User will also be informed if the Decision has been taken using automated means.

In any event, DELOS INTELLIGENCE is committed to:
• Acknowledge receipt of the User Notification and inform him of his Decision made on the reported Content, if the electronic contact details have been specified by him;
• Inform the author of the Content of his Decision;
• Inform these Users (the authors of the Notification and the said Content) of the possible remedies for its Decision and in particular access to an internal complaint handling system.

With the exception of misleading and widely distributed commercial content, each Decision made by DELOS INTELLIGENCE will be accompanied by a clear and specific statement of reasons, in particular when it involves:
• A restriction on the visibility of said Content;
• A suspension of all or part of the Services offered on the Portal;
• A suspension or deletion of the Account concerned.

In the event of Content that leads to the suspicion that a criminal offence posing a threat to the life or safety of one or more persons has been committed, is being committed, or is likely to be committed, DELOS INTELLIGENCE will promptly inform the relevant law enforcement authorities.

8.3. Internal Complaint Handling System

Any User has the possibility, for six months from their receipt, to file Complaints to DELOS INTELLIGENCE concerning decisions taken by him in relation to Content that is unlawful or incompatible with his Terms of Use (hereinafter the “Complaints”). These claims may relate to the question of whether or not there is reason to:
• Remove information, to make access to it impossible or to restrict its visibility;
• Suspend or terminate, in whole or in part, the provision of Services to Users;
• Suspend or delete Users' accounts;
• Suspend the ability to monetize information provided by Users, to terminate this ability, or to otherwise restrict this ability. In any event, DELOS INTELLIGENCE is committed to dealing with each and every complaint received in a timely and non-discriminatory, non-discriminatory, and non-arbitrary manner. DELOS INTELLIGENCE also undertakes to inform, as soon as possible, the Users concerned by the Claims, of the possibility of having access to an extrajudicial settlement of disputes as provided for in article 21 of the DSA.

The responsibility of DELOS INTELLIGENCE cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the CGU results from a case of force majeure.
‍
Force majeure occurs in contractual matters when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the T&Cs and whose effects cannot be avoided by appropriate measures, prevents the performance of its obligation by the debtor.
‍
In addition to cases of force majeure arising from the application of article 1218 of the Civil Code and the case law interpreting it, the Parties expressly retain that force majeure constitutes cases of force majeure: strikes, electrical network failures, Internet network failures, Internet network failures, Internet network failures, telephone network failures, telephone network failures, computer attacks and epidemics or health crises.
‍
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the resolution of the CGU. If the impediment is final, the CGU are automatically resolved and the Parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
‍
In the event of the occurrence of an event that has the characteristics of force majeure, DELOS INTELLIGENCE will endeavor to inform the User as soon as possible.

Acceptance of these Terms constitutes recognition by Users of DELOS INTELLIGENCE's intellectual property rights on the Delos Platform and its Contents.
The Delos platform and the Contents are the exclusive property OF DELOS INTELLIGENCE and may not be reproduced, used or represented without the express authorization of DELOS INTELLIGENCE, under penalty of legal proceedings.
Any representation or reproduction, total or partial, of an Application and its Contents, by any process whatsoever, without the express prior authorization of DELOS INTELLIGENCE is prohibited and will constitute an infringement punishable by articles L.335-2 and following and articles L.335-2 and following and articles L.713-2 and following of the Intellectual Property Code.
In particular, DELOS INTELLIGENCE expressly prohibits:
• Extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of its database to another medium, by any means and in any form whatsoever;
• Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the database, regardless of its form;
Reproduction, extraction or reuse, by any means, including methods similar to scraping Content (photographs, description, etc...) published by it.
DELOS INTELLIGENCE grants a personal, non-exclusive and non-transferable license to Users authorizing them to use the Applications and the information they contain, within the limits of the Offer subscribed by the Customer and in accordance with the Terms of Use.
Any other exploitation of the Cosmos Suite and its Contents is excluded from the scope of this license and may not be carried out without the express prior authorization of DELOS INTELLIGENCE.

The policy related to the processing of personal data implemented by DELOS INTELLIGENCE is detailed in the Portal Privacy Policy.
‍
Regarding the cookies used on the Site, the User is invited to consult the DELOS INTELLIGENCE Cookie Charter available on the website.

Any question or complaint from the Customer, Administrator or User concerning the use or operation of the Cosmos Suite, as well as any communication from the authorities of the Member States, the Commission and the European Digital Services Committee may be communicated electronically to the following address:
‍
• By email to the following address: contact@delosintelligence.fr ;

If any of the provisions of the CGU are declared void under a legislative or regulatory provision in force and/or a court decision having the authority of res judicata, it will be deemed unwritten but will in no way affect the validity of the other clauses which will remain fully applicable.
‍
Such a modification or decision does not in any way authorize Users to disregard these T&Cs.

The CGU apply to any User browsing the Portal. The CGU may be modified and updated by DELOS INTELLIGENCE at any time, in particular to adapt to legislative or regulatory changes.
‍
In all cases, DELOS INTELLIGENCE will notify the User by any means in case of modification of the T&Cs.
‍
The applicable CGU are those in force at the time of browsing the Portal.

The fact that one of the Parties did not require the application of any clause of the CGU, whether permanently or temporarily, can in no way be considered as a renunciation of said clause.
‍
In case of difficulty in interpretation between any of the titles appearing at the top of the clauses, and any of these, the titles will be declared non-existent.