1. Introduction and Purpose of Terms

1.1 Overview

Welcome to AptiTune (“we”, “us”, “our”), a pioneering platform offering AI-powered career coaching and professional development services. Our platform is designed to assist individuals in navigating their career paths with the aid of advanced artificial intelligence technology. These General Terms and Conditions of Sale (“Terms”) are intended to outline the legal framework and govern the relationship between AptiTune, operated by AptiTune – Moutrous EI, and its users (“you”, “your”).

1.2 Acceptance of Terms

By accessing, subscribing to, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, forming a legally binding agreement. If you do not agree with any part of these Terms, you are advised not to use our services.

1.3 Scope and Application

These Terms apply to all interactions and services offered through our website, www.aptitune.app, including but not limited to career quizzes, work-life balance assessments, motivation letter generators, and interview simulations, as well as any other features or functionalities provided by AptiTune. The services encompass various subscription plans, each offering a specific allotment of tokens to access these features.

1.4 Services Description

Our services primarily include AI-driven interactions through a sophisticated chatbot designed to simulate career coaching sessions. The chatbot, leveraging OpenAI’s advanced technology, offers personalized guidance and advice. However, it is important to note that our AI-driven services do not replace professional human career coaching but serve as a supplementary tool. Users are encouraged to use their discretion and consider the AI’s advice critically.

1.5 Changes to Terms

AptiTune reserves the right to update or modify these Terms at any time. Such changes will be effective immediately upon posting on our website. Your continued use of our services after any changes indicates your acceptance of the new Terms.

1.6 Relationship with OpenAI

In providing our services, we utilize the API of OpenAI. By using AptiTune, you also acknowledge and agree to be bound by the terms and conditions of OpenAI, as they are integral to the functionality of our services.

2. Company Information

2.1 Legal Entity

AptiTune is a registered service provided by AptiTune – Moutrous EI, a legally established entity governed by the laws of France. Our corporate details are as follows:

• Name: AptiTune – Moutrous EI
• Address: 19 Quai Jayr, 69009 Lyon, France
• Registration Number (RSAC): 83896206600018
• Email: contact@aptitune.app
• Website: www.aptitune.app

2.2 Contact Information

For any inquiries, support requests, or clarification regarding these Terms or our services, please reach out to us via the contact information provided above. We are committed to providing prompt and helpful responses to address your needs.

2.3 Business Operations

AptiTune operates primarily through its online platform, offering AI-powered career coaching services. Our services are accessible globally, subject to the terms outlined herein. The platform’s functionality includes various interactive tools designed to assist users in their career development journey.

2.4 Regulatory Compliance

AptiTune complies with all applicable laws and regulations in the jurisdictions in which it operates. We are dedicated to upholding high standards of corporate governance, ethical conduct, and regulatory compliance.

3. Acceptance of Terms

3.1 Agreement to Terms

By using the AptiTune platform and its services, you agree to be legally bound by these Terms and Conditions. This agreement is deemed effective upon your first use of the platform and continues as long as you utilize our services.

3.2 Capacity to Accept Terms

You affirm that you are of legal age and capacity to enter into these Terms. If you are using the services on behalf of an organization, you confirm that you have the authority to bind the organization to these Terms.

3.3 Updates and Revisions

Your continued use of the AptiTune services following any changes to these Terms signifies your acceptance of those changes. We recommend regularly reviewing the Terms to stay informed of any updates.
3.4 Age Requirements To use AptiTune’s services, you must have reached the legal age in your jurisdiction. If you are a minor, you must obtain consent from your parent or legal guardian before using our services. By allowing your minor child to use our services, you agree to these terms and are responsible for their activity on our platform.

4. Modification of Terms

4.1 Right to Amend

AptiTune reserves the right to modify, amend, or update these Terms at any time and at our sole discretion. Changes may be necessitated by new features, changes in business practices, or legal and regulatory updates.

4.2 Notification of Changes

We will make reasonable efforts to notify you of significant changes to these Terms. This may be done through announcements on our website, email notifications, or other appropriate communication channels.

4.3 Acceptance of Revised Terms

Your continued use of the AptiTune services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the new terms, you should discontinue using our services.

5. Description of Services

5.1 Services Overview

AptiTune offers a range of AI-driven career development tools and services, including but not limited to:

• AI-powered career coaching sessions.
• Career path quizzes and assessments.
• Work-life balance evaluation tools.
• Motivation letter generators and interview preparation simulations.

5.2 Nature of AI Services

Our services utilize artificial intelligence technology to provide insights and guidance. It is important for users to understand that while our AI-driven tools offer valuable perspectives, they do not replace the nuanced judgment and personalized advice of professional human career coaches.

5.3 Service Evolution

AptiTune is committed to continuous improvement and innovation. As such, our services, features, and functionalities may evolve over time, including the introduction of new tools or the discontinuation of existing ones.

6. Pricing and Subscription Plans

6.1 Subscription Options

AptiTune offers various subscription plans, each tailored to different user needs. Details of these plans, including the number of tokens allocated per month and the specific features available, can be found on our website.

6.2 Payment Terms

Subscription fees are charged on a monthly basis, payable in advance. The exact pricing is detailed on our pricing page and includes all applicable taxes.

6.3 Renewals and Cancellations

Subscriptions automatically renew each month. Users may cancel their subscription at any time; however, the cancellation will become effective at the end of the current billing cycle.

6.4 Tokens

6.4.1 Token Allocation and Usage

AptiTune’s subscription plans include an allocation of tokens, which are used as a currency within the platform to access various features and services. Approximately 750 words of interaction with our AI services equate to 1,000 tokens. This conversion rate serves as a guideline for users to estimate their usage and manage their token allocation effectively.

6.4.2 Token Tracking and Management

Users can track their token usage directly through their account dashboard on the AptiTune platform. This dashboard provides real-time information on token consumption and remaining balance, allowing users to monitor and manage their usage throughout their subscription period.

6.4.3 Token Expiry and Renewal

Tokens are allocated on a monthly basis as part of the subscription plan and are valid for the duration of the subscription period. Unused tokens do not carry over to the next billing cycle. Upon renewal of the subscription, the token balance is reset, and a new allocation of tokens as per the subscribed plan is provided.

6.4.4 Additional Token Purchase

In the event that a user exhausts their monthly token allocation, additional tokens can be purchased. The terms, pricing, and conditions for purchasing additional tokens will be provided on the AptiTune platform. Purchased additional tokens may be subject to different terms of use, including different expiry periods, as detailed at the time of purchase.

7. User Responsibilities

7.1 Compliance with Terms

As a user of AptiTune, you agree to comply with these Terms and all applicable laws and regulations in your use of our services. This includes, but is not limited to, respecting intellectual property rights and not engaging in any fraudulent or harmful activities.

7.2 Accurate Information

You are responsible for providing accurate and current information when creating an account, subscribing to services, or interacting with our platform. Any false or misleading information may result in suspension or termination of your access to the services.

7.3 Secure Use

You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. AptiTune should be promptly informed of any unauthorized use of your account.

7.4 Use of Services on Behalf of an Organization or Business If you are using our services on behalf of an organization or a business, you confirm that you are authorized to accept these terms on behalf of the said organization. In this context, “you” refers to that legal entity.

8. Intellectual Property

8.1 Ownership of Content

All elements of the AptiTune website, including texts, graphics, logos, images, software, and services, are the exclusive property of AptiTune and are protected by intellectual property laws. Unauthorized use, reproduction, or distribution of any material from our website is strictly prohibited.

8.2 User-Generated Content

While you retain ownership of the content you create or upload on AptiTune, by using our services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content as necessary for the operation and promotion of our services.

9. Data Protection and Privacy

9.1 Commitment to Privacy

AptiTune is committed to protecting the privacy and security of our users’ data. Our practices are outlined in our Privacy Policy, which describes how we collect, use, and safeguard your personal information.

9.2 GDPR Compliance

We comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws. Users have rights concerning their personal data, including the right to access, correct, and request the deletion of their personal information.

10. Limitation of Liability

10.1 Service Limitations

AptiTune provides its services on an “as is” and “as available” basis. While we strive for accuracy and reliability, we cannot guarantee that our services will always be error-free or uninterrupted.

10.2 Exclusion of Liability

To the fullest extent permitted by law, AptiTune shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our services. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.

11. Applicable Law and Jurisdiction

11.1 Governing Law

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles.

11.2 Jurisdiction

In the event of any dispute arising from or related to these Terms, the parties agree to submit to the exclusive jurisdiction and venue of the courts located in Lyon, France.

12. General Provisions

12.1 Entire Agreement

These Terms constitute the entire agreement between you and AptiTune regarding the services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the services.

12.2 Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

12.3 Waiver

No waiver by AptiTune of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AptiTune to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13. Contact Information

For any questions or concerns regarding these Terms or the services provided by AptiTune, please contact us at:

• Email: contact@aptitune.app
• Address: 19 Quai Jayr, 69009 Lyon, France

We are committed to addressing your inquiries promptly and effectively.

14. Modification and Evolution of the Service

14.1 Service Changes

AptiTune reserves the right to modify, enhance, or discontinue any aspect of its services at any time. This includes, but is not limited to, changes in features, functionality, and service offerings.

14.2 Notification of Changes

We will endeavor to inform users of significant changes to services, especially those that might affect user experience or subscription plans. However, users are encouraged to review our website regularly for the latest information on our services.

14.3 Continuous Improvement

Our commitment to continuous improvement means that our services will evolve over time. We strive to integrate the latest advancements in AI and career coaching to provide the best possible experience to our users.

15. User Conduct and Prohibited Activities

15.1 Responsible Use

Users are expected to use AptiTune’s services responsibly and ethically. This includes respecting other users, our intellectual property, and all applicable laws and regulations.

15.2 Prohibited Activities

Users must not engage in any activity that is harmful, illegal, or violates the rights of others. This includes, but is not limited to, harassment, abuse, the spread of malicious software, or any form of intellectual property infringement.

15.3 Respect for Others and Rules We aim to maintain a respectful and safe environment for all users and request that you adhere to basic conduct rules when using our services:

• Respect the rights of others, including intellectual property, publicity rights, and copyrights.
• Avoid abusing or causing harm to others or yourself, for example, through deception, fraud, impersonation, defamation, threatening, intimidating, or harassing others.
• Do not misuse or interfere with our Services, for example, through malware, spam, hacking, or circumventing our systems or protective measures.

By using our Services, you confirm that:

• You have the capacity to accept these terms and you do so.
• You are not a minor in the jurisdiction in which you reside, or if you are a minor, you have parental permission to use our services.
• You will not use our services for illegal or unauthorized purposes.
• Your use of our Services will not violate any applicable law or regulation.
• You will not access our services other than through our public API by automated means, such as using a robot or script.

16. Service-related Communications

16.1 Communication Channels

AptiTune may communicate with users via email, notifications on the platform, or other means deemed appropriate for conveying important information regarding the services, such as updates, changes, or security information.

16.2 Opt-out Options

Users will have the option to opt-out of certain types of communications, in accordance with our Privacy Policy. However, some essential service-related communications may not be subject to opt-out.

17. Termination of Services

17.1 User-initiated Termination

Users may discontinue their use of AptiTune’s services at any time. Cancellation of subscription plans must be done in accordance with the instructions provided on the AptiTune website.

17.2 Termination by AptiTune

AptiTune reserves the right to terminate or suspend a user’s access to the services for violations of these Terms, illegal activities, or behavior that is harmful to other users or the platform.

17.3 Suspension or Termination for Organizations and Businesses AptiTune reserves the right to suspend or terminate access to its services or delete the AptiTune account of an organization or business if:

• There is a substantial or repeated breach of these terms.
• We are legally required to do so or ordered by a court.
• We reasonably believe that the conduct is causing harm or liability to a user, third party, or AptiTune – for instance, through harassment, deception, impersonation, defamation, or hacking.

Organizations and businesses can always choose to stop using our services at any time.

18. Dispute Resolution

18.1 Informal Resolution

Before pursuing formal legal action, AptiTune encourages users to contact us directly to resolve any disputes or issues relating to the services amicably.

18.2 Formal Proceedings

If a dispute cannot be resolved informally, such disputes will be resolved through binding arbitration or in a court of competent jurisdiction, as stipulated in these Terms.

19. Indemnification

19.1 User Responsibilities

You agree to indemnify and hold harmless AptiTune, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our services or your violation of these Terms.

19.2 Scope of Indemnification

This indemnification covers any claim or dispute that arises from your misuse of the services, violation of the rights of others, or non-compliance with applicable laws.

20. Miscellaneous

20.1 Updates to Terms

AptiTune reserves the right to update or change these Terms at any time. The most current version of the Terms can always be found on our website.

20.2 Non-Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without AptiTune’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void.

20.3 Feedback

Any feedback, comments, or suggestions you may provide regarding AptiTune or the services is entirely voluntary and will be free to use by AptiTune without any obligation to you.

21. Contact Information

For further information or inquiries regarding these Terms or AptiTune services, please contact us at:

• Email: contact@aptitune.app
• Mailing Address: 19 Quai Jayr, 69009 Lyon, France

Your questions and feedback are important to us, and we endeavor to respond to each inquiry promptly.

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