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Terms of Use - Innovatiana's Labeling Services

These Labeling Services Terms of Service ("Terms") govern your use (  "You" or " Customer ") of the labeling services provided by Innovatiana and its affiliated entities ("Service Provider," "we," "us," or "our"). By accessing or using our labeling services, you agree to be bound by these Terms.

0. Overview of Innovatiana's Service Offering

Innovatiana is dedicated to elevating Data Labeling into a consulting profession, emphasizing expertise over traditional approaches. Our mission is to provide professional Data Labeling Services that expedite the advancement of AI applications, recognizing that data serves as the cornerstone of all AI products. Our skilled Data Labelers transform raw data into high-quality training data, leveraging their expertise, knowledge of best practices, and familiarity with Data Labeling products in the market.

1. Statement of Work

Responsibilities and obligations for projects will be set forth in a Statement of Work (SOW) signed by the Client and Innovatiana. This SOW will incorporate the terms and conditions of this Agreement and specify the Services and Deliverables to be performed.

2. Scope of Services

Service Provider offers labeling services for data annotation, tagging, categorization, and related tasks ("Labeling Services"). These services are provided to enhance and improve machine learning / deep learning models and other applications.

3. User Obligations

By using our Labeling Services, you agree to:

a. Provide accurate and complete information when submitting data for labeling. Unless stated otherwise in the Statement of Work, data is expected to be cleaned to a reasonable level.

b. Abide by all applicable laws and regulations while using the services.

c. Not use the Labeling Services for any unlawful or unauthorized purpose.

d. Refrain from engaging in any activity that disrupts or interferes with the Labeling Services or its associated systems.

4. Late Payment Interest and Indemnity

In the event of late payment, interest will accrue on the overdue amount at a rate equal tothe European Central Bank's main refinancing rate plus 8 percentage points per annum. As of October 2023, this totals an annual interest rate of 12.50% (4.50% ECB rate +8%). Interest will be calculated from the date the payment was due until the date full payment is received.Additionally, a fixed indemnity of €40 will be charged to cover recovery costs associated with the delayed payment.

5. Information Security and Confidentiality

Service Provider acknowledges that the data provided by you for labeling may contain sensitive information. We commit to:

a. Implementing reasonable security measures to protect your data from unauthorized access or disclosure.

b. Not sharing your data with third parties unless required for the provision of Labeling Services or as agreed upon.

6. Intellectual Property

You retain all rights to the data you provide for labeling. Service Provider does not claim ownership over your data. However, you grant us a limited license to use the data solely for the purpose of providing the Labeling Services.

7. Utilization of Subcontractors

Except as explicitly outlined in the relevant Statement of Work (SOW), the Customer acknowledges and consents that, while delivering the Services as stipulated herein, Innovatiana holds the right to engage Personnel from its affiliated entities and/or third parties authorized to act on behalf of Innovatiana ("Subcontractors"). Innovatiana is and shall continue to be accountable for the execution, and all actions and inactions, of its Subcontractors pertaining to this SOW. Such accountability stands on par with the performance, actions, or omissions of Innovatiana and its relevant affiliates, as if they had been carried out directly.

8. Human Dignity and Modern Slavery Safeguard

Innovatiana is dedicated to upholding the principles of human dignity and safeguarding the fundamental rights of all individuals engaged in its operations, including employees and contractors. Innovatiana is firmly committed to preventing any form of modern slavery, human trafficking, and forced labor within its supply chain and operations. This commitment encompasses fostering an environment that respects the rights and well-being of every individual, promoting fair labor practices, and taking proactive measures to identify and eliminate any potential risks associated with modern slavery. Innovatiana will diligently collaborate with relevant stakeholders, implement comprehensive safeguards, and remain vigilant in eradicating modern slavery in all its forms.

9. Personnel and Operator Accountability

Innovatiana retains sole responsibility for its operators ("Data Labelers") working on your data. The Innovatiana Personnel involved in performing these services will remain entirely and exclusively under Innovatiana's responsibility.

10. Payment

Payment terms for our Labeling Services will be outlined in our agreement or Statement of Work (SOW). Any document shared by Innovatiana specifiying scope of services and pricing, along with those Terms of Service, constitute a SOW. You agree to pay the specified fees promptly in accordance with the agreed terms. Innovatiana shall issue invoices to the Customer in accordance with the terms specified in SOW. In the absence of any contrary agreement within SOW, each invoice must be settled within a period of thirty (30) days from the date of the invoice. If Innovatiana does not receive payment within thirty (30) days following the due date, except for payments subject to a genuine and reasonable dispute, Innovatiana reserves the right to claim interests as per French law.

11. Warranty and Liability

a. We strive to provide accurate and reliable Labeling Services. However, we do not warrant that the labeled data will be error-free or meet your specific requirements.

b. Service Provider's liability is limited to the fees paid by you for the specific Labeling Services causing the issue.

c. We are not responsible for any indirect, incidental, or consequential damages arising from the use of our Labeling Services.

12. Termination

Service Provider may suspend or terminate your access to Labeling Services if you breach these Terms or engage in any prohibited activities. Upon termination, you must cease using the Labeling Services.

13. Modifications

Service Provider reserves the right to modify, suspend, or discontinue any part of the Labeling Services at any time. We will provide notice of substantial changes to these Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction where Service Provider is headquartered (France).

15. Contact Information

If you have any questions or concerns regarding these Terms or our Labeling Services, please contact us at info [at] innovatiana.com.

16. Dataset Curation and Open Datasets Disclaimer

In addition to its Labeling Services for AI, Innovatiana may provide curated listings, recommendations, or references to publicly available “Open Datasets” (e.g., datasets hosted by third parties, academic institutions, open-source repositories, or similar platforms). Customers and visitors of Innovatiana's website acknowledge and agree that:

a. No Hosting or Ownership – Innovatiana does not host, store, or distribute any such Open Datasets. We act solely as a curator, providing informational access and recommendations. All datasets remain the property and responsibility of their respective owners or licensors.

b. No Warranties on Third-Party Content – Innovatiana makes no representations or warranties as to the accuracy, completeness, legality, quality, availability, or fitness for purpose of any third-party dataset referenced or recommended.

c. User Responsibility – It is the sole responsibility of the Customer to carefully review the source, license terms, restrictions, and suitability of any Open Dataset before downloading or using it. Customers must ensure compliance with applicable intellectual property, data protection, and regulatory obligations.

d. Limitation of Liability – Innovatiana disclaims all liability arising out of or relating to the use of Open Datasets, including any issues of data quality, infringement, misuse, or non-compliance. Use of such datasets is entirely at the Customer’s own risk.

By using our Services, you acknowledge that you have read, understood, and agree to these Terms of Service.