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AI STUDIO PLATFORM TERMS OF USE

This arrangement forms an integral part of the Expert AI Coach Service Terms (hereinafter the "Agreement") between Move To Happiness Hub bv ("MTH") and the Expert. (Article 26 General Data Protection Regulation)

1. Definitions

Capitalised terms used in these Terms of Use shall have the meaning assigned to them in the Expert AI Coach Service Terms, unless otherwise defined in these Terms of Use.

Platform: the MTH AI Studio platform, accessible via the web, on which the Expert configures, manages and publishes the AI Coach.

Expert Account: the Expert's personal account on the Platform.

2. Access and Account

2.1 In order to access the Platform, the Expert must create an Expert Account. The Expert warrants that the information provided at registration is accurate, complete and up to date.

2.2 The Expert is responsible for keeping its login credentials confidential and for all activities that take place via its Expert Account.

2.3 MTH reserves the right to temporarily or permanently block access to the Platform if the Expert breaches these Terms of Use or the Agreement.

3. Use of the Platform

3.1 The Platform is made available to the Expert for the purpose of configuring, testing, publishing and managing the AI Coach, in accordance with the Agreement.

3.2 The Expert shall use the Platform solely for the purposes for which it is intended. The Expert is not permitted to:

  • use the Platform for unlawful or unethical purposes;
  • circumvent, test or disrupt the security of the Platform;
  • reverse-engineer, decompile or disassemble the source code of the Platform;
  • upload Content containing viruses, malware or other harmful code;
  • use the Platform in a manner that impedes its operation for other users;
  • infringe the intellectual property rights of MTH or third parties via the Platform.

4. Content and Responsibility

4.1 The Expert is solely responsible for the Content it uploads, configures or makes available via the Platform. MTH does not carry out any substantive review of the Content, unless expressly agreed otherwise.

4.2 MTH reserves the right to remove Content or suspend the publication of an AI Coach if MTH has reasonable grounds to believe that the Content:

  • is contrary to applicable laws and regulations;
  • infringes the rights of third parties;
  • may harm the reputation of MTH;
  • poses a risk to the safety of End Users.

4.3 MTH shall inform the Expert in advance of any intended removal or suspension, unless immediate action is required for the protection of End Users or in order to comply with legal obligations.

5. Availability and Maintenance

5.1 MTH aims for a Platform availability of 99.9% (uptime). The terms regarding availability are set out in the MTH SLA.

5.2 MTH reserves the right to temporarily take the Platform out of service for maintenance. Scheduled maintenance shall be announced at least five (5) calendar days in advance.

5.3 MTH shall not be liable for interruptions caused by circumstances beyond its control, including failures at third parties, force majeure or necessary emergency maintenance.

6. Security

6.1 MTH shall take appropriate technical and organisational measures to safeguard the security of the Platform, including encryption, access control and monitoring.

6.2 The Expert is responsible for the security of its own systems, equipment and networks used to access the Platform.

6.3 The Expert shall report any suspected security incident to MTH without undue delay via support@movetohappiness.com.

7. Privacy

7.1 MTH processes personal data of the Expert in accordance with its privacy statement, available at https://knowledge.movetohappiness.com/nl/privacyverklaring.

7.2 The processing of personal data via the AI Coach is governed by the provisions of the Joint Controllership Arrangement (Annex 1 to the Agreement).

8. Intellectual Property

8.1 All intellectual property rights in the Platform and the AI Models belong to MTH. The Expert obtains solely a right of use in accordance with the Agreement.

8.2 The Expert retains the intellectual property rights in its Content. The Expert grants MTH a limited licence to use the Content to the extent necessary for the operation of the AI Coach.

9. Amendments

9.1 MTH reserves the right to amend these Terms of Use. Amendments shall be announced at least thirty (30) calendar days in advance via the Platform or by email.

9.2 If the Expert does not agree with the amended terms, the Expert may terminate the Agreement in accordance with the provisions of the Agreement. Continued use of the Platform after the amended terms take effect shall constitute acceptance.

10. Liability

The liability provisions set out in the Agreement shall apply in full to the use of the Platform.

11. Governing Law

These Terms of Use shall be governed exclusively by Belgian law. In the absence of an amicable settlement, the Dutch-speaking courts of Antwerp shall have exclusive jurisdiction.