Terms and Conditions

Effective Date: 01/05/2023

These Terms of Service ("Terms") govern your use of the Noon web application ("Service"), provided to you by Noon at Work B.V. ("Noon", "we", "us", "our"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Service.

1. Use of the Service

1.1. Eligibility

You must be 18 years of age or older to use our Service. By using the Service, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms.

1.2. Access

You may use our Service only if you have a valid account. To create an account, you must provide us with accurate and complete information, including your name and email address. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer and devices.

1.3. License

Subject to these Terms, we grant you a non-exclusive, non-transferable, limited license to use the Service for your internal business purposes. You may not use the Service for any other purpose, including commercial purposes, without our prior written consent.

1.4. Integration with Slack

Our Service may integrate with the Slack chat application. By using our Service, you agree to be bound by the Slack Terms of Service and Privacy Policy.

1.5. Compliance with Laws

You are responsible for complying with all applicable laws, regulations, and policies governing your use of the Service.

2. Data Privacy

2.1. GDPR Compliance

We are committed to protecting your data and complying with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

2.2. Data Processing Agreement

If you are located in the European Economic Area (EEA), you will enter into a Data Processing Agreement with Noon upon your acceptance of these terms of service, which will govern our processing of personal data on your behalf. A printed copy of our Data Processing Agreement is available upon request to hello@noon.work.

2.3. Personal Data

We collect and process personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

3. Use of Generative AI Technology

Noon leverages an advanced Large Language Model (LLM) to provide insights into employee well-being based on free-text input. While we strive to offer accurate and valuable information, it's important to acknowledge the limitations and potential unpredictable behavior of the LLM.

3.1. Nature of an LLM

Noon utilizes a cutting-edge LLM, an artificial intelligence technology designed to process and analyze text-based information. However, it is important to note that an LLM is a complex machine learning model trained on a vast amount of data, and its outputs are based on patterns and correlations found within the training data. Therefore, it may not always provide accurate or entirely predictable results.

3.2. Interpretation of Free-Text Input

The LLM in Noon attempts to analyze and interpret the free-text input provided by users to derive insights into their well-being at work. However, it is crucial to understand that the LLM's interpretation is based solely on the information provided and may not capture the complete context or nuances of the input. As a result, the insights generated should be considered as suggestions and not definitive conclusions.

3.3. Potential Unpredictable Behavior

Given the complexity of LLMs, there is a possibility of unpredictable behavior, including but not limited to hallucinations, generating nonsensical or irrelevant responses, or misinterpreting input. While we have implemented rigorous testing and quality assurance measures, we cannot guarantee that the LLM will always function flawlessly or avoid such unexpected outcomes.

3.4. Human Verification and Discretion

To mitigate the risks associated with unpredictable LLM behavior, we strongly encourage users to exercise their own judgment and employ human verification or seek professional advice when relying on the insights provided by Noon. Human intervention and expertise are essential for accurate interpretation and appropriate decision-making based on the LLM's outputs.

3.5. Limitations of Liability

In using Noon, you acknowledge and agree that the developers, providers, and affiliates of Noon shall not be held liable for any direct or indirect damages, losses, or inconveniences arising from the LLM's behavior, including any hallucinations, nonsensical responses, or misinterpretations.

By using Noon, you agree to accept the aforementioned disclaimer and understand that the LLM's behavior may be unpredictable. It is crucial to exercise caution and make informed decisions when utilizing the insights generated by the LLM.

4. Intellectual Property

4.1. Ownership

We own all right, title, and interest in and to the Service, including all intellectual property rights. Except as expressly granted in these Terms, you do not acquire any rights or licenses in or to the Service, or any of our intellectual property rights.

4.2. Feedback

If you provide us with any suggestions, comments, or other feedback regarding the Service ("Feedback"), we may use such Feedback for any purpose without any obligation to you.

5. Disclaimer of Warranties

5.1. No Warranties

The Service is provided "as is" and "as available", without any warranties of any kind, express or implied. We do not warrant that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free.

6. Limitation of Liability

6.1. Limitation of Liability

In no event shall Noon or its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with these Terms, the Service, or your use of the Service, including without limitation damages for lost profits, lost data, or business interruption, whether based on contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.

6.2. Limitation of Damages

Our maximum liability to you for any claims arising out of or in connection with these Terms or the Service shall not exceed the amount you have paid us in the twelve (12) months preceding the event giving rise to the claim.

7. Indemnification

7.1. Indemnification

You agree to indemnify, defend, and hold harmless Noon and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your breach of these Terms, or your violation of any applicable law or regulation.

8. Termination

8.1. Termination

These Terms will remain in effect until terminated by either party. You may terminate these Terms by ceasing to use the Service. We may terminate these Terms and your access to the Service at any time, with or without cause, upon written notice to you.

8.2. Effect of Termination

Upon termination of these Terms, your right to use the Service will immediately cease. We may delete your account and any data associated with your account at any time, without liability to you.

9. Miscellaneous

9.1. Governing Law

These Terms and any disputes arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of the Netherlands.

9.2. Dispute Resolution

Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the Netherlands Arbitration Institute.

9.3. Changes to these Terms

We may revise these Terms from time to time, in our sole discretion. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Service. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms.

9.4. Entire Agreement

These Terms constitute the entire agreement between you and Noon with respect to the Service, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Noon.

9.5. Assignment

You may not assign these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. We may assign these Terms or any of our rights or obligations hereunder, without your consent or notice.

9.6. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.7. Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

If you have any questions about these Terms, please contact us at: hello@noon.work

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