Usage Terms

These Patalyze Usage Terms (“Usage Terms”) are an agreement between Organization and Patalyze GmbH governing Organization’s purchase, receipt, or use of any AI & Data Usage Balance redeemable for Patalyze’s Services (“AI & Data Usage Balance”). Capitalized terms used but not defined in these Usage Terms will have the meanings set forth in the agreement between Organization and Patalyze that governs Organization’s use of the applicable Services (the “Agreement”).

1. Types of AI & Data Usage#

Patalyze offers consumption-based Services that draw on an AI & Data Usage Balance made up of (i) Paid AI & Data Usage, purchased by topping up the Balance, (ii) Included AI & Data Usage, the periodic allowance included with a subscription plan, and (iii) promotional Free AI & Data Usage that Patalyze may grant. All are denominated in euro and deducted in accordance with Section 9 of the Terms and Conditions. Free AI & Data Usage is granted free of charge and without consideration.

2. Nature of the AI & Data Usage Balance#

The AI & Data Usage Balance is not legal tender, currency, a bank account, digital wallet, stored-value account, or other payment device. It is not money and confers no claim to payment except as expressly provided in Sections 9.6, 9.7 and 10.7 of the Terms and Conditions, is non-transferable, and confers no property right other than the right to use the applicable Services. The Balance, with itemisation of deductions, is available for review in Organization’s account, and Organization is solely responsible for verifying it. Any purported transfer, sale, gift or trade of AI & Data Usage is prohibited and entitles Patalyze to suspend the Balance concerned until the matter is resolved and to terminate the Agreement for cause. Section 10.7 of the Terms and Conditions applies.

3. Subscriptions#

Subscription plans are paid monthly or annually, as selected. Each plan includes a predefined amount of AI & Data Usage for each one-month period of the term (a “Usage Month”), expressed as a euro value and specified in the order (the “Included Usage”). Subscription fees are charged in advance (monthly plans at the start of each monthly billing period, annual plans as a single payment at the start of each annual billing period), and on annual plans the Included Usage is provided per Usage Month over the term, not as a single annual allowance. Upgrades take effect immediately, together with the new fees. Downgrades take effect at the start of the next billing period.

4. Top-ups#

Independently of, or in addition to, any subscription, Organization may add Paid AI & Data Usage by purchasing top-ups (“Top-ups”) on an ad-hoc basis, in the amounts Patalyze makes available. Organization is under no obligation to purchase Top-ups on any recurring or scheduled basis. Top-ups convert from euro to AI & Data Usage one-to-one (each 1€ adds 1€ of AI & Data Usage) and are stated exclusive of VAT, with VAT and any other applicable taxes added to the amount payable. The amount is charged in full at the time of purchase, and the AI & Data Usage is added to the Balance once payment is received.

5. Validity and expiry#

Included AI & Data Usage is valid only for the Usage Month in which it is granted, expires at the end of that Usage Month, and does not roll over, whether the subscription is billed monthly or annually. Top-ups expire twelve (12) months after the date of purchase if unused, unless otherwise specified at purchase. Free AI & Data Usage expires twelve (12) months after it is granted if unused, unless otherwise specified at the time of the grant, and does not renew. Patalyze may notify Organization (in the account or by email) before purchased AI & Data Usage expires.

6. Consumption order#

AI & Data Usage is consumed earliest-expiry-first. Where expiry dates are equal, the oldest amount is consumed first. Organization cannot select the consumption order, and all Users assigned to Organization consume from the same AI & Data Usage Balance.

7. Model Rate, Request Fee and subscription fee changes#

Changes to the Model Rates and to the Request Fees are governed by Section 9.6 of the Terms and Conditions, which gives Organization a right to terminate and obtain a pro-rata refund if it does not accept the change. A change applies only to requests made after it takes effect and does not reduce the AI & Data Usage Balance already held. Changes to subscription fees are governed by Section 9.7 of the Terms and Conditions.

8. Changes to these Usage Terms#

Patalyze may modify these Usage Terms by posting a revised version or by emailing the account email, effective as stated, subject to the amendment process and objection rights in Section 13 of the Terms and Conditions.