Terms of Service
Publisher: Symbiome, 2637 Route de Montremont, 74230 Thônes, France, registered with the Annecy Trade and Companies Register under number 999 600 778 R.C.S. Annecy, represented by Arthur Talpaert, co-founder.
Contact: contact@trackbats.com
Preamble
These Terms of Service (hereinafter "ToS") govern the use of the TrackBats service (hereinafter the "Service"), a SaaS platform enabling users to upload, analyse and track bat videos and other species in natural or urban environments. The Service is published by Symbiome (hereinafter the "Publisher").
Use of the Service implies full and unconditional acceptance of these ToS. If you disagree, you must immediately cease using the Service.
Article 1 – Purpose
These ToS define the conditions of access to and use of the Service, as well as the rights and obligations of the Publisher and Users.
Article 2 – Definitions
- "User": Any natural or legal person using the Service, whether subscribed to a paid Plan or using the free Discovery plan.
- "Personal Data": Any information relating to an identified or identifiable natural person (e.g. email address, connection metadata).
- "User Content": Videos and other data uploaded by the User to the Service.
- "Detection Models": The artificial intelligence algorithms developed by the Publisher to analyse User Content.
- "Plan": The subscription tier chosen by the User (Discovery, Basic, Standard or Expert), defining the features and quotas available.
Article 3 – Registration and user account
3.1 Account creation
Access to certain features of the Service requires the creation of a User account. To do so, the User must provide:
- A valid email address.
- A password meeting the security requirements displayed at registration.
3.2 User responsibilities
The User is solely responsible for:
- The confidentiality of their login credentials.
- The accuracy of the information provided.
- Compliance with these ToS and applicable laws.
3.3 Data collected
The Publisher collects the following Personal Data:
- Email address.
- Password (stored in hashed and secure form).
- Registration date and last login date.
Personal Data is processed in accordance with the Publisher's Privacy Policy, available at: https://trackbats.com/en/privacy-policy/
Article 4 – Intellectual property
4.1 Ownership of the Service
The Service, including its source code, interface, features and Detection Models, is the exclusive property of the Publisher. Any unauthorised reproduction, modification or use is strictly prohibited.
4.2 Licence over User Content
The User retains intellectual property over their User Content. However, by uploading Content to the Service, the User grants the Publisher a worldwide, non-exclusive, royalty-free, perpetual and irrevocable licence to:
- Host, display and analyse User Content as part of the Service.
- Use User Content (not containing identifiable Personal Data) to train and improve Detection Models, in accordance with Article 5.
Article 5 – Use of User Content by the Publisher
5.1 Content without Personal Data
For User Content not containing identifiable Personal Data (e.g. bat videos, landscapes or natural environments without identifiable human presence), the Publisher reserves the right to use them to:
- Train and improve its Detection Models.
- Improve the features of the Service.
This use is based on the Publisher's legitimate interest (Article 6.1.f of the GDPR) in developing effective tools for biodiversity conservation. Users may object to this use by contacting contact@trackbats.com.
5.2 Content with Personal Data
For User Content containing identifiable Personal Data (e.g. faces, licence plates), the Publisher will not use such data to improve its Detection Models.
5.3 Right of withdrawal
Users may delete their Content at any time. Content already used to train Detection Models cannot be removed from existing datasets but will no longer be used for future improvements.
Article 6 – Subscription plans and financial conditions
6.1 Available Plans
The Service is accessible under four pricing Plans:
| Plan | Annual price (excl. tax) | Videos included | Max. video duration |
|---|---|---|---|
| Discovery | Free | 5 videos | ≤ 2 h |
| Basic | €295 | Unlimited | ≤ 2 h |
| Standard | €795 | Unlimited | > 2 h |
| Expert | €1,195 | Unlimited | > 2 h |
The detailed features of each Plan are described on the Service pricing page: https://trackbats.com/en/pricing/
6.2 Discovery Plan
The Discovery Plan is free and allows up to 5 videos to be analysed with no commitment. It is not renewable and does not provide access to the advanced features of paid Plans.
6.3 Annual subscriptions
Basic, Standard and Expert Plans are subscribed for a period of one year from the date of subscription. Subscriptions are renewable at expiry. The User may cancel their subscription at any time, with cancellation taking effect at the annual renewal date.
6.4 Billing
Prices are stated in euros excluding tax (excl. VAT). Any order constitutes acceptance of these ToS and the pricing applicable at the time of subscription. An invoice is issued by the Publisher for each payment.
6.5 Refund policy
Subscriptions are non-refundable, except in the following cases:
- Manifest billing error on the part of the Publisher.
- Persistent technical inability to use the Service, attributable exclusively to the Publisher, lasting more than 7 consecutive days.
Any refund request must be sent to contact@trackbats.com within 14 days of the relevant subscription.
6.6 Non-profit and custom pricing
The Publisher may offer reduced rates to non-profit organisations and associations, as well as custom offers for high volumes, multi-user accounts or API access. Such offers are subject to a specific agreement between the Publisher and the User concerned.
6.7 Complimentary access
The Publisher may, at its discretion, grant free or reduced-rate access to certain Users as part of academic partnerships, beta programmes or promotional initiatives. Such access is subject to the same terms of use as paid Plans, unless otherwise communicated by the Publisher.
Article 7 – Data protection (GDPR)
7.1 Data controller
The Publisher is the data controller for Personal Data collected through the Service.
7.2 Purposes of processing
Personal Data is processed for the following purposes:
- Provision and improvement of the Service.
- User support.
- Analysis of User Content (excluding Personal Data) to train Detection Models.
7.3 Retention periods
- Account data: Retained until deleted by the User.
- User Content: Retained until deleted by the User, except for Content used to train Detection Models (retained indefinitely in anonymised form).
7.4 User rights
In accordance with the GDPR, Users have the following rights:
- Access, rectification, deletion of their Personal Data.
- Objection to the processing of their User Content (Article 5.1).
- Portability of their data.
To exercise these rights, contact: contact@trackbats.com.
7.5 Data security
The Publisher implements technical and organisational measures to protect Personal Data against loss, alteration or unauthorised access (e.g. data encryption, regular backups).
For further information, see the Privacy Policy: https://trackbats.com/en/privacy-policy/
Article 8 – User responsibilities
8.1 Uploaded Content
The User warrants that:
- They hold all rights over the Content they upload.
- The Content does not infringe third-party rights (e.g. image rights, intellectual property).
- The Content is not illegal, defamatory or privacy-infringing.
8.2 Compliant use
The User agrees to:
- Not use the Service for illegal purposes or contrary to these ToS.
- Not disrupt the operation of the Service (e.g. DDoS attacks, malicious code injection).
Article 9 – Limitation of liability
9.1 Disclaimer of warranties
The Service is provided "as is", without warranty of any kind, express or implied. The Publisher does not warrant:
- The accuracy of detections made by the Models.
- The permanent availability of the Service (e.g. maintenance, technical outages).
9.2 Limitation of liability
The Publisher shall not be liable for:
- Data loss or detection errors.
- Indirect damages (e.g. loss of revenue, reputational damage) suffered by the User.
9.3 Service interruption
In the event of a technical interruption causing the loss of an ongoing analysis, the Publisher undertakes to address the User's request within 5 business days, upon simple request to contact@trackbats.com.
Article 10 – Amendments to the ToS
10.1 Right to amend
The Publisher reserves the right to modify these ToS. Users will be informed by email or via a notification on the Service.
10.2 Acceptance of amendments
Continued use of the Service following amendment of the ToS constitutes acceptance of the new terms.
Article 11 – Termination
11.1 Termination by the Publisher
The Publisher may terminate access to the Service in the event of:
- Breach of the ToS by the User.
- Fraudulent or illegal conduct.
- Account inactivity for more than 24 months.
In the event of termination for inactivity, the User will be notified by email 30 days before the account is closed.
11.2 Termination by the User
The User may cancel their subscription at any time. Cancellation takes effect at the annual renewal date of the subscription. No pro-rata refund is made, except as provided in Article 6.5.
Article 12 – Governing law and disputes
12.1 Governing law
These ToS are governed by French law.
12.2 Dispute resolution
In the event of a dispute, the User is invited to contact the Publisher first at contact@trackbats.com to seek an amicable resolution.
Failing amicable resolution, any dispute relating to the interpretation or performance of these ToS shall be submitted to the exclusive jurisdiction of the Commercial Court of Annecy (Tribunal de Commerce d'Annecy), France.