Terms and conditions of sale and use

1. Parties and purpose

These terms govern the subscription to and use of the Tilavo service (the "Service"), published by [To be completed: company name], [To be completed: legal form and share capital], whose registered office is located at 40 rue des Saules, 31400 Toulouse, registered under number [To be completed: trade register (RCS) and SIREN number] (the "Publisher"), and the professional who creates an account (the "Customer").

The Service allows the Customer to create a conversational assistant based on artificial intelligence, install it on its website, and manage its conversations, leads, appointment requests and automations.

2. Business customers only

The Service is reserved for professionals acting for the purposes of their business. By creating an account, the Customer declares that it is acting as a professional and accepts these terms. Consumer protection provisions of the French Consumer Code, including the right of withdrawal, do not apply.

3. Account and free trial

Sign-up is free and gives access to a limited trial (number of AI messages shown on the website), without any payment method and with no automatic conversion into a paid subscription. The Customer guarantees the accuracy of its information and the confidentiality of its credentials; it is responsible for actions carried out from its account and by its team members.

4. Plans, prices and payment

• Plans, their limits and prices are shown on the Pricing page. Prices are expressed in euros excluding taxes. TVA non applicable, art. 293 B du CGI.
• The subscription is payable in advance, monthly or yearly at the Customer's choice, by card through the payment provider Stripe. It renews automatically for the same period until cancelled.
• An invoice is issued for each payment; it is available in the customer workspace (Subscription page).
• Prices may change: any increase is notified to the Customer at least 30 days before it applies to its subscription, and the Customer may cancel before that date.
• Late payment: interest at the rate of trois fois le taux d'intérêt légal en vigueur, payable without reminder, and a fixed recovery fee of €40 (French Commercial Code, Articles L441-10 and D441-5). If a payment fails, the Customer is informed; if not resolved within 15 days, access to paid features may be suspended.

5. Plan changes, cancellation and refunds

• The Customer can change plan or billing period at any time from its workspace; the price difference is prorated by Stripe and applied to the next invoice.
• The Customer can cancel at any time from its workspace (billing portal). Cancellation takes effect at the end of the current paid period (month or year); the Service remains available until then. No prorated refund is due for the period started.
• In the event of a serious breach by the Publisher not remedied within 30 days of formal notice, the Customer may terminate and obtain a refund of the unused paid period.

6. Availability and support

The Publisher uses reasonable means to keep the Service available 24 hours a day, without any guaranteed availability figure. Interruptions may occur for maintenance, announced in advance where possible, or if a technical provider is unavailable. Support is provided by email at lenny.villarouge@gmail.com, with a reply within 2 jours ouvrés.

7. Artificial intelligence: how it works and its limits

• The assistant's answers are generated automatically by a provider's artificial intelligence model, based on information supplied by the Customer. The Service is designed not to make up prices, availability or services and to direct the visitor to the Customer when in doubt, but an AI can make mistakes.
• The Customer remains responsible for the accuracy and updating of the information it provides (prices, opening hours, services, commercial terms) and for supervising conversations, which it can review and take over at any time.
• Visitors are informed that they are talking to a virtual assistant. Appointment requests collected are not confirmations: the Customer confirms them.

8. Customer obligations and prohibited uses

The Customer uses the Service in compliance with the law and informs visitors to its website of the use of an automated assistant and of the processing of their data. It shall not use the Service for any unlawful or misleading purpose or in breach of third-party rights, collect sensitive data through the assistant, make automated decisions producing legal effects on individuals, or attempt to access other customers' data or bypass technical and security limits.

9. Personal data

For data relating to its own customers (accounts, billing), the Publisher is the controller: see the privacy policy. For data relating to visitors to the Customer's website, the Publisher acts as processor; the data processing agreement forms an integral part of these terms.

10. Confidentiality

Each party keeps confidential the other party's non-public information of which it becomes aware, for the duration of the contract and two years after it ends.

11. Intellectual property

The Service, software, brand and content of the Publisher remain its property; the Customer has a non-exclusive, non-transferable right of use for the duration of its subscription. Data and content supplied by the Customer remain its property and are not used to train artificial intelligence models.

12. Reversibility

During the subscription and for 30 days after it ends, the Customer can export its data (leads in CSV format, full company export from Settings). After that, and subject to legal retention obligations (notably for invoices), the data is deleted.

13. Liability

The Publisher's liability is limited to direct and foreseeable damage, and capped at the amount paid by the Customer in the twelve months preceding the event giving rise to liability. It does not cover indirect damage (loss of revenue, customers or reputation), nor the consequences of an assistant answer based on incorrect or incomplete information supplied by the Customer.

14. Suspension

The Publisher may suspend an account in the event of a serious breach of these terms, abusive use or non-payment, after notification except in an emergency (security of the Service or its users).

15. Complaints

Any complaint should be sent to lenny.villarouge@gmail.com. The Publisher replies within 15 days.

16. Changes to these terms

Any change to these terms is notified by email at least 30 days before it takes effect; the Customer may cancel before that date.

17. Governing law and jurisdiction

These terms are governed by French law. Failing an amicable settlement, any dispute falls within the jurisdiction of the commercial court of Toulouse. In the event of discrepancy between language versions, the French version prevails.