Terms and conditions

1. Purpose

These terms and conditions govern the provision by Moustache AI (“the Provider”) of the Moustache AI conversational agent service subscribed to online at shop.moustacheai.com by a business customer (“the Customer”). Every subscription constitutes unconditional acceptance of these terms in the version in force on the order date.

2. Description of service

The service consists of a conversational agent connected to the Customer's online store, capable of responding to its end customers based on the data that the Customer makes accessible: orders, catalog, help pages and instructions that it defines. The Service is provided in hosted mode, accessible through a browser, and includes updates released during the subscription term.

The Service Provider continuously evolves the service. A development that would remove substantial functionality is announced to the Customer at least thirty days in advance; it then gives rise to the right to immediate termination without charge.

3. Subscription

Subscription is done online. The Customer enters their professional email address, the address of their store and their platform, chooses an offer and registers a means of payment, which will be used to bill conversations exceeding the package. The contract is formed upon validation of the subscription, confirmed by a summary email; when the chosen offer is chargeable, this letter constitutes an invoice for the first term.

The Client declares that he is acting within the framework of his professional activity and guarantees the accuracy of the information transmitted.

4. Offers and prices

Prices are expressed in euros excl. VAT. The applicable value added tax is added during payment, depending on the Customer's country and its intra-community VAT number. The current offers are as follows:

• Découverte — free, with no time limit, 25 conversations included per month, then €1.00 excl. VAT per additional conversation.
• Boutique — €25 excl. VAT per month, 50 conversations included, then €0.50 excl. VAT per additional conversation.
• Croissance — €40 excl. VAT per month, 100 conversations included, then €0.40 excl. VAT per additional conversation.
• Expansion — €100 excl. VAT per month, 300 conversations included, then €0.30 excl. VAT per additional conversation.

The Service Provider may revise its prices. Any revision is notified to the Customer at least thirty days before its entry into force and only applies to subsequent subscription periods. The Customer who refuses it can cancel without charge before this date.

5. Conversation count

A conversation corresponds to an unlimited number of messages exchanged between the agent and an end customer over a twenty-four hour period. It opens with the first message received and closes after twenty-four hours without a new message. The following are not counted: messages sent by the Customer from their space, test conversations prior to publication, and conversations taken over by a human operator.

The statement can be viewed continuously in the customer area and is binding between the parties, unless there is a manifest error.

6. Billing and payment

The subscription is payable in advance, by debit from the registered payment method. An offer for which the subscription fee is zero does not give rise to any debit in this respect, with no time limit; only conversations exceeding the package are billed. Conversations exceeding the package are billed in arrears, on the following month's bill. Payments are operated by Stripe Payments Europe Ltd. ; the Service Provider never has access to the Client's bank details.

A change of offer during the period is automatically prorated. In the event of non-payment, the Service Provider informs the Customer and may suspend access to the service eight days after formal notice remains without effect. In accordance with article L. 441-10 of the commercial code, any late payment gives rise to penalties at the key rate of the European Central Bank increased by ten points, as well as a fixed recovery compensation of forty euros.

7. Duration and termination

The subscription is concluded for a period of one month, renewable by tacit agreement. The Customer can terminate it at any time from their customer area: termination takes effect at the end of the current period, without charge or notice, and the amounts already paid for this period remain due.

The Service Provider may terminate the subscription in the event of a serious breach by the Client, in particular use contrary to Article 8, after formal notice which remains without effect for fifteen days.

8. Customer Obligations

The Client undertakes to:

• use the service only for its own activity and not resell it without written agreement;
• inform its end customers that they are trading with an automated agent, and comply with the regulations applicable in this regard;
• not transmit to the agent sensitive data within the meaning of Article 9 of the GDPR, nor bank details;
• not misuse the service for illicit, misleading or infringing purposes of third parties;
• keep login credentials confidential and report any unauthorised access immediately.

9. Availability and support

The Service Provider implements reasonable means to ensure the availability of the service, excluding scheduled interruptions announced in advance and excluding cases beyond its control. Support is provided by email on business days. A service level commitment can be concluded within the framework of a tailor-made contract.

10. Personal data

For the service, the Customer is the data controller and the Provider acts as a data processor under the GDPR. A data processing agreement compliant with Article 28 of the GDPR is available on request. Processing arrangements are detailed in the Privacy Policy.

Customer conversations and data are not used to train any artificial intelligence model.

11. Intellectual property

The Service Provider retains all rights to the service and its components. The Customer benefits, for the duration of the subscription, from a right of personal, non-exclusive and non-transferable use. The Client retains ownership of its content, data and knowledge base.

12. Liability

The service is based on language models: despite the safeguards put in place, an inaccurate response remains possible. It is up to the Client to check the instructions he sets, to test his agent before publication and to define the subjects reserved for a human operator.

The Service Provider's liability can only be incurred in the event of proven fault and for direct damage only. It is capped at the sums actually paid by the Client during the twelve months preceding the triggering event. Indirect damage is excluded, in particular loss of turnover, customers or data of which the Customer has not kept a copy.

13. Withdrawal

As the service is intended for professionals, the right of withdrawal under the Consumer Code does not apply. However, it benefits professionals employing fewer than six employees when the subject of the contract does not fall within the scope of their main activity, in accordance with article L. 221-3 of the Consumer Code. In practice, the absence of commitment allows any Customer to end their subscription from the first month.

14. Applicable law and disputes

These conditions are subject to French law. In the event of a dispute, the parties will seek an amicable solution before any litigation action. In the absence of agreement, jurisdiction is assigned to the courts within the jurisdiction of the Service Provider's head office, unless otherwise required.