Terms and Conditions of Sale and Use (T&C) – Cockpyt AI

1. Purpose and acceptance

These Terms and Conditions of Sale and Use (hereinafter « T&C ») define the conditions of access, sale and use of the Cockpyt AI platform, accessible at https://www.cockpyt.ai and its subdomains, in particular https://app.cockpyt.ai (hereinafter « the Platform » or « the Service »).

The Platform is published by Florian Zorgnotti, operating as a micro-entrepreneur, registered in the SIRENE register under SIRET number 51860823700039, residing at 4 route de Villefranche, 06340 La Trinité, reachable by email at contact@cockpyt.ai (hereinafter « the Publisher »).

Subscribing to a plan or creating an account on the Platform constitutes the User’s (hereinafter « the User ») full and unreserved acceptance of these T&C.

2. Service access and availability

Access to Cockpyt AI is strictly reserved for professionals (B2B) holding a valid account. The account is personal, nominative and non-transferable. The User is solely responsible for the confidentiality of their credentials and for all actions carried out through their account.

The Publisher endeavours to keep the Platform accessible 24/7, excluding scheduled maintenance operations notified in advance whenever possible. The Publisher is bound by a best-efforts obligation and not by an obligation of result, as the operation of the Service intrinsically depends on third-party providers (cloud hosting, artificial intelligence API providers, external data sources).

3. Beta status of the Service

As of the publication date of these T&C, Cockpyt AI may be offered in a beta phase (private or public). During this phase, the User expressly acknowledges that:

• certain features may evolve, be added, modified or suspended without notice;
• technical incidents, anomalies or occasional interruptions may occur;
• indicators, scores and measurement methodologies may be recalibrated based on user feedback and market evolution;
• beta pricing may be modified for future subscriptions without affecting subscriptions already in progress.

Access during the beta phase is granted in full awareness by the User.

4. Authorized use

The User undertakes to use Cockpyt AI within a legal framework and exclusively for their internal professional needs or those of their clients, within the limits of the subscribed offer. Any provision of the Service on a white-label basis not explicitly provided for by the subscribed plan is prohibited without prior written agreement from the Publisher.

5. Pricing, billing and payment

5.1 Pricing and subscriptions

The Service is provided in the form of a monthly subscription, an annual subscription, or lifetime access, depending on the subscribed offer. The applicable prices are those displayed on the Platform at the time of subscription. Prices are indicated in euros, excluding taxes (HT). The applicable tax regime (VAT liability or VAT exemption scheme) is specified on each invoice in accordance with the Publisher’s tax status in force at the date of invoicing.

5.2 Payment and renewal

Payment is made by credit card via the secure payment provider Stripe. It is payable in advance at the beginning of each billing period. Unless terminated by the User from their customer area before the renewal date, monthly or annual subscriptions are renewed by tacit renewal for an identical duration. Lifetime access offers are not subject to any renewal.

5.3 Withdrawal and refund

Since the Service is exclusively aimed at professionals (B2B) acting within the framework of their activity, the User expressly acknowledges that the right of withdrawal provided for in Articles L. 221-18 et seq. of the French Consumer Code does not apply. Any month or year started is due in full. No refund, total or partial, will be made in the event of early termination, partial use, or non-use of the Service.

5.4 Lifetime access offers

Lifetime access offers are strictly personal, non-transferable and non-resellable. They provide access to the Service’s features within the quantitative limits defined at the time of subscription. The Publisher undertakes to maintain access for as long as the Platform remains in commercial operation. In the event of definitive discontinuation of the Service or major strategic pivot, no refund, pro-rata, or compensation may be claimed by the holder of lifetime access. Product evolutions, the addition of new paid features, or modifications to future pricing tiers do not grant any additional rights to the holder of lifetime access beyond the features existing at the time of subscription.

5.5 Late payment

In the event of default or late payment, access to the Service may be suspended as of right, without notice. In accordance with Article L. 441-10 of the French Commercial Code, any late payment automatically results, from the day following the due date appearing on the invoice, in the application of late payment penalties calculated at a rate of three times the legal interest rate in force, as well as a fixed indemnity for recovery costs of forty euros (€40).

6. Prohibited uses

The following are strictly prohibited, under penalty of immediate termination of the subscription without notice or refund:

• automated scraping, sending abnormal requests, or any action aimed at exceeding or circumventing the quantitative limits defined by the subscribed offer;
• exploiting flaws, anomalies or bugs in the system to generate requests beyond the authorized quota;
• submitting illegal, defamatory, infringing content, or content that infringes third-party rights;
• any attempt at reverse engineering, decompilation or circumvention of security mechanisms;
• resale, sublicensing or provision of access to the Platform to third parties not authorized by the subscribed offer;
• use of the Service for the purpose of training, feeding or building a competing system, whether internal or commercial.

7. Intellectual property and data

7.1 User data

The User remains the sole owner of the prompts, configuration parameters and data they submit on the Platform. They grant the Publisher a non-exclusive, worldwide, limited and revocable license to process such data strictly within the framework of providing the Service.

7.2 Platform and brand

The source code, interface, documentation, proprietary methodologies (in particular the Cockpyt Score and associated analysis algorithms), the Cockpyt AI brand, graphic elements and all associated visual and textual elements are the exclusive intellectual property of the Publisher. Any reproduction, representation, modification, adaptation or exploitation, in whole or in part, is prohibited without prior written authorization.

7.3 Commercial reference

Unless expressly opposed by the User in writing, the Publisher may mention the User’s name and logo as a commercial reference on the Platform and its communication materials.

8. Artificial intelligence and GEO disclaimer

The analyses, scores, recommendations and data produced by Cockpyt AI rely on generative artificial intelligence models provided by third parties. Due to the non-deterministic nature of these technologies:

• results are provided for indicative and analytical purposes only;
• the Publisher does not guarantee the absolute accuracy, completeness, or absence of hallucinations of data generated by third-party AI models;
• the performance of a website, brand or content in generative engines (Generative Engine Optimization, GEO) depends on numerous factors external to the Platform;
• the Publisher shall not be held liable for any decrease in visibility, downgrade, absence of citation, or any change in the User’s positioning within the monitored LLMs.

The User is solely responsible for the strategic, editorial, marketing or financial decisions they make based on the analyses provided by the Service.

9. Personal data protection (GDPR)

The Publisher acts as data controller for the personal data collected within the framework of account management and billing (identity, email address, payment data delegated to Stripe). Processing complies with Regulation (EU) 2016/679 (GDPR) and the amended French Data Protection Act.

Data is retained for the duration strictly necessary for the performance of the contract and for legal obligations, in particular tax and accounting obligations.

In the context of providing the Service, the Publisher relies on subprocessors within the meaning of Article 28 of the GDPR, in particular:

• Stripe (payment processing);
• generative artificial intelligence API providers (processing of prompts submitted for analysis);
• a cloud hosting provider ensuring the Platform’s infrastructure.

The complete and up-to-date list of subprocessors, along with the details of the processing operations, is available in the Privacy Policy accessible on the website.

The User has the rights of access, rectification, objection, portability, restriction and erasure of their personal data, which they may exercise by writing to [GDPR email].

In the event of a personal data breach likely to result in a risk to the rights and freedoms of the User, the Publisher undertakes to notify the incident to the CNIL and, where applicable, to the User within the deadlines provided for in Articles 33 and 34 of the GDPR.

10. Reversibility and end of contract

Upon termination of their subscription, the User has a period of thirty (30) days from the effective date of contract termination to export their data via the features provided for this purpose in their customer area. Upon expiry of this period, the data will be deleted from the Publisher’s production systems, subject to legal retention obligations (billing, accounting, litigation).

11. Limitation of liability

Within the limits permitted by law, the Publisher’s liability is strictly limited to direct damages, to the express exclusion of any indirect damages such as loss of profit, loss of opportunity, commercial prejudice, loss of data, loss of customers, damage to reputation or any other consequential damage.

In any event, and except in cases of gross or intentional fault, the total amount of damages that may be charged to the Publisher is strictly capped at the total amount excluding taxes actually paid by the User in respect of the Service during the twelve (12) months preceding the event giving rise to liability.

12. Force majeure

Neither party shall be held liable for a breach of its contractual obligations in the event of force majeure as defined by Article 1218 of the French Civil Code and French case law, including in particular and without limitation: major unavailability of a cloud provider, prolonged failure of third-party artificial intelligence APIs, cyberattack, administrative or legislative decision rendering the Service impossible to operate, natural disaster, armed conflict.

13. Suspension and termination

The Publisher reserves the right to suspend or terminate as of right any account in the event of a characterized breach of these T&C, without notice or refund, in particular in cases of fraudulent use, non-payment, or breach of the integrity, security or economic viability of the Service.

The User may terminate their subscription at any time from their customer area, the termination taking effect at the end of the current billing period.

14. Evolution of the Service and the T&C

The features of the Service may evolve freely. These T&C may be modified by the Publisher. Any substantial modification will be notified to the User by email with a minimum notice period of thirty (30) days. Continued use of the Service beyond this period constitutes acceptance of the new T&C. In the absence of acceptance, the User may terminate their subscription under the conditions provided for in Article 13.

15. Applicable law and jurisdiction

These T&C are governed by French law.

Any dispute relating to the validity, interpretation or performance of these T&C, which could not be resolved amicably, shall be brought exclusively before the Commercial Court of [City of the Publisher’s registered office], to which the parties grant territorial jurisdiction, including in the event of multiple defendants or third-party proceedings.

16. Contact

For any question relating to these T&C or to the Service: [contact email].