Terms of Use

1. Company Identification

AGO (the "Company" or "AGO") is a simplified sole proprietorship (SASU), registered with the Paris Trade and Companies Register (RCS Paris) under number 930 242 052, with its registered office located at 75 Avenue Simon Bolivar, 75019 Paris, France.

Contact: [email protected]

2. Services Offered

AGO publishes an AI-powered platform (the "Platform") intended for its business clients (the "Clients") aimed at enhancing and automating customer service and operational workflows (the "Services").

The Services leverage artificial intelligence to help Clients improve response times, automate repetitive tasks, and optimize the overall quality of their customer-facing and internal operations.

3. Contractual Documents

The contractual relationship between the Client and AGO is governed, in descending order of priority, by the following documents:

The Quote

• It is established based on the Client's specific needs and the scope of Services requested.
• The Client must accept it in writing (including by email) within 30 days of its issuance. This acceptance constitutes acceptance of the Terms of Use in their version in effect on the date of the Quote.
• In case of conflict, the Quote shall prevail over the Terms of Use.
• In case of conflict, the most recent Quote shall prevail over older one(s).

The Terms of Use

They define the terms of use of the Services and the respective obligations of the parties. They are accessible via a direct link at the bottom of the Platform page and at www.useago.com.

4. Conditions of Access to Services

Access to the Services is strictly reserved for business entities (B2B). By subscribing to the Services, the Client represents and warrants that:

• The Client is a legal entity acting through a natural person with the power or authorization required to contract on behalf of the Client and for its account.
• The Client has professional status, understood as any natural or legal person acting for purposes related to their commercial, industrial, artisanal, liberal or agricultural activity, including when acting on behalf of another professional.
• The Client is not a consumer within the meaning of French or EU consumer protection law. Consumer protection regulations do not apply to these Terms of Use.

5. Account Creation and Access to Services

Registration on the Platform automatically creates an account in the Client's name (the "Account"), which allows access to the Services using their login credentials and password.

Once the Client's Account is created, they may freely create access for users (the "Users") within the limit of the number provided for in the subscribed Services.

The Client is solely responsible for creating access for Users and for their personal use of the Platform. The Client must ensure that Users comply with these Terms of Use.

6. Description of Services

6.1 The Services

The Client acknowledges that the implementation of the Services requires an internet connection and that the quality of the Services depends on this connection, for which AGO is not responsible.

The Services to which the Client has subscribed are described in the Quote. AGO offers in particular:

• AI-powered customer service automation, including intelligent response generation, ticket routing, and conversation management.
• Operational workflow automation, enabling Clients to streamline internal processes and reduce manual handling of repetitive tasks.
• Analytics and reporting dashboards providing insights into customer interactions, resolution rates, and operational efficiency.
• Integration capabilities with the Client's existing tools (CRM, helpdesk software, communication platforms, etc.).
• Customization and configuration of AI models to reflect the Client's brand, tone, and operational requirements.

AGO reserves the right to offer any other Service. Any request to modify the subscribed Services must be subject to an additional Quote.

6.2 Additional Services

Maintenance

The Client benefits during the duration of the Services from maintenance, including corrective and evolutionary maintenance. In this context, access to the Platform may be temporarily limited or suspended. AGO makes its best efforts to provide corrective maintenance to fix any malfunction or bug found on the Platform.

AGO may carry out evolutionary maintenance automatically and without prior notice, including improvements to Platform functionalities, the addition of new AI capabilities, and technical updates.

Hosting

AGO provides, under a best-efforts obligation, hosting of the Platform, as well as data produced and/or entered on or through the Platform, through a professional hosting provider, and on servers located within the European Union.

Technical Support

In case of difficulty encountered when using the Services, the Client may contact AGO at: [email protected]. The technical support service is available Monday to Friday, excluding public holidays, from 9 AM to 6 PM (CET).

7. Subscription Duration

The Subscription begins on the day of subscription for an initial period indicated in the Quote. The Subscription is automatically renewed for successive periods of the same duration as the initial period (together with the initial period, the "Periods"), from date to date, unless the Subscription is terminated under the conditions of the "Termination of Services" article.

8. Financial Terms

Service Prices

The prices of the Services to which the Client has subscribed are indicated in the Quote and are negotiated on a case-by-case basis according to the Client's scope, usage, and specific requirements. Any Period started is due in full. AGO's prices may be revised at any time under the conditions of the "Modification of Terms of Use" article.

Invoicing and Payment Terms

AGO sends the Client an invoice per Period by any appropriate means. Specific invoicing and payment terms (including frequency, method of payment, and due dates) are specified in the Quote.

The Client guarantees AGO that they have the necessary authorizations to use the agreed payment method.

Consequences of Late or Non-Payment

In case of non-payment or late payment, AGO reserves the right, from the day after the due date shown on the invoice, to:

• Immediately suspend the ongoing Services until full payment of all amounts due.
• Charge late payment interest equal to 3 times the legal interest rate, based on the amount of sums not paid by the due date, and a fixed indemnity of €40 for recovery costs.
• Where applicable, declare all amounts owed by the Client immediately due and payable.

9. Intellectual Property Rights

Intellectual Property Rights on the Platform

The Platform is the exclusive property of AGO, as are the software, AI models, algorithms, infrastructures, databases and content of any kind (texts, images, visuals, logos, trademarks, etc.) that it operates. They are protected by all applicable intellectual property rights and database producer rights.

The license granted by AGO to the Client does not entail any transfer of ownership. The Client and Users benefit from a non-exclusive and non-transferable SaaS license to use the Platform for the duration provided in the "Subscription Duration" article.

Intellectual Property Rights on Deliverables

AGO assigns to the Client the proprietary copyright it may hold on any deliverables specifically produced for the Client as part of the Services, including reports, analyses, and documentation (the "Deliverables"). This assignment does not cover the AI models, tools, methods, algorithms, and underlying infrastructure developed and used by AGO, nor any element that enabled the provision of the Services, logos or trademarks affixed to the Deliverables.

The rights thus assigned include the right to reproduce, publish, adapt, and exploit the Deliverables in full ownership, exclusively and definitively, for the legal duration of copyright protection, worldwide.

10. Artificial Intelligence: Specific Provisions

10.1 Nature of the AI System

The Platform is an AI-powered customer service and operations solution. Its core functions include: (i) generating automated replies to customer messages in real time, (ii) automatically routing and classifying incoming tickets based on intent, urgency, and topic, and (iii) integrating with the Client's existing tools such as CRM platforms, helpdesk software, and communication channels.

Because the Platform communicates directly with the Client's end-customers (consumers), the Client acknowledges that it acts as the operator of an AI system that interacts with natural persons and bears the responsibilities set out in this Section accordingly.

10.2 EU AI Act: Transparency Obligations

The Platform may qualify as an AI system subject to Regulation (EU) 2024/1689 on Artificial Intelligence (the "EU AI Act"). In this context, the Client, as deployer of the AI system within the meaning of the EU AI Act, is solely responsible for:

• Informing end-customers, clearly and prior to any interaction, that they are communicating with an AI system and not a human agent, in accordance with Article 50 of the EU AI Act. This disclosure obligation rests entirely with the Client and may not be delegated to AGO.
• Conducting and documenting a fundamental rights impact assessment if the use case falls within a high-risk category under the EU AI Act, and notifying AGO of any such determination without delay.
• Ensuring that a mechanism exists for end-customers to request a human review or escalation of any AI-generated interaction, where legally required or reasonably expected given the context.

AGO provides the Client with technical documentation and configuration options to facilitate compliance with the above obligations. However, AGO does not assume any liability for the Client's failure to meet its own obligations as deployer under the EU AI Act.

10.3 Accuracy of AI Outputs and Allocation of Liability

AI-generated responses are produced probabilistically and may contain errors, omissions, or contextually inappropriate content. AGO makes no warranty that automated replies or ticket classifications will be accurate, complete, or fit for any particular customer interaction. In particular:

• The Client bears sole liability for any damage caused to its end-customers by an incorrect, misleading, or harmful AI-generated reply sent in the Client's name. AGO's liability in such cases is expressly excluded, unless the error results from a proven fault in the Platform's core infrastructure attributable to AGO.
• The Client is responsible for configuring appropriate confidence thresholds, human escalation triggers, and content filters within the Platform to minimize the risk of inappropriate automated responses reaching end-customers.
• The Client must not deploy the Platform in customer-facing scenarios where an incorrect AI response could cause significant harm, including but not limited to medical advice, legal guidance, financial recommendations, or crisis situations, without implementing adequate human oversight mechanisms.

10.4 Prohibited Uses of AI Outputs

The Client is strictly prohibited from using the Platform or its AI outputs to:

• Generate, distribute, or publish content that is false, misleading, defamatory, discriminatory, or likely to deceive end-customers, including the use of AI to simulate human agents without disclosure.
• Engage in practices that exploit, manipulate, or unduly influence end-customers, including through personalized behavioral targeting designed to override rational decision-making, which are prohibited under the EU AI Act.
• Attempt to reverse-engineer, extract, replicate, or fine-tune AGO's underlying AI models, prompts, routing logic, or classification algorithms, whether directly or through systematic querying of the Platform.
• Process special categories of personal data (as defined under Article 9 GDPR) through the Platform, including health, political opinions, biometric, or financial data, without prior written agreement with AGO and implementation of appropriate safeguards.

10.5 GDPR and Automated Decision-Making

Where the Platform's ticket routing or classification functions produce decisions that produce legal or similarly significant effects on end-customers (e.g. denying a refund, deprioritizing a claim), such processing may qualify as automated decision-making under Article 22 of the GDPR. In such cases, the Client is solely responsible for:

• Identifying whether Article 22 GDPR applies to their specific use case and implementing the necessary legal basis, safeguards, and opt-out mechanisms.
• Providing end-customers with meaningful information about the logic of automated processing and their right to request human review, as required by Articles 13, 14, and 22 of the GDPR.

10.6 No Training on Client Data

AGO does not use Client data to train, fine-tune, or improve its AI models. This is an absolute commitment.

More specifically, AGO expressly undertakes that:

• Customer conversations, tickets, messages, and any other content processed through the Platform on behalf of the Client are never used to train, fine-tune, or otherwise improve AGO's AI models or those of its sub-processors.
• Client data is processed solely for the purpose of delivering the Services to that Client and for no other purpose. It is never shared with, or made accessible to, other Clients of AGO.
• AGO ensures, by contract, that its AI sub-processors (including but not limited to OpenAI and Anthropic) apply equivalent data isolation and no-training commitments with respect to data processed on behalf of AGO's Clients.

AGO may collect anonymized, aggregated, and non-attributable usage metrics (such as response times, error rates, and feature adoption rates) solely for the purpose of improving Platform reliability and performance. Such metrics cannot be used to reconstruct, identify, or infer any Client data or end-customer content.

11. Commercial References

The parties may use their respective names, trademarks and logos and refer to their respective platforms as commercial references during the duration of their contractual relationship and for 3 years thereafter, unless one party objects in writing.

12. Client Obligations and Liability

Regarding the Provision of Information

The Client undertakes to provide AGO with all information necessary for the subscription and use of the Services, and to keep such information accurate and up to date throughout the duration of the contractual relationship.

Regarding the Client's Account

The Client:

• Guarantees that the information provided at registration is accurate and undertakes to keep it updated.
• Is responsible for maintaining the confidentiality and security of their login credentials and password. Any access to the Platform using these credentials is deemed to have been made by the Client.
• Must immediately contact AGO at [email protected] if they discover that their Account has been accessed without their knowledge.

Regarding the Use of Services

The Client is responsible for their use of the Services and for any information they share in this context, as well as for the use of the Services by all Users.

The Client is prohibited from using the Services for:

• Engaging in illegal or fraudulent activity.
• Violating public order and good morals.
• Infringing on the rights of third parties in any way.
• Violating any contractual, legislative or regulatory provision.
• Engaging in any activity that interferes with a third party's computer system.
• Generating, disseminating, or publishing content that is defamatory, misleading, discriminatory, or harmful.

The Client is also prohibited from:

• Copying, modifying or misappropriating any element belonging to AGO, including AI models and algorithms.
• Adopting any behavior that interferes with or diverts the computer systems of AGO.
• Marketing, transferring or providing access in any way to the Services or information hosted on the Platform to any third party.

The Client indemnifies AGO against any claim and/or action that may be brought against it following the violation of any of the Client's obligations.

13. AGO Obligations and Liability

AGO undertakes to provide the Services with diligence, it being specified that it is bound by a best-efforts obligation. AGO guarantees that it holds all intellectual property rights on the Platform and Services.

Regarding Quality of Services

AGO makes its best efforts to provide the Client with quality Services and regularly performs checks to verify the operation and accessibility of its Services.

AGO is not responsible for temporary difficulties or impossibilities in accessing its Services due to: circumstances external to its network, failure of equipment or networks not included in its Services, interruption by telecom operators or internet access providers, Client intervention, or force majeure.

Regarding Service Level

AGO does not offer any formal service level guarantee (SLA) for the Platform. However, AGO makes its best efforts to maintain access to the Platform 24 hours a day, 7 days a week, except in case of scheduled maintenance or force majeure.

Regarding Data Backup and Security

AGO makes its best efforts to back up all data produced and/or entered on or through the Platform, and to ensure data security by implementing infrastructure and Platform protection measures, detection and prevention of malicious acts, and data recovery mechanisms.

Regarding Subcontracting

AGO may use subcontractors in the execution of the Services, who are subject to the same obligations as it. AGO nevertheless remains solely responsible for the proper execution of the Services to the Client.

14. Limitation of Liability

AGO's liability is limited solely to proven direct damages suffered by the Client as a result of using the Services.

With the exception of bodily harm, death and gross negligence, and subject to having issued a claim by registered letter with acknowledgment of receipt within one (1) month of the occurrence of the damage, AGO's liability may not be engaged for an amount exceeding the total amounts paid by the Client to AGO during the twelve (12) months preceding the event giving rise to liability.

AGO is only bound by a best-efforts obligation in the context of providing the Services, excluding any obligation of result. AGO expressly excludes any liability for indirect, consequential, or incidental damages, including but not limited to loss of profits, loss of data, loss of business opportunity, or reputational damage.

Given the nature of artificial intelligence, AGO does not warrant that the Platform's outputs will be error-free, unbiased, or fit for any particular purpose. The Client assumes full responsibility for their reliance on and use of AI-generated content.

15. Admissible Evidence

Evidence may be established by any means. The Client is informed that messages exchanged through the Platform, as well as data collected on the Platform and AGO's computer equipment, constitute admissible forms of evidence, particularly to demonstrate the reality of the Services provided and the calculation of their price.

16. Personal Data

General Provisions

The parties undertake, each for their part, to comply with all legal and regulatory obligations incumbent upon them regarding the protection of personal data, including Law 78-17 of January 6, 1978 (as amended) known as the Data Protection Act and EU Regulation 2016/679 of April 27, 2016 (the "GDPR") (together the "Applicable Regulations").

Data Processing as Processor

In the context of the Services, AGO processes personal data as a data processor within the meaning of the Applicable Regulations on behalf of the Client. The Client acts as data controller.

Processing Characteristics

Purposes: Provision of the Services in accordance with these Terms of Use, including AI model inference and analytics.

Nature of operations: Collection, recording, organization, storage, consultation, use, communication by transmission, anonymization, deletion or destruction.

Types of data processed:

• Identification data (surname, first name)
• Contact details (email address, phone number)
• Professional data (company, position)
• Customer interaction data (messages, queries, conversation logs)
• Connection and usage data (date and time of connection, IP address, device, browser, operating system)

Categories of data subjects: Employees, collaborators, and customers of the Client.

Processing duration: Duration of the commercial relationship between AGO and the Client.

Authorized Sub-processors

The current list of authorized sub-processors is maintained and publicly available at: https://trust.useago.com/

This page is kept up to date and constitutes the authoritative and exhaustive list of sub-processors engaged by AGO. Clients are encouraged to consult it at any time.

AGO will notify the Client at least 30 days in advance before adding or replacing any sub-processor. The Client may object within 15 days of receiving notice. If a reasonable objection cannot be resolved, the Client may terminate the affected Services without penalty.

International Data Transfers

When personal data is transferred outside the European Economic Area (EEA), AGO ensures appropriate safeguards are in place, including Standard Contractual Clauses (SCCs) approved by the European Commission, or other valid transfer mechanisms under applicable law.

AGO Obligations as Processor

• Process personal data only for the purposes listed and in accordance with the Client's documented instructions.
• Implement appropriate technical and organizational measures to ensure the security and integrity of personal data. All personnel with access to personal data are bound by confidentiality obligations.
• Notify the Client of any personal data breach within 72 hours of becoming aware of it, including the nature of the breach, the categories and approximate number of affected data subjects, and the measures taken to address the breach.
• Assist the Client in responding to requests from data subjects exercising their rights under the Applicable Regulations (access, rectification, erasure, portability, objection) within 10 business days.
• Upon termination, provide the Client with 30 days to export their data. After this period, AGO will delete all personal data within 30 days, unless retention is required by applicable law.

Client Obligations

The Client undertakes to collect personal data lawfully, fairly and transparently, and to provide AGO only with data that is relevant and necessary for the Services. The Client must not provide special category data within the meaning of the GDPR unless expressly agreed in writing with AGO.

17. Force Majeure

AGO cannot be held responsible for failures or delays in the performance of its contractual obligations due to force majeure as defined in Article 1218 of the French Civil Code.

If AGO is prevented from performing its obligations due to force majeure, it will inform the Client by any written means. Obligations are suspended upon receipt of such notification and must be resumed within a reasonable time after the cessation of the force majeure event.

18. Termination of Services

The Subscription must be terminated no later than 30 days before the end of the current Period, by:

• The Client, by sending AGO a termination request to: [email protected].
• AGO, by sending an email to the Client.

Any Period started is due in full. It is the Client's responsibility to download all documents accessible on the Platform before the end date of the Services. AGO cannot be held responsible for the deletion of these documents after that date. The Client will no longer have access to their Account from the end of the Services.

19. Sanctions for Breach

The following constitute essential obligations with respect to the Client (the "Essential Obligations"):

• Payment of the price.
• Not providing erroneous or incomplete information to AGO.
• Respecting usual rules of courtesy in exchanges with AGO.
• Not using the Services for a third party.
• Not engaging in illegal, fraudulent activities or activities that infringe on the rights or security of third parties.
• Compliance with applicable laws and regulations.

In case of breach of any Essential Obligation, AGO may: suspend or terminate the Client's access to the Services without notice, notify any competent authority and cooperate fully with it, and/or take any legal action available.

In case of breach of any other obligation, AGO will request by written means that the Client remedy the breach within 15 calendar days. The Services will end at the end of this period if the breach is not remedied.

20. Modification of Terms of Use

AGO may modify its Terms of Use at any time and will inform the Client by any written means (including by email) at least 30 calendar days before they come into effect.

The modified Terms of Use are applicable upon renewal of the Client's Subscription. If the Client does not accept these modifications, they must terminate their Subscription in accordance with the "Termination of Services" article. Continued use of the Services after the entry into force of the modified Terms of Use constitutes acceptance of the new Terms.

21. Applicable Law and Jurisdiction

These Terms of Use are governed by French law. In case of dispute between the Client and AGO, and failing amicable agreement within 2 months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), except for mandatory provisions to the contrary.

22. Acceptance

By subscribing to the Services or by signing the Quote, the Client acknowledges having read and accepted these Terms of Use in their entirety.