Terms of Use

Last updated: December 5, 2024
These Terms of Use (hereinafter "Terms") govern the access and use of Smartbot services, published by Smart Leaders SAS. By using Smartbot, you agree to these Terms in their entirety.

1. Definitions

For the purposes of these Terms, the following terms have the meanings below:

• Smartbot: A SaaS solution powered by multiple AI LLMs (ChatGPT, Claude, Mistral, etc.), enabling prompt creation, customization, management, no-code workflow integration, and providing educational resources with human support.
• User: Any individual or legal entity accessing or using Smartbot services, whether a visitor or a licensed customer.
• Services: All functionalities offered by Smartbot, including access to AI models, the prompt library, human support, and integration options.
• Account: The User's personal space, accessible upon registration on Smartbot.
• User Data: Information provided by the User or generated through the use of the Services, such as prompts, activity logs, and account details.
• Partner: Any third party involved in delivering the Services, such as hosting providers or AI model suppliers.

2. Purpose

These Terms establish the rights and obligations of the parties regarding the access, use, and operation of Smartbot by Users.

3. Acceptance and Enforceability of the Terms

3.1. Acceptance

Accessing or using Smartbot constitutes unconditional acceptance of these Terms, formalized during account creation or service usage.

3.2. Enforceability

The Terms are binding on all Users upon acceptance. In the event of changes, the applicable version is the one in effect at the time of access or use.

3.3. Legal Capacity

The User declares having the legal capacity to accept these Terms. If acting on behalf of a legal entity, the User guarantees having the authority to bind said entity.

4. Services Offered

4.1. Multi-LLM Access

• Access and use multiple AI models through a unified interface.
• Regular updates to integrate the latest advancements in AI models.

4.2. Customizable Prompt Library

• Create, manage, and reuse prompts.
• Securely store prompts in a dedicated space.

4.3. Human Support and Assistance

• Access detailed tutorials, practical guides, and online training.
• Support via email or other channels specified during subscription.

5. Terms of Service Access

5.1. Account Creation and Management

Certain features require account creation:

• The User must provide accurate, complete, and up-to-date information.
• Login credentials (email, password) must remain confidential.

5.2. Authentication

Smartbot may implement enhanced authentication mechanisms (MFA) to secure User accounts.

5.3. Updates and Availability

Smartbot reserves the right to modify, suspend, or temporarily interrupt access to Services for maintenance or updates, without prior notice when necessary to ensure security.

6. Obligations and Responsibilities

6.1. Smartbot's Obligations

• Availability: Smartbot guarantees 99.5% service availability, except for scheduled maintenance or force majeure.
• Security: Smartbot employs industry-standard security measures (encryption, regular audits).

6.2. User Obligations

The User agrees to:

• Not misuse the Services for unlawful, fraudulent, or harmful purposes.
• Respect third-party rights, including intellectual property and personal data.
• Refrain from reverse-engineering or decompiling the Smartbot software.

6.3. Liability Limitation

• Smartbot does not guarantee the accuracy of responses provided by AI models.
• Smartbot's liability is limited to proven faults and will not exceed the payments made by the User in the past 12 months.

7. Intellectual Property

7.1. Service Ownership

All content (source code, interfaces, graphics, etc.) remains the exclusive property of Smart Leaders SAS.

7.2. User Rights

Prompts created by Users remain their property. However, Smartbot reserves the right to use such data anonymously to improve services.

7.3. Usage License

Smartbot grants the User a personal, non-transferable, and non-exclusive license to access and use the Services in compliance with these Terms.

8. Personal Data and Confidentiality

The processing of personal data is governed by our Privacy Policy, available on our website.

9. Amendments to the Terms

Smartbot reserves the right to modify these Terms:

• Any changes will be notified via email or the user dashboard with 30 days' notice.
• In case of disagreement, the User may terminate their account before the new Terms take effect.

10. Account Termination and Suspension

10.1. By the User

The User may terminate their account at any time through the management interface.

10.2. By Smartbot

Smartbot reserves the right to suspend or terminate an account in cases of:

• Non-compliance with these Terms.
• Suspicious or fraudulent activities detected on the account.

10.3. Termination Consequences

• All User data will be deleted within 30 days unless legally required otherwise.

11. Governing Law and Disputes

These Terms are governed by French law. In case of disputes, the parties agree to seek an amicable resolution before resorting to judicial action. Failing this, the competent courts of Paris will have jurisdiction.

12. Contact

For any questions regarding these Terms or the Services:

• Email: contact@smartleaders.eu
• Postal Address: Smart Leaders SAS, 154 avenue d’Argenteuil, 92600 Asnières-sur-Seine.

General Terms and Conditions of Sale (GTCS)

Last updated: December 5, 2024
These General Terms and Conditions of Sale (hereinafter "GTCS") define the contractual terms and conditions between Smart Leaders SAS, the publisher of the Smartbot tool, and its professional clients (hereinafter "the Client"). They specify the rights and obligations of the parties regarding the provision of services offered by Smartbot.

1. Definitions

For the purposes of these GTCS, the following terms have the meanings below:

• Smartbot: A SaaS artificial intelligence solution powered by multiple LLMs, enabling access to various AI models, prompt customization, and business process automation.
• Client: Any legal entity subscribing to Smartbot services for professional purposes.
• Services: The full range of functionalities provided by Smartbot, including access to AI models, the prompt library, technical support, and advanced integrations.
• Subscription: A contract entered into by the Client to access Smartbot Services in exchange for periodic fees.
• Client Data: Any data or content provided by the Client or generated through the use of the Services.
• Partners: Third-party contractors involved in delivering the Services (e.g., hosting providers, AI model suppliers).

2. Purpose

These GTCS aim to define the terms of provision for Smartbot Services as well as the rights and obligations of the parties.

3. Acceptance of the GTCS

3.1. Consent

Acceptance of these GTCS is a prerequisite for subscribing to the Services. This acceptance is formalized through a checkbox or any other mechanism provided during the subscription process.

3.2. Enforceability

These GTCS are binding on the Client upon acceptance. Any use of the Services implies full and unconditional acceptance of the GTCS.

3.3. Legal Capacity

The Client guarantees they have the necessary capacity and authority to bind their organization under these GTCS.

4. Services Offered

4.1. Service Description

Smartbot offers:

• Multi-LLM Access: Simultaneous consultation and use of several AI models (ChatGPT, Claude, Mistral, etc.) through a unified interface.
• Prompt Library: Creation, storage, and reuse of customized prompts to meet the Client's needs.
• Client Support: Technical and functional assistance via email and video tutorials.
• Updates: Regular access to advancements in AI models and features.

4.2. Service Limitations

Smartbot does not guarantee uninterrupted availability of the Services unless specifically agreed upon in an additional contract (SLA).

4.3. Service Evolution

Smartbot reserves the right to modify, add, or remove features for technical, legal, or commercial reasons. Major changes will be notified to the Client with a 30-day notice.

5. Pricing and Billing

5.1. Service Pricing

• The standard rate is €20/month/license, including taxes.
• Discounts may apply for bulk or long-term subscriptions, per a specific commercial offer.

5.2. Price Revisions

• Smartbot reserves the right to change prices at any time with at least 30 days' prior written notice.
• In case of disagreement, the Client may terminate their subscription under Article 7.

5.3. Billing

• Subscriptions are billed in euros.
• Invoices are accessible through the Client's personal account.

5.4. Taxes

All prices are inclusives of taxes. The Client is responsible for paying any applicable taxes as per the prevailing laws.

6. Payment Terms

6.1. Payment Methods

Payments can be made via:

• Credit card through a secure platform.
• SEPA bank transfer.

6.2. Payment Schedules

• Monthly subscriptions are charged on the subscription anniversary date.
• Annual subscriptions are billed as a single payment on the subscription date.

6.3. Late Payments

• In case of late payment, penalties calculated at the legal rate will apply without prior notice.
• A fixed compensation of €40 for recovery costs will also be due.

6.4. Suspension for Non-Payment

If payment remains overdue for 15 days after a formal notice, Smartbot reserves the right to suspend the Services.

7. Duration and Termination

7.1. Contract Duration

The contract is entered into for an indefinite period starting from the subscription date.

7.2. Termination by the Client

• The Client may terminate their subscription at any time via their personal account.
• Termination takes effect at the end of the current billing period.

7.3. Termination by Smartbot

Smartbot may terminate the contract in the following cases:

• Serious violation of these GTCS.
• Non-payment of due amounts after a formal notice.

7.4. Termination Consequences

• Access to the Services will be immediately suspended on the effective termination date.
• Client data will be retained for 30 days unless an explicit request for early deletion is made.

8. Right of Withdrawal

8.1. Applicable Conditions

Under Article L221-18 of the French Consumer Code, professional Clients with fewer than five employees have a 14-day withdrawal period.

8.2. Exercise Procedures

To exercise this right, the Client must send a written request to the following address: contact@smartleaders.eu.

9. Liability and Warranties

9.1. Smartbot Commitments

Smartbot guarantees that the Services provided comply with their description.

9.2. Liability Limitations

• Smartbot is not liable for indirect damages, including data loss or business disruption.
• Smartbot's liability is limited to the amount paid by the Client for Services in the past 12 months.

9.3. Force Majeure

Smartbot is not liable for non-performance or delays caused by force majeure events (e.g., power outages, natural disasters).

10. Intellectual Property

All components of Smartbot, including software, text, graphics, and logos, are protected by intellectual property laws. Any unauthorized reproduction or use is strictly prohibited.

11. Data Protection

The processing of the Client's personal data is governed by Smartbot's Privacy Policy, available at link.

12. Amendments to the GTCS

Smartbot reserves the right to modify these GTCS for technical, legal, or commercial reasons. Any changes will be notified with a 30-day notice.

13. Governing Law and Jurisdiction

These GTCS are governed by French law. Any dispute will be subject to the exclusive jurisdiction of the Paris courts unless otherwise required by mandatory provisions.

14. Contact

For any questions, contact us:

• Email: contact@smartleaders.eu
• Postal Address: Smart Leaders SAS, 154 avenue d’Argenteuil, 92600 Asnières-sur-Seine.