Devaito Terms of Use

Last Revised: 26 July 2026 · Effective: 26 July 2026 for new customers · 25 August 2026 for existing customers

Welcome to Devaito. These Terms of Use (the "Terms") form a binding legal agreement between you and Devaito SAS, a French société par actions simplifiée. Please read them carefully before using our Services. By accessing, registering for, or using any of the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Services.

Important notice for consumers in the European Economic Area: nothing in these Terms limits any mandatory consumer right you may have under applicable law, including the right of withdrawal under Article L.221-18 of the French Code de la consommation, statutory warranties, and the protections of Regulation (EU) 2016/679 (GDPR).

Important notice for enterprise customers: if you have signed a Master Services Agreement, Order Form, or similar negotiated written agreement with Devaito (an "Enterprise Agreement"), the Enterprise Agreement controls in case of conflict with these Terms. See Section 18.

1. Introduction

1.1 Our Purpose

Devaito provides an AI-powered platform that enables you to create, publish, manage, and grow an online presence — including websites, online stores, mobile applications, marketing campaigns, communications tools, and customer-support tools — without advanced technical skills. The platforms, sites, applications, stores, and other interactive properties created by you using Devaito are collectively your "User Platform(s)".

1.2 Legal Agreement

These Terms, together with our Privacy Policy, our Cookie Policy, our Data Processing Addendum (where applicable), our Acceptable Use Policy (set out in Section 4 below), our Prohibited Products List (set out in Section 10.5 below), any Service Level Agreement expressly offered with your plan (see Section 13.2), and any product-specific terms or order forms referenced in the Services (collectively, the "Devaito Terms"), constitute the entire agreement between you and Devaito regarding the Services. Each of these documents is incorporated into these Terms by reference. The Privacy Policy, Cookie Policy, and Data Processing Addendum are published in our Privacy and Legal Hub at www.devaito.com/page/privacy.

1.3 Who We Are

The Services are provided by Devaito SAS, a société par actions simplifiée registered in France (the "Company"). References to "Devaito", "we", "our", or "us" mean Devaito SAS. References to "you", "User", or "Customer" refer to any individual or legal entity accessing or using the Services. Our registered office, registration number, and statutory information are published in the Legal Notice (Part E) of our Privacy and Legal Hub at www.devaito.com/page/privacy#part-e-legal-notice.

1.4 Eligibility

You may use the Services only if you can form a legally binding contract with Devaito under applicable law. By using the Services, you represent and warrant that: (a) you are at least sixteen (16) years old, or the minimum digital-consent age in your jurisdiction (whichever is higher); (b) if you accept these Terms on behalf of a legal entity, you have full authority to bind that entity; (c) you are not currently barred from using the Services under any applicable law; and (d) you are not located in, organized under the laws of, or a national or resident of any country or region subject to comprehensive economic sanctions imposed by the European Union, the United States, the United Kingdom, or the United Nations Security Council, and you are not on any restricted-party list maintained by those authorities.

1.5 Modifications to These Terms

Devaito may modify these Terms from time to time. For non-material changes, we may update the Terms without prior notice; the "Last Revised" date at the top reflects the most recent change. For material changes — including changes that increase your obligations, reduce your rights, or change pricing structure — we will provide at least thirty (30) days' advance notice through the Services and/or by email before the change applies to you. If you do not agree to a material change, you may cancel your account before the change takes effect; if the change would have applied during a period you have already paid for, we will refund the unused portion of that period on a pro-rata basis. Continued use of the Services after the effective date constitutes acceptance. Previous versions of these Terms are available from us on request.

2. Definitions

Capitalized terms used in these Terms have the meanings set out below.

"AI Credits" means the prepaid or plan-included consumable units used to meter certain AI-powered features, as described in Section 8.12.

"AI Services" means the artificial-intelligence and machine-learning tools, features, and outputs made available as part of the Services, as further described in Section 6.

"API" means any documented application programming interface made available by Devaito, as described in Section 5.7.

"Confidential Information" means non-public information disclosed by one party to the other, in any form, that is identified as confidential or that a reasonable person would understand to be confidential.

"Contributor" means a person you authorize to access or perform actions on your User Account or User Platform.

"End User" means any person who interacts with your User Platform, including visitors, customers, members, or subscribers.

"Fees" means the amounts payable for Paid Services as set out in our pricing pages or in any order form agreed between you and Devaito.

"Paid Services" means any Services that require payment of Fees.

"Personal Data" has the meaning given in the GDPR.

"Services" means all products, applications, websites, software, APIs, content, agents, and tools made available by Devaito.

"Taxes" means any value-added, sales, use, excise, withholding, digital-services, or similar taxes, duties, and levies imposed by any authority, other than taxes on Devaito's net income.

"Third-Party Services" means any service, application, content, integration, or product provided by a party other than Devaito and accessible through the Services.

"User Account" means the account you create with Devaito.

"User Content" means any text, image, video, audio, code, design, data, or other material that you, your Contributors, or your End Users upload, create, generate, or otherwise make available through the Services, including content generated with the assistance of the AI Services.

"User Platform" has the meaning given in Section 1.1.

3. User Accounts

3.1 Account Registration

To use most of the Services, you must register for a User Account. You agree to provide accurate, complete, and current information during registration and to keep it up to date. We may refuse, suspend, or cancel a User Account for any lawful reason, including suspected fraud, abuse, or misrepresentation.

3.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your User Account. You must notify Devaito at support@devaito.com immediately upon discovering any unauthorized access. Devaito is not liable for losses arising from your failure to keep credentials secure, except in cases of Devaito's gross negligence or willful misconduct.

3.3 Contributors and Permissions

You may invite Contributors and assign them roles. You are responsible for the actions of your Contributors and for ensuring they comply with the Devaito Terms. Granting Contributor access does not transfer ownership of the User Account or User Content.

3.4 Account Ownership

Devaito will treat the person or legal entity whose verified email address is on record as the rightful owner of the User Account. In case of an ownership dispute, Devaito may determine ownership in its reasonable discretion based on available documentation.

3.5 Account Verification

Devaito may require you to verify your identity, billing information, or business details for compliance with anti-money-laundering, sanctions, or fraud-prevention obligations. Failure to complete verification within a reasonable time may result in suspension.

4. Acceptable Use, Compliance, and Trade Controls

4.1 General Conduct

You agree to use the Services in accordance with these Terms, all applicable laws, and in a manner that respects the rights of others. The standards in this Section 4 apply to your User Account, your User Platform, your User Content, and to the conduct of your Contributors and End Users. This Section 4 constitutes Devaito's Acceptable Use Policy.

4.2 Prohibited Activities

You will not, and will not permit anyone else to:

(a) send unsolicited commercial communications (spam) in violation of applicable anti-spam laws, including the French Code des postes et des communications électroniques, the EU ePrivacy Directive, and the U.S. CAN-SPAM Act;

(b) reverse-engineer, decompile, or disassemble the Services, except to the extent expressly permitted by applicable law;

(c) circumvent or interfere with security, authentication, rate limits, usage caps, or technical restrictions, including the metering of AI Credits;

(d) scrape, crawl, or otherwise extract data from the Services in bulk or by automated means without our prior written consent;

(e) use the Services to develop, train, fine-tune, evaluate, or benchmark any artificial-intelligence model that competes with the Services;

(f) resell, sublicense, lease, or otherwise commercially exploit access to the Services without a separate written agreement with Devaito;

(g) attempt to gain unauthorized access to the Services, other User Accounts, or underlying infrastructure;

(h) impose an unreasonable load on our infrastructure;

(i) use the Services to operate any high-risk activity where failure could reasonably result in death, personal injury, or significant environmental damage; or

(j) damage, disable, overburden, or impair the operation of the Services.

4.3 Prohibited Content

You will not upload, publish, transmit, or store on or through the Services any content that:

(a) is unlawful, defamatory, obscene, harassing, threatening, or that incites violence, terrorism, or discrimination;

(b) constitutes child sexual abuse material or sexually exploits minors in any form;

(c) infringes any patent, trademark, copyright, trade secret, right of publicity, privacy right, or other intellectual-property or proprietary right;

(d) contains malware, ransomware, viruses, worms, or any other harmful code;

(e) is designed to deceive, defraud, or mislead, including phishing, fake login pages, fake reviews, or impersonation;

(f) promotes, sells, or facilitates the sale of weapons, controlled substances, counterfeit goods, or other goods prohibited by law;

(g) facilitates illegal gambling, multi-level-marketing schemes, pyramid schemes, or Ponzi schemes;

(h) collects or exploits Personal Data of children under the age of digital consent without verifiable parental consent; or

(i) violates any applicable law, regulation, or third-party contract.

4.4 Sanctions, Anti-Bribery, and Export Controls

You represent and warrant that you and your beneficial owners are not the subject of sanctions administered by the European Union, the United States (including OFAC), the United Kingdom, or the United Nations. You agree to comply with all applicable anti-bribery and anti-corruption laws, including the French Loi Sapin II, the U.S. Foreign Corrupt Practices Act (FCPA), and the UK Bribery Act 2010. You will not export, re-export, or transfer the Services in violation of any applicable export-control law, including EU Regulation 2021/821 (dual-use items) and U.S. Export Administration Regulations.

4.5 Enforcement

Devaito may, but is not obligated to, monitor for compliance with this Section 4. We reserve the right to investigate, remove, restrict access to, or refuse to publish any User Content; to suspend or terminate any User Account; or to cooperate with law-enforcement or judicial authorities in connection with any suspected violation. Where reasonably practicable and legally permissible, we will provide you with a notice describing the action taken and the reason, and an opportunity to appeal in accordance with Regulation (EU) 2022/2065 (the Digital Services Act). Illegal content may be reported to us at support@devaito.com (subject "Illegal content report"), which also serves as our single point of contact under Articles 11 and 12 of the Digital Services Act.

5. Content and Intellectual Property

5.1 Your User Content

As between you and Devaito, you retain all right, title, and interest, including all intellectual-property rights, in and to your User Content. Devaito does not claim ownership of your User Content.

5.2 Limited License You Grant to Devaito

You grant Devaito a non-exclusive, royalty-free, worldwide license to host, store, reproduce, and display your User Content solely as necessary to provide, secure, and improve the Services for you and to comply with applicable law. To the extent required for technical operation (for example, format conversion, content delivery networks, backup, or display on devices of different sizes), this license includes the right to make technical adaptations of your User Content. We may sublicense this license to our service providers solely for the purpose of providing the Services. This license terminates when you delete the relevant User Content from the Services, except for backup copies retained for a limited period in the ordinary course of business.

5.3 Devaito's Intellectual Property

The Services, including all software, algorithms, models, designs, templates, fonts, graphics, user interfaces, documentation, trademarks, logos, and related materials (collectively, the "Devaito IP"), are owned by or licensed to Devaito and protected by applicable intellectual-property laws. Subject to your compliance with the Devaito Terms and timely payment of all Fees, Devaito grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and Devaito IP solely as necessary to use the Services as expressly permitted. All rights not expressly granted are reserved by Devaito.

5.4 Licensed Content and Templates

The Services may include third-party content, templates, fonts, stock images, or other materials licensed to Devaito by third parties ("Licensed Content"). Licensed Content is subject to additional terms imposed by the relevant licensor, which we make available to you. Licensed Content may not be extracted from the Services for use outside your User Platform.

5.5 Feedback

If you submit suggestions, comments, or feedback to Devaito ("Feedback"), you grant Devaito an irrevocable, perpetual, royalty-free, worldwide, sublicensable license to use and exploit such Feedback for any purpose, without compensation. You waive moral rights in Feedback to the maximum extent permitted by law.

5.6 Trademark Use

You may not use Devaito's trademarks or logos without our prior written consent, except to factually identify Devaito as the provider of the Services.

5.7 API Access

Subject to your compliance with the Devaito Terms, Devaito grants you a limited, non-exclusive, non-transferable, revocable license to access the documented APIs solely to build and operate integrations for your own User Platform. API keys and tokens are credentials for the purposes of Section 3.2: keep them confidential and do not share them across accounts. API usage is subject to the rate limits, quotas, and technical requirements published in our developer documentation; we may throttle or suspend API access that exceeds them or that degrades the Services. We may modify the APIs; where a change is backwards-incompatible and materially affects a documented endpoint, we will use reasonable efforts to give at least thirty (30) days' notice, except where a shorter period is required for security, legal compliance, or the integrity of the Services. Undocumented or internal interfaces are not part of the APIs and may change or disappear without notice.

6. AI Services

6.1 Scope

The Services include AI-powered features that allow you and your End Users to generate text, images, code, designs, recommendations, and other outputs based on prompts and inputs. This Section 6 governs your use of the AI Services.

6.2 Input and Output

"Input" means any prompt, instruction, file, or other data submitted to the AI Services. "Output" means any content generated by the AI Services in response to an Input. Inputs and Outputs are treated as User Content for the purposes of these Terms, except where this Section 6 provides otherwise.

6.3 Output Accuracy and Limitations

You acknowledge that AI Services are probabilistic and may produce inaccurate, incomplete, biased, offensive, or otherwise problematic Outputs. Outputs may be similar or identical to Outputs generated for other users in response to similar Inputs and may not be eligible for protection as original works of authorship in some jurisdictions. You are solely responsible for reviewing all Outputs before relying on them or making them available to End Users. Where applicable law requires disclosure that content was generated or substantially modified by AI (including under Regulation (EU) 2024/1689, the EU AI Act), you are responsible for ensuring such disclosure on your User Platform.

6.4 Output Ownership

As between you and Devaito, and to the extent permitted by applicable law, you own the Outputs generated by the AI Services in response to your Inputs, subject to the limitations of intellectual-property law and any rights of underlying model providers. Devaito makes no representation as to whether Outputs are protectable by copyright or other intellectual-property rights.

6.5 License to Devaito

You grant Devaito a non-exclusive, royalty-free license to process your Inputs and Outputs as necessary to provide the AI Services, ensure their performance and safety, and comply with our legal obligations.

6.6 Use of Inputs and Outputs for Model Training

Paid plans: Devaito does not use the content of your Inputs or Outputs to train its proprietary AI models. We may use anonymized and aggregated usage signals — such as feature-usage statistics, latency metrics, and error reports — to improve the Services.

Free plans: Devaito will not use your Inputs or Outputs to train AI models unless you provide explicit, granular opt-in consent through your User Account settings. We will not rely on these Terms or implied consent as a legal basis for training-related processing of Personal Data. You may withdraw consent at any time through your account settings or by contacting support@devaito.com; withdrawal does not affect the lawfulness of processing carried out before withdrawal.

6.7 Third-Party AI Providers

The AI Services may rely on third-party model providers. Your Inputs and Outputs may be processed by these providers under their applicable terms and security commitments, which we make available in our Privacy Policy and on request. Devaito remains responsible to you for the AI Services as integrated into our platform.

6.8 Prohibited AI Use

You will not use the AI Services to: (a) generate content that infringes intellectual-property or privacy rights; (b) impersonate any real person without their consent; (c) generate child sexual abuse material, non-consensual intimate imagery, or content depicting real-world violence; (d) generate content for fraud, phishing, harassment, or unlawful surveillance; (e) make consequential decisions affecting individuals (employment, credit, insurance, education, law enforcement, healthcare, or essential services) without appropriate human review and legal compliance; or (f) engage in any practice prohibited by the EU AI Act or other applicable AI regulation, including any use that would be classified as a "prohibited AI practice" under Article 5 of the EU AI Act.

6.9 Evolution of Models and Providers

Devaito may change, replace, or discontinue the underlying models, providers, and configurations used to deliver the AI Services at any time, provided that the overall capabilities of the paid AI Services you have subscribed to are not materially reduced during your current paid period. Specific models are not guaranteed unless expressly stated in an Enterprise Agreement.

6.10 Autonomous Agent Features ("Autopilot")

The Services include features that can act on your behalf with varying degrees of autonomy — for example preparing, scheduling, or publishing content; adjusting marketing campaigns; responding to End Users; or executing routine business tasks (the "Agent Features"). The following rules apply:

(a) You configure the scope. Agent Features operate within the permissions, budgets, limits, and approval settings you configure, and you can pause or disable them at any time through your User Account.

(b) Actions are attributed to you. Actions taken by Agent Features within the scope you have configured or approved are deemed your actions for the purposes of the Devaito Terms and of your relationships with End Users, advertising platforms, and other third parties.

(c) Confirmation for sensitive actions. Actions that commit spending or send bulk communications require your explicit confirmation, unless you have expressly enabled automatic execution for that category of actions within limits you set.

(d) Supervision. Agent Features are assistive automation, not a substitute for running your business. You agree to review the activity logs and dashboards we provide at reasonable intervals and to correct any configuration that produces unintended results.

(e) Safety interventions. Devaito may throttle, pause, or disable an Agent Feature where we reasonably believe it is malfunctioning, being abused, or creating a legal, financial, or security risk for you, for Devaito, or for third parties, and will notify you as soon as reasonably practicable.

(f) No guarantee of outcomes. Section 6.3 applies to Agent Features. Devaito does not warrant any business outcome — including sales, traffic, search rankings, engagement, reputation improvement, or cost savings.

(g) Consequential decisions affecting individuals remain subject to Section 6.8(e).

7. Privacy and Data Protection

7.1 Privacy Policy

Our processing of Personal Data is described in our Privacy Policy, incorporated into these Terms by reference.

7.2 Roles under the GDPR

The parties' respective roles under the GDPR depend on the processing activity:

(a) Devaito as processor. Where you use the Services to process Personal Data of your End Users (including visitors, customers, members of your User Platform), you act as the controller and Devaito acts as your processor for that processing. The terms of our Data Processing Addendum apply.

(b) Devaito as controller. Where Devaito determines the purposes and means of processing (including processing of your account-holder data for account administration, billing, fraud prevention, security monitoring, product improvement, and direct communications), Devaito acts as a controller. Our Privacy Policy describes this processing.

(c) Joint controllership. The parties acknowledge that no joint controllership is established by these Terms unless expressly agreed in writing.

A detailed allocation of roles by processing activity is set out in Annex 1 of our Data Processing Addendum.

7.3 Data Processing Addendum

If you process Personal Data of EU/EEA, UK, or Swiss data subjects through the Services as a controller, our Data Processing Addendum ("DPA") applies and forms part of these Terms. The DPA includes the European Commission's Standard Contractual Clauses for international transfers and the UK Addendum where relevant. The DPA is published as Part C of our Privacy and Legal Hub at www.devaito.com/page/privacy#part-c-dpa, and a countersigned copy for your records is available on request from support@devaito.com.

7.4 Your Data Subject Rights

Where Devaito processes your Personal Data as a controller, you have the rights set out in the GDPR, including access, rectification, erasure, restriction, objection, and data portability, and the right to lodge a complaint with the Commission nationale de l'informatique et des libertés (CNIL) or another competent supervisory authority. Contact support@devaito.com to exercise your rights.

7.5 Cookies and Tracking

The Services use cookies and similar technologies as described in our Cookie Policy. You can manage your preferences through the consent controls we make available and your browser settings.

7.6 International Data Transfers

Devaito may transfer Personal Data outside the EEA. Where it does, it relies on adequacy decisions, Standard Contractual Clauses, and supplementary measures where required.

7.7 Security

Devaito implements appropriate technical and organizational measures designed to protect the Services against unauthorized access, loss, or alteration, as further described in our Privacy and Legal Hub. You remain responsible for the security of your account credentials and the configuration of access controls within your User Platform.

7.8 Personal Data Breach Notification

Devaito will notify affected Customers without undue delay after becoming aware of a Personal Data breach affecting their data, in accordance with the timelines set out in the DPA.

8. Service Fees and Billing

8.1 Free Plan and Trials

Devaito operates on a freemium model. You can use the free plan for as long as you like; it does not convert into a Paid Service automatically, and you are charged only if you actively subscribe to a Paid Service. Where Devaito offers a promotional free trial of a Paid Service, its duration and what happens when it ends will be clearly disclosed before you start, and you will not be charged at the end of a trial without your prior express consent to a paid subscription.

8.2 Paid Services and Subscriptions

Some Services require payment of Fees. Fees, billing frequency, and scope are described on the relevant pricing page or in your order. By subscribing to a Paid Service, you agree to pay the applicable Fees in advance and authorize Devaito to charge your designated payment method, including any applicable Taxes.

8.3 Pricing and Currency

All Fees are stated in U.S. Dollars (USD) unless otherwise specified at purchase. Devaito may change Fees with at least thirty (30) days' notice for the next renewal period; changes do not affect the current paid period.

8.4 Taxes

Fees are exclusive of all applicable Taxes (including VAT, sales tax, and other indirect taxes), unless otherwise stated. Where Devaito is required by law to collect Taxes, those Taxes will be added to your invoice. You are responsible for Taxes related to your business activities, including those on User Products you sell through your User Platform.

8.5 Payment Methods

You must keep a valid payment method on file for any active Paid Service. By providing a payment method, you authorize Devaito (and its payment processors) to charge that method for all applicable Fees. If a charge fails, we may retry the charge, suspend access to the Paid Service, or terminate your subscription in accordance with Section 9.

8.6 Subscription Auto-Renewal

Subscriptions to Paid Services renew automatically at the end of each subscription period for a renewal period of equal length, at the then-current Fee, unless cancelled in accordance with Section 9.1. We will send a renewal reminder for annual or longer subscriptions before the renewal date, within the timeframes required by applicable law. You may cancel auto-renewal at any time through your User Account.

8.7 Right of Withdrawal (EU/EEA Consumers)

If you are a consumer established in the EU or EEA, you have a statutory right of withdrawal of fourteen (14) days from the conclusion of your subscription, exercisable without giving any reason and without penalty. To exercise this right, send an unambiguous statement to support@devaito.com or use the model withdrawal form reproduced in the Annex at the end of these Terms, before the end of the withdrawal period.

Loss of the right of withdrawal: if you have expressly requested that the Services begin during the withdrawal period and have expressly acknowledged at checkout that you will lose your right of withdrawal once the Services are fully performed, the right of withdrawal will be lost upon full performance, in accordance with Article L.221-28 of the French Code de la consommation. If you exercise your right of withdrawal after the Services have begun at your request, you will pay an amount proportionate to the Services provided up to the date of withdrawal.

8.8 Refund Policy Beyond Statutory Rights

Outside mandatory consumer-protection rules, Fees are non-refundable except where Devaito has materially failed to provide the Services and has not cured the failure within a reasonable time after notice. Domain registrations, Third-Party Services, transactional fees, and AI Credits already consumed are non-refundable in all cases.

8.9 Late Payment and Chargebacks

Late payments may bear interest at the statutory rate applicable in France, plus a fixed recovery indemnity of forty euros (40 €) for B2B transactions, in accordance with Article L.441-10 of the French Code de commerce. Unjustified chargebacks may result in suspension of your User Account, recovery of the disputed amounts, and a chargeback-handling fee. Contact support@devaito.com to resolve billing disputes before initiating a chargeback.

8.10 Invoices

Devaito issues an electronic invoice for each payment, available through your User Account. You are responsible for the accuracy of your billing information.

8.11 Promotional Offers

Promotional pricing applies only to the initial subscription period unless otherwise stated; the Services renew at the standard rate at the end of the promotional period.

8.12 AI Credits and Automatic Reload

(a) Nature of AI Credits. Certain AI-powered features are metered in AI Credits. AI Credits are a consumable license unit: they are not money, electronic money, a deposit, or a stored-value instrument; they have no cash value, are non-transferable between accounts, and cannot be exchanged or redeemed outside the Services.

(b) Consumption. The number of AI Credits consumed by each feature is displayed in the Services. We may adjust consumption rates as models and costs evolve; where an adjustment materially increases the credit cost of a documented feature, we will announce it in the Services with reasonable advance notice before it takes effect.

(c) Included and purchased credits. Unless your plan states otherwise, AI Credits included with a subscription reset at the start of each billing cycle and do not roll over. AI Credits purchased separately (top-ups) remain available for as long as your User Account remains active, and expire on account closure.

(d) Automatic reload. If you enable automatic reload, you authorize Devaito to charge your payment method on file for the reload amount you configure whenever your credit balance falls below the threshold you configure. Automatic reload is strictly opt-in, is confirmed at activation, can be disabled at any time in your User Account, and each reload generates an invoice under Section 8.10.

(e) Refunds. Consumed AI Credits are non-refundable. Unused AI Credits are refundable only where required by mandatory law (including where you validly exercise the right of withdrawal under Section 8.7) or where Section 9.2(a) applies.

9. Cancellation and Termination

9.1 Cancellation by User

You may cancel your subscription or close your User Account at any time through your account settings or by contacting support@devaito.com. Cancellation takes effect at the end of the then-current paid period, except where you exercise a statutory right of withdrawal under Section 8.7.

9.2 Termination by Devaito

Devaito may suspend or terminate your User Account, your User Platform, or any portion of the Services as follows:

(a) For convenience. Devaito may terminate the Services for convenience with at least thirty (30) days' prior written notice. In that case, Devaito will refund any prepaid Fees on a pro-rata basis for the unused portion of your subscription, together with the value of unused purchased AI Credits.

(b) For cause. Devaito may terminate immediately, with notice where reasonably practicable, if: (i) you materially breach the Devaito Terms and fail to cure the breach within fifteen (15) days after notice, where the breach is curable; (ii) you fail to pay Fees when due and do not cure within fifteen (15) days after notice; (iii) we are required to do so by law, court order, or competent authority; or (iv) we reasonably believe your use of the Services creates an imminent security risk, technical risk, or legal liability for Devaito or other users (in which case immediate suspension without prior notice is permitted, followed by notice as soon as reasonably practicable).

For B2B users with an established commercial relationship, the parties acknowledge that the notice periods in this Section 9.2 are intended to satisfy the requirements of Article L.442-1 of the French Code de commerce regarding sudden termination of established commercial relationships, taking into account the nature and duration of the relationship.

9.3 Effect of Termination

Upon termination: (a) your right to access and use the Services ends; (b) any Fees already paid are non-refundable, except where required by law, where termination results from Devaito's material breach, or under Section 9.2(a); (c) outstanding Fees become immediately due; and (d) the provisions listed in Section 19.7 survive termination.

9.4 Data Export, Retention, and Deletion

You are responsible for exporting any User Content you wish to retain before cancelling your account. Devaito provides reasonable export tools through the Services, including export of your product catalog, customer lists, orders, and page content in commonly used, machine-readable formats. After termination, Devaito will delete your User Content in the ordinary course of operations, typically within ninety (90) days, except where retention is required by law or for legitimate purposes such as fraud prevention, dispute resolution, or backup recovery. Once deleted, User Content cannot be recovered.

10. E-Commerce, Domains, and Business Services

10.1 Selling on Devaito

The Services include features that allow you to sell physical or digital products, services, subscriptions, content, and event tickets through your User Platform ("User Products"). You are solely responsible for your User Products and your business operations, including product descriptions, pricing, fulfillment, customer service, returns, refunds, warranties, taxes, and legal compliance. Devaito provides the platform; we are not the seller and not party to any contract between you and your customers.

10.2 Payment Providers

To accept payments, you must connect a supported payment provider. Use of any payment provider is subject to that provider's own terms, fees, and risk policies. Devaito is not responsible for the actions or omissions of any payment provider.

10.3 Tax Compliance

You are solely responsible for determining, collecting, reporting, and remitting all Taxes on your User Products, including VAT, sales taxes, customs duties, and digital-services taxes. Tax-related calculations provided by the Services are for guidance only and do not constitute tax advice.

10.4 Customer Relationships

You are responsible for the relationship with your customers, including providing accurate product information, honoring orders, complying with consumer-protection laws, and handling complaints, returns, and chargebacks.

10.5 Prohibited Products

You may not sell through the Services any product or service that: (a) is illegal in the relevant jurisdictions; (b) infringes intellectual-property rights; (c) is misrepresented; (d) falls within the categories of prohibited products listed in this Section (our "Prohibited Products List"), which include weapons and ammunition, controlled substances and drug paraphernalia, counterfeit or stolen goods, sexually explicit material involving minors, goods subject to international sanctions or embargoes, and products designed to facilitate unlawful activity; or (e) is inconsistent with the standards of any applicable payment provider. We may update the Prohibited Products List from time to time in accordance with Section 1.5.

10.6 Refunds and Disputes

You are responsible for handling refunds and disputes with your customers in accordance with applicable consumer-protection law. Devaito may, where required by a payment provider, judicial authority, or regulator, debit your account or reverse transactions to comply with such requirements.

10.7 Domain Registration Services

Where you register a domain name through the Services, Devaito acts as a reseller of accredited third-party registrars. Domain registrations are subject to the registration agreement and policies of the applicable registrar and registry, and to the policies of ICANN or the relevant country-code authority, including the Uniform Domain-Name Dispute-Resolution Policy (UDRP) where applicable. You must provide and maintain accurate registrant contact information; inaccurate information can result in suspension or loss of the domain. Domain registrations renew according to the renewal settings shown in your User Account; if a domain is not renewed before its expiry date, it may enter redemption or be permanently lost, and recovery (where possible at all) may involve additional third-party fees. Domain registration and renewal fees are non-refundable (Section 8.8). Subject to the registrar's rules (including the 60-day transfer lock after registration or transfer imposed by ICANN policy), you may transfer your domain to another provider.

10.8 Communications and AI Receptionist Services

The Services may include tools to communicate with your End Users — including email campaigns, chat, messaging integrations, and AI-powered voice agents that place or answer telephone calls (the "Communications Services"). You are the initiator of communications sent through your User Platform, and you are solely responsible for: (a) obtaining any consent required from recipients under applicable law (including the ePrivacy rules, Article L.34-5 of the French Code des postes et des communications électroniques, the U.S. Telephone Consumer Protection Act, and equivalent local laws); (b) honoring opt-outs and do-not-call registries; (c) informing participants that a call is recorded, where recording is enabled and where the law requires it; and (d) disclosing that the caller or agent is automated, where the law requires it. Telephone numbers and connectivity are provided through third-party carriers and are subject to their rules; numbers may be reclaimed for non-compliance or non-use. You will not use the Communications Services for unlawful robocalling, caller-ID spoofing, or deceptive practices. Devaito may suspend Communications Services that generate abnormal complaint rates or carrier warnings.

10.9 Invoicing, Quotes, and Accounting Tools

The Services may include tools to create quotes, invoices, and other business or accounting records and reports (the "Financial Tools"). The Financial Tools are software, not professional services: they do not provide accounting, tax, audit, or legal advice, and their outputs are only as accurate as the data and settings you provide. You are responsible for: (a) the accuracy and completeness of the data you enter or connect; (b) configuring tax rates, numbering sequences, currencies, and the mandatory particulars required for invoices and quotes in each jurisdiction where you do business; (c) verifying that documents issued through the Services comply with the invoicing, electronic-invoicing, bookkeeping, and record-keeping rules that apply to you; and (d) having your accounts reviewed by a qualified professional where required or prudent. Documents generated through the Financial Tools are issued by you and in your name. Devaito is not liable for tax reassessments, penalties, or losses resulting from your data, your settings, or your failure to verify generated documents.

10.10 Advertising Budget Management

The Services may include tools that create, launch, and adjust advertising campaigns on third-party platforms and manage the related budgets (the "Ads Tools"), including through Agent Features. Devaito acts solely as a technical facilitator transmitting your instructions — including instructions you have pre-authorized under Section 6.10 — to the advertising platforms. Media spend is contracted between you and the advertising platform, is paid to that platform, and remains subject to that platform's terms, billing, and policies (Section 11). The Ads Tools are designed not to commit spending above the budgets, caps, and approval settings you configure, and spending commitments require confirmation in accordance with Section 6.10(c). Advertising performance depends on factors outside Devaito's control: Devaito does not promise any level of reach, clicks, conversions, or return on ad spend. You are responsible for the lawfulness of your advertising content and targeting, including the substantiation of claims, comparative-advertising rules, sector-specific restrictions, and the labeling of commercial communications. Media spend already incurred is not refundable by Devaito.

10.11 Reputation and Review Tools

The Services may include tools to monitor, analyze, and respond to reviews and mentions of your business (the "Reputation Tools"). You will not use the Reputation Tools to create, commission, or publish fake or misleading reviews or endorsements, to misrepresent the origin or independence of a review, or to suppress genuine reviews in ways prohibited by consumer-protection law (including Directive (EU) 2019/2161 and the U.S. FTC Rule on Consumer Reviews and Testimonials). Responses and other content produced by the Reputation Tools are Outputs governed by Section 6: review them before publication, and ensure that anything published about your business, products, or competitors is accurate.

11. Third-Party Services and Marketplace

11.1 Integrations

The Services may include integrations with Third-Party Services. Your use of any Third-Party Service is governed by that provider's terms and privacy policy. Devaito is not responsible for the availability, performance, accuracy, or content of any Third-Party Service.

11.2 Marketplace, Apps, and Templates

The Services may include a marketplace of applications, templates, plugins, and integrations offered by third-party developers or partners. Third-party marketplace items are provided by their developers, not by Devaito; the developer is responsible for the item, its security, its support, and its compliance. Before installing an item, review the permissions it requests and the data it will access — by installing it, you authorize the disclosure of that data to the developer. Devaito may review, suspend, or remove marketplace items at any time, but does not endorse or warrant any third-party item and disclaims all liability arising from your use of such items. Fees paid for third-party items are identified at purchase and follow the refund terms displayed at purchase.

11.3 No Endorsement

References to Third-Party Services are for convenience only and do not constitute an endorsement.

12. Copyright and Notice-and-Takedown

12.1 Copyright Policy

Devaito respects intellectual-property rights and expects users to do the same. We respond to clear notices of alleged copyright infringement that comply with applicable law, including French intellectual-property law, the EU Copyright Directive (2019/790), and the U.S. Digital Millennium Copyright Act (DMCA) where applicable.

12.2 Notice of Infringement

If you believe content on a User Platform infringes your copyright, send a written notice to support@devaito.com (subject "Copyright notice") that includes: (a) your contact details and electronic or physical signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its URL; (d) a statement of good-faith belief that the use is not authorized; and (e) a statement, made under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the rights holder.

12.3 Counter-Notice

If your content has been removed and you believe the removal was the result of mistake or misidentification, submit a counter-notice to support@devaito.com containing: (a) your contact details and signature; (b) identification of the removed content; (c) a statement, under penalty of perjury, of good-faith belief that the removal was a mistake; and (d) your consent to the jurisdiction of the courts of Paris, France.

12.4 Repeat Infringers

Devaito will terminate the User Accounts of users determined to be repeat infringers in appropriate circumstances.

13. Service Availability and Service Levels

13.1 Service Availability

Devaito strives to make the Services available on a continuous basis. We may, from time to time, perform scheduled maintenance, suspend access for security reasons, or experience unplanned downtime. Where reasonably practicable, we will provide advance notice of scheduled maintenance.

13.2 Service Level Agreement

For paid plans where a Service Level Agreement ("SLA") is expressly offered, the SLA is set out in the relevant plan description or order form and is incorporated by reference. The SLA describes the availability commitments and the remedies (including service credits) available to you for documented service-level failures. Service credits under the SLA are your sole and exclusive remedy for any service-level failure. If no SLA is expressly offered with your plan, Section 13.1 applies without a contractual availability commitment.

13.3 Beta Features

Devaito may make beta, preview, alpha, or experimental features available from time to time. These features are provided "as is" without any commitment as to functionality, availability, performance, or service levels, and are excluded from any SLA.

14. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available", with all faults and without warranty of any kind, whether express, implied, statutory, or otherwise. Devaito specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. Devaito does not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, that defects will be corrected, or that the Services will meet your requirements.

The Services provide software and automation, not professional advice. Nothing in the Services — including outputs of the AI Services, the Financial Tools, the Ads Tools, or the Reputation Tools — constitutes legal, tax, accounting, financial, or investment advice, and no professional-client relationship is created between you and Devaito.

Nothing in this Section 14 limits any non-excludable statutory warranty or consumer-protection right you may have under applicable law, including the legal warranty of conformity (garantie légale de conformité, Articles L.217-3 et seq. of the French Code de la consommation) and the warranty against hidden defects (garantie contre les vices cachés, Articles 1641 et seq. of the French Code civil) where you qualify as a consumer.

15. Limitation of Liability

15.1 Excluded Damages

To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, or business interruption, even if advised of the possibility of such damages. This exclusion does not apply to your obligations to pay Fees, your indemnification obligations, your breach of Section 4 (Acceptable Use) or Section 5.3 (Devaito's IP), or breaches of confidentiality obligations.

15.2 General Liability Cap

To the maximum extent permitted by applicable law, Devaito's total aggregate liability arising out of or in connection with the Devaito Terms or the Services, regardless of the form of action and whether based on contract, tort (including negligence), strict liability, or any other legal theory, will not exceed the greater of:

(a) the total Fees paid by you to Devaito for the Services in the twelve (12) months immediately preceding the event giving rise to the liability; or

(b) one hundred U.S. dollars (US$ 100) for free-tier or trial users.

15.3 Enhanced Liability Cap for Data Protection and Confidentiality

For claims arising from Devaito's breach of its data-protection obligations under the GDPR or DPA, or its confidentiality obligations under Section 19.9, Devaito's total aggregate liability will not exceed two (2) times the total Fees paid by you to Devaito in the twelve (12) months preceding the event giving rise to the liability. A higher negotiated cap may apply where agreed in an Enterprise Agreement.

15.4 Liability That Cannot Be Limited

Nothing in these Terms limits or excludes either party's liability for: (a) gross negligence or willful misconduct; (b) death or personal injury caused by negligence; (c) fraud or fraudulent misrepresentation; (d) infringement of the other party's intellectual-property rights; or (e) any other liability that cannot lawfully be limited or excluded under applicable law, including mandatory consumer-protection rights and liability for breach of essential contractual obligations under French law.

15.5 Allocation of Risk

You acknowledge that the limitations and exclusions in this Section 15 reflect a reasonable and fair allocation of risk and form an essential basis of the bargain between the parties. The Services would not be provided on the same economic terms without these limitations.

16. Indemnification

16.1 Indemnification by You

You agree to defend, indemnify, and hold harmless Devaito and its officers, directors, employees, affiliates, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content or User Platform; (b) your User Products, e-commerce activities, advertising campaigns, and documents issued through the Financial Tools; (c) your breach of these Terms or any applicable law; (d) your infringement or alleged infringement of any third-party right; (e) your processing of Personal Data of End Users in violation of applicable law; (f) your use of the Communications Services in violation of Section 10.8; (g) actions taken by Agent Features within the scope you configured or approved (Section 6.10); or (h) any content, product, or service you make available through the Services.

16.2 Indemnification by Devaito (IP Indemnity)

Subject to Section 16.4, Devaito will defend you against any third-party claim alleging that the Services, when used by you in accordance with the Devaito Terms, infringe a third party's intellectual-property right, and will indemnify you against final amounts awarded against you in connection with such claim or paid by you in a settlement approved by Devaito.

16.3 Indemnification by Devaito (AI Output)

For paid customers using the AI Services in compliance with these Terms, Devaito will additionally defend you against any third-party claim alleging that an Output generated by the AI Services in response to your Input infringes a third party's intellectual-property right (an "AI Output Claim"), and will indemnify you for final amounts awarded or paid in approved settlement, provided that you: (a) used the Output as generated, without material modification that introduced the alleged infringement; (b) did not use the AI Services in violation of Section 6.8; and (c) did not request or upload Inputs that would reasonably foreseeably produce infringing Outputs (such as prompting to reproduce a known copyrighted work). Devaito's total aggregate liability under this Section 16.3 will not exceed the cap set out in Section 15.3.

16.4 Indemnification Procedure

The indemnified party must: (a) promptly notify the indemnifying party in writing of any claim; (b) give the indemnifying party sole control over the defense and settlement of the claim, provided that no settlement may impose any non-monetary obligation on the indemnified party without consent; and (c) provide reasonable cooperation at the indemnifying party's expense. Devaito may, at its option and as your exclusive remedy under Section 16.2 or 16.3: (i) procure for you the right to continue using the affected Services; (ii) modify the Services to be non-infringing; or (iii) terminate the affected Services and refund prepaid Fees on a pro-rata basis. Devaito has no obligation under Sections 16.2 or 16.3 for claims arising from: (1) your use of the Services in combination with non-Devaito products or services where the claim would not have arisen but for the combination; (2) modifications to the Services not made by Devaito; or (3) your continued use of the Services after notice of an alleged infringement.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes) are governed by and construed in accordance with the laws of France, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 Jurisdiction

Subject to Section 17.5, you and Devaito agree that the courts of Paris, France will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Services.

17.3 Informal Resolution

Before commencing formal proceedings, the parties agree to attempt in good faith to resolve any dispute by sending a written notice to the other party describing the dispute and proposing a resolution, and to negotiate for at least thirty (30) days before initiating judicial or arbitral proceedings.

17.4 Class Action Waiver

To the maximum extent permitted by applicable law, you and Devaito agree that any dispute will be resolved on an individual basis only and not as a class, consolidated, or representative action. Nothing in this Section 17.4 prevents you from exercising any non-waivable right to participate in collective proceedings under applicable law.

17.5 Consumer Rights

If you are a consumer established in the European Union, nothing in this Section 17 deprives you of the protection afforded by mandatory provisions of the law of your country of residence, including the right to bring proceedings before the courts of that country in accordance with Regulation (EU) No 1215/2012.

17.6 Online Dispute Resolution and Mediation

If you are a consumer established in the EU, you may access the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr. Consumers established in France may also have recourse to a consumer mediator in accordance with Articles L.611-1 et seq. of the French Code de la consommation; the identity and contact details of the designated consumer mediator, once appointed, are published in the Legal Notice (Part E) of our Privacy and Legal Hub at www.devaito.com/page/privacy#part-e-legal-notice.

18. Enterprise Customers

If you have signed an Enterprise Agreement (Master Services Agreement, Order Form, or similar negotiated written agreement) with Devaito, the Enterprise Agreement governs your use of the Services and prevails over these Terms in case of conflict, except for: (a) Section 4 (Acceptable Use, Compliance, and Trade Controls); (b) Section 6.8 (Prohibited AI Use); and (c) any provision required by applicable law, which continue to apply. In the absence of an Enterprise Agreement, these Terms govern in full.

19. General Provisions

19.1 Notices

We may send notices through the Services, by email to the address associated with your User Account, or by other reasonable means. You may send notices to Devaito at support@devaito.com or by post to Devaito SAS, 254 rue Vendôme, 69003 Lyon, France. Electronic notices are deemed received twenty-four (24) hours after sending; postal notices, three (3) business days after dispatch.

19.2 Relationship of the Parties

These Terms do not create any partnership, joint venture, agency, franchise, or employment relationship. Neither party has authority to bind the other.

19.3 Force Majeure

Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, riots, epidemics, pandemics, government actions, internet outages, denial-of-service attacks, infrastructure failures, or labor disputes. The affected party must promptly notify the other and use reasonable efforts to resume performance.

19.4 Entire Agreement and Order of Precedence

The Devaito Terms (and any Enterprise Agreement) constitute the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, regarding the same subject matter. In case of conflict, the following order of precedence applies: (1) the Enterprise Agreement or order form, if any; (2) product-specific terms; (3) these Terms; (4) the other documents incorporated by reference.

19.5 Assignment

Devaito may assign these Terms, in whole or in part, to any affiliate or to a successor in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign these Terms or any rights or obligations under them without Devaito's prior written consent. Any attempted assignment in violation is void.

19.6 Severability and Waiver

If any provision is held invalid, illegal, or unenforceable, that provision will be severed and the remaining provisions will continue in full force. The failure of either party to enforce any right or provision is not a waiver.

19.7 Survival

The following provisions survive any termination or expiration of these Terms: Section 2 (Definitions), Section 5 (Content and Intellectual Property, to the extent of licenses and reservations that by their nature continue), Section 6.4 (Output Ownership), Sections 8.8 to 8.10 (amounts due, refunds, and invoicing), Section 9.3 and 9.4 (Effect of Termination; Data Export, Retention, and Deletion), Section 12 (Copyright), Section 14 (Disclaimer of Warranties), Section 15 (Limitation of Liability), Section 16 (Indemnification), Section 17 (Governing Law and Dispute Resolution), and Section 19 (General Provisions), together with any accrued payment obligations and any other provision that by its nature is intended to survive.

19.8 Language

These Terms are originally drafted in English. Translations may be made available for convenience. Where French law requires French-language terms (including for French consumers under Article L.211-1 of the French Code de la consommation), the French version applies for those provisions; otherwise, the English version prevails in case of conflict.

19.9 Confidentiality

Each party will protect the other party's Confidential Information using the same degree of care it uses to protect its own confidential information of similar importance, and at least a reasonable degree of care, and will not disclose it except to its employees, advisors, and service providers bound by equivalent obligations and only as necessary to perform under these Terms. Confidentiality obligations survive termination for three (3) years, except that trade secrets remain protected for as long as they qualify as trade secrets under applicable law.

19.10 Contact

Devaito SAS — 254 rue Vendôme, 69003 Lyon, France
All notices and enquiries: support@devaito.com
To help us route your request, please indicate its subject: Legal · Privacy · Security · Copyright · Billing · Support.

19.11 Publicity

Devaito may identify you by name and logo as a Devaito customer in its marketing materials and customer lists, in a form consistent with any brand guidelines you provide. You may opt out at any time by emailing support@devaito.com (subject "Publicity opt-out"), and we will cease new uses within a reasonable time.

19.12 Interpretation

Headings are for convenience only. "Including" means "including without limitation". References to laws include their amendments and replacements. The English words "day" and "days" refer to calendar days unless stated otherwise.

Annex — Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from a paid subscription within the statutory withdrawal period.)

To: Devaito SAS, 254 rue Vendôme, 69003 Lyon, France — support@devaito.com
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the provision of the following service: ______
Ordered on (*): ______
Name of consumer(s): ______
Address of consumer(s): ______
Signature of consumer(s) (only if this form is notified on paper): ______
Date: ______
(*) Delete as appropriate.

By using the Services, you confirm that you have read, understood, and agreed to these Terms of Use.