Last Revised: 29 April 2026 · Effective: 29 April 2026
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 is intended to limit 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.
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, 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)".
These Terms, together with our Privacy Policy, our Acceptable Use Policy, our Data Processing Addendum (where applicable), our Service Level Agreement (where applicable), our Prohibited Products List, 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 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 section of devaito.com.
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.
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. If you do not agree to a material change, your sole remedy is to cancel your account before the change takes effect; continued use of the Services after the effective date constitutes acceptance.
Capitalized terms used in these Terms have the meanings set out below.
"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.
"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.
"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.
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.
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 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.
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.
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.
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.
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.
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;
(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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
"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.
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.
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.
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.
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 ; withdrawal does not affect the lawfulness of processing carried out before withdrawal.
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.
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.
Our processing of Personal Data is described in our Privacy Policy, incorporated into these Terms by reference.
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.
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 available at devaito.com/legal/dpa and can be executed electronically through your User Account.
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 to exercise your rights.
The Services use cookies and similar technologies as described in our Cookie Policy. You can manage your preferences through the cookie banner and your browser settings.
Devaito may transfer Personal Data outside the EEA. Where it does, it relies on adequacy decisions, Standard Contractual Clauses, and supplementary measures where required.
Devaito implements appropriate technical and organizational measures designed to protect the Services against unauthorized access, loss, or alteration, as further described in our Security documentation. You remain responsible for the security of your account credentials and the configuration of access controls within your User Platform.
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.
Devaito may offer free trials. Unless otherwise stated, free trials last seven (7) days. At the end of the trial, your subscription will automatically convert to the corresponding Paid Service and you will be charged the applicable Fees, unless you cancel before the end of the trial. We will provide a reminder before the trial ends where required by applicable law.
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.
All Fees are stated in Euros (EUR) 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.
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.
You must keep a valid payment method on file. 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.
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 at least thirty (30) days before the renewal date, where required by applicable law. You may cancel auto-renewal at any time through your User Account.
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 or use the model withdrawal form available at devaito.com/legal/withdrawal-form 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.
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, and transactional fees are non-refundable in all cases.
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 to resolve billing disputes before initiating a chargeback.
Devaito issues an electronic invoice for each payment, available through your User Account. You are responsible for the accuracy of your billing information.
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.
You may cancel your subscription or close your User Account at any time through your account settings or by contacting . 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.
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.
(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.
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) Sections 4.3, 4.4, 5, 6.4, 8.9, 9.3, 9.4, 12, 13, 14, 15, 16, 17, and 18 survive termination.
You are responsible for exporting any User Content you wish to retain before cancelling your account. Devaito provides reasonable export tools through the Services. 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.
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.
To accept payments, you must connect a supported payment provider. Devaito may make a default payment provider available, including Devaito Payments where offered in your jurisdiction. 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.
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.
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.
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) appears on our Prohibited Products List (devaito.com/legal/prohibited-products), which includes weapons, controlled substances, counterfeit goods, sexually explicit material involving minors, and goods subject to international sanctions; or (e) is inconsistent with the standards of any applicable payment provider.
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.
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.
If we offer a marketplace, you may install third-party applications. You are responsible for reviewing the terms and permissions of each app. Devaito does not endorse or warrant any third-party app and disclaims all liability arising from your use of such apps.
References to Third-Party Services are for convenience only and do not constitute an endorsement.
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.
If you believe content on a User Platform infringes your copyright, send a written notice to 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.
If your content has been removed and you believe the removal was the result of mistake or misidentification, submit a counter-notice to 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, or another appropriate jurisdiction.
Devaito will terminate the User Accounts of users determined to be repeat infringers in appropriate circumstances.
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.
For paid plans where a Service Level Agreement ("SLA") is offered, the SLA is published at devaito.com/legal/sla and 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.
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.
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.
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.
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.
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 euros (100 €) for free-tier or trial users.
For claims arising from Devaito's breach of its data-protection obligations under the GDPR or DPA, or its confidentiality obligations, 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, with a minimum of fifty thousand euros (50,000 €) for paid customers.
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.
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.
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 and e-commerce activities; (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; or (f) any content, product, or service you make available through the Services.
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.
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). The maximum amount payable under this Section 16.3 is subject to the cap in Section 15.3.
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.
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.
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.
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.
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.
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.
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; current mediator information is published at devaito.com/legal/mediation.
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.
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 or by post to our registered office. Electronic notices are deemed received twenty-four (24) hours after sending; postal notices, three (3) business days after dispatch.
These Terms do not create any partnership, joint venture, agency, franchise, or employment relationship. Neither party has authority to bind the other.
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.
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.
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.
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.
The provisions of these Terms that by their nature are intended to survive termination — including Sections 4.3, 4.4, 5, 6.4, 8.9, 9.3, 9.4, 12, 13, 14, 15, 16, 17, 18, and 19 — survive termination.
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.
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.
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By using the Services, you confirm that you have read, understood, and agreed to these Terms of Use.