Terms of Use

ARTICLE 1 - PURPOSE

These Terms of Use (hereinafter the "Terms") define the conditions of use of the MyBusinessBrain service (hereinafter the "Service"), an artificial-intelligence assistance SaaS platform for fashion boutiques, published by [to be completed] (hereinafter the "Publisher").

The Service is intended exclusively for professionals (B2B). It lets a boutique connect its professional mailbox to an artificial-intelligence assistant that prepares or sends replies to the people who write to it, based on the information the boutique entrusts to it: catalogue, stock, boutique policies and knowledge base.

ARTICLE 2 - ACCEPTANCE OF THE TERMS

Registering for the Service implies full acceptance of these Terms. The User acknowledges having read all of these conditions before registering; this acceptance is time-stamped.

The Publisher reserves the right to amend these Terms at any time. Users will be informed of any amendment by e-mail at least 30 days before the new conditions take effect.

ARTICLE 3 - DESCRIPTION OF THE SERVICE

The Service includes:

• Connecting the boutique's professional mailbox (by app password or OAuth authorisation) and reading its incoming messages
• An AI assistant that drafts the replies; by default every reply is a draft submitted to the boutique for approval (supervised mode), automatic sending being an option the boutique enables itself
• An online dashboard: conversations, catalogue (items, sizes, colours, prices, photographs), stock, boutique settings
• A customisable knowledge base feeding the assistant (exchange policy, services, opening hours, size guides)
• An optional public website for the boutique, presenting the items the boutique chooses to publish
• A hosted customer relationship book, specific to the boutique, fed by the exchanges handled by the Service, and a conversational assistant to work with that book
• The recording of hold, alteration or appointment requests expressed by customers, which the boutique confirms itself

ARTICLE 4 - USER OBLIGATIONS

The User undertakes to:

• Provide accurate and up-to-date information at registration and throughout the use of the Service, in particular the prices, availability, compositions and policies the assistant quotes
• Keep confidential its login credentials and those of the connected mailbox
• Use the Service in accordance with its purpose and the applicable law, in particular consumer law (price reduction announcements, sales periods, pre-contractual information, textile labelling)
• Not use the Service for unlawful, fraudulent or public-order-breaching purposes, nor for unsolicited prospecting
• Inform its customers that their messages are handled with the help of an artificial intelligence, in accordance with the applicable regulations, and not remove the notice the Service inserts for that purpose
• Not attempt to bypass the security measures or the limits of the Service

ARTICLE 5 - LIABILITY

The Publisher strives to ensure the availability and proper functioning of the Service. However, given the nature of the Service (artificial intelligence), the Publisher does not guarantee that the replies drafted by the assistant are 100% accurate; the boutique keeps control of and responsibility for them, in particular when it chooses automatic sending.

The boutique remains the sole seller of its items and solely responsible for its prices, stock, terms of sale and obligations towards its customers. The assistant concludes no sale, collects no payment and records a hold only as a request subject to the boutique's confirmation.

The Publisher cannot be held liable for indirect damage resulting from the use of the Service, in particular loss of revenue, customers or data. The Publisher's total liability is limited to the amounts actually paid by the User over the last 12 months.

ARTICLE 6 - TERMINATION

The User may terminate its account at any time from its dashboard. Termination takes effect at the end of the current month. When the account is closed, account data is deleted or, upon an erasure request (art. 17 GDPR), as soon as possible; conversations follow the retention period of the Privacy Policy (12 months), without prejudice to the legal obligations to retain accounting and billing data (10 years).

The Publisher reserves the right to suspend or terminate access to the Service in the event of a serious breach of these Terms, after a formal notice has remained without effect for 15 days.

ARTICLE 7 - ARTIFICIAL INTELLIGENCE TRANSPARENCY (REGULATION (EU) 2024/1689, ART. 50)

In accordance with article 50 of the European Artificial Intelligence Regulation, every reply prepared by the assistant carries a notice stating that it was written with the help of an artificial-intelligence system. This notice appears in the body of the message and in its technical headers.

The User undertakes not to disable or bypass this transparency notice.

ARTICLE 8 - GOVERNING LAW

These Terms are governed by French law. In the event of a dispute between professionals, and failing an amicable agreement, the courts of the Publisher's head office have sole jurisdiction.