General Terms of Use governing the use of DEVANA AI by end users in a professional (B2B) context.
Scriptor Artis SAS
SIRET: 89140307300028 · NAF: 7022Z
Registered office: 15 faubourg Saint Louis, 09270 Mazères, France
Claims department: Château de Ranrouët, 44410 Herbignac
The DEVANA AI Software and Platform (hereinafter "DEVANA AI") are developed and operated by SCRIPTOR ARTIS, a French simplified joint-stock company (société par actions simplifiée), registered with the Trade and Companies Register of Foix under number B 891 403 073, having its registered office at 15 faubourg Saint Louis, 09270 Mazères, France, represented by Ms. Barbara Delacroix, acting in her capacity as President and duly authorized for the purposes hereof (hereinafter the "PUBLISHER").
DEVANA AI is a software solution designed to conceive and orchestrate, in a personalized and secure manner, hybrid artificial intelligence systems (H-AI Systems) or AI Agents, combining in particular large language models (LLMs), autonomous agents (Agentic AI), embedding engines, Retrieval-Augmented Generation (RAG) architectures, and specialized algorithms. These systems are accessible through conversational modules or automated interfaces and are enriched by the knowledge (data, documents), processes, and information systems specific to user organizations, within controlled, segregated environments compliant with applicable security standards.
The main software components, technologies, and architectures associated with DEVANA AI are described in the most recent technical documentation published by SCRIPTOR ARTIS on its secured documentation spaces (including the official website www.devana.ai, its online documentation at https://doc.devana.ai/, and its GitHub repositories). This documentation is regularly updated by SCRIPTOR ARTIS to reflect the evolution of DEVANA AI's functionalities, architectures, and interfaces, without affecting the validity of these General Terms of Use.
DEVANA AI is intended exclusively for professional use. The USER represents and warrants that they are acting within the scope of their professional activity, on behalf of an organization or as an independent professional. These General Terms of Use do not apply to consumers within the meaning of applicable consumer protection laws.
These General Terms of Use (hereinafter the "Terms" or "GTU") define the conditions governing the use of DEVANA AI by USERS.
These Terms do not apply to consumers within the meaning of applicable consumer protection laws.
The "USER" means any natural person who accesses and uses DEVANA AI through a digital device (computer, tablet, mobile phone), software interface, or any other compatible technical system enabling access to the Services, within the scope of the access rights granted by the Administrator (hereinafter the "USER").
By using DEVANA AI, the USER acknowledges having read and fully accepted these Terms without reservation.
Any access to and/or use of DEVANA AI implies full compliance with and unconditional acceptance of these Terms. These Terms constitute a binding agreement between the PUBLISHER and the USER.
These Terms are concluded between professionals. They do not govern any relationship with a consumer. In the event of access to or use of the Services for non-professional purposes, the PUBLISHER reserves the right to refuse or suspend access to the Services.
In the event of breach of these Terms, the PUBLISHER reserves the right to take any measures necessary to protect its rights.
The terms and expressions identified with a capital letter in this Agreement shall have the meanings set forth below, whether used in the singular or plural:
"Administrator"
Means the User who is authorized to configure and administer access to DEVANA AI for other Users, including Identity Prompts, Models, Knowledge Bases, Modules, and AI Agents, and who is authorized to create and manage User accounts.
"Agent" or "AI Agent"
Means a single (1) instance of generative artificial intelligence designed, configured, and orchestrated within the Devana AI Platform by an Administrator or a User, based on an Identity Prompt and configurable elements such as Knowledge Bases, tools, or other connected resources.
Each Agent may, depending on its configuration, leverage one or more large language models (LLMs), embedding engines, Retrieval-Augmented Generation (RAG) architectures, and Agentic AI modules in a personalized and secure manner.
Agents are accessible via conversational Modules or automated Interfaces and operate within controlled, segregated environments compliant with applicable security standards.
"Production Agent" or "AI Agent in production"
Means an Agent designated as such within the Software or the Platform. Such Agents are intended for production use. The configuration of a Production Agent is therefore restricted in order to prevent unintended modifications.
"Staging Agent" or "AI Agent in staging"
Means an Agent dedicated to configuration and testing within the Platform. Such Agents are not intended for production use and may be freely modified for development or experimentation purposes.
"Agentic AI"
Means an artificial intelligence component granting an AI Agent autonomy, planning, and orchestration capabilities, enabling it to analyze objectives, select and execute actions (including tool calls, queries, or processing tasks) in a supervised and secure manner.
"Anomaly"
Means any bug, error, malfunction, incident, blocking issue, design defect, incompatibility, non-conformity of the DEVANA AI Software, or any degradation or regression of performance or functionality preventing the normal use and/or operation of all or part of DEVANA AI, regardless of severity.
"API" (Application Programming Interface)
Means the set of rules, protocols, and software tools integrated into a Module of the DEVANA AI Platform that enables secure connection, interaction, and interoperability between the Platform (and its AI Agents) and external applications, systems, or services (including but not limited to instant messaging applications, CRM, ERP, and document repositories).
"API Call"
Means the action of using an API through a Module or automated Interface to send, receive, or process a request between the DEVANA AI Platform and an external service.
"Instant Messaging Application" or "Messaging Interface"
Means a conversational Module, including the Devana AI chat interface and/or third-party applications such as Teams, Slack, and/or Discord.
"Knowledge Base"
Means any set of content, data, documents, or information made available to the DEVANA AI Platform, uploaded by a User or an Administrator, or originating from a Third-Party Provider and/or Connector, for the purpose of being used by one or more AI Agents in the context of their operation.
Such content may be used to enrich the execution context of an AI Agent, support its reasoning, refine its responses, or generate Outputs, depending on the configuration and permissions defined by the Administrator or the User.
"DEVANA AI", "Software", or "DEVANA AI Software"
Means the complete software product developed by DEVANA, including its source code, modules, libraries, algorithms, APIs, technical components, internal engines (orchestration, validation, monitoring), application modules, connectors, data structures, architectures, technical processes, the DEVANA AI Platform (user interface accessible via URL), the related technical Documentation, and associated know-how.
The DEVANA AI Software remains the exclusive property of the PUBLISHER.
The DEVANA AI Software includes, in particular, activation, supervision, monitoring, and access-control systems operated by the PUBLISHER, necessary for managing access to the Client Account, ensuring proper operation, and maintaining security of use.
"DEVANA Documentation"
Means all technical documents and user manuals relating to the DEVANA AI Software.
"DEVANA AI On-Premises Software"
Means the version of DEVANA AI that is downloadable and executable locally, including the Platform.
"DEVANA AI SaaS Software"
Means the version of DEVANA AI accessible via a unique URL, hosted by the PUBLISHER, including the Platform.
"Production Software"
Means any instance of the DEVANA AI Software deployed in an operational environment accessible to Users and generating results used for real-world purposes (commercial, decision-making, or service-related), and not for testing or validation purposes.
"Staging Software" or "Pre-Production Software"
Means any instance of the DEVANA AI Software deployed in a configuration, testing, or validation environment that replicates production conditions but without direct interaction with end Users and without impact on real operations.
"DEVANA AI Platform" or "Platform"
Means the DEVANA AI Software accessible via a unique personalized URL, providing configuration and orchestration interfaces for AI Agents to Administrators and Users, based on Identity Prompts and configurable elements such as Knowledge Bases, tools, or other connected resources.
"DEVANA AI Solution"
Means the offering provided by the PUBLISHER for the deployment of an AI Project, combining either or both of the following: (i) the grant of one or more DEVANA AI USER LICENSES; and (ii) the provision of one or more Publisher Services, in strict compliance with the DEVANA Protocol©.
"User Data"
Means all data, information, content, or documents, of any nature and in any format, uploaded, entered, transmitted, or imported into the DEVANA AI Platform by Administrators and/or Users, directly or through Modules, Connectors, or external Interfaces, in connection with the use of DEVANA AI. This includes, without limitation, documents, files, text, images, prompts, messages, configuration parameters, and associated metadata.
"Embedding"
Means the vectorization and information-ranking systems used by the DEVANA AI Platform to represent content (including text, documents, images, or other media) in a structured numerical (vector) form, incorporating contextual, hierarchical, or formatting elements.
These systems may be proprietary to DEVANA or provided by Third-Party Providers, depending on the configuration of the relevant AI Agent or Module, and are intended to make such content usable by AI Agents in their processing, reasoning, or Retrieval-Augmented Generation (RAG) operations.
"Third-Party Providers"
Means any third party supplying external services or technologies to the DEVANA AI Platform (including, without limitation, AI models, embeddings, graph technologies, connectors, datasets, or infrastructure), integrated under their own license terms and without transfer of responsibility to DEVANA.
"Graph", "Graph Technology", or "Knowledge Graph"
Means the relational representation systems and methods used by the DEVANA AI Platform to model, structure, and connect entities, concepts, data, or content.
These systems enable semantic navigation, dependency detection, context propagation, and enhanced reasoning by AI Agents. Graph technologies may be proprietary to DEVANA or provided by Third-Party Providers and may be combined with Embedding systems to create hybrid (vector and relational) representations.
"Artificial Intelligence" or "AI"
Means the set of techniques, models, and computer systems enabling a machine to analyze, reason, learn, or perform tasks typically associated with human cognitive processes, such as language understanding, perception, decision-making, or content generation.
"Generative Artificial Intelligence" or "Generative AI"
Means a type of Artificial Intelligence relying in particular on deep learning models (such as LLMs) capable of generating new content (including text, images, audio, video, code, or synthetic data) in response to instructions, context, or datasets.
"Hybrid Artificial Intelligence" or "Hybrid AI"
Means an Artificial Intelligence system combining multiple complementary approaches and technologies, including generative models (Generative AI, LLMs), autonomous reasoning and orchestration systems (Agentic AI), RAG architectures, Embedding mechanisms, and/or Graph technologies.
These components operate in coordination within the DEVANA AI Platform to collect, connect, process, contextualize, and generate information or content in a personalized, traceable, and secure manner.
"USER LICENSE"
Means the On-Premises and/or SaaS usage license or sublicense granted to the User.
"Maintenance" or "Support"
Means any maintenance service, whether corrective or evolutionary.
"Message"
Means any individual interaction between a User and an AI Agent, initiated by the submission of a request, instruction, or data and resulting in processing or a response generated by the DEVANA AI Platform.
A Message may correspond to a textual, voice, or automated exchange within a conversational Module or automated Interface and constitutes a unit of measurement for usage volume calculation.
"Model", "AI Model", "Generative AI Model", "Third-Party Model", or "Gen-AI"
Means artificial intelligence models developed by Third-Party Providers, selected by the PUBLISHER and made accessible through the Software.
"Module"
Means a set of software functionalities (components) enabling (i) the provision, orchestration, and integration of one or more AI Agents, and/or (ii) the interfacing and exchange of data with third-party services or environments.
Each Module includes a dedicated API, an authentication system, and the components necessary for secure communication between the DEVANA AI Platform and the external environment.
Modules notably include:
Modules constitute secure access points to the Software and enable the controlled deployment of AI Agents and/or interoperability with third-party systems.
"Optional Extension"
Means an optional application module of DEVANA AI providing additional technical or business functionalities to the DEVANA AI Software (e.g., Office Extension, Chrome Extension, Deployment Extension, Desktop Extension, etc.).
Optional Extensions may be free or subject to additional fees depending on their nature and functional scope. The conditions of use, prerequisites, and whether each Extension is free or paid are specified in the PUBLISHER's secure documentation space at: https://doc.devana.ai/fr/documentation/extension (or any subsequent URL communicated by the PUBLISHER).
"Prompt"
Means any instruction, request, or signal (textual, vocal, visual, or of any other nature) issued by a User, an AI Agent, or a Module to an AI Model or to the orchestration system of the DEVANA AI Platform for the purpose of obtaining a response, action, or Output.
A Prompt constitutes the triggering element of the processing performed by the Platform and may be generated or enriched automatically as part of Agentic AI processes.
"Conversational Prompt"
Means any Prompt drafted or formulated by a User in the context of a direct interaction with an AI Agent within a Conversational Module or Messaging Interface, for the purpose of obtaining an Output in the form of text, image, audio, data, or action.
"Identity Prompt"
Means the configuration Prompt associated with an AI Agent, defining its functional identity, role, tone, areas of expertise, and behavioral rules, and guiding its mode of interaction with Users or external systems.
"Output"
Means any content, data, response, action, or result generated by an AI Agent, an AI Model, or a Module of the DEVANA AI Platform in response to a Prompt.
An Output may be textual, visual, audio, numerical, structured, or executable, depending on the type of processing and the configuration of the relevant AI Agent.
"Services"
Means all services provided by the PUBLISHER to the USER, including access to and use of DEVANA AI, AI Models, and any associated services, software, applications, or websites.
"DEVANA Protocol©"
Means a proprietary methodology of the PUBLISHER governing the design, deployment, and operation of DEVANA AI in compliance with applicable regulatory requirements and best practices in artificial intelligence engineering.
"Token"
Means the elementary unit of calculation and measurement used to evaluate the consumption of Artificial Intelligence Model resources (including language, multimodal, or generative models) within the use of the DEVANA AI Platform.
A Token corresponds to a fraction of processed data (text, character, word, image, audio, or instruction) generated or analyzed by an AI Model during a request (inference).
The number of Tokens consumed may be used, alone or in conjunction with other consumption indicators, as a non-exclusive reference metric for usage monitoring, inference cost calculation, and, where applicable, service billing.
"User" or "End User"
Means any natural person duly authorized by the Administrator to access and use the DEVANA AI Software or Platform via a dedicated, generic, or unique URL, or through a Module (conversational or automated integration), within the limits of the access rights and parameters defined by the Administrator.
Depending on the permissions granted, the User may configure, operate, orchestrate, or interact with one or more AI Agents in order to exchange, execute, consult, or initiate processing within DEVANA AI.
Users notably include:
The creation of a Client Account formalizes the exercise of the usage rights granted under the License, allowing the Licensee:
The Client Account constitutes the Licensee's reference environment. It enables the Licensee to administer its AI Agents, configure solution parameters, manage its Knowledge Bases, and create or delete User accounts associated with its organization.
DEVANA AI is accessible to any USER authorized by the Administrator.
The Administrator provides the User with login credentials, including a password, according to the level of authorization granted. The USER undertakes to modify the password upon first login and remains solely responsible for maintaining its confidentiality.
In the event of password loss or unauthorized access resulting from the USER's negligence, the PUBLISHER shall not be held liable.
The USER is solely responsible for the proper functioning of their IT equipment and for maintaining adequate Internet access.
Configured by an Administrator, an AI Agent may be set up to interact with one or more Users, execute automated processes, or orchestrate actions through Modules integrated into the DEVANA AI Platform.
Each interaction between a User and an AI Agent constitutes a "Message," understood as a processing unit corresponding to the submission of a request, Prompt, or instruction and the response generated by the AI Agent.
AI Agents may leverage one or more Knowledge Bases, tools, or connected resources, accessible notably through Modules or APIs.
The USER is solely responsible for the Prompts submitted to DEVANA AI.
The USER undertakes to comply with all applicable laws and regulations, including those relating to copyright and personal data protection.
Accordingly, the USER represents and warrants that they have obtained all necessary rights and authorizations for the Prompts they submit.
It is expressly agreed that the PUBLISHER shall not be held liable for any Prompt submitted by the USER that violates applicable laws or infringes third-party rights.
The USER acknowledges that, due to the nature of the Services, if another user submits a Prompt similar to theirs, the AI Agent may generate an Output that is similar or identical.
The PUBLISHER does not guarantee that the USER's Output will be unique or distinct from outputs generated for other users.
Accordingly, to the extent that the PUBLISHER does not reuse Prompts or Outputs beyond the scope of the Services, and unless otherwise expressly agreed, the PUBLISHER shall not be liable nor provide compensation in the event that an Output generated for the USER is similar or identical to an output generated for another user.
The USER undertakes to comply with all applicable regulations (including, without limitation, the GDPR, trade secret laws, and confidentiality obligations) and to process through DEVANA AI only data that they are legally authorized to process.
Where personal data is processed through DEVANA AI on behalf of the USER's organization, such processing shall be governed by the applicable Data Processing Agreement (DPA).
The USER shall refrain from any attempt to reverse engineer DEVANA AI through the use or analysis of Prompts.
The USER acknowledges and agrees that Outputs generated by the Services depend on the manner in which Prompts are formulated, and that the underlying technologies are complex, evolving, and subject to certain inherent unpredictability, which may affect their completeness and accuracy.
To the fullest extent permitted by applicable law, the PUBLISHER disclaims any express or implied warranty as to the quality, accuracy, timeliness, reliability, or fitness of the Outputs for any particular purpose.
The PUBLISHER expressly reminds the USER that any final action and/or decision implemented by the USER may not be based solely on Outputs generated through the use of DEVANA AI, in accordance with applicable laws and European regulations.
Outputs must not be used as the sole basis for legal, medical, financial, regulatory, or human resources decisions without appropriate human review, validation, and oversight.
The PUBLISHER does not guarantee the accuracy of the Outputs. Outputs may be influenced by biases inherent to the AI Agent and/or the Third-Party Model used.
It is the USER's responsibility to review Outputs with due diligence prior to any use or dissemination and not to rely on them as the sole source of information or as a substitute for professional advice.
The USER is encouraged to optimize Prompts, use available moderation features, and include specific instructions in order to obtain Outputs suited to their needs.
The USER shall provide appropriate warnings to any person accessing Outputs or using the Services regarding the potential inaccuracies and unpredictability of AI-generated content and shall encourage verification of critical information.
The USER undertakes to use only those elements of the Outputs for which they hold the necessary rights.
The USER shall refrain from any attempt to reverse engineer DEVANA AI through the analysis or exploitation of Outputs.
The PUBLISHER implements reasonable measures, including filtering and moderation mechanisms, to reduce the likelihood that Outputs contain offensive, inappropriate, or unlawful content.
However, the PUBLISHER does not guarantee the absence of inappropriate or unlawful content in the Outputs.
The USER remains solely responsible for the use of the Outputs in compliance with applicable laws and regulations.
The USER shall refrain from any unlawful, harmful, or prejudicial use of the Outputs.
The PUBLISHER is the exclusive owner of all intellectual property rights relating to both the structure and the content of DEVANA AI.
These General Terms of Use do not transfer any intellectual property rights to the USER.
The USER undertakes not to reproduce DEVANA AI except as expressly permitted under the applicable USER LICENSE.
7.2.1 Scope of License
Within the framework of the USER LICENSE, the PUBLISHER and/or its Partner grants the USER a non-exclusive, non-transferable license to use DEVANA AI for the sole duration of the applicable USER LICENSE.
This license applies to DEVANA AI and to all associated programs, databases, data, plans, specifications, documentation, reports, know-how, methodologies, videos, drawings, photographs, and trademarks comprising the Software.
The rights granted to the USER are strictly limited to the rights of access, display, reproduction, downloading, and use of DEVANA AI for professional purposes only.
This license shall not be interpreted as granting the USER any rights other than those expressly set forth herein.
The USER shall in particular refrain from:
7.2.2 Specific Obligations of the USER
The USER undertakes in particular to:
It is expressly agreed that the USER shall not attempt to correct any Anomaly independently, as such right is reserved exclusively to the PUBLISHER.
7.3.1 Trademark Ownership
The PUBLISHER is the registered owner of the "DEVANA" trademark (No. 018968229).
Any total or partial reproduction of this trademark without the express authorization of the PUBLISHER or its rights holders is strictly prohibited under applicable intellectual property laws.
7.3.2 Right of Use of the Trademark
Under these Terms, the PUBLISHER grants the USER a limited right to use the "DEVANA"trademark and associated visual identifiers solely in connection with the authorized use of the Services.
This right of use does not confer any ownership rights to the USER.
The USER undertakes not to remove any intellectual property notices and to comply with the trademark usage guidelines communicated by the PUBLISHER.
The PUBLISHER may reference the USER's name and logo as a commercial reference (including on websites, social media, or newsletters) only with the USER's prior written consent.
DEVANA AI has been developed on the basis of a patented invention.
Accordingly, USERS are not authorized to reproduce, represent, modify, or adapt, in whole or in part, whether for consideration or free of charge, the patented invention underlying DEVANA AI without the prior written consent of its rights holder.
The PUBLISHER is the holder of French patent FR3136298A1. Any total or partial reproduction of this patented invention without the express authorization of the PUBLISHER or its rights holders is strictly prohibited under applicable intellectual property laws.
8.1.1 Intellectual Property in User Data and Knowledge Bases
The uploading of User Data and Knowledge Bases to DEVANA AI does not result in any transfer of intellectual property rights in such User Data or Knowledge Bases to the PUBLISHER.
The USER retains full ownership of all intellectual property rights in the User Data and Knowledge Bases uploaded to DEVANA AI.
The USER further represents and warrants that, by uploading User Data and Knowledge Bases, they do not exceed any rights granted to them and do not infringe the rights of any third party.
The USER undertakes to provide, upon request, any reasonable evidence of ownership or authorization relating to the uploaded content.
The USER warrants that the User Data and Knowledge Bases uploaded comply with applicable laws and regulations and undertakes not to upload any content that is unlawful, contrary to public order or morality, or likely to impair the proper functioning of DEVANA AI.
8.1.2 License to Use User Data and Knowledge Bases
The USER grants the PUBLISHER a non-exclusive, temporary, worldwide license to host, reproduce, display, process, and technically adapt the User Data and Knowledge Bases solely for the purpose of providing and performing the Services under DEVANA AI.
For this purpose, the rights granted to the PUBLISHER are strictly limited to the reproduction, storage, transmission, formatting, compression, and processing of User Data, Knowledge Bases, and associated content (including images, video clips, audio files), in whole or in part, in any format and on any medium (including electronic, digital, computer, or audiovisual media), by any existing or future technical process, whether foreseeable or unforeseeable.
This license remains valid for the entire duration of these Terms.
8.2.1 Intellectual Property in Prompts
The submission or creation of Prompts within DEVANA AI does not result in any transfer of intellectual property rights in such Prompts to the PUBLISHER.
The USER retains ownership of the intellectual property rights in their Prompts, except for Prompts provided directly by the PUBLISHER, which remain the exclusive property of the PUBLISHER.
8.2.2 License to Use Prompts
The USER grants the PUBLISHER a worldwide, revocable, non-exclusive, non-transferable, and non-sublicensable right to use Prompts solely for the purposes of providing the Services, maintaining operational performance, ensuring security (including fraud and abuse prevention), providing technical support, and improving and optimizing the Services.
This right excludes any other use, including any commercial exploitation of Prompts by the PUBLISHER.
The PUBLISHER undertakes not to disclose or transmit Prompts to third parties except where necessary for the performance of the Services.
The rights granted to the PUBLISHER in relation to Prompts do not affect the USER's right to freely exploit their Prompts.
This provision does not constitute any transfer of intellectual property rights in the Prompts to the PUBLISHER.
8.3.1 Intellectual Property in Outputs
The USER shall own the intellectual property rights in the Outputs generated through their use of the Services, subject to applicable laws and third-party rights.
8.3.2 License to Use Outputs
The USER grants the PUBLISHER a worldwide, revocable, non-exclusive, non-transferable, and non-sublicensable right to use the Outputs solely to the extent strictly necessary for providing the Services, for the duration of these Terms.
This right excludes any other use, including any commercial exploitation of Outputs by the PUBLISHER.
The PUBLISHER undertakes not to disclose or transmit Outputs to third parties except where required for the performance of the Services.
The rights granted to the PUBLISHER in relation to Outputs do not affect the USER's right to freely exploit their Outputs and do not constitute an exclusive license.
The USER is informed that the PUBLISHER reserves the right to perform remote monitoring of the use of DEVANA AI.
Such monitoring shall, by default, concern technical and usage metrics (including, without limitation, Tokens, Agents, Modules, Models, Knowledge Bases, Messages, tooling, and related usage indicators) necessary for security, support, service integrity, and verification of compliance with the USER LICENSE.
Monitoring is not intended to access the content of User Data, Prompts, or Outputs, except where:
(i) necessary for support purposes at the USER's request or with the USER's authorization;
(ii) required by applicable law or regulatory obligation;
(iii) required in the event of a security incident;
and always within the limits of applicable contractual obligations and the Data Processing Agreement (DPA).
The documentation describing monitoring of usage metrics for DEVANA AI in On-Premises mode specifies in detail the objectives, implementation methods, and confidentiality safeguards of such monitoring: https://doc.devana.ai/fr/documentation/deployment/monitoring/license
Monitoring shall not compromise the confidentiality or security of User Data entered into DEVANA AI or of AI-generated Outputs.
In the event of an Anomaly or any other issue arising during the use of DEVANA AI, including loss of credentials, the USER shall contact the Administrator.
The PUBLISHER shall use commercially reasonable efforts to make DEVANA AI and the Services available twenty-four (24) hours per day and seven (7) days per week, except during scheduled maintenance operations and subject to the provisions of this Article.
The PUBLISHER shall not be held liable for any inconvenience or damage inherent to the use of the Internet network, including, without limitation, service interruption, external intrusion, the presence of computer viruses, failures or saturation of telecommunications operators, Internet service providers, or AI Model providers.
The PUBLISHER shall not be liable for any errors in use and/or interpretation by the USER.
Access to DEVANA AI may be suspended at any time and without prior notice, including due to updates, system failures, network disruptions, system malfunctions, communication failures, or maintenance and corrective interventions necessary for updates and proper functioning of DEVANA AI.
The PUBLISHER does not warrant the reliability, completeness, or accuracy of any information or data available through DEVANA AI. Such information is provided for informational purposes only.
The USER acknowledges that they are interacting with an artificial intelligence system. DEVANA AI is provided solely as a decision-support tool.
The PUBLISHER shall not be held liable for any actions or decisions, whether automated or not, taken by the USER on the basis of Outputs generated through the use of DEVANA AI, nor for the consequences thereof.
The USER is solely responsible for the use of DEVANA AI, including, without limitation, the User Data, Prompts, and Knowledge Bases uploaded or used in connection with AI Agents.
The USER is solely responsible for maintaining appropriate backups of its data, files, and programs and for implementing adequate contingency and disaster recovery plans.
The USER shall take all appropriate measures to minimize the potential consequences of any security incident.
The USER undertakes to keep their password confidential and not to disclose it to any third party for any reason. If the USER becomes aware of fraudulent use of their account, they shall immediately notify the Administrator.
In the event of loss of credentials, a procedure for issuing new login credentials shall be implemented.
In connection with the use of the Services, the USER is strictly prohibited from:
This restriction does not apply to authorized API integrations or AI Agent connections enabling lawful communication with third-party software solutions (CRM, ERP, automation tools, etc.), provided such uses comply with the terms of the applicable USER LICENSE.
The USER shall refrain from any action that could damage, disrupt, or interfere with DEVANA AI's automated data processing systems.
The USER is informed that unauthorized access to or maintenance within an automated data processing system, interference with its functioning, fraudulent data insertion, extraction, reproduction, transmission, deletion, or modification of data may constitute criminal offenses under applicable law and may be subject to severe penalties.
To the fullest extent permitted by applicable law, the total cumulative liability of the PUBLISHER under these Terms, for all causes of action and on any legal basis whatsoever (including, without limitation, contract, tort, negligence, or statutory liability), shall be limited to the amount actually paid by the Client or Licensee under the DEVANA AI USER LICENSE during the twelve (12) months preceding the event giving rise to the claim.
Under no circumstances shall the PUBLISHER be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of business, loss of profits, loss of opportunity, loss of data, loss of revenue, or reputational harm, even if the PUBLISHER has been advised of the possibility of such damages.
DEVANA AI may contain hyperlinks directing to websites, SharePoint spaces, drives, or any other URLs over which the PUBLISHER has no control.
The PUBLISHER disclaims any responsibility for the content of such websites, SharePoint spaces, drives, or, more generally, any external URL.
The PUBLISHER provides the USER with a feature enabling the sharing of a conversation with an AI Agent with another user through a unique public shared link.
The USER is solely responsible for any public links shared with third parties. In this respect, the USER is informed that any person in possession of such public link may access the relevant conversation and interact with the AI Agent.
In accordance with applicable regulations relating to artificial intelligence, the USER undertakes to inform any recipient of a public shared link that they are interacting with an artificial intelligence system.
The USER undertakes not to share any public link containing confidential information, trade secrets, unnecessary personal data, or any content subject to a confidentiality obligation.
This Agreement is concluded for the same duration as the USER LICENSE granted to the USER.
In the event of termination of the contractual relationship for any reason whatsoever, the PUBLISHER undertakes to ensure the reversibility of the USER's User Data, Knowledge Bases, Prompts, and Outputs.
The USER may exercise this right through the Administrator within ninety (90) days from the date of termination or cessation of the contractual relationship, regardless of the cause.
Upon expiry of this ninety (90)-day period, all User Data, Knowledge Bases, Prompts, and Outputs belonging to the USER shall be deleted.
The PUBLISHER reserves the right to amend or modify these General Terms of Use at any time. Any modification shall take effect immediately and shall apply only to USERS accessing or using the Services after such modification.
USERS shall be informed in advance of any modification within a reasonable period of time, by any appropriate means (including in-app notification, email, or publication in the documentation space).
Continued use of the Services after the effective date of the modification shall constitute acceptance of the amended Terms.
In the event of refusal, the USER must cease using the Services and inform the Administrator accordingly.
In accordance with the USER LICENSE, the PUBLISHER acts as a data processor with respect to the personal data processing operations implemented by the USER for the proper functioning of DEVANA AI.
The PUBLISHER undertakes to ensure that the collection and processing of personal data carried out in connection with the use of DEVANA AI are performed in compliance with Regulation (EU) 2016/679 of 27 April 2016 (General Data Protection Regulation, GDPR).
The PUBLISHER may process personal data provided by the USER, including all or part of the following categories:
Such data are necessary for the proper performance of the Services and may also be processed for statistical purposes and commercial prospecting.
They are intended exclusively for the PUBLISHER and its subcontractors.
In accordance with French Data Protection Act No. 78-17 of 6 January 1978, as amended, and Regulation (EU) 2016/679 (GDPR), any individual whose personal data is processed by the PUBLISHER has the right of access, rectification, erasure, portability, and objection with respect to their personal data.
The USER may exercise these rights by contacting the following email address: dpo@devana.ai.
The USER is informed that the exercise of certain rights may adversely affect the proper functioning of DEVANA AI.
In the event of a dispute, the USER has the right to lodge a complaint with the supervisory authority designated by the PUBLISHER, namely the French Data Protection Authority (CNIL: https://www.cnil.fr), or with any competent supervisory authority within the European Union having territorial jurisdiction over the matter.
Pursuant to the European Regulation on Artificial Intelligence (the "AI Act"), high-risk AI systems include, in particular, AI systems falling within the following areas:
Depending on the manner in which DEVANA AI is used by the USER, DEVANA AI may be considered a high-risk AI system.
In accordance with the AI Act, where DEVANA AI qualifies as a high-risk AI system due to its intended use, the USER shall:
The PUBLISHER undertakes to:
The failure of either Party to invoke a breach of any provision of these Terms shall not constitute a waiver of the right to invoke any subsequent breach, whether identical or different.
If any provision of these Terms is declared null, void, or unenforceable pursuant to a law, regulation, or final decision of a competent court, such provision shall be deemed unwritten, and the remaining provisions shall remain in full force and effect.
By accepting these Terms, the USER acknowledges that they shall constitute valid and binding evidence of the USER's use of DEVANA AI and the Services in the event of a dispute.
In addition to the legal provisions recognizing the evidentiary value of electronic records, the USER acknowledges the validity and evidentiary force of emails, logs, digital traces, files, and any electronic records retained by the PUBLISHER or its service providers.
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