Terms of Use

These Terms of Use ("Terms of Use") define the conditions of access to and use of the presence.green service (the "Service"), published by Alexandre GORSKI EI, a French sole proprietor (entrepreneur individuel, micro-entreprise), registered under SIREN number 911 947 786, registered office at 2 Boulevard de Strasbourg, 31000 Toulouse, France ("presence.green"). Contact: contact@presence.green.

They apply to any user holding an account (the "Client"). The commercial conditions of subscriptions are governed by the Terms of Sale. Creating an account constitutes acceptance of these Terms of Use.

The Service is open to any natural person of legal age and capacity, and to any legal entity (company, association or other organisation), acting in a professional capacity or otherwise.

The Client undertakes to provide accurate and up-to-date information when creating their account and throughout their use of the Service. They are solely responsible for the confidentiality of their credentials and for any activity carried out from their account. They shall inform presence.green without delay of any unauthorised use.

The Service enables the Client to build a structured profile powering: a hosted public page, structured data intended for search engines, and a conversational assistant embedded in the public page that answers visitors based on the profile.

The Service includes artificial-intelligence-assisted features for building and modifying the profile (dashboard conversational assistant, content imports).

4.1 Ownership. The Client remains the owner of all content they provide to the Service: texts, photographs, information, brand elements (the "Content").

4.2 Warranties. The Client warrants that they hold all necessary rights to the Content, in particular intellectual property rights over texts and photographs, authorisations relating to the image rights of the persons depicted, and rights to use trademarks and distinctive signs. They warrant that the Content is accurate, lawful, and does not infringe any third-party rights.

4.3 Licence. The Client grants presence.green, for the duration of the contract and worldwide, a non-exclusive licence to host, reproduce, adapt (in particular crop, resize and convert photographs), display and distribute the Content, solely for the purpose of providing the Service, which expressly includes: publication on the public page, transmission to artificial intelligence models to generate the conversational assistant's replies and editing suggestions, and exposure as structured data (Schema.org, llms.txt) intended for indexing by search engines and AI engines.

4.4 Responsibility. The Client is solely responsible for the Content they publish. presence.green exercises no prior editorial control and acts as a host of the Content within the meaning of the law. It may remove any manifestly unlawful Content reported to it.

It is prohibited to use the Service to:

• publish or distribute content that is unlawful, infringing, defamatory, misleading or that infringes third-party rights;
• publish or distribute content that is pornographic, sexually explicit or adult-only, content inappropriate for minors, content inciting hatred, violence or discrimination, glorifying crimes or acts of terrorism, or of a violent, degrading or shocking nature;
• create a page for a business, activity or person that the Client does not legitimately represent, impersonate a third party, create a fictitious, fraudulent or misleading page, or mislead visitors as to the true identity of the page's operator;
• carry out or promote an illegal activity, or an activity falling within the categories prohibited by presence.green's payment providers (in particular Stripe's list of restricted businesses, stripe.com/restricted-businesses);
• have the conversational assistant deliver advice falling within a regulated profession (in particular personalised legal, medical or financial advice);
• attempt to circumvent, manipulate or divert the conversational assistant or the Service's systems (in particular through prompt injection), extract their models or instructions, or circumvent quotas;
• collect or extract data from the Service in an automated manner, or disrupt its operation.

In the event of a breach, presence.green may suspend or terminate the account under the conditions of Article 8.

6.1 Nature of generated content. The replies of the public page's conversational assistant, as well as the content suggested by the dashboard's assistance tools (editing assistant, imports), are generated by artificial intelligence. Despite the mechanisms in place to ground replies in the Client's profile, they may contain inaccuracies, approximations or omissions. They are provided as is, without warranty of accuracy or completeness, without prejudice to the rights that Consumer Clients hold under the law.

6.2 Client's responsibility for their profile. The conversational assistant answers exclusively on the basis of the profile built by the Client. The Client is responsible for the accuracy and updating of their profile information, and validates the suggestions generated by the assistance tools before their integration.

6.3 Scope of the assistant's replies. The conversational assistant's sole purpose is to inform visitors and facilitate contact. It makes no commitment on behalf of the Client: it concludes no booking, order, quotation or contract. Visitors are informed of this on the public page (AI-generated content notice).

presence.green endeavours to ensure continuous availability of the Service, as a best-efforts obligation. It does not guarantee any availability rate and may temporarily interrupt the Service for maintenance, endeavouring to limit its duration and impact. The Service relies on third-party infrastructure and services (in particular Cloudflare and Anthropic) for which presence.green is not responsible, without prejudice to the rights that Consumer Clients hold under the law.

presence.green may suspend all or part of access to the Service, after notice except in urgent cases:

• in the event of a breach of these Terms of Use or of the Terms of Sale;
• in the event of a report of manifestly unlawful Content;
• in the event of serious suspicion of identity theft, of a fictitious or fraudulent page, or of a page created for an activity that the Client does not actually carry out — the public page concerned may then be unpublished without delay or prior notice, including upon report by the person or business whose identity is being impersonated;
• upon requirement of an authority or of a provider essential to the Service (in particular the payment provider);
• when quotas are reached or in the event of payment failure, under the conditions set out in the Terms of Sale.

In the event of suspension of the public page, a neutral holding page is displayed to visitors; the Client's access to their dashboard and their data is maintained, except in the event of a serious breach.

The Service, its platform, its design, its trademarks and its developments remain the exclusive property of presence.green. Subscription grants the Client a personal, non-exclusive and non-transferable right to use the Service for the duration of the contract. Any unauthorised reproduction, extraction or reuse is prohibited.

The Client shall indemnify and hold presence.green harmless against any third-party claim, action or award (including reasonable defence costs) resulting from the Client's Content, from the Client's breach of these Terms of Use, or from their use of the Service in breach of the law or of third-party rights.

The processing of personal data is described in the Privacy Policy published on presence.green.

With respect to the personal data of visitors to the Client's public page (in particular messages sent to the conversational assistant), the Client acts as data controller and presence.green as data processor, in accordance with the "Data Processing Agreement" annex to these Terms of Use, which forms an integral part hereof.

Payment data is collected and processed by Stripe (Stripe Payments Europe, Ltd), acting as a separate data controller, in accordance with Stripe's privacy policy.

The termination of subscriptions is governed by the Terms of Sale. The Client may request the deletion of their account at contact@presence.green; deletion is carried out within a maximum of one month.

presence.green may amend these Terms of Use. Any substantial amendment is notified to the Client at least 15 days before it takes effect. Continued use of the Service after that date constitutes acceptance.

These Terms of Use are governed by French law; only the French version is authentic. For Professional Clients, any dispute not resolved amicably within 30 days falls within the exclusive jurisdiction of the courts of Toulouse, France. Consumer Clients may bring proceedings before the competent court under the conditions provided by law and may have recourse to the consumer mediator designated in the Terms of Sale.

This agreement governs the processing, by presence.green (the "Processor"), of the personal data of visitors to the public page on behalf of the Client (the "Controller").

1. Subject matter, nature and purpose of processing. Hosting of the Client's public page, provision of the conversational assistant to visitors (receipt, processing and storage of messages, generation of replies by AI) and production of aggregated audience statistics.

2. Duration. For the entire duration of the Service contract.

3. Categories of data and data subjects. Data subjects: visitors to the Client's public page. Data: content of messages sent to the conversational assistant (including personal data spontaneously included by the visitor), technical session identifier, hashed IP addresses for security and deduplicated audience measurement purposes.

4. Instructions. The Processor processes the data only on documented instructions from the Controller, as materialised by these Terms of Use and by the Client's configuration of the Service. It shall inform the Client if, in its opinion, an instruction infringes the GDPR.

5. Confidentiality and security. The Processor ensures that persons authorised to process the data are bound by an obligation of confidentiality, and implements appropriate technical and organisational measures (encryption in transit, IP address hashing, data segregation, access control).

6. Sub-processors. The Client grants general authorisation for the use of the following sub-processors: Cloudflare, Inc. (hosting and infrastructure), Anthropic (AI reply generation). The Processor shall inform the Client of any intended change (addition or replacement), the Client being entitled to object; in the event of persistent disagreement, the Client may terminate the Service. The Processor imposes on its sub-processors obligations equivalent to those herein.

7. Transfers outside the EU. Sub-processors may process data outside the European Union; such transfers are governed by appropriate safeguards within the meaning of Chapter V of the GDPR (in particular standard contractual clauses and, where applicable, applicable adequacy frameworks).

8. Assistance. Taking into account the nature of the processing, the Processor shall reasonably assist the Client in responding to data subjects' requests to exercise their rights and in complying with its obligations under Articles 32 to 36 of the GDPR.

9. Data breach. The Processor shall notify the Client of any personal data breach without undue delay after becoming aware of it, together with the information useful for any notification to the supervisory authority.

10. Fate of the data. At the end of the contract, the Processor shall delete the data processed on behalf of the Client within a reasonable time, unless legally required to retain it.

11. Documentation and audit. The Processor shall make available to the Client the information necessary to demonstrate compliance with this agreement and shall allow, upon the Client's written request, at most once per year and at the Client's expense, a documentary audit.