Answer Writter Terms of Service

Article 1 — Identification of the Parties

These General Conditions govern the relationships between:

• SMART GLOBAL GOVERNANCE, a simplified joint stock company with a capital of €3,350,535.32 with a capital of €3,350,535.32, registered office located at 300 rue du Vallon, 06560 Valbonne, France (“SMART GLOBAL”),
• Any legal person or professional individual using the Answer Writer platform accessible online (“The Customer”).

Article 2 — Definitions

• Answer Writer platform : Artificial Intelligence (AI) assistance solution, accessible exclusively in SaaS, offered by SMART GLOBAL.
• Freemium account : Free access limited to one (1) user, 10MB of storage, maximum duration of one (1) month, without technical support.
• Premium account : Any paid subscription (Boost, Optimize, Augment or Enterprise offers) according to the characteristics specified at the time of subscription (number of users, storage, technical support).
• Result : Any data, report, response or content generated by Answer Writer, in its initial form or after modification by the Customer.
• SLA : Service Level Agreement available on the website.
• Project : Any questionnaire processed via the platform, regardless of the number of requirements or documents to be analyzed.

Article 3 — Purpose of the CGS‍

These CGS define the conditions under which SMART GLOBAL makes Answer Writer available to the Customer.

Article 4 — Freemium Account Eligibility‍

The Freemium Account is strictly reserved for users with a valid professional email address. Public domains like Gmail, Yahoo, or Outlook are strictly excluded. SMART GLOBAL reserves the right to verify eligibility and to close any non-compliant accounts.

Article 5 — Conditions of access and use‍

The Customer expressly accepts these CGS when registering by explicit electronic acceptance.
The Customer also explicitly and separately accepts the SLA available on the website.

Article 6 — Financial and pricing conditions‍

Freemium is free but limited.
The Premium Account is concluded for a fixed period of twelve (12) months, automatically renewable for identical periods.

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THIS RENEWAL MAY BE CANCELLED BY THE CUSTOMER PROVIDED SMART GLOBAL IS INFORMED AT LEAST SIX (6) MONTHS BEFORE THE ANNUAL DEADLINE BY REGISTERED LETTER. THIS NOTICE ALLOWS SMART GLOBAL TO GUARANTEE THE CONTINUITY AND QUALITY OF CUSTOMER SERVICE. THE CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THIS NOTICE PERIOD IS JUSTIFIED BY THE TECHNICAL AND ORGANIZATIONAL INVESTMENTS NECESSARY FOR THE PROPER EXECUTION OF THE SERVICE.

The Customer can choose between:

• Prepaid annually with a 20% discount, or
• Monthly payment with no discount.

Article 7 — Exclusive use of the Results‍

The Results generated by Answer Writer are intended exclusively for the internal use of the Customer. Any resale, marketing or external distribution is prohibited without the prior written authorization of SMART GLOBAL.

BY EXCEPTION, THE CUSTOMER CAN COMMERCIALLY EXPLOIT THE RESULTS ONLY AFTER A “SUBSTANTIAL TRANSFORMATION”. THIS CONCEPT IS DEFINED AS A MODIFICATION:

1. ORIGINAL (BEARING A CREATIVE IMPRINT OF THE CUSTOMER),
2. DEEP (SIGNIFICANTLY ALTERING THE NATURE, MEANING OR SCOPE OF THE INITIAL CONTENT),
3. AND THAT PREVENTS CONFUSION WITH THE INITIAL CONTENT GENERATED BY ANSWER WRITER.

A SIMPLE RETOUCHING, CORRECTION, TRANSLATION, TRANSLATION, FORMATTING, OR MINOR ADAPTATION DOES NOT CONSTITUTE A SUBSTANTIAL TRANSFORMATION.

Article 8 - Intellectual property‍

SMART GLOBAL owns all intellectual property rights to Answer Writer, its AI, algorithms, and associated content.
The Customer only has a non-exclusive, non-transferable, and revocable license for internal use. Any attempt to access the source code by reverse engineering is strictly prohibited.

Article 9 - Customer responsibility‍

The use of the Results is the sole responsibility of the Customer. He must systematically check their accuracy and relevance before any professional use.

Article 10 - Availability and Maintenance

• Availability guaranteed according to the SLAs published on the website.
• No technical support in Freemium.
• Standard, priority or dedicated technical support depending on the Premium subscription taken out.

Article 11 — Limitation of liability related to AI

• Answer Writer using generative AI, SMART GLOBAL declines all responsibility for the absolute accuracy or completeness of the results.
• Liability limited to direct damages, capped to twelve (12) months of Premium subscription prior to the claim.
• Exclusion of indirect damages (operating loss, data, etc.).

Article 12 — Protection of personal data‍

SMART GLOBAL guarantees total compliance with the RGPD (policy available on the website).

Article 13 — Termination‍

To cancel the Premium subscription, the Customer must notify SMART GLOBAL at least six (6) months before the due date:

• Either directly from his online customer account (immediate confirmation sent by email),
• Or by registered mail with acknowledgement of receipt to SMART GLOBAL GOVERNANCE, 300 rue du Vallon, 06560 Valbonne, France.

Article 14 - Force majeure‍

SMART GLOBAL cannot be held responsible in the event of events constituting a case of force majeure according to French case law.

Article 15 — Confidentiality‍

The Parties undertake to strictly maintain the confidentiality of the information exchanged during and after the duration of the contract.

Article 16 — Modification of the CGS‍

SMART GLOBAL may modify these T&Cs. ANY SUBSTANTIAL MODIFICATION REQUIRES EXPLICIT ACCEPTANCE BY THE CUSTOMER.

Article 17 — Applicable law and dispute resolution‍

These CGS are governed exclusively by French law.
Any dispute not resolved amicably will be definitively settled by arbitration according to the Arbitration Rules of the International Chamber of Commerce (ICC of Paris), in French, by sole arbitrator. The seat of arbitration will be Paris, France.

Article 18 — General Terms of Use (CGU)‍

The Customer also accepts the General Terms of Use (CGU) available on the website. In case of contradiction, these GCS prevail.

Article 19 — International sale

The Customer explicitly accepts the exclusive application of French law, acknowledges being informed of the processing of data carried out from France, and assumes responsibility related to the regulations applicable in his country.