IRIS TERMS
These Terms of Sale and Use, hereinafter the Terms, govern the subscription to the iris service, a conversational agent published by PARADEYES, and its use by the Client.
iris is a service separate from the agency services provided by PARADEYES. The general terms of sale applicable to agency services and to the client dashboard, published on paradeyesagency.com, do not apply to the iris subscription. In the event of any contradiction between the two documents regarding iris, these Terms prevail.
Subscribing to iris constitutes unreserved acceptance of these Terms, which prevail over any other document issued by the Client, including its own purchasing terms, unless expressly agreed in writing by the Publisher.
PARADEYES Simplified joint stock company with a share capital of 1,000 € Registered office: 40 rue de Meudon, 92100 Boulogne Billancourt, France Registered with the Nanterre Trade and Companies Register under number 994 727 154 SIRET: 994 727 154 00019 APE code: 7021Z Intra community VAT number: FR 45 994 727 154 Represented by Mr Basilide Gonot, President.
Contact: support@paradeyesagency.com
Publisher: PARADEYES, as identified in Article 1.
Client: any legal entity or natural person acting for professional purposes who subscribes to the Service.
Service or iris: the conversational agent based on artificial intelligence made available to the Client by the Publisher, as described in Article 4.
Visitor: any person who interacts with iris through one of the channels activated by the Client, including an end customer, a prospect or a contact of the Client.
Knowledge base: all information, texts, documents, prices, opening hours, procedures and instructions provided by the Client and used by iris to generate its replies.
Management area: the secure online interface from which the Client configures the Service, reviews conversations, manages the subscription and cancels.
Conversation: the billing and quota unit, defined in Article 8.
Plan: one of the four subscription levels described in Article 7.
The Service is reserved for professionals. By subscribing, the Client declares that it is acting in the course of its commercial, industrial, craft, professional or agricultural activity, and not as a consumer within the meaning of the introductory article of the French Consumer Code.
The Publisher does not contract with consumers. The protective provisions of the Consumer Code, including the fourteen day right of withdrawal set out in Article L 221 18, therefore do not apply to this contract.
Article L 221 3 of the French Consumer Code extends certain consumer protections to professionals employing fewer than six people, where the contract concluded falls outside the scope of their main activity.
The parties expressly agree that the Service, the purpose of which is to manage incoming messages, customer relations and appointment booking for the Client, falls within the scope of the Client's main activity, regardless of headcount. Article L 221 3 therefore does not apply, and the Client has no right of withdrawal.
This qualification is without prejudice to the free trial period set out in Article 6, which allows the Client to evaluate the Service without commitment and without any payment being taken.
The Client warrants that it has the legal capacity and authority required to subscribe to the Service and accept these Terms.
iris is a conversational agent based on artificial intelligence. It automatically replies, under the Client's identity, to messages received by the Client on the channels it has activated.
Depending on the Plan, iris may:
iris generates its replies from the Knowledge base provided by the Client, using language models operated by third party providers.
The Service is provided as software as a service. No source code, executable file or exploitation licence is delivered to the Client.
The Publisher may modify the Service, its features and its interface at any time, provided that the essential characteristics of the subscribed Plan are not substantially degraded.
Subscription takes place online. The Client provides the requested information, selects a Plan and, where applicable, options, supplies a valid payment card and expressly accepts these Terms by ticking the box provided for that purpose.
The contract is formed on the date the Client validates the subscription. A confirmation email is sent, summarising the selected Plan, the amount, the start date of the trial period and the date of the first payment.
The Client is solely responsible for the accuracy of the information provided. The Client undertakes to keep it up to date in the Management area, in particular billing details and payment methods.
The Client is solely responsible for the confidentiality of its login credentials. Any action carried out from the Management area is deemed to have been carried out by the Client.
On first subscription, the Client benefits from a free trial period of seven calendar days, starting on the date the subscription is validated.
A valid payment card is required to open the trial period. No amount is charged during the seven days of the trial. An authorisation transaction, without debit, may be performed by the payment provider in order to verify that the card is valid.
At the end of the trial period, the subscription automatically continues as a paid subscription. The first payment is taken on the eighth day following subscription, from the payment card provided, for the amount of the Plan and any options subscribed.
A Client who does not wish to continue must cancel before the end of the seventh day, from the Management area, in a single immediate action and without justification. No payment is then taken.
The Publisher sends the Client a reminder email at least forty eight hours before the first payment, stating its date and amount together with a direct link allowing cancellation.
The Client acknowledges having been clearly and legibly informed, at the time of subscription, that payment is taken automatically at the end of the trial period. This acceptance is collected through a separate, non pre ticked checkbox.
The trial period is limited to one per Client, regardless of the number of accounts, locations, email addresses or payment methods used. The Publisher reserves the right to refuse or close, without notice, any trial subscribed in circumvention of this rule.
The trial period is available on monthly Plans only. Annual Plans are payable immediately on subscription.
During the trial period, the Service is provided within the limit of the monthly quota of the selected Plan.
All amounts are expressed in euros and exclusive of tax. Value added tax at the applicable rate, being 20 % at the date hereof, is added to the price.
Starter: 69 € per month or 690 € per year. Instagram direct messages. Appointment booking. Email notifications. 300 Conversations per month.
Growth: 99 € per month or 990 € per year. Everything in Starter, plus Google reviews and automatic direct message replies to Instagram comments. 600 Conversations per month.
Pro: 139 € per month or 1,390 € per year. Everything in Growth, plus the conversation module on the Client's website, Google Calendar synchronisation and customisable appearance. 1,000 Conversations per month.
Business: 199 € per month or 1,990 € per year. Everything in Pro, plus WhatsApp, Notion integration and a custom domain. 2,000 Conversations per month.
An annual commitment grants two months free, the annual price corresponding to ten monthly instalments.
The following options are billed monthly, exclusive of tax, and may be added to any Plan:
The price list in force is the one published on the Publisher's website on the day of subscription or renewal.
The Publisher may amend its prices. Any change is notified to the Client by email at least thirty days before it takes effect. It applies from the first billing date following the expiry of that period. A Client who does not accept the new price may cancel the subscription in accordance with Article 11, without penalty, before it takes effect. Continuing the subscription after that date constitutes acceptance of the new price.
Prices of ongoing annual subscriptions are not changed before their renewal date.
The Conversation is the sole billing and quota unit. The parties expressly agree on the following definition.
A Conversation means all exchanges between a single Visitor and iris during a rolling window of twenty four consecutive hours, regardless of the number of messages exchanged during that window, regardless of their length, and regardless of the number of topics discussed.
The twenty four hour window opens at the timestamp of the first message sent by the Visitor to iris when no window is open for that Visitor. It closes exactly twenty four hours after that timestamp.
Any message sent by that same Visitor while the window is open is attached to the ongoing Conversation and does not trigger any additional count.
The first message sent by that same Visitor after the window has closed opens a new window and counts as a new Conversation.
A Conversation is deducted from the Client's monthly quota when the window opens, that is, upon receipt of the first message. A Conversation opened on the last day of a billing period is counted in full against that period, including where the exchanges continue into the following period.
The uniqueness of a Visitor is assessed per channel and per technical identifier, as follows:
It follows, and the Client may not rely on the contrary, that the same natural person interacting with iris from two different channels, from two different devices, from two different browsers, or after clearing the local storage of the browser, is counted as several distinct Visitors and gives rise to several Conversations.
The following are not deducted from the quota:
The count of Conversations results from the Service records, which the Client may consult at any time in the Management area. These records are binding between the parties, subject to evidence to the contrary provided by the Client.
Each Plan includes a set number of Conversations per month, increased where applicable by any volume packs subscribed.
Once the quota is reached, iris stops replying to new Visitors until the quota resets or a volume pack is subscribed. This is a soft block: the Service remains accessible from the Management area, past conversations remain available, and other features continue to operate.
No usage based billing is applied. No overage is charged. Under no circumstances may the Client be charged an amount greater than that of its Plan and its options.
The Client is notified by email as the quota approaches, and again when it is reached.
The quota resets on each billing date. Unused Conversations are neither carried over, nor refunded, nor converted into credit.
The Publisher draws the Client's attention to the fact that reaching the quota results in messages from its own end customers going unanswered. It is the Client's responsibility to monitor its consumption and to adjust its Plan or options accordingly. The Publisher may not be held liable for the commercial consequences of a block due to quota overage.
Payments are processed by Stripe, a payment services provider. The only accepted payment method is a payment card. The Publisher does not store any card data.
The Client authorises the Publisher, through Stripe, to automatically charge the card provided for the amount due on each billing date, without further formality.
Monthly subscriptions are charged each month on the anniversary date of the first billing date. Annual subscriptions are charged each year on the anniversary date of the subscription.
An invoice is issued and sent automatically to the Client by email on each billing date. It is also available in the Management area.
In accordance with Articles L 441 10 and D 441 5 of the French Commercial Code, any late payment automatically gives rise, without any reminder being necessary, to:
If a payment fails, the Publisher carries out automatic retry attempts and informs the Client by email. Once the attempts are exhausted, the Publisher may suspend access to the Service and terminate the subscription automatically, without prejudice to the recovery of the sums due.
The Client may not set off any sums due to the Publisher against any claim it holds or purports to hold against the Publisher.
The subscription is entered into for an indefinite term. It renews automatically on each billing date, monthly or annually depending on the Plan, until cancelled by either party.
Article L 215 1 of the French Consumer Code, which requires professionals to inform consumers of their right not to renew an automatically renewing contract, does not apply to this contract, entered into between two professionals acting within the scope of their main activity.
The Publisher nevertheless undertakes, contractually and voluntarily, to send Clients holding an annual subscription a reminder email at least thirty days before each renewal date, stating the renewal date, the amount that will be charged and the option to cancel from the Management area.
Moving to a higher Plan or adding an option takes immediate effect. The Client is charged, pro rata for the time remaining until the next billing date, the difference between the former and the new Plan. The quota is adjusted immediately.
Moving to a lower Plan or removing an option takes effect on the following billing date. Until then, the Client retains the benefit of its current Plan. No refund, pro rata adjustment or credit is due in respect of the period already paid.
The Client may cancel its subscription at any time and without cause, from the Management area, in a single immediate action.
Cancellation takes effect at the end of the current period, monthly or annual. The Client retains access to the Service until that date. No refund, even partial, is due for the remaining period, including for an annual subscription.
The Publisher may terminate the subscription:
On the effective date of termination, access to the Service and to the Management area is closed and iris stops replying on all of the Client's channels.
The Client may export its conversations and Knowledge base from the Management area until the effective date of termination, and thereafter for thirty days upon written request to the Publisher.
The fate of personal data is governed by Article 17.
The Client undertakes to:
Replies generated by iris are published under the Client's identity, to the Client's own end customers. The Client remains solely responsible, towards third parties, for the content published under its identity and for the relationship with its end customers.
The Client shall not use the Service:
Any breach of this Article entitles the Publisher to suspend the Service immediately as set out in Article 11.6.
iris generates its replies automatically, using language models. These replies may contain errors, inaccuracies, omissions or inappropriate wording, including where the Knowledge base is accurate.
The Publisher does not warrant the accuracy, completeness, relevance or suitability of the replies generated. The Service is provided on a best efforts basis.
Replies generated by iris constitute neither a binding commercial offer, nor a contractual commitment of the Publisher, nor professional advice. Commitments made by iris towards a Visitor, in particular as to prices, availability or conditions, are the sole responsibility of the Client.
The Client undertakes to supervise the Service, to monitor the quality of the replies generated and to correct its Knowledge base as necessary. For this purpose it has permanent access to the conversation history in the Management area.
In accordance with the transparency obligations applicable to artificial intelligence systems intended to interact with natural persons, in particular those arising from the European regulation on artificial intelligence, the Visitor must be informed that they are interacting with an automated system and not with a human being.
To this end, the Service includes an explicit notice of interaction with an artificial intelligence. The Client shall not remove, hide, circumvent or alter this notice, and shall not allow Visitors to believe that they are interacting with a member of its staff. The Client undertakes to maintain a simple means for a Visitor to be put in touch with a human being.
Any breach of this Article constitutes a serious breach, for which the Client alone is liable.
The purpose of the Service is not to take, in respect of Visitors, decisions based solely on automated processing which produce legal effects or significantly affect them within the meaning of Article 22 of the GDPR. The Client shall not configure it for that purpose.
The Service relies on application programming interfaces and services provided by third parties, in particular Meta for Instagram and WhatsApp, Google for calendar and reviews, and the language model providers.
The Client acknowledges that:
If a third party interface becomes permanently unavailable and deprives the Client of an essential feature of its Plan, the Publisher will endeavour to offer an equivalent solution. Failing this, either party may cancel the subscription, and the Client is refunded pro rata for amounts paid in advance for the period not performed.
The Publisher uses its best efforts to keep the Service available. In the absence of a separately subscribed service level agreement, the Publisher makes no quantified availability commitment.
The Publisher may temporarily interrupt the Service for maintenance. It endeavours to inform the Client in advance where the interruption is scheduled and to limit its duration.
The Client benefits from email support at support@paradeyesagency.com, on business days and during business hours.
In the performance of the Service, the parties agree that:
The Publisher remains the controller for data relating to its own contractual relationship with the Client, in particular the identity and contact details of its contacts, login data and billing data.
Subject matter: the provision of the Service, consisting in receiving, analysing and automatically processing messages sent to the Client by Visitors, replying to them, qualifying requests, recording appointment bookings and returning this information to the Client.
Duration: the term of the subscription, plus the retention periods set out in Article 17.9.
Nature of the operations: collection, recording, organisation, structuring, storage, consultation, use, transmission to sub processors, making available to the Client, erasure.
Purpose: to enable the Client to reply automatically to messages from its end customers, to qualify them and to manage its appointment bookings.
Data subjects: Visitors, being the end customers, prospects and contacts of the Client who interact with iris.
Categories of data:
The Client shall not configure the Service in such a way as to cause the collection of sensitive data within the meaning of Article 9 of the GDPR. Should such data nevertheless be volunteered by a Visitor, the Client alone bears responsibility for it and handles the applicable legal bases and safeguards.
The Client undertakes to:
The Client has the rights set out in this Article, in particular the right to obtain from the Publisher the information necessary to demonstrate its compliance.
The Publisher processes personal data solely on the Client's documented instructions, including with regard to transfers outside the European Union, unless required to do otherwise by law. In the latter case, it informs the Client before processing, unless legally prohibited from doing so.
These Terms, together with the configuration carried out by the Client in the Management area and the content of its Knowledge base, constitute the Client's documented instructions.
The Publisher immediately informs the Client if, in its opinion, an instruction infringes the GDPR or any other data protection provision.
The Publisher ensures that persons authorised to process the data are bound by a confidentiality obligation and receive the necessary training.
The Publisher implements appropriate technical and organisational measures, including: encryption of data in transit, encryption of access tokens for third party accounts, logical separation of data per client, access control, logging, regular backups and an incident management procedure.
The Publisher notifies the Client of any personal data breach concerning the entrusted scope, without undue delay and no later than seventy two hours after becoming aware of it, providing the information needed for the Client to fulfil its own notification obligations.
The Client expressly authorises the Publisher to use the following sub processors for the performance of the Service:
The named and up to date list of sub processors, stating their identity, the country of processing and the purpose, is made available to the Client on request sent to support@paradeyesagency.com and published in the Management area.
Prior notice and objection: the Publisher informs the Client, by email and at least thirty days in advance, of any intended addition or replacement of a sub processor. The Client has fifteen days from that notice to object on legitimate and reasonable data protection grounds. In the event of an objection, the parties will look for an alternative solution. Failing agreement within thirty days, the Client may cancel its subscription without penalty, and the Publisher refunds pro rata the amounts paid in advance for the period not performed.
The Publisher imposes on each sub processor, by contract, the same data protection obligations as those incumbent on it under these Terms. It remains fully liable to the Client for the performance by its sub processors of their obligations.
Conversations and the data they contain are retained for twelve rolling months from their last exchange, so that the Client may consult them, and are then automatically deleted, unless a different retention period is configured by the Client in the Management area.
At the end of the contract, the Publisher deletes all personal data processed on behalf of the Client within thirty days of the effective date of termination, unless the Client expressly requests their return before the expiry of that period, and subject to any legal retention obligation.
Invoices and accounting records relating to the contractual relationship with the Client are retained for ten years in a separate database, in accordance with Article L 123 22 of the French Commercial Code.
The Publisher assists the Client, taking into account the nature of the processing and the information available to it, in fulfilling its obligations, in particular in responding to requests from data subjects exercising their rights, in carrying out impact assessments and in notifying data breaches.
Where a request to exercise rights is sent directly to the Publisher by a data subject, the Publisher forwards it to the Client without undue delay.
The Publisher makes available to the Client all information necessary to demonstrate compliance with the obligations of this Article and to allow for audits, including inspections, by the Client or an auditor it mandates. Audits are carried out on at least thirty days written notice, during business hours, no more than once a year except in the event of a proven security incident, in a manner that does not disrupt the Publisher's activity, and at the Client's expense. The auditor is bound by a confidentiality obligation and may not be a competitor of the Publisher.
Some sub processors are established outside the European Union, in particular in the United States of America. The Client expressly authorises these transfers.
The Publisher ensures that any transfer of personal data outside the European Union is governed by a transfer mechanism compliant with Chapter V of the GDPR, namely an adequacy decision of the European Commission, in particular the EU US Data Privacy Framework where the recipient is certified under it, or, failing that, the standard contractual clauses adopted by the European Commission, together with additional measures where appropriate.
The Publisher provides the Client, on request, with a copy of the safeguards in place.
Each party maintains the record of processing activities required by Article 30 of the GDPR for the processing for which it is responsible.
The Publisher remains the owner of all intellectual property rights in iris, including its code, architecture, interfaces, databases, system prompts, trade marks, visual identity and documentation.
The Client is granted, for the term of its subscription only, a personal, non exclusive, non transferable and non sublicensable right to use the Service, for the purposes of its own business and within the limit of the locations subscribed for.
Any reproduction, extraction, adaptation, reverse engineering or exploitation of the Service outside this framework is prohibited and constitutes infringement.
The Client remains the sole owner of the rights in its Knowledge base, its content and its data, as well as in the personal data of its end customers, for which it is the controller.
The Client grants the Publisher, for the term of the contract only, the right to host, reproduce and process these elements strictly to the extent necessary to provide the Service.
The Publisher does not use the Client's conversations, nor its Knowledge base, to train artificial intelligence models. The Publisher contractually requires its language model providers not to use the data transmitted for training purposes.
The Publisher may use anonymised and aggregated data, which does not allow, directly or indirectly, the identification of the Client, its end customers or its Visitors, solely for the purposes of quality measurement, defect correction and improvement of the Service. Such anonymised data no longer constitutes personal data.
The Client may object to this use at any time, without having to give reasons, by email to support@paradeyesagency.com or from the Management area. Such objection has no effect on the provision of the Service.
Unless the Client objects in writing at any time, the Publisher may mention the Client's name and logo as a commercial reference. This authorisation does not under any circumstances extend to the content of conversations.
The Publisher is bound by a best efforts obligation. Its liability may be engaged only in the event of proven fault and solely for direct, foreseeable and certain damage resulting from that fault.
Indirect damage is expressly excluded from any compensation, in particular loss of business, loss of revenue, loss of orders, loss of customers, loss of opportunity, damage to image or reputation, loss of profit, as well as the consequences of third party claims, in particular from the Client's end customers.
The Publisher is not liable for:
In any event, the Publisher's total liability, for all causes and all damage combined, is capped at the total amount excluding tax actually paid by the Client for the Service during the twelve months preceding the triggering event.
The Client indemnifies the Publisher against any claim, action or judgment brought by a third party, in particular an end customer, a third party platform or an authority, arising from a breach by the Client of Articles 12, 13, 14 or 17.
Any action by the Client against the Publisher must be brought within one year of the triggering event, failing which it is time barred.
Neither party may be held liable for a failure to perform its obligations resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code.
The following are in particular treated as events of force majeure, without this list being exhaustive: the unavailability, unilateral modification, restriction or removal of the application programming interfaces of Meta, Google or any other third party provider, as well as the unavailability, failure or discontinuation of service of the language model providers and of the hosting provider, general network or power outages, large scale cyber attacks, epidemics and pandemics, and decisions of public authorities.
The party affected informs the other without delay. Obligations are suspended for the duration of the impediment. If it exceeds sixty consecutive days, either party may terminate the contract automatically, without compensation, and the Client is refunded pro rata for amounts paid in advance for the period not performed.
Each party undertakes to treat as confidential any non public information of which it becomes aware in connection with the contract, and not to disclose it to third parties, throughout the term of the contract and for the five years following its end.
Excluded is information already known to the receiving party, which has entered the public domain through no fault of its own, or the disclosure of which is required by law or by a court decision.
The Publisher may amend these Terms, in particular to reflect changes to the Service, to regulations or to its sub processors.
Any substantial amendment is notified to the Client by email at least thirty days before it takes effect.
A Client who does not accept the amendment may cancel its subscription, without penalty, before the effective date. It is refunded pro rata for amounts paid in advance for the period not performed. Failing cancellation, continued use of the Service after that date constitutes acceptance of the amended Terms.
Amendments required by an immediately applicable legal or regulatory change take effect without notice.
Assignment: the Client may not assign the contract without the Publisher's prior written consent. The Publisher may assign the contract to any company within its group or in the context of a merger, contribution or transfer of business, subject to informing the Client.
Waiver: the failure of either party to rely on a provision does not constitute a waiver of its right to rely on it at a later date.
Severability: if any provision hereof is held void or unenforceable, the remaining provisions retain full force and effect.
Evidence: the Publisher's computerised records, in particular connection logs, conversation records and records of acceptance of the Terms, are binding between the parties, subject to evidence to the contrary.
Entire agreement: these Terms, the price list published on the Publisher's website and the subscription summary constitute the entire agreement between the parties in respect of the Service.
These Terms are governed by French law, to the exclusion of any conflict of law rules.
Prior mediation: in the event of a dispute, the parties undertake to seek an amicable solution. The Client may refer the matter to the Médiateur des entreprises, a free service accessible online. Referral to the mediator does not prevent protective measures or urgent proceedings.
Jurisdiction: failing an amicable resolution, any dispute relating to the formation, interpretation, performance or termination hereof falls within the exclusive jurisdiction of the Commercial Court of Nanterre, notwithstanding multiple defendants, third party proceedings or urgent proceedings, including interim relief.
Language: these Terms are drafted in French. Any translation is provided for information only. In the event of any discrepancy, only the French version is binding.
Validation of the subscription by the Client, evidenced by the checkbox provided for that purpose, constitutes express and unreserved acceptance of these Terms of Sale and Use.
For any question relating to these Terms:
PARADEYES 40 rue de Meudon, 92100 Boulogne Billancourt support@paradeyesagency.com