Terms of Service

1. Definitions

User:

any natural or legal person using the Service.

Account:

a user account created to access the Service.

User Content:

text, prompts, images, files, and other data provided by the User through the Service.

Third-party providers:

external service providers and services mentioned in the Privacy Policy.

DPO:

Data Protection Officer, Cédric Thierry ([email protected]).

2. Acceptance of terms

Use of the Service implies full and complete acceptance of these Terms. If you do not accept these Terms, do not use the Service.

3. Access to the service and registration

3.1. Eligibility

The Service is intended for persons aged at least 15 in France (or the legal age of digital consent applicable in the EEA) and is not intended for children under 13 outside the EEA. Polyware reserves the right to refuse or delete any non-compliant Account.

3.2. Account creation

To use the Service, you must create an Account. Authentication is performed via magic link sent by email or via OAuth (Google, Microsoft, GitHub). You warrant that the information provided is accurate and up to date.

3.3. Account responsibility

The User is responsible for access to their Account and all operations performed from it. Please report any unauthorized use immediately. Polyware shall not be held liable for the consequences of unauthorized access resulting from the User's negligence.

4. Subscriptions, payments, and billing

4.1. Payment methods

Paid services are offered as subscriptions and managed by Stripe. Payment data is processed by Stripe and does not pass through Polyware's servers. By subscribing, you authorize Polyware to charge the agreed amount through these providers.

4.2. Plan changes and renewal

The terms for plan changes, automatic renewal, and billing cycles are described in the interface and in the specific conditions displayed at the time of subscription.

4.3. Refunds

Unless required by mandatory law or specific conditions expressly provided and communicated by Polyware, payments are non-refundable. Refund requests are handled by our support team and will be evaluated on a case-by-case basis in coordination with Autumn and Stripe.

4.4. Payment default

In the event of payment default, Polyware reserves the right to suspend or terminate access to the Service until the situation is resolved.

5. Authorized use and restrictions

5.1. Authorized use

The User agrees to use the Service in compliance with applicable laws, these Terms, and public decency. The User may in particular:

• Submit prompts, images, and files to obtain AI-generated responses.
• View their history and manage their account and subscription.

5.2. Prohibited use

It is prohibited to use the Service to:

• Violate the law or commit a criminal offense.
• Publish, transmit, or store illegal, defamatory, discriminatory, child abuse, violent content, or content encouraging hatred.
• Disseminate sensitive or confidential data (medical, banking, identification numbers, trade secrets) without explicit consent.
• Attempt to access, alter, or compromise the security of Polyware's or third-party providers' systems.
• Circumvent or attempt to circumvent security, access, or billing mechanisms.
• Use the Service to automate malicious campaigns, spam, abusive scraping, or any activity likely to harm Polyware or third parties.
• Resell or redistribute access to the Service without prior written agreement from Polyware.

Polyware may remove any User Content that violates these Terms and suspend or terminate the User's access.

6. User content, rights, and licenses

6.1. Ownership of user content

You retain ownership of your User Content. You warrant that you hold all rights necessary to submit this content to the Service and grant the licenses below.

6.2. License granted to Polyware

By submitting User Content, you grant Polyware a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, host, store, reproduce, adapt, modify, create derivative works from, exploit, distribute, and display such content for the purpose of operating, improving, and providing the Service, including transmission to third-party providers when necessary to deliver the requested functionality.

6.3. Use by other users and display

Polyware may, unless otherwise indicated in writing, use anonymized excerpts for analytical and product improvement purposes. Any public publication of content will be subject to your explicit consent, unless the content is already public.

7. Intellectual property

7.1. Polyware's rights

Unless expressly stated otherwise, Polyware retains all intellectual property rights in the Service, documentation, interface, brand, and original elements developed by Polyware. Any reproduction or representation is prohibited without prior written authorization.

7.2. AI-generated results

Responses generated by AI models are provided as-is. Rights to these results may be subject to the terms of third-party providers as applicable. The User is responsible for their use of generated content.

8. Privacy and personal data

The Privacy Policy, available at https://brome.ai/legal/privacy, explains the collection, use, and rights relating to personal data. Questions should be directed to the DPO: [email protected].

9. Warranty, liability, and exclusion

9.1. No warranty

Unless required by mandatory law, the Service is provided "as is" and as available. Polyware does not guarantee the suitability of the Service for particular needs, uninterrupted operation, or the accuracy, reliability, or error-free nature of AI-generated responses.

9.2. Limitation of liability

To the fullest extent permitted by law, Polyware's total liability to the User under these Terms is limited to the amount actually paid by the User during the twelve (12) months preceding the triggering event. Under no circumstances shall Polyware be held liable for indirect, intangible damages, loss of profits, loss of data, or commercial harm.

9.3. Force majeure

Polyware is not liable for failures resulting from force majeure as defined by French case law and applicable legal provisions.

10. Indemnification

The User agrees to indemnify, defend, and hold harmless Polyware, its officers, employees, and successors from any claim, damage, loss, or expense (including reasonable attorney's fees) resulting from a breach of these Terms, unlawful use of the Service, or infringement of third-party rights related to User Content.

11. Suspension and termination

11.1. Termination by the user

The User may delete their Account and close their subscription through the options available in the interface. Account deletion results in the immediate and permanent deletion of operational data (except temporary technical backups and legal billing obligations).

11.2. Termination by Polyware

Polyware may suspend or terminate a User's access in the event of a material breach, fraudulent activity, security risk, or legal request. Notice will be provided where reasonably possible.

12. Amendments to the Terms

Polyware may amend these Terms. In the event of a material change, Polyware will notify Users electronically (in-app notification and/or email). Continued use of the Service after notification constitutes acceptance of the new Terms.

13. External links and third-party services

The Service may contain links to third-party websites or services. Polyware has no control over these services and disclaims any liability for their content, practices, or privacy policies. Use of these services is governed by their own terms.

14. Governing law and jurisdiction

These Terms are governed by French law. In the event of a dispute, the parties shall endeavor to resolve the matter amicably before taking legal action. Failing an amicable agreement, the competent courts shall be those within the jurisdiction of the Court of Appeal of Paris (France), subject to mandatory rules of jurisdiction.

15. Miscellaneous provisions

15.1. Entire agreement

These Terms constitute the entire agreement between the parties and supersede any prior agreement.

15.2. Severability

If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in effect.

15.3. Assignment

Polyware may assign or transfer its rights and obligations under these Terms to a third party, particularly in the context of a restructuring, merger, acquisition, or asset sale. The User may not assign their rights without the written consent of Polyware.

15.4. Notices

Notices from Polyware will be sent to the email address associated with the Account or posted in the interface. Legal notices may also be served by mail to the registered office address.

16. Contact

For any questions relating to these Terms, please contact:

• General contact: [email protected]
• DPO: [email protected] (Cédric Thierry)
• Postal address: Polyware — 47 rue Vivienne, 75002 Paris, France

By using the Service, you acknowledge that you have read, understood, and accepted these Terms of Service.