Terms of Use and Sale

00Preamble

These KommIA Terms of Use and Sale (hereinafter the "Terms") are entered into between KommIA SAS, a simplified joint-stock company (société par actions simplifiée) with share capital of €40,000, registered with the Nanterre Trade and Companies Register under number 941 719 742, with its registered office located at [adresse à compléter], intra-community VAT number FR94941719742 (hereinafter "KommIA", "we" or "our") and the customer (hereinafter the "Customer", "you" or "your").

Please read these Terms carefully.

01General provisions

KommIA provides online software (SaaS) accessible via a mobile app (iOS and Android) that enables businesses, freelancers, and agencies to manage their social media communications using artificial intelligence and automation (the "Service" as defined below). By using the Service, you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to use the Service.

The Service is intended exclusively for professional use. By signing up, you represent and warrant that you are acting in the course of your professional activity (commercial, craft, liberal, or other) and not as a consumer within the meaning of the introductory articles of the French Consumer Code. If you are acting as a consumer, please contact us at support@kommia.com before subscribing so that we can inform you of your specific rights, in particular your fourteen (14) day right of withdrawal.

We reserve the right to update and modify all or part of these Terms. In such case, we will publish the modified Terms on kommia.com and notify you by email at least thirty (30) calendar days before they take effect. By continuing to use the Service after the modifications take effect, you consent to them. If a modification has a significant negative impact on you and you have prepaid for a certain period, you may notify us of your disagreement within thirty (30) calendar days of being informed. In that case, we will defer the application of the modification until the end of your prepaid period.

The current version of these Terms is available at: kommia.com/cguv.html and is accessible upon registration in the mobile app.

02Definitions

The terms below, when capitalized in these Terms, have the meaning given to them hereafter:

Account: means an account allowing use of the Service.
Customer Content: means all information, content, and data (including text, images, photos, videos, audio, and documents) provided to or made available to KommIA by you or on your behalf in connection with use of the Service, including content generated by the Service's AI at your request.
Agreement: means, in order of priority, the Data Processing Addendum (DPA) accessible at kommia.com/dpa.html, these Terms, and all schedules that form an integral part of them and that, taken together, govern your relationship with KommIA.
Data: means the content, data, information, and confidential information relating to your business, some of which may not be publicly available.
Applicable Law: means French law and directly applicable European Union law.
Intellectual Property Rights: means copyrights and intellectual property rights, including moral and related rights, patents, trademarks, designs and models, databases, trade names, and all other industrial and intellectual property rights, whether registered or not.
Subscription Term: means the period for which the subscription to the Service will be made available to you by KommIA.
AI Features: means the Service features that use artificial intelligence technologies, including third-party language models, to generate, suggest, or optimize social media content.
Confidential Information: means all information provided by one Party (the "Disclosing Party") to the other Party (the "Receiving Party"), excluding information that is (a) publicly known, (b) independently created by the Receiving Party, (c) lawfully obtained from a third party, or (d) disclosed with prior written consent.
Software: means all of the SaaS-mode software published and operated by KommIA, including the mobile app, together with all its developments, modules, features, documentation, and updates.
Supported Platform(s): means the social network(s) currently supported by the Service, including Instagram, and in due course Facebook, TikTok, LinkedIn, YouTube, and other networks as described on the Site.
Subscription Plan: means the subscription plan chosen by the Customer, as described on the Site.
Service: means the services provided to you by KommIA under this Agreement via the Software.
Site: means the website kommia.com and all of its sub-pages.
Authorized User: means natural persons who access the Service as the Customer, or individual users authorized by you to use the Service.

03Account registration, access, and disclosure

3.1Creation

To use the Service, you must create an Account by completing the registration form, providing us with all required information, and accepting these Terms.

3.2Information

You agree to provide us with complete and accurate information at the time of registration and to keep this information up to date for the entire duration of your use of the Service.

3.3Account confidentiality and security

You must keep your login credentials strictly confidential. You must not disclose them to anyone or allow any third party to access your Account. You are responsible for promptly notifying KommIA of any unauthorized use of your Account. KommIA will not be liable for unauthorized access to your Account to the extent such consequences were not caused by KommIA's gross negligence, willful misconduct, or fraud.

3.4Legal entity

If you use the Service for and on behalf of a legal entity, (i) you are required to mention the name of that legal entity at the time of registration, (ii) you are deemed to be duly authorized for and on behalf of that legal entity, and you and the legal entity will be jointly and severally subject to this Agreement. If you cease to be an authorized representative, you must immediately inform KommIA.

3.5Access to your Account and processing of Data

You acknowledge that KommIA, its subprocessors, or its employees may access your Account and process Customer Content and your Data solely for the purpose of providing the Service, in particular for maintenance, support, security, technical diagnostics, or billing purposes.

04Subscription and Service

4.1Subscription Plan

Your access to the Service depends on the Subscription Plan chosen from the options available on the Site.

4.2Maintenance

KommIA will maintain and update systems and features as necessary. You will not be charged on an ad-hoc basis for system updates.

4.3Updates

KommIA may, at its discretion, make updates to the Service that may result in changes to the appearance and/or functionality of the Service. In the event of scheduled maintenance that may result in a Service interruption, KommIA will use reasonable efforts to inform you in advance by email or in-app notification.

4.4Interoperability with Supported Platforms

The Service interacts with several Supported Platforms, and its delivery depends on their availability. If a Supported Platform ceases to make all or part of its functionality available to KommIA (an "API Change"), KommIA may discontinue the affected features. If an API Change substantially affects more than fifty percent (50%) of the features covered by your Subscription Plan, you will have the right to terminate the Agreement and obtain a pro-rata refund for the remaining period.

4.5Availability

KommIA undertakes to maintain Service availability of at least 99% of the time on a monthly basis, measured outside scheduled maintenance windows. In the event of failure to meet this commitment in a given month, the Customer may request a credit pro-rated to the duration of unavailability, capped at 30% of the monthly subscription amount.

05Artificial intelligence and generated content

5.1Nature of the Service

The Service incorporates AI Features that use language models and artificial intelligence technologies provided by third-party vendors to generate, suggest, and optimize content for social media. You are informed that these features rely on automated data processing.

5.2Limitations and disclaimer

Content generated by the AI Features consists of suggestions that may contain inaccuracies, factual errors, or inappropriate phrasing. KommIA does not warrant the accuracy, relevance, completeness, or legal compliance of AI-generated content. The Customer is solely responsible for reviewing, validating, and publishing any content generated by the AI Features.

5.3Customer responsibility

You are solely responsible for:

reviewing any AI-generated content before publication on Supported Platforms;
ensuring published content complies with Applicable Law, third-party rights (including Intellectual Property Rights), and the terms of use of Supported Platforms;
obtaining any necessary consent if personal data of third parties is used as input for the AI Features.

5.4Transparency and data processing

The data you provide to the AI Features (instructions, text, images) may be transmitted to third-party AI vendors for processing. The list of AI subprocessors is available in our Privacy Policy. These vendors are contractually bound not to use your data for purposes other than providing the Service. KommIA does not transmit any identifiable personal data to these vendors without prior anonymization or pseudonymization, except where technically necessary as documented in the DPA.

5.5Ownership of generated content

Content generated by the AI Features at your request is assigned to you in connection with your use of the Service. However, KommIA cannot guarantee that such content is protectable by copyright or that it does not infringe third-party rights. You use it at your sole risk.

5.6EU AI Act compliance

KommIA undertakes to comply with the obligations applicable to it under Regulation (EU) 2024/1689 on artificial intelligence (the AI Act), including transparency obligations applicable to general-purpose AI systems. KommIA will inform you of any significant changes to the AI Features that may affect your use of the Service.

06Financial terms

6.1Payment of the price

All prices indicated on the Site are exclusive of tax (ex. VAT). The applicable VAT-inclusive amount will be indicated at the time of subscription, in accordance with applicable law. If you are subject to a tax or withholding, the amount payable to KommIA will be increased to fully compensate for that withholding.

6.2Payment terms

Payment is processed through our payment service provider, Stripe. For any billing inquiries: support@kommia.com.

07Term

7.1Trial period

KommIA may offer free access to the Service for a limited period, specified at the time of Account creation. At the end of the trial period, you will be invited to subscribe to a paid Subscription Plan and provide your payment details. No charge will be made without your explicit consent. A reminder email will be sent to you at least forty-eight (48) hours before the end of the trial period.

7.2Renewal

If you do not terminate your paid Subscription Plan before the end of your Subscription Term (or any subsequent renewal period), it will automatically renew for the same duration. A reminder email will be sent to you at least fifteen (15) days before each renewal date.

7.3Pricing changes

We reserve the right to modify Subscription Plans and/or pricing at any time. We will provide written notice of thirty (30) calendar days. You will have the right to unsubscribe or change your Subscription Plan if you do not agree with these changes.

7.4Termination for convenience

You may terminate this Agreement at any time by requesting deactivation of your Account from the app's settings or by sending an email to support@kommia.com. Termination takes effect at the end of the current Subscription Term. You remain liable for amounts owed up to that date.

7.5Termination for breach

Either Party may terminate this Agreement with immediate effect in the event of a material breach by the other Party that has not been cured within ten (10) calendar days of written notice. Material breaches include, in particular:

non-payment or late payment for the Service;
any violation of Applicable Law;
failure to comply with Clause 8 "Limited license";
failure to comply with Clause 9 "Ownership rights";
failure to comply with the obligations in Clauses 10.5 and 10.6.

In the event of termination for breach attributable to KommIA, you will be entitled to a pro-rata refund of fees paid from the termination date through the end of the Subscription Term.

7.6Data portability

In the event of termination, for whatever reason, you may request the export of your Data and Customer Content in a structured and commonly used format (CSV, JSON) for a period of thirty (30) days from the effective date of termination. After this period, KommIA may proceed with the deletion of your Data in accordance with Clause 12.

7.7Survival

The following clauses will remain in effect after termination: Clause 6 "Financial terms", Clause 8 "Limited license", Clause 9 "Ownership rights", Clause 10 "Liability", Clause 11 "Confidentiality", Clause 14 "Miscellaneous", as well as those intended to have effect beyond termination.

08Limited license

8.1Grant of license

Subject to your compliance with this Agreement, KommIA grants you a limited, revocable, non-exclusive, non-transferable, and non-assignable license to use the Service as software-as-a-service (SaaS) for professional use during the Subscription Term.

8.2Restrictions

You and your Authorized Users may under no circumstances:

resell, transfer, lease, sublicense, modify, reverse-engineer, decompile, hack, disassemble, copy, or create derivative works of the Service;
use the Service for unlawful purposes or to transmit unlawful, defamatory, threatening, obscene, violent, racist content, or content that infringes the rights of third parties;
make the Service available to anyone other than your Authorized Users;
circumvent or disable any feature or technological measure of the Service;
upload to the Service or transmit any file containing a virus or any other harmful element;
access the Service for the purpose of creating a competing product or service.

8.3Warranty and indemnification

You warrant compliance with Clause 8.2 and will indemnify KommIA against any liability, claims, and expenses arising from your breach of these obligations.

09Ownership rights

9.1Our ownership rights

All rights, title, and interest in and to the Site and the Service, including the Software, databases, features, updates, documentation, and all content therein, are the exclusive property of KommIA. All trademarks, trade names, and logos, including "KommIA", on the Site and the Service are the property of KommIA.

9.2Quiet enjoyment

We guarantee the Customer quiet enjoyment of the Service. KommIA represents that it holds all Intellectual Property Rights in the Service (excluding your hardware, content, Data, and rights, as well as those of third parties).

9.3Your ownership rights

All your trademarks, trade names, and logos remain your property. We may only use them in connection with this Agreement.

9.4Data

All rights, title, and interest in and to your Data are your exclusive property. KommIA may use your Data only for the purposes of performing the Service as set out in this Agreement.

10Liability

10.1General

Each Party is responsible for the consequences of its faults, errors, or omissions, as well as those of its personnel, subcontractors, and Authorized Users. Neither Party will be liable for indirect, special, punitive, or incidental damages (including loss of profits, business interruptions, or loss of data). KommIA performs the Service as a best-efforts obligation (obligation de moyen).

10.2Limitations

KommIA will not be liable for damages resulting from (i) use of the Service that does not comply with these Terms, (ii) the Customer's fault, (iii) a failure of transmission networks, or (iv) the inaccuracy of results obtained via the Service, including content generated by the AI Features.

10.3Liability cap

KommIA's maximum aggregate liability under this Agreement will not exceed the amount paid during the last twelve (12) months of your Subscription Plan. However, no provision of this Agreement limits or excludes KommIA's liability in cases of fraud, death or bodily injury, or penalties related to a breach of personal data protection regulations.

10.4Customer Content

You are solely responsible for the Customer Content that you or your Authorized Users publish via the Service, including content generated by the AI Features that you choose to publish. You will hold KommIA harmless against any action or claim arising from Customer Content.

10.5Customer obligations

You (i) are required to comply with this Agreement; (ii) are solely responsible for the lawfulness of the Customer Content; (iii) are responsible for all activities carried out via your Account; (iv) must promptly notify KommIA of any security breach; (v) must use the Service in compliance with Applicable Law; (vi) must comply with the terms of use of the Supported Platforms, in particular:

the Instagram terms of use.

And, when supported:

the Facebook terms;
the TikTok terms;
the YouTube terms;
the LinkedIn terms.

10.6Fair use policy

KommIA may suspend your access to the Service in the event of abusive practices that harm the performance of the Service for you or other customers. The thresholds considered excessive are based on reasonable standards and communicated upon request.

10.7Child protection

KommIA strictly prohibits any use of the Service for purposes related to child abuse or exploitation. Any violation will result in immediate suspension of the Service, termination of the Agreement, and reporting to the competent authorities. Reporting: support@kommia.com.

11Confidential information

11.1 The Receiving Party will keep the Disclosing Party's Confidential Information in the strictest confidence and limit access to its employees, contractors, and third parties to the extent reasonably necessary for the performance of the Agreement.

11.2 The Receiving Party will not use Confidential Information for its own benefit, will not publish it, and will not disclose it to third parties without the Disclosing Party's prior written consent.

11.3 Confidentiality obligations will survive for the entire term of the Agreement and for ten (10) years after its expiration or termination.

11.4 KommIA may disclose Data if required by law, in order to (a) comply with legal process, (b) enforce the Agreement, (c) respond to claims, or (d) protect the rights and safety of KommIA and the public. KommIA will use reasonable efforts to inform you in advance of any disclosure.

11.5 The Receiving Party will return or destroy any Confidential Information upon written request from the Disclosing Party.

12Data retention

12.1 KommIA stores your Data securely during the Subscription Term and for a period of thirty (30) days following termination, to allow you to exercise your right to portability (Clause 7.6).

12.2 Beyond this period, KommIA may delete Data that is no longer needed, subject to legal retention obligations.

13Security

13.1General

KommIA implements appropriate technical and organizational measures to ensure the security of the Service. Details of our security policy are available at: kommia.com/securite.

13.2Risk allocation

You use the Internet and the Service at your own risk. KommIA is not responsible for interruptions to Internet or hosting services beyond its reasonable control.

13.3Links

The Site and the Service may include links to third-party websites. KommIA is not responsible for the content of those sites.

14Miscellaneous

14.1Governing law and dispute resolution

This Agreement is governed by French law. In the event of a dispute, the Parties undertake to seek an amicable solution before any legal action. Failing amicable resolution within thirty (30) days, any dispute will be submitted to the exclusive jurisdiction of the courts of Nanterre, France.

14.2Mediation

In accordance with articles L611-1 and following of the French Consumer Code, in the event of an unresolved dispute, the Customer may use the following mediation service free of charge:

MediatorCNPM Médiation Consommation

Websitewww.cnpm-mediation-consommation.eu

Emailcontact@cnpm-mediation-consommation.eu

The Customer may also use the European online dispute resolution platform: ec.europa.eu/consumers/odr.

14.3Commercial reference

Unless you withdraw your consent by email to support@kommia.com, you consent to KommIA using your trademarks, logos, and trade names to identify you as a customer on the Site and in its marketing materials. You may withdraw your consent at any time.

14.4Waiver

The failure of a Party to exercise a right under this Agreement does not constitute a waiver of that right. Any waiver must be made in writing.

14.5Assignment and delegation

Neither you nor KommIA may assign or delegate the rights or obligations of this Agreement without the other Party's prior written consent. However, KommIA may assign the Agreement in the event of a merger, acquisition, or transfer of all or part of its assets, subject to notifying you in writing within thirty (30) days. You will then have a right of termination within thirty (30) days of notice if the assignment substantially modifies the conditions of the Service.

14.6Relationship between the Parties

No provision of this Agreement creates a partnership, agency, or employment relationship between the Parties.

14.7Severability

If any provision of this Agreement is held to be unenforceable, it will be applied to the extent possible and the remainder of the Agreement will remain in effect.

14.8Entire Agreement

This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements relating to its subject matter.

15Privacy and data protection

15.1Privacy Policy

We process your personal data as part of the performance of this Agreement. You can review our Privacy Policy.

15.2Respective roles

By using the Service, you acknowledge that you may collect personal data of third parties via the Supported Platforms. You act as the data controller of such data and are solely responsible for obtaining the necessary consents and implementing the required controls. KommIA acts as the data processor in connection with the provision of the Service.

15.3Data Processing Addendum (DPA)

The respective obligations of the Parties regarding data protection are set out in detail in the Data Processing Addendum (DPA), accessible at: kommia.com/dpa.html. This DPA forms an integral part of this Agreement.

15.4Hosting and transfers

Data is hosted within the European Union. KommIA does not transfer personal data processed in connection with the Service outside the European Union, except where documented and framed by the mechanisms provided for under the GDPR (Standard Contractual Clauses, adequacy decision).

15.5Subprocessors

The complete and up-to-date list of subprocessors used by KommIA in connection with the Service, including AI vendors, is available in the Privacy Policy. KommIA will inform you of any addition or replacement of a subprocessor at least thirty (30) days before its implementation.

15.6Compliance

You represent and warrant that you will comply with all applicable data protection and privacy laws, including the GDPR.

16Right of withdrawal (applicable to consumers)

This clause applies only in the event that the Customer is acting as a consumer within the meaning of the French Consumer Code, notwithstanding Clause 1 of these Terms.

16.1Withdrawal period

In accordance with articles L221-18 and following of the French Consumer Code, you have a period of fourteen (14) days from the conclusion of the contract to exercise your right of withdrawal, without having to give reasons or pay penalties.

16.2Exercise of the right

To exercise your right of withdrawal, you must notify us of your decision by means of a clear statement (email to support@kommia.com or postal mail to the registered office address) using, if you wish, the withdrawal form below.

16.3Effects of withdrawal

In the event of withdrawal, we will refund all payments received within fourteen (14) days of receipt of your notification. The refund will be made using the same means of payment used for the initial transaction.

16.4Express waiver

If you have expressly requested to begin using the Service before the end of the withdrawal period, you acknowledge that you lose your right of withdrawal upon full performance of the Service. In the event of partial withdrawal, you will be liable for the amount proportional to the Service provided up to the date of withdrawal.

·Contact information

Legal nameKommIA SAS

RCSNanterre, 941 719 742

Share capital€40,000

VATFR94 941 719 742

Contactcontact@kommia.com

Supportsupport@kommia.com

Terms of Use and Sale.