Terms of Service

Definitions

Customer: means any individual or legal entity that has subscribed to the Persyst service for the purposes of its professional activity.

Customer Account: means an account created in accordance with these Terms of Service from information provided by the Customer, deemed reliable.

Provider: means the company TILTED, which developed the Solution and provides the service. TILTED, a French simplified joint-stock company (Société par Actions Simplifiées) with a share capital of €1,000, whose registered office is located at 200 Route de Bellavillet – 73600 Les Belleville, is registered with the Chambéry Trade and Companies Register under number 851 545 749.

Parties: means the Provider and the Customer, including the Customer's Users.

Solution: means the Persyst project, understood as all software developed by the Provider in "SaaS" mode, whose features are described on the Persyst website.

User(s): means any individual authorized by the Customer to use the Solution on its behalf and acting under its responsibility.

1. Purpose – Acceptance – Amendment

1.1. These Terms of Service (hereinafter the "ToS") are intended to define the conditions under which the Customer accesses the Persyst Solution, subscribes to a plan, and uses it.

1.2. Persyst is a Solution offered by TILTED (hereinafter the "Provider") to any individual or legal entity for the purposes of its professional activity.

1.3. These ToS are communicated to, and must be accepted by, the Customer upon creation of the Customer Account. By checking the box provided for this purpose, the Customer acknowledges having read and accepted these ToS without restriction or reservation. Any User designated by the Customer is subject to these ToS.

1.4. The ToS may be amended by the Provider at any time. The Provider will inform the Customer of any changes before they take effect, by email or on the website.

1.5. If the Customer disagrees with one or more amendments, the Customer may terminate these ToS at no cost and as of right, in accordance with Article 6. If the Provider does not receive a termination request within one (1) month of notification of the changes, the new version of the ToS will be deemed accepted by the Customer without reservation.

2. Description of the Solution

Persyst is a SaaS platform for project management and organizational memory, accessible via a web interface, a mobile application (iOS and Android), and an API.

It allows Users to create and manage projects, tasks, documents and notes, interact with conversational agents based on language models (LLMs), and connect third-party tools (code repositories, document storage spaces, databases).

The Solution is intended for any legal entity or individual acting in a professional capacity, in particular teams, agencies and companies wishing to manage projects, centralize their organizational knowledge, and use AI agents in their activity.

The User acknowledges that the Solution may evolve and that the features offered may be adapted accordingly.

Any removal and any substantial change to features offered on the Solution will be notified to the User by email.

This Solution is published by TILTED, a French simplified joint-stock company with a share capital of €1,000, whose registered office is located at 200 Route de Bellavillet – 73600 Les Belleville, registered with the Chambéry Trade and Companies Register under number 851 545 749.

3. Access and account creation

3.1. Access to the Solution

The Solution is accessible via the Persyst website (at the URL: https://app.persyst.ai/) or via a mobile application available on Android and iOS.

The Customer acknowledges:

• that it has the skills and means necessary to access and use the Solution, in particular that it holds an Anthropic subscription, the cost of which is at its own expense;
• that the quality and reliability of transmissions depend on the network infrastructure through which transmissions travel, and are unpredictable, which may lead to network failures or saturation, leaving the Customer unable to access the Solution;
• that it is responsible for the security of its terminal equipment and of the Customer's data, software or any other equipment at its disposal, in particular against any contamination by viruses or attempted intrusion of which it may be a victim;
• that any equipment connected to the website or the Solution is and remains under its sole responsibility, in particular in the event of damage resulting directly or indirectly from its connection to the website or the Solution;
• that it is responsible for its Users' access to and use of the Solution and guarantees its Users' compliance with the ToS.

3.2. Subscription

Persyst is a paid Solution requiring a subscription to access the features offered.

The Customer chooses between several plans when creating its Customer Account. Pricing depends on the number of Users the Customer wishes to register on its Customer Account.

Invoices are payable immediately upon issuance and must be paid via the payment method set up on Persyst when the Customer Account is created (payment by credit card via the Stripe solution). Accordingly, the Customer undertakes to maintain a valid automated payment method for the entire duration of these ToS.

Access to the Solution can only take place after subscribing to the plan, for which the Customer must provide its banking information, so that Persyst can collect the amount due for each period.

In the event of non-payment within the contractual deadlines, any unpaid amount will automatically accrue daily interest until paid in full in principal, interest, fees and incidentals, at a rate equal to three (3) times the applicable statutory interest rate, without any prior formality, and without prejudice to any damages the Provider may be entitled to claim as a result of the breach in question. In addition, the Provider will invoice the Customer the sum of €40 (forty euros) per unpaid invoice as a flat-rate collection indemnity, notwithstanding the Provider's ability to invoice the Customer an additional amount, upon production of supporting evidence, if the actual collection costs exceed this amount.

3.3. Customer Account

Access to and use of the Solution by the Customer require Persyst to create a Customer Account using the Customer's information communicated to Persyst. This information must be complete, accurate and up to date, which the Customer guarantees.

To access and use the Solution, the Customer is asked to fill out a form with information to identify it, namely its last name, first name, legal information (if a legal entity) and email. The Customer also provides a login and the password of its choice to secure access to its account. The Customer is offered restricted and secure access to its account via its login and password. The Customer is responsible for the password it chooses upon registration and undertakes to be its sole holder. The Provider cannot under any circumstances be held liable for the consequences of fraudulent use of the password by a third party.

In the event of a change to any of the information provided, the Customer undertakes to update its information to keep it accurate. The Customer remains solely responsible for any use that may be made of its Customer Account, except in the event of a data breach resulting from a failure by Persyst.

The email address linked to the Customer Account must remain valid for as long as the Customer Account exists, so that the Customer can use the Solution. A confirmation message for the creation of the Customer Account will automatically be sent by email to the address provided. Creation of the Customer Account will be validated by the Customer's activation of the link contained in that confirmation message and by acceptance of these ToS.

Once the Customer Account has been created, the Customer's User Accounts may be created so that Users can access the Solution. The Customer is solely responsible for defining, managing and monitoring its Users' access rights to the Solution, and for any act or omission of its Users.

3.4. User Account

Access to and use of the Solution by the User require the User to have a User Account, the creation of which is initiated by the Customer.

Each User Account is specific to the email address provided and cannot be shared with other Users. User Account information must be complete, accurate and up to date, which the User guarantees. The User's email address must remain valid for as long as the User Account exists so that the User can access the Solution. The Customer remains responsible for any use that may be made of its Users' User Accounts, and accordingly undertakes to ensure that their password remains strictly confidential.

The Customer may grant certain Users administration and management rights over the Customer Account by assigning the role of "owner", "administrator" or "user". The Customer is solely responsible for assigning administration and management rights to its Users and for the actions carried out by its Users.

Any operation on the Solution carried out by a User who has logged in with its credentials evidences the Customer's consent to all operations carried out therein, Users being deemed to act in the name and on behalf of the Customer.

The Customer expressly accepts that Persyst's automatic logging systems shall be deemed to constitute proof of:

• a User's connection and the dates and times of that connection;
• the nature, substance, date and time of the Customer's data recorded, read, modified and deleted on the Solution;
• and more broadly, any information exchanged by means of the Solution.

3.5. Right to use the Solution

In consideration for payment of the subscription price, Persyst grants the Customer a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable and personal right to remotely access and use the Solution online.

The Right of Use is granted to the Customer from the date of subscription to a plan for the Solution and until the expiration or termination of these ToS.

The Customer is authorized to use the Solution solely within the scope of the Right of Use and within the limits of the subscribed plan.

The Provider reserves the right to suspend the Customer's and/or any User's Right of Use:

• in the event of a breach of Customer Data or a security flaw, in order to protect the Customer's data until the breach has ceased,
• for any breach of the ToS by the Customer and/or the User concerned, including in the event of non-payment,
• for any inappropriate act or omission by the Customer or Users (including insults or threats against Persyst's staff),
• in the event of suspected fraud or malicious activity carried out via the Solution.

Where possible and except in an emergency situation, the Provider will grant the Customer a period of five (5) business days from notification by Persyst of the breach in question to remedy it, before suspending the Right of Use of the Solution.

The Parties will cooperate to resolve the problem within a reasonable time, and the Provider will restore the Customer's access to the Solution as soon as possible or will close the User Account if the problem cannot be resolved. During the suspension period, the price remains due by the Customer. In the event of suspension, the Provider is released from its obligation to provide the Solution and cannot be held liable for any consequences of the suspension.

4. Obligations of the Customer and the User

In using the Solution, the Customer undertakes, for itself and on behalf of its Users, to:

• pay the subscription price in accordance with the conditions set out in Article 3.2,
• provide complete information and update it in the event of any change,
• not use the Solution for fraudulent purposes or purposes not provided for in these ToS,
• not impersonate another person or attempt to log into an administrator account other than its own,
• not carry out analyses of the system amounting to reverse engineering,
• not infringe the Provider's intellectual property rights in the Solution,
• not introduce, by any means whatsoever, data and/or files likely to alter or harm the content or presentation of the Solution, in particular viruses, trojans, spyware, malicious software, etc.,
• not carry out load testing on the Solution (high volume of requests),
• comply with the requirements, instructions and general rules communicated to it by the Provider for the proper use of the Solution,
• and generally, use the Solution reasonably in accordance with these ToS and applicable regulations.

5. Obligations of the Provider

Within the scope of the Right of Use granted to the Customer, the Provider undertakes to:

• size its hosting infrastructure, hardware and systems so as to deliver the Solution under the best conditions of security and accessibility,
• correct any anomaly that may impair use of the Solution with the diligence of an industry professional,
• implement all measures necessary, in line with the state of the art, to ensure the security of Customer data hosted and stored in its IT systems.

6. Term – Termination

6.1. Term of the ToS

These ToS take effect on the date of their acceptance by the Customer when creating its Customer Account.

The ToS are entered into for a term of one (1) month, tacitly renewed for successive one (1) month periods, unless terminated by the Customer or the Provider under the conditions set out in Articles 6.2 and 6.3.

6.2. Termination by the Customer

These ToS may be terminated at any time and as of right by the Customer.

The termination request must be made from within the Solution. Any month begun is due in full.

6.3. Termination by the Provider

The ToS may be terminated at any time and as of right by the Provider, subject to two (2) months' notice. The Provider will inform the Customer by email.

6.4. Termination for breach of an obligation under the ToS

The Customer or the Provider may terminate these ToS as of right in the event of failure to perform, or non-compliance with, any of its obligations under the ToS by either party, not remedied within fifteen (15) calendar days of notification. Termination will take effect at the end of that period.

7. Intellectual property

All intellectual property rights relating to the Solution and all of its components (source code, object code, graphical interface, documentation, trademarks, logos, etc.) are the full property of the Provider and/or its officers.

The Customer and Users undertake not to infringe these rights. They undertake not to make the documentation associated with the Solution available to unauthorized third parties, directly or indirectly, in any capacity, in any form and for any reason whatsoever.

Subject to acceptance of these ToS, the Provider grants the Customer, for its own needs, a personal, non-assignable and non-exclusive right to use the Solution for the entire duration of its subscription.

The Customer and Users are in particular prohibited from:

• making copies of the Solution or any element of Persyst whatsoever,
• distributing copies of the Solution or its content to third parties,
• using the Solution's specifications to create or enable the creation of a program with the same purpose,
• modifying, altering, revising or decompiling the Solution for any purpose whatsoever,
• using their passwords and/or login credentials for purposes other than their strict authentication purpose,
• assigning, renting, subletting or transferring their Right of Use to a third party without the Provider's prior written consent,
• failing to comply with Persyst's features.

This Right of Use excludes the grant of any other right and does not under any circumstances confer the right to carry out any act not expressly authorized, in particular rights of translation, adaptation, arrangement or any other modification of the Solution and/or its components, including within the scope of its contractual purpose.

The Provider is authorized to audit, at any time and without notice, the Customer's and Users' use of the Solution, in order to verify compliance with the Right of Use granted to it.

8. Personal data

When the Customer Account is created and whenever the Customer's or Users' personal information on the Solution is updated, the Provider collects personal data within the meaning of the French Data Protection Act of January 6, 1978 as amended by Law No. 2018-493 of June 20, 2018 relating to the protection of personal data, implementing the European General Data Protection Regulation.

The Provider may thus collect the first name, last name, role and email address of the Customer and Users, for the purposes of identifying them and providing them with the Solution. The Provider may also collect personal data communicated by the Customer and Users in connection with the use of the Solution. This processing of personal data is based on the performance of these ToS.

As a matter of principle, the Provider will not use the Customer's or Users' personal data for any purpose other than the performance of the ToS. By way of exception, if the Provider wishes to use the collected personal data for other purposes than the performance of the ToS, it will seek the Customer's express consent, which may be withdrawn at any time.

Data collected on the Solution is strictly confidential and is intended only for the Provider's relevant departments. Accordingly, it is not transmitted to any third party, other than the Provider's processors involved in performing the ToS, such as the data hosting provider.

In accordance with applicable regulations, the Customer and Users have, with respect to the Provider:

• the right to request access to their personal data,
• the right to request its rectification,
• the right to request its erasure,
• the right to request a restriction of the processing carried out,
• the right to object to the processing,
• the right to withdraw their consent where the processing is based on consent,
• the right to data portability,
• the right to lodge a complaint with a supervisory authority,
• the right to set directives regarding the fate of their personal data after their death.

To exercise these rights, the Customer and Users may, as they choose, send an email to the Provider at rgpd@persyst.ai or a letter to the following address: 200 Route de Bellavillet, 73600 Les Belleville.

9. Warranties – Liability

9.1. Best-efforts obligation

The Provider has a best-efforts obligation under these ToS, including in terms of performance, quality and continuity of service, security, scalability and compliance with the state of the art and market standards.

9.2. Limitation of liability

The Provider cannot be held liable for poor performance of the Solution caused by information that was inaccurately provided or not updated by the Customer or User.

The Provider cannot be held liable for service interruptions or damage related to intrusion or fraudulent access to the system by a third party, or unlawful extraction of data, despite the implementation of security measures consistent with the current state of the art, the Provider bearing only a best-efforts obligation with regard to known security techniques.

9.3. Insurance

The Provider undertakes to maintain professional liability insurance covering damages that may arise in connection with the performance of these ToS.

10. Maintenance – Updates

In the event of scheduled maintenance requiring a prolonged interruption of Persyst, operation of the Solution may be suspended subject to 72 (seventy-two) hours' notice.

In addition, any event of force majeure, as generally recognized by the courts, may result in suspension of the Solution without notice for maintenance purposes.

11. Governing law – Jurisdiction

These ToS, and more generally the relationship between the Provider and the Customer, are governed by French law.

Any dispute arising from the matters referred to herein will be submitted to the competent courts of general jurisdiction.

The Parties will endeavor to resolve any disagreement between them amicably.

12. Miscellaneous

12.1. Force majeure

In accordance with Article 1218 of the French Civil Code, each Party will be released from all liability if the failure to perform its obligations results from a force majeure event within the meaning of the law and case law.

The Party invoking such circumstances will notify the other Party of their existence as soon as possible, make its best efforts to limit the consequences, and resume performance of the ToS immediately after those circumstances have ceased.

If such circumstances continue for more than one (1) month, the ToS may be terminated without compensation on either side, by either Party, by simple written notice to the other Party sent by registered letter with acknowledgment of receipt, which will take effect upon receipt.

12.2. Domicile

For the purposes of performing these ToS, the Parties elect domicile at their respective registered offices.

12.3. Severability

If any provision of these ToS is declared void or unenforceable pursuant to a final court decision or the application of a law or regulation, the remaining provisions of the ToS will remain in effect. In such a case, the Parties undertake to negotiate in good faith a valid and enforceable replacement provision whose economic effect will be as close as possible to that of the provision declared void.

12.4. Precedence of the ToS

The ToS prevail over any other document (commercial proposals, letters, emails, etc.) previously sent or exchanged between the Parties, as well as over any prior oral agreements between the Parties. They replace any prior agreement between the same Parties having the same purpose. Any purchase terms of the Customer, regardless of when they were communicated or notified, are expressly excluded.

12.5. Evidence

In the event of a dispute, the Parties agree to treat email and exchanges via the Solution as original written evidence with full evidentiary value, and waive the right to challenge this means of evidence, except to dispute its authenticity.