Terms & Conditions
Terms &
Conditions
General Terms
Annex 1 - Licence to use the solution
Annex 2 - Data protection agreement
General Terms
1. Definitions
“Account”: refers to a User’s individualized and dedicated digital environment which allows access to the Solution.
“Administrator” ": refers to any natural person expressly authorized by the Client to manage the Solution and access to Users Account.
“Agreement”: refers to the contractual agreement between the Parties, consisting of the Special Terms, the General Terms, the Annexes and any amendment thereto.
“Annexes”: refers to Annexes 1 and 2.
“Client”: refers to the legal entity which concludes the Agreement with Presti.
“General Terms”: refers to the present terms.
“Input”: refers to data, including information, text, images, video, personal data, and content in any format provided by the Client when using the Solution.
“Presti”: refers to Teker AI SAS, a company incorporated and registered under the laws of France, having its registered office at 7 rue Ernest Renan, 75015, Paris (France) and with registration number 917 494 114 R.C.S Paris.
“Intellectual Property Rights”: refers to any right, registered or not, including patents and patent applications, trademarks and trademark applications, designs, copyright including copyright applicable to software, related rights including producers’ rights and performers’ rights, sui generis rights, including database producer’s rights, and any other related rights including rights applicable to domain names, company name, names and trading names, rights related to know-how and business information, trade secret or any equivalent protection that exists in the world.
“Offer”: refers to the commercial offer subscribed by the Client in the Solution.
“Output” refers to any image or visual content generated by the Solution in response to the Input provided by the Client.
“Party”: refers to, in the singular, individually, Presti or the Client, and in the plural, collectively, Presti and the Client.
“Personal Data Regulation”: refers to the regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as the French Law n° 78-17 of 6 January 1978 (Loi relative à l’informatique, aux fichiers et aux libertés) in its latest version in force.
“Solution”: refers to the online service accessible at https://app.presti.ai/ and all of its subdomains.
“Special Terms”: refers to any specific terms agreed upon between Presti and the Client to define the terms of their collaboration (whether in the form of a document entitled "Special Terms", choices made in the Account or written exchanges between the Parties).
“User”: refers to any person having access to an Account.
2. Purpose and scope of the general terms
Presti is a technological service that enables the Client to create visuals for selling furniture using generative artificial intelligence. The purpose of the General Terms is to govern the conditions under which the Clients and Users may use the Solution.
3. Contractural document and hierarchy
The Agreement consists of the Special Terms, the General Terms and the Annexes. Should there be any contradiction between these documents, they will prevail on one another according to the following hierarchy: (1) the Special Terms, (2) the Annexes and (3) the General Terms. If the Parties wish to include other documents within the scope of the Agreement, they must agree in writing and specify their articulation with the existing documents.
4. Undertakings of the client
4.1 Fair and lawful use
The Client undertakes to:
Prevent any access to the Solution or the Account by unauthorized third parties;
Prevent any behavior or action likely to harm, unbalance or disrupt the Solution;
Not to cause bugs or malfunctions of the Solution, in particular by downloading content containing viruses or any program that could lead to the destruction of data or the introduction of bugs of any kind;
Not to upload, integrate or enter any illicit content in the Solution, in particular content that violates an intellectual property right, and ensure it has all necessary legal or contractual authorizations to use the Input within the Solution;
Not to harm, directly or indirectly, Presti’s reputation or image;
Not to take advantage of the Agreement and the technologies made available to the Client to compete, directly or indirectly, with Presti;
Comply with the General Terms, comply with the laws and regulations in force in the country in which the Client is established and undertakes not to infringe public order, good morals or the rights of third parties, or violate any legislative or regulatory provision.
More generally, the Client undertakes to make fair and non-excessive use of the Solution and to use the Solution in accordance with its purpose and object.
4.2 Compliance with the Agreement
The Client expressly declares and confirms that it has the legal capacity and the necessary powers to conclude the Agreement in its own name.
The Client undertakes to comply with every provision of the Agreement and ensure that its Administrators and Users will agree with the Agreement and guarantees Presti (obligation of result) that the Administrators and Users will comply with every provision of the Agreement and with any other documents governing the use of the Solution and in particular the respect and the good execution of the license to use the Solution (Annex 1).
The Client understands and accepts that it is solely responsible for the use made of the Accounts and the Solution, the Users or any third party. As such, the Client accepts and undertakes to bear all the consequences that may arise from their use.
5. Undertakings and guarantees of Presti
5.1 Provision of the Solution
Presti undertakes to provide the Client with the Solution according to the specifications of the Special Terms and according to the chosen Offer.
Presti undertakes to make the Solution available to the Client twenty-four hours a day (24 hours a day), seven days a week (7 days a week), except in case of force majeure, unforeseeable and unavoidable behavior of a third-party, and except for possible breakdowns and/or maintenance operations necessary to ensure the proper functioning of the Solution.
The Client acknowledges and agrees that due to Internet network specificities, the technologies used and telecom networks, Presti cannot guarantee a permanent availability of the Solution. In the event of any malfunction or defect, Presti will make reasonable efforts to restore the situation as soon as possible and, if necessary, suspend the Solution and/or remove any manifestly illegal content that Presti is aware of and/or make updates. In this case, Presti shall notify the Client of such actions.
5.2 Support and maintenance
Presti shall maintain the Solution. In the event of a malfunction and/or maintenance of the Solution for more than 8 hours, Presti shall notify the Users to the email address specified in the Account at least twenty-four (24) hours in advance or as soon as possible when there is a malfunction or an unforeseen event. Users are also notified of the availability of updates and the consequences of not implementing them.
Support requests regarding the Solution shall be sent to support@presti.ai. Presti undertakes to answer the Client in accordance with the chosen Offer and use its best efforts (obligation of means) to solve any incident that might affect the Client
6. Financial terms
The Client is entitled to a free trial version of the Solution, which includes 5 prompts with limited features. Additional features are available through paid subscription plans, depending on the Offer selected by the Client. The details of each Offer can be found at the following address: https://app.presti.ai/pricing.
The Client undertakes to pay the amount due in accordance with the terms of the Offer selected.
In the event of non-payment of an invoice on its due date, any sum due to Presti will bear interest at a rate equal to three (3) times the legal interest rate. These penalties shall be increased by a fixed recovery fee of forty (40) euros per unpaid debt.
7. Guarantees
7.1 Guarantees of the Client
The Client guarantees that it holds all rights and permissions to use the Solution and, in particular, the rights to use the Input within the Solution.
In this respect, the Client indemnifies Presti against any action, claim, demand or opposition from a third party which is based, directly or indirectly, on the violation of any applicable rule in relation to the use of the Solution by the Client or the Users, in particular (i) a personal right, (ii) a right related to personal data, (iii) an intellectual property right or (iv) a right of a contractual nature concerning them.
The Client undertakes to bear the financial burden of dealing with any claim made by a third party as well as to bear the financial burden of any damages or compensation of any kind that should be paid to it, by any court decision or settlement, by guaranteeing Presti against any payment in this respect and by holding it harmless from any sanction or conviction.
7.2 Guarantees of Presti
The Client expressly declares and confirms that it has the legal capacity and the necessary powers to conclude the Agreement in its own name.
The Client undertakes to comply with every provision of the Agreement and ensure that its Administrators and Users will agree with the Agreement and guarantees Presti (obligation of result) that the Administrators and Users will comply with every provision of the Agreement and with any other documents governing the use of the Solution and in particular the respect and the good execution of the license to use the Solution (Annex 1).
The Client understands and accepts that it is solely responsible for the use made of the Accounts and the Solution, the Users or any third party. As such, the Client accepts and undertakes to bear all the consequences that may arise from their use.
8. Liability of the Client
The Client is exclusively responsible for the damages, direct or indirect, caused by its use, or that of the Users, of the Solution, the Input and the Output, including the non-compliance with the rules on personal data or with the rules on intellectual property, or the violation of contractual rights of any nature. The Client acknowledges that the Solution is based on artificial intelligence and (i) Presti does not control the Output generated by the Solution and (ii) due to the nature of Presti’s services and artificial intelligence generally, the Ouput may not be unique and other users may receive similar Output. The Client acknowledges and agrees that Presti shall have no liability whatsoever as to the content, processing and use of the Output which are under the Client’s sole liability.
The Client understands and accepts that it is the only one responsible for any damage, direct or indirect, caused by the Users, without the possibility for it to invoke their responsibility in case of damage suffered by Presti or a third party.
9. Intelectual Property
9.1 Rights on the solution
The Solution and all its components including but not limited to, software, structures, infrastructure, databases and content of any kind (texts, images, visuals, logos, trademarks…) used by Presti are protected by Intellectual Property Rights. A license on the Solution is granted by Presti to the Client. The terms and conditions of this license are detailed in Appendix 1.
9.2 Rights associated with the Input
The Client is and remains the owner of the Input and guarantees that it holds all the rights and authorizations to communicate it through the Solution, and that the Input does not infringe third party’s Intellectual Property Rights.
For the purpose of the Solution’s operation, the Client grants Presti a licence for the sole purpose of operating, enabling and improving the Solution. This right is granted for the duration of the Agreement, for the whole world and includes:
The right to reproduce, or have the Input reproduced as is, by any means and on any support, known or unknown on the date of assignment of the rights, including but not limited to digital supports (e.g. smartphones, digital tablets, computers…) and to modify (including but not limited to scaling, cropping and adapting) the Input to fit these means;
The right to represent, or have the Input represented by any means, known and unknown on the date of assignment of the rights, including by cable, satellite, digital, or other means, including via the internet, and to modify and/or adapt the Input to fit these means.
9.3 Rights associated with the Output
Presti assigns all Intellectual Property Rights it may have on the Output to the Client. The Client acknowledges and agrees that the use and exploitation of the Output are entirely under its responsibility and the Client assumes full liability for the content of the Output it chooses to exploit.
The Client acknowledges and agrees that the Output generated within the Solution may be used by Presti to improve the Solution.
10. Duration, suspension and termination
10.1 Duration
From the date of their acceptance, the General Terms are applicable for an indefinite period.
10.2 Suspension
Presti may partially or completely suspend the access to the Solution and the execution of the Agreement in the following cases:
The Client, an Administrator or a User does not comply with one or several obligations provided for under the Agreement or in case of serious suspicion of breach of the Agreement;
The Client has used the Solution in a manner placing an excessive load on Presti’s technological infrastructure;
In case of a payment incident regarding the sums due by the Client to Presti;
In the event of a security breach.
Access may be restored when the cause of suspension has ceased.
10.3 Termination
In the event of a serious breach by a Party of one of its contractual obligations, the other Party may terminate the Agreement by sending an email detailing the alleged breach. The termination is effective from the date of receipt of the letter by the receiving Party.
Without being exhaustive, the Parties agree that the following are serious breaches of the Agreement:
For the Client: failure to pay the agreed sums, irregularities or frauds in the use of the Solution, integration of illicit content in the Input.
For Presti: failure to provide access to the Solution for a significant period.
Each Party shall remain bound to perform all of its obligations under the Agreement during the period between the notification of the termination and the effective termination of the Agreement. The termination of the Agreement entails the termination of the licences provided for in Annex 1, as well as the end of access to the Solution.
11. Personal Data
The Parties undertake to comply with the Personal Data Regulations and to be able to justify their compliance.
The Parties agree that the Client is, within the meaning of the Personal Data Regulation, data controller of the personal data contained in the Input and/or communicated to Presti within the Solution and that Presti acts as a data processor. In such case, the personal data shall be processed in accordance with Annex 2.
12. Modification Agreement
Presti reserves the right to make the Solution and the General Terms evolve in particular for regulatory or technological reasons at its sole discretion in order to create new functionalities or improve existing features.
Presti shall notify the Client in writing about the modifications of the General Terms and the Solution. Unless there is a legal or regulatory obligation or unforeseen or imminent danger, the proposed changes are not applicable before the expiration of a 60 days period. Within 60 days from the notification, the Client may terminate the General Terms by written notice upon a reasonable notice period. In the absence of termination, the Client acknowledges to be bound by the change.
13. Micellaneous
13.1 Severability
If any provision of this Agreement is held invalid or void by a modification of legislation, regulation or by a court decision, the remainder of this Agreement will not be affected thereby as well as the duty to comply with the Agreement.
13.2 Assignment and change of control
The Client may not assign or transfer all or any part of the Agreement to a third party without the prior written consent of Presti.
In the event of (i) a merger by formation of a new company, contribution, partial contribution of assets, merger by acquisition, asset spin-off, or any other operation entailing a universal transfer of Presti’s assets or (ii) any operation entailing a direct or indirect change of control affecting Presti, the contractual relations will persist without it being necessary to inform or obtain the consent of the Client, unless the operation is likely to lead to a reduction of the Client’s rights.
13.3 Non-renunciation
The failure of either Party to demand strict performance of any of the terms of the Agreement, permanently or temporarily, may not be understood as a renunciation of the right to assert any of such terms.
13. Governing Law and Jurisdiction
The Agreement is governed by and interpreted according to French law.
Any conflict or dispute related to the validity, the interpretation, performance, and/or termination of the Agreement must be submitted to the exclusive jurisdiction of the Paris Commercial Court.
General Terms
Annex 1- Licence
Annex 2- Data protection
General Terms
1. Definitions
“Account”: refers to a User’s individualized and dedicated digital environment which allows access to the Solution.
“Administrator” ": refers to any natural person expressly authorized by the Client to manage the Solution and access to Users Account.
“Agreement”: refers to the contractual agreement between the Parties, consisting of the Special Terms, the General Terms, the Annexes and any amendment thereto.
“Annexes”: refers to Annexes 1 and 2.
“Client”: refers to the legal entity which concludes the Agreement with Presti.
“General Terms”: refers to the present terms.
“Input”: refers to data, including information, text, images, video, personal data, and content in any format provided by the Client when using the Solution.
“Presti”: refers to Teker AI SAS, a company incorporated and registered under the laws of France, having its registered office at 7 rue Ernest Renan, 75015, Paris (France) and with registration number 917 494 114 R.C.S Paris.
“Intellectual Property Rights”: refers to any right, registered or not, including patents and patent applications, trademarks and trademark applications, designs, copyright including copyright applicable to software, related rights including producers’ rights and performers’ rights, sui generis rights, including database producer’s rights, and any other related rights including rights applicable to domain names, company name, names and trading names, rights related to know-how and business information, trade secret or any equivalent protection that exists in the world.
“Offer”: refers to the commercial offer subscribed by the Client in the Solution.
“Output” refers to any image or visual content generated by the Solution in response to the Input provided by the Client.
“Party”: refers to, in the singular, individually, Presti or the Client, and in the plural, collectively, Presti and the Client.
“Personal Data Regulation”: refers to the regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as the French Law n° 78-17 of 6 January 1978 (Loi relative à l’informatique, aux fichiers et aux libertés) in its latest version in force.
“Solution”: refers to the online service accessible at https://app.presti.ai/ and all of its subdomains.
“Special Terms”: refers to any specific terms agreed upon between Presti and the Client to define the terms of their collaboration (whether in the form of a document entitled "Special Terms", choices made in the Account or written exchanges between the Parties).
“User”: refers to any person having access to an Account.
2. Purpose and scope of the general terms
Presti is a technological service that enables the Client to create visuals for selling furniture using generative artificial intelligence. The purpose of the General Terms is to govern the conditions under which the Clients and Users may use the Solution.
3. Contractural document and hierarchy
The Agreement consists of the Special Terms, the General Terms and the Annexes. Should there be any contradiction between these documents, they will prevail on one another according to the following hierarchy: (1) the Special Terms, (2) the Annexes and (3) the General Terms. If the Parties wish to include other documents within the scope of the Agreement, they must agree in writing and specify their articulation with the existing documents.
4. Undertakings of the client
4.1 Fair and lawful use
The Client undertakes to:
Prevent any access to the Solution or the Account by unauthorized third parties;
Prevent any behavior or action likely to harm, unbalance or disrupt the Solution;
Not to cause bugs or malfunctions of the Solution, in particular by downloading content containing viruses or any program that could lead to the destruction of data or the introduction of bugs of any kind;
Not to upload, integrate or enter any illicit content in the Solution, in particular content that violates an intellectual property right, and ensure it has all necessary legal or contractual authorizations to use the Input within the Solution;
Not to harm, directly or indirectly, Presti’s reputation or image;
Not to take advantage of the Agreement and the technologies made available to the Client to compete, directly or indirectly, with Presti;
Comply with the General Terms, comply with the laws and regulations in force in the country in which the Client is established and undertakes not to infringe public order, good morals or the rights of third parties, or violate any legislative or regulatory provision.
More generally, the Client undertakes to make fair and non-excessive use of the Solution and to use the Solution in accordance with its purpose and object.
4.2 Compliance with the Agreement
The Client expressly declares and confirms that it has the legal capacity and the necessary powers to conclude the Agreement in its own name.
The Client undertakes to comply with every provision of the Agreement and ensure that its Administrators and Users will agree with the Agreement and guarantees Presti (obligation of result) that the Administrators and Users will comply with every provision of the Agreement and with any other documents governing the use of the Solution and in particular the respect and the good execution of the license to use the Solution (Annex 1).
The Client understands and accepts that it is solely responsible for the use made of the Accounts and the Solution, the Users or any third party. As such, the Client accepts and undertakes to bear all the consequences that may arise from their use.
5. Undertakings and guarantees of Presti
5.1 Provision of the Solution
Presti undertakes to provide the Client with the Solution according to the specifications of the Special Terms and according to the chosen Offer.
Presti undertakes to make the Solution available to the Client twenty-four hours a day (24 hours a day), seven days a week (7 days a week), except in case of force majeure, unforeseeable and unavoidable behavior of a third-party, and except for possible breakdowns and/or maintenance operations necessary to ensure the proper functioning of the Solution.
The Client acknowledges and agrees that due to Internet network specificities, the technologies used and telecom networks, Presti cannot guarantee a permanent availability of the Solution. In the event of any malfunction or defect, Presti will make reasonable efforts to restore the situation as soon as possible and, if necessary, suspend the Solution and/or remove any manifestly illegal content that Presti is aware of and/or make updates. In this case, Presti shall notify the Client of such actions.
5.2 Support and maintenance
Presti shall maintain the Solution. In the event of a malfunction and/or maintenance of the Solution for more than 8 hours, Presti shall notify the Users to the email address specified in the Account at least twenty-four (24) hours in advance or as soon as possible when there is a malfunction or an unforeseen event. Users are also notified of the availability of updates and the consequences of not implementing them.
Support requests regarding the Solution shall be sent to support@presti.ai. Presti undertakes to answer the Client in accordance with the chosen Offer and use its best efforts (obligation of means) to solve any incident that might affect the Client
6. Financial terms
The Client is entitled to a free trial version of the Solution, which includes 5 prompts with limited features. Additional features are available through paid subscription plans, depending on the Offer selected by the Client. The details of each Offer can be found at the following address: https://app.presti.ai/pricing.
The Client undertakes to pay the amount due in accordance with the terms of the Offer selected.
In the event of non-payment of an invoice on its due date, any sum due to Presti will bear interest at a rate equal to three (3) times the legal interest rate. These penalties shall be increased by a fixed recovery fee of forty (40) euros per unpaid debt.
7. Guarantees
7.1 Guarantees of the Client
The Client guarantees that it holds all rights and permissions to use the Solution and, in particular, the rights to use the Input within the Solution.
In this respect, the Client indemnifies Presti against any action, claim, demand or opposition from a third party which is based, directly or indirectly, on the violation of any applicable rule in relation to the use of the Solution by the Client or the Users, in particular (i) a personal right, (ii) a right related to personal data, (iii) an intellectual property right or (iv) a right of a contractual nature concerning them.
The Client undertakes to bear the financial burden of dealing with any claim made by a third party as well as to bear the financial burden of any damages or compensation of any kind that should be paid to it, by any court decision or settlement, by guaranteeing Presti against any payment in this respect and by holding it harmless from any sanction or conviction.
7.2 Guarantees of Presti
The Client expressly declares and confirms that it has the legal capacity and the necessary powers to conclude the Agreement in its own name.
The Client undertakes to comply with every provision of the Agreement and ensure that its Administrators and Users will agree with the Agreement and guarantees Presti (obligation of result) that the Administrators and Users will comply with every provision of the Agreement and with any other documents governing the use of the Solution and in particular the respect and the good execution of the license to use the Solution (Annex 1).
The Client understands and accepts that it is solely responsible for the use made of the Accounts and the Solution, the Users or any third party. As such, the Client accepts and undertakes to bear all the consequences that may arise from their use.
8. Liability of the Client
The Client is exclusively responsible for the damages, direct or indirect, caused by its use, or that of the Users, of the Solution, the Input and the Output, including the non-compliance with the rules on personal data or with the rules on intellectual property, or the violation of contractual rights of any nature. The Client acknowledges that the Solution is based on artificial intelligence and (i) Presti does not control the Output generated by the Solution and (ii) due to the nature of Presti’s services and artificial intelligence generally, the Ouput may not be unique and other users may receive similar Output. The Client acknowledges and agrees that Presti shall have no liability whatsoever as to the content, processing and use of the Output which are under the Client’s sole liability.
The Client understands and accepts that it is the only one responsible for any damage, direct or indirect, caused by the Users, without the possibility for it to invoke their responsibility in case of damage suffered by Presti or a third party.
9. Intelectual Property
9.1 Rights on the solution
The Solution and all its components including but not limited to, software, structures, infrastructure, databases and content of any kind (texts, images, visuals, logos, trademarks…) used by Presti are protected by Intellectual Property Rights. A license on the Solution is granted by Presti to the Client. The terms and conditions of this license are detailed in Appendix 1.
9.2 Rights associated with the Input
The Client is and remains the owner of the Input and guarantees that it holds all the rights and authorizations to communicate it through the Solution, and that the Input does not infringe third party’s Intellectual Property Rights.
For the purpose of the Solution’s operation, the Client grants Presti a licence for the sole purpose of operating, enabling and improving the Solution. This right is granted for the duration of the Agreement, for the whole world and includes:
The right to reproduce, or have the Input reproduced as is, by any means and on any support, known or unknown on the date of assignment of the rights, including but not limited to digital supports (e.g. smartphones, digital tablets, computers…) and to modify (including but not limited to scaling, cropping and adapting) the Input to fit these means;
The right to represent, or have the Input represented by any means, known and unknown on the date of assignment of the rights, including by cable, satellite, digital, or other means, including via the internet, and to modify and/or adapt the Input to fit these means.
9.3 Rights associated with the Output
Presti assigns all Intellectual Property Rights it may have on the Output to the Client. The Client acknowledges and agrees that the use and exploitation of the Output are entirely under its responsibility and the Client assumes full liability for the content of the Output it chooses to exploit.
The Client acknowledges and agrees that the Output generated within the Solution may be used by Presti to improve the Solution.
10. Duration, suspension and termination
10.1 Duration
From the date of their acceptance, the General Terms are applicable for an indefinite period.
10.2 Suspension
Presti may partially or completely suspend the access to the Solution and the execution of the Agreement in the following cases:
The Client, an Administrator or a User does not comply with one or several obligations provided for under the Agreement or in case of serious suspicion of breach of the Agreement;
The Client has used the Solution in a manner placing an excessive load on Presti’s technological infrastructure;
In case of a payment incident regarding the sums due by the Client to Presti;
In the event of a security breach.
Access may be restored when the cause of suspension has ceased.
10.3 Termination
In the event of a serious breach by a Party of one of its contractual obligations, the other Party may terminate the Agreement by sending an email detailing the alleged breach. The termination is effective from the date of receipt of the letter by the receiving Party.
Without being exhaustive, the Parties agree that the following are serious breaches of the Agreement:
For the Client: failure to pay the agreed sums, irregularities or frauds in the use of the Solution, integration of illicit content in the Input.
For Presti: failure to provide access to the Solution for a significant period.
Each Party shall remain bound to perform all of its obligations under the Agreement during the period between the notification of the termination and the effective termination of the Agreement. The termination of the Agreement entails the termination of the licences provided for in Annex 1, as well as the end of access to the Solution.
11. Personal Data
The Parties undertake to comply with the Personal Data Regulations and to be able to justify their compliance.
The Parties agree that the Client is, within the meaning of the Personal Data Regulation, data controller of the personal data contained in the Input and/or communicated to Presti within the Solution and that Presti acts as a data processor. In such case, the personal data shall be processed in accordance with Annex 2.
12. Modification Agreement
Presti reserves the right to make the Solution and the General Terms evolve in particular for regulatory or technological reasons at its sole discretion in order to create new functionalities or improve existing features.
Presti shall notify the Client in writing about the modifications of the General Terms and the Solution. Unless there is a legal or regulatory obligation or unforeseen or imminent danger, the proposed changes are not applicable before the expiration of a 60 days period. Within 60 days from the notification, the Client may terminate the General Terms by written notice upon a reasonable notice period. In the absence of termination, the Client acknowledges to be bound by the change.
13. Micellaneous
13.1 Severability
If any provision of this Agreement is held invalid or void by a modification of legislation, regulation or by a court decision, the remainder of this Agreement will not be affected thereby as well as the duty to comply with the Agreement.
13.2 Assignment and change of control
The Client may not assign or transfer all or any part of the Agreement to a third party without the prior written consent of Presti.
In the event of (i) a merger by formation of a new company, contribution, partial contribution of assets, merger by acquisition, asset spin-off, or any other operation entailing a universal transfer of Presti’s assets or (ii) any operation entailing a direct or indirect change of control affecting Presti, the contractual relations will persist without it being necessary to inform or obtain the consent of the Client, unless the operation is likely to lead to a reduction of the Client’s rights.
13.3 Non-renunciation
The failure of either Party to demand strict performance of any of the terms of the Agreement, permanently or temporarily, may not be understood as a renunciation of the right to assert any of such terms.
13. Governing Law and Jurisdiction
The Agreement is governed by and interpreted according to French law.
Any conflict or dispute related to the validity, the interpretation, performance, and/or termination of the Agreement must be submitted to the exclusive jurisdiction of the Paris Commercial Court.
Gral Terms
Licence
Data protection
General Terms
1. Definitions
“Account”: refers to a User’s individualized and dedicated digital environment which allows access to the Solution.
“Administrator” ": refers to any natural person expressly authorized by the Client to manage the Solution and access to Users Account.
“Agreement”: refers to the contractual agreement between the Parties, consisting of the Special Terms, the General Terms, the Annexes and any amendment thereto.
“Annexes”: refers to Annexes 1 and 2.
“Client”: refers to the legal entity which concludes the Agreement with Presti.
“General Terms”: refers to the present terms.
“Input”: refers to data, including information, text, images, video, personal data, and content in any format provided by the Client when using the Solution.
“Presti”: refers to Teker AI SAS, a company incorporated and registered under the laws of France, having its registered office at 7 rue Ernest Renan, 75015, Paris (France) and with registration number 917 494 114 R.C.S Paris.
“Intellectual Property Rights”: refers to any right, registered or not, including patents and patent applications, trademarks and trademark applications, designs, copyright including copyright applicable to software, related rights including producers’ rights and performers’ rights, sui generis rights, including database producer’s rights, and any other related rights including rights applicable to domain names, company name, names and trading names, rights related to know-how and business information, trade secret or any equivalent protection that exists in the world.
“Offer”: refers to the commercial offer subscribed by the Client in the Solution.
“Output” refers to any image or visual content generated by the Solution in response to the Input provided by the Client.
“Party”: refers to, in the singular, individually, Presti or the Client, and in the plural, collectively, Presti and the Client.
“Personal Data Regulation”: refers to the regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as the French Law n° 78-17 of 6 January 1978 (Loi relative à l’informatique, aux fichiers et aux libertés) in its latest version in force.
“Solution”: refers to the online service accessible at https://app.presti.ai/ and all of its subdomains.
“Special Terms”: refers to any specific terms agreed upon between Presti and the Client to define the terms of their collaboration (whether in the form of a document entitled "Special Terms", choices made in the Account or written exchanges between the Parties).
“User”: refers to any person having access to an Account.
2. Purpose and scope of the general terms
Presti is a technological service that enables the Client to create visuals for selling furniture using generative artificial intelligence. The purpose of the General Terms is to govern the conditions under which the Clients and Users may use the Solution.
3. Contractural document and hierarchy
The Agreement consists of the Special Terms, the General Terms and the Annexes. Should there be any contradiction between these documents, they will prevail on one another according to the following hierarchy: (1) the Special Terms, (2) the Annexes and (3) the General Terms. If the Parties wish to include other documents within the scope of the Agreement, they must agree in writing and specify their articulation with the existing documents.
4. Undertakings of the client
4.1 Fair and lawful use
The Client undertakes to:
Prevent any access to the Solution or the Account by unauthorized third parties;
Prevent any behavior or action likely to harm, unbalance or disrupt the Solution;
Not to cause bugs or malfunctions of the Solution, in particular by downloading content containing viruses or any program that could lead to the destruction of data or the introduction of bugs of any kind;
Not to upload, integrate or enter any illicit content in the Solution, in particular content that violates an intellectual property right, and ensure it has all necessary legal or contractual authorizations to use the Input within the Solution;
Not to harm, directly or indirectly, Presti’s reputation or image;
Not to take advantage of the Agreement and the technologies made available to the Client to compete, directly or indirectly, with Presti;
Comply with the General Terms, comply with the laws and regulations in force in the country in which the Client is established and undertakes not to infringe public order, good morals or the rights of third parties, or violate any legislative or regulatory provision.
More generally, the Client undertakes to make fair and non-excessive use of the Solution and to use the Solution in accordance with its purpose and object.
4.2 Compliance with the Agreement
The Client expressly declares and confirms that it has the legal capacity and the necessary powers to conclude the Agreement in its own name.
The Client undertakes to comply with every provision of the Agreement and ensure that its Administrators and Users will agree with the Agreement and guarantees Presti (obligation of result) that the Administrators and Users will comply with every provision of the Agreement and with any other documents governing the use of the Solution and in particular the respect and the good execution of the license to use the Solution (Annex 1).
The Client understands and accepts that it is solely responsible for the use made of the Accounts and the Solution, the Users or any third party. As such, the Client accepts and undertakes to bear all the consequences that may arise from their use.
5. Undertakings and guarantees of Presti
5.1 Provision of the Solution
Presti undertakes to provide the Client with the Solution according to the specifications of the Special Terms and according to the chosen Offer.
Presti undertakes to make the Solution available to the Client twenty-four hours a day (24 hours a day), seven days a week (7 days a week), except in case of force majeure, unforeseeable and unavoidable behavior of a third-party, and except for possible breakdowns and/or maintenance operations necessary to ensure the proper functioning of the Solution.
The Client acknowledges and agrees that due to Internet network specificities, the technologies used and telecom networks, Presti cannot guarantee a permanent availability of the Solution. In the event of any malfunction or defect, Presti will make reasonable efforts to restore the situation as soon as possible and, if necessary, suspend the Solution and/or remove any manifestly illegal content that Presti is aware of and/or make updates. In this case, Presti shall notify the Client of such actions.
5.2 Support and maintenance
Presti shall maintain the Solution. In the event of a malfunction and/or maintenance of the Solution for more than 8 hours, Presti shall notify the Users to the email address specified in the Account at least twenty-four (24) hours in advance or as soon as possible when there is a malfunction or an unforeseen event. Users are also notified of the availability of updates and the consequences of not implementing them.
Support requests regarding the Solution shall be sent to support@presti.ai. Presti undertakes to answer the Client in accordance with the chosen Offer and use its best efforts (obligation of means) to solve any incident that might affect the Client
6. Financial terms
The Client is entitled to a free trial version of the Solution, which includes 5 prompts with limited features. Additional features are available through paid subscription plans, depending on the Offer selected by the Client. The details of each Offer can be found at the following address: https://app.presti.ai/pricing.
The Client undertakes to pay the amount due in accordance with the terms of the Offer selected.
In the event of non-payment of an invoice on its due date, any sum due to Presti will bear interest at a rate equal to three (3) times the legal interest rate. These penalties shall be increased by a fixed recovery fee of forty (40) euros per unpaid debt.
7. Guarantees
7.1 Guarantees of the Client
The Client guarantees that it holds all rights and permissions to use the Solution and, in particular, the rights to use the Input within the Solution.
In this respect, the Client indemnifies Presti against any action, claim, demand or opposition from a third party which is based, directly or indirectly, on the violation of any applicable rule in relation to the use of the Solution by the Client or the Users, in particular (i) a personal right, (ii) a right related to personal data, (iii) an intellectual property right or (iv) a right of a contractual nature concerning them.
The Client undertakes to bear the financial burden of dealing with any claim made by a third party as well as to bear the financial burden of any damages or compensation of any kind that should be paid to it, by any court decision or settlement, by guaranteeing Presti against any payment in this respect and by holding it harmless from any sanction or conviction.
7.2 Guarantees of Presti
The Client expressly declares and confirms that it has the legal capacity and the necessary powers to conclude the Agreement in its own name.
The Client undertakes to comply with every provision of the Agreement and ensure that its Administrators and Users will agree with the Agreement and guarantees Presti (obligation of result) that the Administrators and Users will comply with every provision of the Agreement and with any other documents governing the use of the Solution and in particular the respect and the good execution of the license to use the Solution (Annex 1).
The Client understands and accepts that it is solely responsible for the use made of the Accounts and the Solution, the Users or any third party. As such, the Client accepts and undertakes to bear all the consequences that may arise from their use.
8. Liability of the Client
The Client is exclusively responsible for the damages, direct or indirect, caused by its use, or that of the Users, of the Solution, the Input and the Output, including the non-compliance with the rules on personal data or with the rules on intellectual property, or the violation of contractual rights of any nature. The Client acknowledges that the Solution is based on artificial intelligence and (i) Presti does not control the Output generated by the Solution and (ii) due to the nature of Presti’s services and artificial intelligence generally, the Ouput may not be unique and other users may receive similar Output. The Client acknowledges and agrees that Presti shall have no liability whatsoever as to the content, processing and use of the Output which are under the Client’s sole liability.
The Client understands and accepts that it is the only one responsible for any damage, direct or indirect, caused by the Users, without the possibility for it to invoke their responsibility in case of damage suffered by Presti or a third party.
9. Intelectual Property
9.1 Rights on the solution
The Solution and all its components including but not limited to, software, structures, infrastructure, databases and content of any kind (texts, images, visuals, logos, trademarks…) used by Presti are protected by Intellectual Property Rights. A license on the Solution is granted by Presti to the Client. The terms and conditions of this license are detailed in Appendix 1.
9.2 Rights associated with the Input
The Client is and remains the owner of the Input and guarantees that it holds all the rights and authorizations to communicate it through the Solution, and that the Input does not infringe third party’s Intellectual Property Rights.
For the purpose of the Solution’s operation, the Client grants Presti a licence for the sole purpose of operating, enabling and improving the Solution. This right is granted for the duration of the Agreement, for the whole world and includes:
The right to reproduce, or have the Input reproduced as is, by any means and on any support, known or unknown on the date of assignment of the rights, including but not limited to digital supports (e.g. smartphones, digital tablets, computers…) and to modify (including but not limited to scaling, cropping and adapting) the Input to fit these means;
The right to represent, or have the Input represented by any means, known and unknown on the date of assignment of the rights, including by cable, satellite, digital, or other means, including via the internet, and to modify and/or adapt the Input to fit these means.
9.3 Rights associated with the Output
Presti assigns all Intellectual Property Rights it may have on the Output to the Client. The Client acknowledges and agrees that the use and exploitation of the Output are entirely under its responsibility and the Client assumes full liability for the content of the Output it chooses to exploit.
The Client acknowledges and agrees that the Output generated within the Solution may be used by Presti to improve the Solution.
10. Duration, suspension and termination
10.1 Duration
From the date of their acceptance, the General Terms are applicable for an indefinite period.
10.2 Suspension
Presti may partially or completely suspend the access to the Solution and the execution of the Agreement in the following cases:
The Client, an Administrator or a User does not comply with one or several obligations provided for under the Agreement or in case of serious suspicion of breach of the Agreement;
The Client has used the Solution in a manner placing an excessive load on Presti’s technological infrastructure;
In case of a payment incident regarding the sums due by the Client to Presti;
In the event of a security breach.
Access may be restored when the cause of suspension has ceased.
10.3 Termination
In the event of a serious breach by a Party of one of its contractual obligations, the other Party may terminate the Agreement by sending an email detailing the alleged breach. The termination is effective from the date of receipt of the letter by the receiving Party.
Without being exhaustive, the Parties agree that the following are serious breaches of the Agreement:
For the Client: failure to pay the agreed sums, irregularities or frauds in the use of the Solution, integration of illicit content in the Input.
For Presti: failure to provide access to the Solution for a significant period.
Each Party shall remain bound to perform all of its obligations under the Agreement during the period between the notification of the termination and the effective termination of the Agreement. The termination of the Agreement entails the termination of the licences provided for in Annex 1, as well as the end of access to the Solution.
11. Personal Data
The Parties undertake to comply with the Personal Data Regulations and to be able to justify their compliance.
The Parties agree that the Client is, within the meaning of the Personal Data Regulation, data controller of the personal data contained in the Input and/or communicated to Presti within the Solution and that Presti acts as a data processor. In such case, the personal data shall be processed in accordance with Annex 2.
12. Modification Agreement
Presti reserves the right to make the Solution and the General Terms evolve in particular for regulatory or technological reasons at its sole discretion in order to create new functionalities or improve existing features.
Presti shall notify the Client in writing about the modifications of the General Terms and the Solution. Unless there is a legal or regulatory obligation or unforeseen or imminent danger, the proposed changes are not applicable before the expiration of a 60 days period. Within 60 days from the notification, the Client may terminate the General Terms by written notice upon a reasonable notice period. In the absence of termination, the Client acknowledges to be bound by the change.
13. Micellaneous
13.1 Severability
If any provision of this Agreement is held invalid or void by a modification of legislation, regulation or by a court decision, the remainder of this Agreement will not be affected thereby as well as the duty to comply with the Agreement.
13.2 Assignment and change of control
The Client may not assign or transfer all or any part of the Agreement to a third party without the prior written consent of Presti.
In the event of (i) a merger by formation of a new company, contribution, partial contribution of assets, merger by acquisition, asset spin-off, or any other operation entailing a universal transfer of Presti’s assets or (ii) any operation entailing a direct or indirect change of control affecting Presti, the contractual relations will persist without it being necessary to inform or obtain the consent of the Client, unless the operation is likely to lead to a reduction of the Client’s rights.
13.3 Non-renunciation
The failure of either Party to demand strict performance of any of the terms of the Agreement, permanently or temporarily, may not be understood as a renunciation of the right to assert any of such terms.
13. Governing Law and Jurisdiction
The Agreement is governed by and interpreted according to French law.
Any conflict or dispute related to the validity, the interpretation, performance, and/or termination of the Agreement must be submitted to the exclusive jurisdiction of the Paris Commercial Court.
