Specific Clauses

The User acknowledges and accepts that:

• •AVA's AI relies on language models whose results are neither deterministic nor infallible
• •Generated Content may contain factual errors, omissions, inconsistencies, or hallucinations inherent to the technology
• •The quality of results depends on the quality of the data and prompts submitted
• •The underlying AI models (Google Gemini) may be modified, updated, or discontinued by their provider without the Company incurring any liability as a result
• •Under no circumstances does AVA constitute guaranteed professional, legal, technical, or artistic advice

The User is informed of the following risks:

• •Potential bias in analyses and recommendations
• •Inability to guarantee consistency between different sessions
• •Variability of results for identical requests
• •Dependence on third-party services whose availability is not under the Company's control

Submitting the following in AVA prompts is strongly discouraged: sensitive personal data within the meaning of the GDPR (health data, biometric data, political opinions, sexual orientation, judicial data), information covered by professional secrecy, or confidential data of a strategic or commercial nature.

The Company disclaims all liability in the event of voluntary transmission of such data by the User.

In addition to Article 10 of the Terms of Use, the Company expressly excludes its liability for:

• •Any loss of data, files, or projects, regardless of cause
• •Any service interruption caused by external factors (provider failure, cyberattack, force majeure)
• •Any harm resulting from the use or inability to use the Generated Content
• •Any indirect damage: loss of revenue, loss of profit, loss of clientele, harm to reputation, loss of opportunity
• •Any damage resulting from unauthorized access to or use of the account
• •Any harm related to the operation, modification, or interruption of third-party AI services

The Company's total and cumulative liability, regardless of cause, is limited to the total amount actually paid by the User during the twelve (12) months preceding the harmful event.

For Users on the Explorer (free) plan, liability is limited to fifty (50) euros.

The Company cannot be held liable for the acts, omissions, modifications, interruptions, or failures of third-party services: Google (Gemini API), Stripe, Cloudflare, Vercel, Supabase, Railway, Hetzner, Resend, and Sentry.

The Company cannot be held liable in the event of force majeure within the meaning of Article 1218 of the French Civil Code, including natural disasters, power or Internet outages, cyberattacks, epidemics, government decisions, and strikes.

The User retains full intellectual property rights over the User Content they submit to the Platform. The User grants the Company the license described in Article 5.2 of the Terms of Use.

To the extent permitted by law, the Company assigns to the User all exploitation rights over the Generated Content produced specifically for them, subject to compliance with these Terms of Use and full payment for the services. However:

• •The Company does not guarantee that the Generated Content is free of third-party rights infringement
• •The User is solely responsible for verifying that the Generated Content complies with third-party intellectual property rights
• •The Company does not guarantee the uniqueness of the Generated Content: similar results may be produced for different Users
• •As the legal status of AI-generated content is still evolving, the Company makes no representation as to its eligibility for copyright protection

The project analyses and generated reports (integrity scores, anomaly detection, recommendations) are part of the Service and are provided for informational purposes. The User may use them in the course of their business, without representing them as the product of certified human expertise.

Any User may report content that violates the Terms of Use or the law by contacting: contact@proxia.studio

In accordance with the LCEN and the DSA Regulation, the Company undertakes to:

• •Process reports within a reasonable timeframe
• •Promptly remove any manifestly unlawful content as soon as it becomes aware of it
• •Inform the User concerned of the measures taken, unless a legal requirement dictates otherwise
• •Retain connection data in accordance with the LCEN (1 year)

The Company complies with judicial requisitions and may disclose identification and connection data to the competent authorities upon lawful request.

The Company does not currently have an automated system for detecting unlawful content. Compliance relies on the User's declaration and responsibility.

The User declares upon registration whether they are acting as a consumer (individual) or as a business. This declaration is made under the User's sole responsibility.

Consumer Users benefit from all the protections of the French Consumer Code, in particular:

• •A 14-day right of withdrawal (subject to the waiver provided for in Article 5.1 of the Terms of Sale)
• •Legal guarantee of conformity (Articles L.224-25-12 et seq. of the French Consumer Code for digital content and services)
• •Right to consumer mediation (CM2C)
• •Clauses deemed unfair within the meaning of Article L.212-1 of the French Consumer Code shall be deemed unwritten

Business Users are not entitled to any right of withdrawal, fully accept the limitation of liability clauses, and acknowledge having the necessary competence to assess the Service's suitability for their needs.

The specific conditions applicable to enterprise accounts are set out in the individual commercial agreement. In the event of a contradiction between the individual agreement and these clauses, the individual agreement shall prevail.