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AIFORYA

Terms and Conditions of Sale

Preamble

These General Terms and Conditions of Sale (T&C) constitute the contract governing the relationship between AIFORYA (sole proprietorship, hereinafter "AIFORYA" or "the Publisher") and any natural or legal person purchasing a licence for a plugin or for Command Center on aiforya.fr (hereinafter "the Client").

Full and complete acceptance of these T&C is an essential condition of any purchase.

Article 1. Definitions

  • Services: all products and services provided by AIFORYA, including access to and right of use of the catalogue of software extensions (plugins) for WordPress and/or other CMS.
  • Client: any natural or legal person who has purchased a licence. Qualified as a Professional or a Consumer.
  • User licence: a non-exclusive, non-transferable and personal right to install and use the plugin or software purchased, on the number of sites provided for by the licence.
  • Updates: new versions of the software made available to the Client for the duration stated at purchase (12 months for plugins).
  • BYOK Model (Bring Your Own Key): fundamental technical architecture whereby the Client uses their own API keys obtained directly from Third-Party Providers to activate certain advanced features.
  • Third-Party Provider: third-party company (Anthropic, OpenAI, Google, etc.) providing services via an API to which the Client subscribes directly.

Article 2. Subject Matter

These T&C define the rights and obligations of the parties in connection with the sale of licences for software plugins and for Command Center. They prevail over any other general or specific conditions not expressly agreed.

Article 3. Licence Description

Each premium plugin is purchased on its own, as a one-time payment, with a licence for 1 site, 5 sites or 25 sites. The purchase includes 12 months of updates. After this period, the plugin keeps working, including its AI features used with the Client's key; only the updates stop. The Client may, if they wish, renew 12 months of updates from their client area, at the price paid at the initial purchase. Command Center is purchased on the same principle, with the number of sites stated on its page. Free plugins are offered without payment or bank details. The price, number of sites and duration of updates appear on each product page, which forms an integral part of this contract.

The Publisher is bound by an obligation of means and undertakes to apply the care and diligence necessary to provide quality software, including corrective and evolutionary maintenance for the duration of the updates. Availability is not subject to a quantified SLA.

Article 4. Pricing, Payment, and Invoicing

  • 4.1. Pricing: stated in Euros on the site. The applicable VAT regime is that in force at the time of invoicing.
  • 4.2. Payment terms: one-time payment, in advance, by credit card via secure payment provider Stripe. Acceptance of the T&C entails acceptance of Stripe's terms.
  • 4.3. Invoicing: invoices issued automatically, accessible from the client area.
  • 4.4. Payment failures: if the payment fails, the order is not validated and no licence is issued.
  • 4.5. Price changes: a price change never applies to a licence already purchased.

Article 5. Service and T&C Modifications

  • 5.1. Service modifications: AIFORYA may evolve services. In the event of removal of a core feature, AIFORYA will inform Clients with reasonable notice.
  • 5.2. T&C modifications: the Client will be informed by email at least 30 days before entry into force. If the Client refuses, the T&C accepted at purchase continue to govern the licence purchased.

Article 6. Personal API Key Architecture

The BYOK model is an essential contract condition.

  • 6.1. Client responsibility: the Client personally subscribes to and obtains API keys from Third-Party Providers. They are solely responsible for the management, security, confidentiality, and validity of their API keys.
  • 6.2. AIFORYA's role: AIFORYA provides only the technical intermediary. AIFORYA is neither a provider, reseller, nor agent of Third-Party Providers. AIFORYA shall not be held liable for:
    • billing and usage costs of third-party APIs;
    • pricing changes or Third-Party Provider policies;
    • any interruption, suspension, or degradation of third-party services;
    • any abusive or fraudulent use of API keys by third parties.
  • 6.3. Integration evolution: AIFORYA may modify, add, or remove integration of a Third-Party Provider, with reasonable notice (generally 30 days) before removing a major API.

Article 7. Money-Back Guarantee and Right of Withdrawal

  • 7.1. Money-back guarantee: every paid purchase — plugin licence or Command Center licence — is covered by a full money-back guarantee for 14 days from payment, on simple request and without justification. Free plugins remain accessible without commitment or bank details.
  • 7.2. Professionals: the right of withdrawal provided by consumer law does not apply.
  • 7.3. Consumers: in accordance with Article L. 221-28, 13° of the Consumer Code, the provision of services constitutes supply of digital content not provided on a tangible medium, the execution of which begins with the Client's prior express agreement and waiver of the right of withdrawal.
  • 7.4. Refund procedure: requests are sent to support@aiforya.fr within the 14-day period provided for in Article 7.1. The refund is made by the same means of payment, within 14 days of the request. The refund ends the licence: the Client stops using the software and no longer receives updates. Beyond the 14-day period, no refund is due.

Article 8. Licence Term

  • 8.1. Term: the licence is perpetual: there is no subscription, no automatic renewal and nothing to cancel.
  • 8.2. Updates: they are provided for the duration stated at purchase (12 months for plugins). Their renewal is optional, only takes place at the Client's request, and is charged at the price paid at the initial purchase.
  • 8.3. Termination of the licence by AIFORYA: in the event of serious breach (unlawful use, violation of usage rules, payment fraud), after formal notice has remained without effect for 7 days, AIFORYA may terminate the licence.

Article 9. Liability and Warranties

  • 9.1. Limitation of liability: AIFORYA's liability is strictly limited to direct and foreseeable damage resulting from a proven breach of its contractual obligations. In no event shall the total liability exceed the price paid by the Client for the licence concerned. AIFORYA is not liable for indirect damage (loss of profits, loss of data, business interruption, etc.).
  • 9.2. Third-Party Providers: AIFORYA does not guarantee the availability, performance, or reliability of Third-Party Provider services.
  • 9.3. Legal warranties: Consumer Clients benefit from the legal warranty of conformity (Articles L. 224-25-1 et seq. of the Consumer Code) and the warranty against hidden defects.

Article 10. AI Systems, Generated Content and Transparency

  • 10.1. Content owner: the Client is the sole owner and publisher of content generated by AIFORYA services via their API key. They assume full responsibility.

  • 10.2. Compliance: the Client is solely responsible for ensuring generated content is lawful, does not infringe third-party rights, is not defamatory, and complies with applicable laws. AI models may produce inaccurate, biased, or outdated information; the Client must verify all content before publication.

  • 10.3. Provider status under Regulation (EU) 2024/1689: AIFORYA is a provider of AI systems within the meaning of Article 3(2) of Regulation (EU) 2024/1689 (the "AI Act"): it develops the extensions and places them on the market under its own brand, whether for payment or free of charge. As such, AIFORYA bears the transparency obligations of Article 50 that fall on it directly, in particular informing persons that they are interacting with an AI system and marking generated content in a machine-readable format. These obligations are neither transferable to the Client nor excludable by contract.

  • 10.4. No editorial control: AIFORYA exercises no prior control, moderation, or validation of generated content. This absence is editorial, not regulatory: it in no way restricts the obligations set out in Article 10.3. The Client, as deployer within the meaning of Article 3(4) of the same Regulation, remains responsible for the use, verification, and publication of the content.

  • 10.5. Indemnification: the Client agrees to indemnify, defend, and hold AIFORYA harmless against any action relating to content generated via the tools, except for actions arising from AIFORYA's failure to meet its own provider obligations as set out in Article 10.3.

  • 10.6. Declared intended purpose: AIFORYA extensions are intended to assist in creating and optimising web content, to automate website and e-commerce management tasks, and to assist with customer relations, in a professional context.

  • 10.7. Uses excluded from the intended purpose: the following are expressly excluded from the declared intended purpose and must not be carried out using AIFORYA extensions:

    • screening, filtering, or evaluating job applications, and any decision affecting an employment relationship, its promotion, or its termination;
    • assessing learning outcomes, or determining admission or placement in education or vocational training;
    • medical triage, emergency dispatch, and any decision on access to healthcare or health services;
    • creditworthiness assessment, or access to credit, insurance, or social benefits;
    • inferring a person's emotions in a workplace or educational context;
    • biometric categorisation and biometric identification of persons.

    These uses fall under Annex III or Article 5 of Regulation (EU) 2024/1689. No extension in the AIFORYA catalogue is designed, documented, assessed, or placed on the market for these purposes.

  • 10.8. Client reclassified as provider: in accordance with Article 25 of Regulation (EU) 2024/1689, a Client who uses an extension outside its declared intended purpose, substantially modifies it, or places it on the market under their own brand is deemed to be the provider of the resulting system and assumes all corresponding obligations, including those applicable to high-risk systems.

Article 11. Plugin Continuity

  • 11.1. Commitment: should AIFORYA permanently cease its activity, it undertakes to make the source code of the plugins sold public, so that Clients can keep using them and have them maintained.
  • 11.2. Scope: this commitment covers the source code of the plugins and their technical documentation. It does not include any access, credential or service of AIFORYA.
  • 11.3. Permanent cessation: this means the absence, for more than 90 consecutive days, of any update and of any response to Client requests.
  • 11.4. Publication: the source code would then be published under a permissive open source licence (MIT), under the name "AIFORYA-Legacy". Support, updates and new features would cease from that date.

Article 12. Force Majeure

Neither party may be held liable for non-performance of obligations in the event of Force Majeure (natural disasters, wars, terrorist attacks, general strikes, pandemics, major outages, government acts, widespread cyberattacks, etc.). Obligations suspended for the duration of Force Majeure. If it lasts more than 60 consecutive days, the contract may be terminated by operation of law without compensation.

Article 13. Evidence and Proof Convention

Computerised records kept by AIFORYA under reasonably secure conditions constitute proof of communications, orders, and payments between the parties.

Article 14. General Provisions

  • 14.1. Assignment: AIFORYA may assign or transfer rights and obligations arising from the T&Cs to any third party, notifying the Client. The Client may not assign without prior written agreement.
  • 14.2. Severability: if a clause is void, the others retain their force.
  • 14.3. Entirety: T&Cs + Privacy Policy + Legal Notice + pricing documents = the entire agreement.
  • 14.4. Non-waiver: failure to enforce a breach at any given time does not constitute future waiver.

Article 15. Applicable Law and Jurisdiction

  • 15.1. These T&Cs are governed by French law. This choice does not affect the mandatory rights of consumers in their country of habitual residence.
  • 15.2. The Client first contacts AIFORYA in writing to attempt amicable resolution. For Consumers, recourse to mediation is available (see Legal Notice).
  • 15.3. Failing amicable agreement, any dispute falls under the jurisdiction of Lille (France) courts.