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AIFORYA

Terms and Conditions of Sale

Preamble

These Terms and Conditions of Sale (T&Cs) constitute the contract governing the relationship between AIFORYA (sole trader, hereinafter "AIFORYA" or "the Publisher") and any natural or legal person subscribing to a subscription for use of the services offered on aiforya.fr (hereinafter "the Client").

Full and complete acceptance of these T&Cs is an essential condition for subscribing to a plan, materialised by a checkbox during the online registration process.

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 subscribing to a plan. Qualified as Professional or Consumer.
  • Licence of Use: non-exclusive, non-transferable, personal and revocable right to install and use the extensions included in the subscription.
  • 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&Cs define the rights and obligations of the parties in the context of the sale of subscriptions granting access to AIFORYA services. They prevail over all other general or specific conditions not expressly agreed upon.

Article 3. Service and Subscription Description

AIFORYA offers several subscription plans granting access to the extension catalogue: Free, Starter, Pro, Agency, and Enterprise, as well as promotional offers such as Early Bird. Details (number of sites, included features, support levels) appear on the Pricing page, which forms an integral part of this contract.

The Publisher is bound by a best-efforts obligation and commits to providing the care and diligence necessary to deliver a quality service, including corrective and evolutionary maintenance. Availability is not subject to a specified SLA at launch, except under specific Enterprise agreement.

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: in advance, monthly or annually, by credit card via secure payment provider Stripe. Acceptance of T&Cs entails acceptance of Stripe's conditions.
  • 4.3. Invoicing: invoices issued automatically, accessible from the client area.
  • 4.4. Payment failures: in the event of failure, access to services is suspended. After several unsuccessful attempts, the subscription will be terminated by operation of law.
  • 4.5. Price changes: any new pricing applies only to subsequent renewals, with at least 30 days' notice.

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. In case of refusal, they may terminate before application.

Article 6. BYOK Architecture (Bring Your Own Key)

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. Free Trial and Right of Withdrawal

  • 7.1. Free trial: 14-day free trial period, no commitment or bank details required.
  • 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. No-refund policy: given the 14-day free trial period, no refund is made after the commencement of a paid subscription period.

Article 8. Term, Renewal, and Termination

  • 8.1. Term: monthly or annual subscription, tacitly renewed unless terminated.
  • 8.2. Termination by the Client: at any time from the client area. Annual subscription: effective at end of current period. Monthly subscription: effective at end of month. Any commenced month or year is due.
  • 8.3. Renewal notification (Consumers): in accordance with Article L. 215-1 of the Consumer Code, email notification will be sent no earlier than 3 months and no later than 1 month before the term.
  • 8.4. Termination by AIFORYA: in the event of serious breach (non-payment, unlawful use, violation of usage rules), after formal notice remaining without effect for 7 days, AIFORYA may suspend or terminate the subscription.

Article 9. Liability and Warranties

  • 9.1. Limitation of liability: AIFORYA's liability is strictly limited to direct and foreseeable damages resulting from a proven breach of its contractual obligations. Under no circumstances shall total liability exceed the total amount paid by the Client during the 12 months preceding the causative event. AIFORYA is not liable for indirect damages (loss of profits, data loss, 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. Liability for AI-Generated Content

  • 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. Role exclusion: AIFORYA is a mere technical tool provider. No prior control, moderation, or validation of generated content.
  • 10.4. Indemnification: the Client agrees to indemnify, defend, and hold AIFORYA harmless against any action relating to content generated via the tools.

Article 11. Service Continuity (Patrimonial Escrow Clause)

  • 11.1. To guarantee extension longevity even in the event of prolonged activity interruption, AIFORYA has established a sealed patrimonial mechanism (escrow).
  • 11.2. Regular deposit of complete source code, technical documentation, and access credentials with an independent trusted third party.
  • 11.3. Automatic trigger in the event of proven and prolonged inactivity (absence of updates, client responses, or signature of weekly automated pings) for more than 90 consecutive days.
  • 11.4. Upon triggering: immediate publication of source code under permissive open-source licence (MIT). Extensions will be designated "AIFORYA-Legacy". Support, updates, and new features will no longer be guaranteed beyond this 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.
Conditions générales de vente | AIFORYA