TERMS OF SERVICE

ShopinZen

In force as of 21/08/2026 – Last updated on [date]

These Terms of Service (hereinafter the “Terms”) govern access to and use of the ShopinZen platform (hereinafter the “Platform”), published by NEXT CUSTOMER VENTURES, a French simplified joint-stock company (SAS) with a share capital of €10,000, registered with the Créteil Trade and Companies Register (RCS) under number 830759577, whose registered office is located at 44 rue Jules Vanzuppe, 94200 Ivry-sur-Seine, France, represented by Christiane Schaerer (hereinafter the “Publisher”).

The Platform enables Users to create, configure, train, deploy and maintain automated conversational agents (“chatbots”) for professional purposes, relying on generative artificial intelligence models.

Any registration or use of the Platform implies full and unconditional acceptance of these Terms. Any User who does not accept to be bound by these Terms must refrain from accessing or using the Platform.

Article 1 – Definitions

●       “Platform”: the website, application and interfaces (web, API, widgets) published by the Publisher enabling the creation and management of Chatbots.

●       “User”: any natural or legal person who has created an Account and/or uses the Platform.

●       “Account”: the personal or professional space created by the User to access the Services.

●       “Chatbot”: an automated conversational agent created, configured or hosted by the User by means of the Platform.

●       “User Content”: any content, data, script, knowledge base, prompt, or configuration imported, entered or generated by the User via the Platform.

●       “End User”: any person interacting with a Chatbot created by the User.

●       “Services”: all functionalities offered by the Platform (creation, training, hosting, analytics, integrations, maintenance of Chatbots, etc.).

●       “Subscription”: the free or paid access plan subscribed to by the User.

Article 2 – Purpose

These Terms are intended to define the terms and conditions under which the Publisher makes the Platform available to Users, as well as the rights and obligations of the parties in this context. They apply to the exclusion of any other terms, unless a specific contractual agreement is entered into in writing between the Publisher and a User (framework agreement, “Enterprise” special terms, etc.), which shall then prevail over these Terms in the event of conflict.

Article 3 – Acceptance and amendment of the Terms

Acceptance of the Terms is evidenced by checking the dedicated box upon registration or by the actual use of the Platform. The Publisher reserves the right to amend these Terms at any time in order to adapt them to changes in the Platform, to legal and regulatory developments, or for any other legitimate reason.

Any material amendment will be notified to the User by email and/or by notification on the Platform at least 30 days before it takes effect. Continued use of the Platform after that date constitutes acceptance of the amended Terms. In the event of disagreement, the User may terminate their Account under the conditions set out in Article 11.

Article 4 – Description of the Services

4.1 General functionalities

The Platform notably allows Users to:

●       create one or more Chatbots using a visual editor and Retrieval Augmented Generation (RAG) powered by generative artificial intelligence models;

●       import resources (documents, FAQs, websites, APIs) to train or configure the Chatbot;

●       deploy the Chatbot across various channels (website, widget, social media, messaging apps, API);

●       monitor the Chatbot's performance via dashboards and usage statistics;

●       maintain, fix, update and evolve the Chatbot over time.

4.2 Use of third parties

The Platform may rely on artificial intelligence models and infrastructure services provided by third-party providers (in particular language model providers and cloud hosting providers). The Publisher selects these providers with care but cannot guarantee the complete absence of errors, inaccuracies or bias in the responses generated by the Chatbots.

4.3 Evolution of the Services

The Publisher reserves the right to develop, modify, suspend or withdraw all or part of the Platform's functionalities, subject to informing Users within a reasonable time when this materially affects the subscribed Services.

Article 5 – Registration and User Account

Access to the Services requires the creation of an Account, by providing accurate, complete and up-to-date information. The User undertakes to update this information in the event of any change.

The User is solely responsible for the confidentiality of their login credentials and for any activity carried out from their Account. The User undertakes to immediately inform the Publisher of any unauthorized use of their Account or any security breach of which they become aware.

Registration is reserved for adults with the legal capacity to enter into contracts, or for duly represented legal entities. The Publisher reserves the right to refuse a registration or suspend an Account in the event of false information or violation of these Terms.

Article 6 – User obligations and undertakings

The User undertakes to use the Platform in accordance with its intended purpose, applicable regulations and these Terms. In particular, the User shall not:

●       use the Platform to create Chatbots for unlawful, fraudulent, defamatory, abusive or discriminatory purposes, or purposes that infringe the rights of third parties;

●       create Chatbots that impersonate a third party or institution, or that misleadingly present themselves as a human interlocutor where applicable regulations require disclosure to the contrary;

●       collect, via a Chatbot, End Users' personal data without a legal basis and without adequately informing such End Users;

●       disseminate, via a Chatbot, content that is hateful, violent, pornographic, or that incites illegal activity;

●       interfere with the normal operation of the Platform (attempted intrusion, deliberate overload, circumvention of security measures, reverse engineering);

●       use the Platform to develop a competing service without the Publisher's express authorization;

●       resell, sublicense or make available to third parties access to the Platform outside the cases expressly authorized by the subscribed Subscription.

The User remains solely responsible for the User Content they import as well as for the responses generated and published by the Chatbots they configure and deploy, including vis-à-vis End Users.

The User undertakes to clearly and visibly inform End Users that they are interacting with an automated agent, in accordance with the regulations applicable in the relevant country (in particular regarding fair information practices and, where applicable, regulations relating to artificial intelligence).

Article 7 – Intellectual property

7.1 Ownership of the Platform

The Platform, its architecture, software, databases, texts, graphics, logos and, more generally, all elements comprising it, are the exclusive property of the Publisher or its licensors and are protected by intellectual property law. No provision of these Terms may be construed as an assignment of intellectual property rights to the User.

The Publisher grants the User, for the duration of the Subscription, a personal, non-exclusive, non-assignable and non-transferable right to use the Platform, within the limits of the functionalities included in their Subscription.

7.2 User Content

The User retains all intellectual property rights they hold over their User Content. However, the User grants the Publisher a non-exclusive right, for the duration of the Subscription, to host, reproduce, adapt and process such User Content solely to the extent necessary to provide the Services (in particular to train and operate the corresponding Chatbot).

The User warrants that they hold all rights and authorizations necessary over the User Content they import, and shall indemnify the Publisher against any third-party claims in this respect.

7.3 Chatbots created

Subject to compliance with these Terms and full payment of amounts due, the User has a right to operate the Chatbot they configure, excluding the underlying software elements specific to the Platform, which remain the property of the Publisher.

Article 8 – Personal data

The Publisher, acting as data controller, processes Users' personal data (identification, billing, login information) in accordance with Regulation (EU) 2016/679 (“GDPR”) and the French Data Protection Act (loi Informatique et Libertés), under the conditions set out in its Privacy Policy, available at https://www.shopinzen.com/privacy-policy.

Where the User configures a Chatbot that collects or processes End Users' personal data, the User acts as data controller for such data, and the Publisher acts as data processor within the meaning of Article 28 of the GDPR. A Data Processing Agreement, appended to these Terms, sets out the applicable conditions and safeguards (nature and purpose of the processing, categories of data, security measures, fate of the data at the end of the contract, sub-processors, assistance in the event of a data breach).

The User undertakes to have a legal basis for any processing of personal data carried out via a Chatbot and to inform End Users in accordance with applicable regulations (privacy notices, collection of consent where applicable).

Article 9 – Pricing and payment terms

Access to the Services is offered under various Subscription plans (free and paid) whose features and pricing are specified on the Platform or in a specific quote/contract. Prices are indicated in euros exclusive of tax, with applicable VAT added at the time of invoicing.

Unless stated otherwise, paid Subscriptions are billed in advance, monthly or annually depending on the plan chosen, by automatic debit from the payment method provided by the User. Any Subscription period that has begun is due in full.

In the event of non-payment when due, the Publisher may, after formal notice remaining unheeded for 30 days, suspend access to the Services until the situation is remedied, without prejudice to any other remedy and to the application of late payment penalties in accordance with applicable regulations.

Unless otherwise provided for a specific offer, amounts paid are non-refundable, including in the event of early termination by the User, subject to mandatory legal provisions applicable to consumers' right of withdrawal.

Article 10 – Availability, maintenance and support

The Publisher uses reasonable efforts to ensure continuous access to the Platform, without however guaranteeing uninterrupted availability. Scheduled or emergency maintenance operations may cause temporary interruptions, which the Publisher endeavors to keep as short as possible and to notify Users of when reasonably practicable.

Technical support is offered to Users under the conditions (channels, response times, service levels) specified according to the subscribed Subscription plan, and where applicable, in a dedicated SLA appendix for Enterprise offers.

Article 11 – Term, suspension and termination

These Terms apply for the entire duration of the User's use of the Platform. The Subscription is entered into for the duration specified at the time of order (monthly, annual) and is automatically renewed for an equivalent duration, unless terminated by either party under the conditions below.

The User may terminate their Subscription at any time from their Account or in writing, with termination taking effect at the end of the current period, without reimbursement of amounts already paid, unless otherwise provided.

The Publisher may suspend or terminate, as of right, without notice or compensation, a User's access in the event of a serious or repeated breach of these Terms, in particular in the event of unlawful use of the Platform, after formal notice remaining unheeded where the breach is capable of being remedied.

At the end of the contractual relationship, the User has a period of 30 days to export their User Content, after which the Publisher may delete it, subject to legally mandated retention periods.

Article 12 – Liability and warranties

The Publisher undertakes to provide the Services with diligence and in accordance with best practices, on a best-efforts basis. The Publisher does not warrant that the responses generated by the Chatbots are free of any error, inaccuracy or approximation, in particular due to the inherent limitations of the underlying generative artificial intelligence technologies.

The User acknowledges that it is their responsibility to verify the relevance, accuracy and lawfulness of the responses generated by the Chatbots they deploy, particularly where such responses concern sensitive topics (legal, medical, financial) or engage their liability towards End Users.

To the extent permitted by law, the Publisher shall not be liable for indirect damages (loss of revenue, loss of customers, loss of data, damage to reputation) suffered by the User. The Publisher's total liability, for all damages combined, is limited to the amount actually paid by the User over the twelve (12) months preceding the event giving rise to liability.

These limitations do not apply in the event of gross or willful misconduct by the Publisher, nor to bodily injury, nor in cases where applicable law prohibits any limitation of liability.

Article 13 – Force majeure

Neither party may be held liable for any failure or delay in performing its obligations resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code and the case law of French courts, which includes in particular failures of third-party infrastructure or artificial intelligence model providers beyond the Publisher's control.

Article 14 – Subcontracting and assignment

The Publisher may use subcontractors to perform all or part of the Services, under its responsibility. The Publisher may assign these Terms as part of a merger, acquisition or asset transfer transaction, subject to informing Users. The User may not assign these Terms without the Publisher's prior written consent.

Article 15 – Miscellaneous provisions

If any provision of these Terms is declared void or unenforceable, the remaining provisions shall remain in full force and effect. The fact that the Publisher does not enforce any breach by the User shall not be construed as a waiver of the right to enforce it subsequently.

Article 16 – Governing law and jurisdiction

These Terms are governed by French law. In the event of a dispute relating to their validity, interpretation or performance, and failing an amicable resolution, the courts within the jurisdiction of Créteil shall have exclusive jurisdiction, subject to mandatory jurisdiction rules applicable to consumers.

In accordance with applicable regulations, any consumer also has the option of using a mediation platform or an online dispute resolution platform.

Article 17 – Contact

For any questions relating to these Terms or the Services, the User may contact the Publisher at the following address: contact@shopinzen.com, or by mail at Next Customer Ventures, 44 rue Jules Vanzuppe, 94200 Ivry-sur-Seine, France.