Kubbler - Terms of Use (CGU)

Article 1: Purpose and Acceptance

These Terms of Use (hereinafter the "CGU") set out the terms and conditions under which the user accesses and uses the Kubbler platform (hereinafter the "Platform"), and the rights and obligations of the parties in that context.

Use of the Platform implies full and unreserved acceptance of these CGU. A user who does not agree to be bound by these CGU must not access or use the Platform. Acceptance takes place when the account is created and/or when the Platform is first used.

Relationship with the Terms of Sale: These CGU supplement the General Terms of Sale and Service (CGV / CGS). Financial terms (subscriptions, prices, payment, termination, refunds) are governed exclusively by the CGV. In case of conflict on a commercial point, the CGV prevail.

Article 2: Account Access and Security

Access to the Platform's features requires an account. The user is solely and entirely responsible for the confidentiality and security of their login credentials (email, password). Any operation carried out from their account is deemed to have been carried out by them.

The user undertakes to provide accurate information when registering and to keep it up to date. They undertake to notify the Company without delay of any unauthorised use of their account or any security breach of which they become aware.

Article 3: Acceptable Use

The user undertakes to use the Platform and the Generated Application in a strictly lawful manner and in compliance with public policy. They are expressly forbidden from designing, deploying or hosting digital solutions whose purpose or effect is:

Any activity or content contrary to French law;
Phishing, spam, scams or fraudulent data collection;
The distribution of hateful, defamatory or harassing content, unregulated pornographic content, or content contrary to the protection of minors;
Piracy, streaming or illegal downloading that infringes third-party intellectual property rights;
The illegal trade in weapons, narcotics, counterfeit goods, or goods regulated without a licence.

Failure to comply with this charter entitles the Company to suspend the user's account immediately and without compensation.

Article 4: Intellectual Property and Licence

Subject to compliance with these CGU and payment of the sums due under the CGV, the Company grants the user a personal, limited, non-exclusive, non-transferable, non-assignable, worldwide and revocable licence to access and use the Platform and the Scaffold, solely for the purpose of operating their Generated Application. No right not expressly granted is transferred.

The Kubbler Platform, its technologies, algorithms, trademarks, logos, graphic charters, server configurations and the entire Scaffold (source and object code, architectures, pre-built databases, methodologies and templates) remain the exclusive industrial and intellectual property of the Company. The contract does not transfer any underlying code to the user.

Rights over the results generated from the user's prompts are governed by article 5.9 of the CGV.

Article 5: Restrictions on Use

The user is expressly forbidden, directly or through a third party, from:

Extracting, copying, reproducing, selling, renting, sublicensing, transferring or distributing the Scaffold, the source code or the templates outside the execution environment provided by the Company;
Reverse engineering, decompiling, disassembling or attempting to discover the source code, algorithms or know-how of the Platform;
Sharing, lending or disclosing their credentials to third parties, or using automated scripts, bots, crawlers or scrapers without prior written authorisation;
Using the Platform, the Scaffold, AI results or their prompts to train, develop or improve an AI model or a code/application generation service that competes with the Company (express opt-out from any text and data mining).

Any breach of these restrictions constitutes a serious breach, resulting in immediate termination of the licence and closure of the account without notice, without prejudice to any civil and criminal proceedings the Company may bring.

Article 6: User Content and Prompts

The user retains full and exclusive ownership of their prompts (the instructions they enter) and their Content (images, logos, imported texts, data). They warrant that they hold all rights and authorisations necessary over this content and that it infringes no third-party rights.

The user grants the Company a technical, worldwide, non-exclusive, royalty-free licence, transferable only to its technical and hosting subcontractors, to host, use, reproduce and display this content and these prompts, strictly as necessary for the operation, automated deployment and maintenance of their Generated Application and the Services.

The user warrants and indemnifies the Company against third-party claims under the conditions of article 6.3 of the CGV.

Article 7: Artificial Intelligence Features

The Platform includes AI features that rely on Third-Party AI Providers (currently Anthropic). The user acknowledges and accepts that:

Technological dependence: the provision of these features depends entirely on the availability, terms and prices of these third-party providers; the Company cannot be held liable for their interruptions, API changes or access restrictions.
No warranty on results: AI-generated results are provided "as is"; the Company does not guarantee their relevance, accuracy, reliability, originality or legal compliance.
Duty to check: the user is solely responsible for testing, checking and validating the technical operation and legal compliance of the Generated Application before it goes live, particularly in any sensitive context (medical, legal, financial or safety-critical).
No uniqueness: generated results may be identical or similar to those produced for other users who made similar requests.

Transparency under Regulation (EU) 2024/1689 (the "AI Act"): the Company is the provider of the AI system constituting the Platform, and a downstream provider of a general-purpose AI model operated by a third party. Accordingly:

Interaction with an AI: any conversation held in the Platform is with an AI system and not with a natural person. Messages produced by the system are identified as such in the interface.
Marking of generated content: editorial text content generated for the Generated Application is accompanied by a machine-readable provenance marking, delivered with the project. Generated source code is not subject to this marking obligation.
User as deployer: by publishing the Generated Application, the user acts as a deployer within the meaning of the AI Act. Where applicable, it is for them to disclose AI-generated content that they publish with the purpose of informing the public on matters of public interest, unless that content has undergone human review and they assume editorial responsibility for it.

High-risk systems: The user undertakes not to use the Platform to design a high-risk AI system within the meaning of Annex III of the AI Act without the Company's prior written agreement. Failing that, they would be the provider within the meaning of article 25 of the Regulation and would alone assume all of the related obligations. The Company undertakes, under a separate written agreement, to provide the information and technical assistance required by article 25(4).

Article 8: Availability and Obligation of Means

The Services and hosting are provided through a pooled (shared) server infrastructure. The user is expressly informed of the characteristics, standardised architecture and technical limits of such pooling, and it is for them to ensure that the Platform is suited to their needs.

All of the Company's obligations are obligations of means. The Company endeavours to ensure the continuity and security of the service but cannot guarantee 100% uninterrupted or bug-free access. Application availability terms (SLA) are set out in the CGV.

Article 9: Suspension and Termination

The Company may suspend or close the user's access, without notice or compensation, in the event of a breach of these CGU, abusive use of the infrastructure or AI features, non-payment (under the conditions of the CGV), or on notification of manifestly illegal content.

The user may stop using the Platform at any time. Subscription termination, notice, data reversibility and refund terms are governed by the CGV.

Article 10: Personal Data

Data protection: The processing of personal data in connection with use of the Platform is described in the Privacy Policy, which forms an integral part of the contractual framework. Users are invited to read it to learn about the data processed, the subcontractors, the retention periods and how to exercise their rights under the GDPR.

Article 11: Changes to the CGU and Governing Law

The Company reserves the right to amend these CGU at any time to adapt them to changes in the Platform or in regulations. The applicable version is the one in force on the date the Platform is used; the user is informed of substantial changes on a durable medium.

These CGU are governed by French law. Any dispute relating to their interpretation, validity or performance shall, failing an amicable resolution, be submitted to the exclusive jurisdiction of the competent courts under the conditions set out in the article "Governing Law and Jurisdiction" of the CGV.