SaaS Technology Platform: Kubbler
Last updated: October 2026. In case of discrepancy, the French version prevails.
These General Terms of Sale and Service (hereinafter the "Terms") govern access to and use of the services provided by Async Code, a single-shareholder simplified joint-stock company (SASU) with a share capital of EUR 100, whose registered office is at 14 rue Perronet, 92150 Suresnes, France, registered with the Nanterre Trade and Companies Register under number 952 918 936 (hereinafter the "Company").
The Company's customer, whether an individual or a business, is hereinafter the "Customer". The Company and the Customer are collectively the "Parties".
The Company's purpose, in France and abroad, is:
The Customer acknowledges that the Services are standardised and automated. No personalised quote is issued unless the Customer explicitly and specifically requests one through the Company's official support channels. The Services are accessed exclusively by subscribing to the subscription plans on the Company's platform.
The applicable prices are those of the price list published on the site on the day of subscription. They are fixed and non-negotiable, stated in euros excluding tax (HT), plus VAT at the statutory rate in force (20%):
Payment must be made by the payment methods made available by Stripe, in particular bank card. The Customer expressly agrees that their banking details are kept by Stripe, the Company's secure payment provider, for the execution of recurring charges.
The Maintenance & Hosting subscription is concluded with no minimum commitment beyond the first month of activity. The Customer may terminate their subscription at any time, without notice, directly from their customer area: the subscription remains active until the end of the monthly period already paid, then ends. Sums already paid to the Company remain definitively acquired and will not be refunded on a pro rata basis.
In accordance with article L.221-28, 1° and 13° of the French Consumer Code, a Customer acting as a consumer (individual) acknowledges and expressly accepts that provision of the Services involves the instant digital generation of the Generated Application as soon as payment is confirmed.
Accordingly, the Customer expressly requests immediate performance of the Services before the end of the statutory fourteen (14) day period and thereby expressly waives their right of withdrawal. No refund of the Initial Fee or of the Subscription may be demanded on that basis.
The Provider may need to change the subscription price, in particular to pass on changes in the cost of the technologies and infrastructure required for the service (subject to inflation in cloud infrastructure server costs, API costs or other costs).
Where a price change is planned, the Provider will inform the Customer on a durable medium (by email) at least thirty (30) days before the new pricing takes effect.
In accordance with article L. 224-22 of the French Consumer Code, the Customer may then terminate the contract without penalty and without compensation, by written notice, within four (4) months after the change takes effect. Failing termination within that 4-month period, the new pricing will be deemed definitively applicable.
In the event of a rejected charge, an expired bank card or non-payment of an instalment, and after a reminder email has remained unanswered for 8 calendar days:
Express Termination Clause: The Company is legally entitled, by operation of law and without further notice, to immediately suspend access to the platform, cut the cloud hosting, and make the Customer's Generated Application completely inaccessible on the Internet. The Company disclaims all liability for any loss of data, traffic, customers or revenue suffered by the Customer as a result of this legitimate cut-off for non-payment.
The Customer is solely and entirely responsible for the confidentiality and security of the login credentials (emails, passwords) giving access to their area on the Company's platform. Any operation carried out from the Customer's account is deemed to have been carried out by the Customer.
To operate the automated system and allow the Generated Application to be deployed, the platform needs to handle technical secrets (deployment passwords, third-party API keys, security tokens, database credentials).
The Company depends on the operational continuity and technical availability of SharedEnv's infrastructure. Accordingly:
Subject to full and effective payment of the subscriptions due by the Customer, the Company grants the Customer a personal, limited, non-exclusive, non-transferable, non-assignable, worldwide and revocable licence to access and use the Company's Scaffold and the Services.
This licence is granted exclusively for the Customer's needs, to allow them to operate their Generated Application and make it available to their own end users, in strict compliance with the subscription plan taken out. No ownership right and no other right not expressly granted herein is transferred to the Customer. For the avoidance of doubt, this licence carries no right to access or retrieve the source files of the Scaffold or the underlying code.
The Services, the Kubbler platform, the technologies, algorithms, trademarks, logos, graphic charters, server configurations, and the entire Company Scaffold (including without limitation: source code, object code, software architectures, pre-built database configurations, methodologies, trade secrets and templates developed by the Company) are and remain the exclusive industrial and intellectual property of the Company or its licensors.
This contract does not transfer any intellectual property or underlying code to the Customer, who expressly acknowledges this.
The Customer is expressly informed that the Company Scaffold and the Generated Application incorporate, rely on or interact with third-party code building blocks, frameworks and software libraries distributed under free licences (so-called Open Source, such as MIT, Apache, BSD, etc.).
The usage licence granted by the Company is performed in strict compliance with these underlying open source licences. The Company disclaims all liability in the event of later changes to distribution terms, obsolescence, loss of maintenance or discovery of security flaws inherent in these third-party components, which it does not develop directly.
The Kubbler solution and the Scaffold rely on third-party technologies and components (including, but not limited to, Next.js, React, and various third-party APIs and libraries).
Accordingly, the Company grants no warranty against eviction, whether express, statutory or implied, in respect of these software building blocks, components, APIs or third-party technologies. The Company cannot be held liable, and no action for infringement, claim or challenge of intellectual property rights (in particular relating to US, European or international patents) may be brought against it by the Customer because of the use of these third-party components.
Should a third party challenge the use of one of these building blocks, the Company would endeavour, as far as possible and on a best-efforts basis, to propose a technical workaround or replacement, without this constituting an obligation of result or giving rise to any compensation or refund for the Customer.
The Kubbler platform includes Artificial Intelligence features that rely on third-party services, currently Anthropic (Claude).
The Customer is informed that all of the materials, software architecture, graphic mock-ups and source code making up the platform and the Scaffold are subject to strict protective measures intended to certify their prior existence and exclusive ownership. Accordingly, the Company has made official deposits of its techno-structures with approved bodies, in particular:
The Customer is expressly forbidden, directly or through a third party, from:
Any breach of these restrictions constitutes a serious breach of contract, resulting in immediate termination of the usage licence and closure of the Customer's account without notice, without prejudice to any judicial, civil and criminal proceedings the Company may bring for infringement, breach of trade secrets and unfair competition.
The Customer retains full and exclusive ownership of their prompts (the instructions they enter) and their Customer Content (images, logos, imported texts, specific data).
The Customer grants the Company a technical, worldwide, non-exclusive, royalty-free licence, transferable (only to its technical subcontractors and strictly for the purposes of providing the Services), to host, use, reproduce and display this content and these prompts, as necessary for the operation, technical optimisation, automated deployment and maintenance of their Generated Application and the Company's Services. The Customer warrants that they hold all rights and authorisations necessary over this content and that it infringes no third-party rights.
To the extent that intellectual property rights exist in the content specific to the Generated Application and derived from the Customer's prompts (texts, images, structural and design choices), the Company assigns those rights to the Customer, for the duration of their protection and worldwide. This assignment excludes the Scaffold, the Platform and their components, which remain governed by articles 5.1 to 5.3. It is granted subject to third-party rights, in particular those relating to AI models, their training data and open source components.
Given the legal uncertainty over the protection of AI-produced content, the Company does not guarantee that these results are protectable or that they are free of third-party rights. Identical or similar results may be produced for other users who made similar requests, without this constituting an infringement of the Customer's rights.
The Customer 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:
Failure to comply with this charter entitles the Company to suspend the Customer's account immediately and without compensation.
The purchase, registration, payment and annual renewal of the domain names (e.g. .com, .fr) required to operate the Generated Application are exclusively and entirely the Customer's responsibility.
It is for the Customer to buy their domain name from a third-party registrar (e.g. OVH, Gandi, Namecheap) and to configure their DNS zones and servers to point to the IP address of the infrastructure provided by the Company.
The Company disclaims all liability for site outages, loss of traffic or cybersquatting resulting from incorrect DNS configuration by the Customer or from failure to renew their domain name with their registrar.
The Customer holds the Company harmless against any claim, action or judgment brought by a third party and based on (i) the content, prompts or data they provide, (ii) the operation or publication of their Generated Application, including AI-produced results that they chose to put online, or (iii) a breach of these Terms. They indemnify the Company for the resulting damages, defence costs and reasonable legal fees.
The Company informs the Customer of the claim within a reasonable time and does not settle without the Customer's agreement, which may not be withheld without legitimate reason. This warranty does not apply to the extent that the damage results from gross negligence or wilful misconduct of the Company.
The Company is subject to a duty of information and advice as an IT service provider. The Customer is expressly informed, understands and accepts that the Services and hosting are provided through a pooled (shared) server infrastructure. The Company has fulfilled its duty by alerting the Customer to the characteristics, standardised architecture and technical limits of such pooling. It is for the Customer to ensure that the platform is suited to their particular professional needs.
The Company undertakes to bring all the care, diligence, tools and skills necessary to run its software automations and keep the infrastructure operational. However, the Parties expressly agree that all of the Company's obligations under these Terms are obligations of means. The Company cannot guarantee 100% uninterrupted or bug-free access.
The Company undertakes to implement logical security measures in line with the state of the art to ensure strict isolation of its pooled server spaces. It warrants that the automation scripts and database architectures are structured so that one customer of the platform can never access another customer's data. The Company undertakes to continuously monitor the overall load (CPU, RAM, bandwidth) of the infrastructure in order to prevent or throttle any abusive use by a Customer (a "noisy neighbour") that would degrade the performance and stability of other users' services.
The Company's natural-language generation tool technically relies on API integration of models developed by Third-Party AI Providers. The Company depends on the operational continuity, performance, processing speed and contractual terms of these external providers. Accordingly, the Company can in no event guarantee the longevity, algorithmic stability, or total absence of interruption of the Services linked to the tools of these Third-Party AI Providers.
Subscription plans include automated access to the Third-Party AI Providers' APIs sized for standard human use. The Customer shall not use external scripts, mass automated requests or robotic behaviour intended to saturate the platform's AI gateway. In the event of abnormal, disproportionate or abusive consumption of compute tokens that is likely to compromise the economic viability or stability of the platform, the Company reserves the right, by operation of law, to throttle the generation speed of the Customer's account, temporarily suspend its access to the AI tools, or apply additional billing after warning.
Generative artificial intelligence carries inherent risks of logical errors, bias or factually inaccurate data (hallucinations).
The Company is the provider of the AI system constituting the Platform within the meaning of article 3 of the Regulation, and a downstream provider of a general-purpose AI model operated by a third party. The Platform is not a high-risk AI system within the meaning of article 6 and Annex III of the Regulation. It meets the transparency obligations of article 50: conversational surfaces signal interaction with an AI, and generated editorial text content is delivered with a machine-readable provenance marking.
The Customer shall not use the Platform to design, train or operate a high-risk AI system within the meaning of Annex III of the Regulation without the Company's prior written agreement. Failing that, the Customer would be the provider within the meaning of article 25(1) of the Regulation and would alone assume all of the related obligations, in particular conformity assessment and registration. The Company undertakes, under a separate written agreement, to provide the Customer with the information, capabilities and technical assistance required by article 25(4). The Customer acts as deployer within the meaning of the Regulation for the Generated Application they publish.
The Customer acknowledges and accepts that the Company does not own the physical data centres and acts exclusively as a second-tier host and managed-services provider. The hardware infrastructure, physical servers, connectivity and telecommunications networks used to run the Services are leased from specialised third-party providers, mainly OVHcloud (the "Infrastructure Subcontractor").
Accordingly, the Company's commitments on availability and hardware security are strictly limited to those given to it by the Infrastructure Subcontractor. The Company is subject to a mere obligation of means as regards monitoring this infrastructure.
The Company cannot be held liable for any direct or indirect damage resulting from a hardware failure specific to the Infrastructure Subcontractor's infrastructure, power or global Internet outages or fluctuations, large-scale denial-of-service (DDoS) attacks, acts of cyberterrorism, fires, floods, water damage or any other disaster affecting that subcontractor's data centres. The Parties expressly agree that such events, when they paralyse the third-party infrastructure, constitute force majeure and an act of a third party that fully exonerates the Company.
The Company endeavours to maintain an application availability rate of 99.5% for the platform, calculated on an annual basis (excluding force majeure and Infrastructure Subcontractor failures referred to in article 9.1).
Interruptions linked to planned preventive or corrective maintenance (in particular during off-peak hours between 00:00 and 05:00 Paris time) are not counted as unavailability.
If this rate is not reached over the year, and if the Customer is a business (B2B), the Company's liability will be strictly limited, as flat-rate and full-discharge compensation, to a credit note corresponding to the pro rata period of recorded unavailability, applied to the following month's invoice, to the exclusion of any other indemnity or damages.
In connection with the storage and processing of personal data passing through the Generated Application, the Customer acts as Data Controller and the Company acts as technical Processor within the meaning of article 28 of the GDPR. The detailed terms of processing are set out in the Data Processing Agreement (DPA), a contractual document published and versioned on the Company's site, accessible from the footer and annexed to these Terms, of which it forms an integral part. It is accepted by accepting these Terms; in case of conflict, it prevails over these Terms on everything concerning the protection of personal data. The Company undertakes to keep a record of processing activities carried out as a processor and to carry out processing only on the Customer's documented instructions.
By accepting these Terms, the Customer grants the Company general written authorisation to engage the following third-party providers as sub-processors:
The Company warrants that all servers hosting Customer Content, databases, files and backups are strictly located in the territory of the European Union (France), at OVHcloud and SharedEnv. Code generation processing is an exception: it is carried out by Anthropic PBC in the United States, under the standard contractual clauses adopted by the European Commission pursuant to article 46.2.c of the GDPR, incorporated into that provider's commercial terms. In accordance with article 28.2 of the GDPR, the Company informs the Customer of any planned change involving the addition or replacement of a sub-processor, and gives the Customer the opportunity to object.
Essential security guarantee: the Company contractually undertakes to configure the access gateways and APIs with the Third-Party AI Providers on a strictly commercial basis, so as to ensure that neither the Customer Content, nor the prompts, nor the personal data of the Customer's end users are used by these third-party providers to train, teach or improve their general artificial intelligence models.
In the event of a security compromise, hacking of the shared server or a data leak linked to the platform's scripts, the Company undertakes to notify the Customer in writing within a maximum of 48 hours of becoming aware of it, so that the Customer can meet its obligation to notify the CNIL within the statutory 72-hour period.
In accordance with article 6 of the French Law on Confidence in the Digital Economy (LCEN), the Company acts as a technical storage provider for content published on the Generated Application. It carries out no general monitoring, no moderation, and no editorial control over the Customer's activity or commercial transactions.
On expiry of the contractual relationship or following termination of the subscription by either Party, the Customer has a right to retrieve their data.
On expiry of the reversibility period mentioned above, and in order to comply with GDPR requirements, the Company will carry out a complete, definitive and secure purge of all data, files and backups linked to the Customer's account across the whole pooled infrastructure. No copy will be kept.
13.1 Overall Contractual Financial Cap IF THE COMPANY'S LIABILITY WERE TO BE ESTABLISHED BY A FRENCH COURT IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES (CONFIGURATION BUG, APPLICATION UNAVAILABILITY, SOFTWARE FLAW), THE TOTAL CUMULATIVE AMOUNT OF DAMAGES AND ANY COMPENSATORY INDEMNITY TO WHICH THE CUSTOMER MAY BE ENTITLED SHALL BE CAPPED AT THE AMOUNT OF THE SUMS ACTUALLY RECEIVED BY THE COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
In no event shall the Company be required to compensate indirect or consequential losses suffered by the Customer or its end users. The following are expressly excluded from any right to compensation: loss of revenue, loss of commercial profit, loss of operations or productivity, loss of data within the databases (outside the backup scope), loss of customers, or damage to reputation and brand image.
The exclusions and caps in this article do not apply in the event of gross negligence or wilful misconduct, personal injury, or breach of an essential obligation of the contract to the extent that this would deprive that obligation of its substance. They apply without prejudice to the rights that a Customer who is a consumer holds under the mandatory provisions of the Consumer Code.
These Terms are governed exclusively by French law.
ANY DISPUTE RELATING TO THE INTERPRETATION, VALIDITY OR PERFORMANCE OF THESE TERMS, FAILING AMICABLE RESOLUTION BETWEEN THE PARTIES, SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF NANTERRE, EVEN IN THE EVENT OF SUMMARY PROCEEDINGS, THIRD-PARTY WARRANTY CLAIMS OR MULTIPLE DEFENDANTS.