Mentions légales
1. Definitions
“Account”: refers to a User’s individualized and dedicated digital environment which allows access to the Solution.
“Administrator”: refers to any natural person expressly authorized by the Client to manage the Solution and access to Users Account.
“Agreement”: refers to the contractual agreement between the Parties, consisting of the Special Terms, the General Terms, the Annexes and any amendment thereto.
“Annexes”: refers to Annexes 1 and 2.
“Client”: refers to the legal entity which concludes the Agreement with Presti.
“General Terms”: refers to the present terms.
“Input”: refers to data, including information, text, images, video, personal data, and content in any format provided by the Client when using the Solution.
“Presti”: refers to Teker AI SAS, a company incorporated and registered under the laws of France, having its registered office at 7 rue Ernest Renan, 75015, Paris (France) and with registration number 917 494 114 R.C.S Paris.
“Intellectual Property Rights”: refers to any right, registered or not, including patents and patent applications, trademarks and trademark applications, designs, copyright including copyright applicable to software, related rights including producers’ rights and performers’ rights, sui generis rights, including database producer’s rights, and any other related rights including rights applicable to domain names, company name, names and trading names, rights related to know-how and business information, trade secret or any equivalent protection that exists in the world.
“Offer”: refers to the commercial offer subscribed by the Client in the Solution.
“Output”: refers to any image or visual content generated by the Solution in response to the Input provided by the Client.
“Party”: refers to, in the singular, individually, Presti or the Client, and in the plural, collectively, Presti and the Client.
“Personal Data Regulation”: refers to the regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as the French Law n° 78-17 of 6 January 1978 in its latest version in force.
“Solution”: refers to the online service accessible at https://app.presti.ai/ and all of its subdomains.
“Special Terms”: refers to any specific terms agreed upon between Presti and the Client to define the terms of their collaboration (whether in the form of a document entitled “Special Terms”, choices made in the Account or written exchanges between the Parties).
“User”: refers to any person having access to an Account.
“Downloaded Output”: refers to any image or visual content downloaded by the Client through the act of clicking on the “Download” button within the Solution, in response to the Input provided by the Client.
2. Purpose and scope of the general terms
Presti is a technological service that enables the Client to create visuals for selling furniture using generative artificial intelligence.
The purpose of the General Terms is to govern the conditions under which the Clients and Users may use the Solution.
3. Contractural document and hierarchy
The Agreement consists of the Special Terms, the General Terms and the Annexes.
Should there be any contradiction between these documents, they will prevail on one another according to the following hierarchy:
- The Special Terms
- The Annexes
- The General Terms
If the Parties wish to include other documents within the scope of the Agreement, they must agree in writing and specify their articulation with the existing documents.
4. Undertakings of the client
4.1 Fair and lawful use
The Client undertakes to:
- Prevent any access to the Solution or the Account by unauthorized third parties
- Prevent any behavior or action likely to harm, unbalance or disrupt the Solution
- Not cause bugs or malfunctions of the Solution, in particular by downloading content containing viruses or any program that could lead to the destruction of data or the introduction of bugs of any kind
- Not upload, integrate or enter any illicit content in the Solution, in particular content that violates an intellectual property right
- Ensure it has all necessary legal or contractual authorizations to use the Input within the Solution
- Not harm, directly or indirectly, Presti’s reputation or image
- Not take advantage of the Agreement and the technologies made available to compete with Presti
- Comply with the laws and regulations in force in the country in which the Client is established
More generally, the Client undertakes to make fair and non-excessive use of the Solution and to use the Solution in accordance with its purpose.
4.2 Compliance with the Agreement
The Client expressly declares that it has the legal capacity and the necessary powers to conclude the Agreement in its own name.
The Client undertakes to comply with every provision of the Agreement and ensure that its Administrators and Users comply with the Agreement and any documents governing the use of the Solution.
The Client understands and accepts that it is solely responsible for the use made of the Accounts and the Solution.
5. Undertakings and guarantees of Presti
5.1 Provision of the Solution
Presti undertakes to provide the Client with the Solution according to the specifications of the Special Terms and the chosen Offer.
Presti undertakes to make the Solution available twenty-four hours a day, seven days a week, except in case of force majeure, third-party disruption, or maintenance operations.
Due to internet network specificities, Presti cannot guarantee permanent availability of the Solution.
5.2 Support and maintenance
Presti shall maintain the Solution.
In the event of a malfunction or maintenance lasting more than 8 hours, Presti shall notify Users via the email address specified in the Account.
Support requests regarding the Solution shall be sent to:
Presti undertakes to respond according to the chosen Offer and use its best efforts to resolve incidents.
6. Financial terms
The Client is entitled to a free trial version of the Solution, which includes 5 prompts with limited features.
Additional features are available through paid subscription plans depending on the Offer selected by the Client.
The details of each Offer can be found at:
The Client undertakes to pay the amount due in accordance with the terms of the Offer selected.
In the event of non-payment of an invoice, any sum due will bear interest equal to three times the legal interest rate, increased by a fixed recovery fee of forty euros.
7. Guarantees
7.1 Guarantees of the Client
The Client guarantees that it holds all rights and permissions required to use the Solution and the Input.
The Client indemnifies Presti against any action, claim or demand from a third party arising from the violation of any applicable rule relating to the use of the Solution.
7.2 Guarantees of Presti
Presti guarantees the proper provision of the Solution in accordance with the Agreement.
8. Liability of the Client
The Client is exclusively responsible for damages caused by its use of the Solution, the Input and the Output.
The Client acknowledges that the Solution is based on artificial intelligence and that:
- Presti does not control the Output generated
- the Output may not be unique
Presti shall have no liability regarding the content, processing or use of the Output.
9. Intellectual Property
9.1 Rights on the Solution
The Solution and all its components are protected by Intellectual Property Rights.
A license to use the Solution is granted by Presti to the Client.
9.2 Rights associated with the Input
The Client remains the owner of the Input and guarantees it holds all necessary rights to communicate it through the Solution.
9.3 Rights associated with the Output
Presti assigns all Intellectual Property Rights it may have on the Downloaded Output to the Client.
The Client acknowledges that the use of the Output is under its sole responsibility.
10. Duration, suspension and termination
10.1 Duration
The General Terms apply for an indefinite period from their acceptance.
10.2 Suspension
Presti may suspend access to the Solution in the following cases:
- breach of the Agreement
- excessive use of infrastructure
- payment incident
- security breach
Access may be restored when the cause of suspension has ceased.
10.3 Termination
In the event of a serious breach, the Agreement may be terminated by notification via email detailing the breach.
Examples of serious breaches include:
For the Client:
- failure to pay agreed sums
- fraud or irregular use of the Solution
- integration of illicit content
For Presti:
- failure to provide access to the Solution for a significant period.
Termination entails the end of licenses and access to the Solution.
11. Personal Data
The Parties undertake to comply with the Personal Data Regulations.
The Client acts as the data controller for personal data contained in the Input, and Presti acts as a data processor.
Processing is governed by Annex 2.
12. Modification Agreement
Presti reserves the right to modify the Solution and the General Terms for regulatory or technological reasons.
Presti shall notify the Client of such modifications.
Unless required by law or urgent circumstances, changes become applicable after a period of 60 days.
The Client may terminate the Agreement within this period if it refuses the modifications.
13. Miscellaneous
13.1 Severability
If any provision of the Agreement is held invalid, the remaining provisions shall remain in force.
13.2 Assignment and change of control
The Client may not assign the Agreement without prior written consent of Presti.
In the event of a merger or change of control affecting Presti, the contractual relations will persist.
13.3 Non-renunciation
Failure by either Party to enforce a provision of the Agreement does not constitute a waiver of that right.
14. Governing Law and Jurisdiction
The Agreement is governed by French law.
Any dispute relating to the Agreement shall be submitted to the exclusive jurisdiction of the Paris Commercial Court.
Annex 1 – Licence to use the solution
1. Purpose of the annex
The present annex defines the terms and conditions according to which Presti grants the Client, who accepts it, a licence to use the Solution.
2. Scope of the licence
Presti grants the Client a non-exclusive, non-assignable and non-transferable right to use the Solution.
The licence is granted from the date of acceptance of the General Terms, for the entire duration of the General Terms, worldwide.
3. Purpose of licence and licence rights
The licence is granted for the sole use of the Solution by the Client and its Users, for professional uses, for the sole needs and interests of the Client, which includes the features offered by the Solution.
All rights which are not expressly granted by the General Terms remain Presti’s property, are not part of the rights granted and therefore are for Presti’s exclusive use.
Annex 2 – Data protection agreement
1. Purpose and scope
The purpose of these Standard Contractual Clauses (the “Clauses”) is to ensure compliance with article 28(3) and (4) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”).
The controllers and processors have agreed to these Clauses in order to ensure compliance with article 28(3) and (4) of GDPR.
These Clauses apply to the processing of personal data as specified in Appendix I.
Appendices I and II are an integral part of the Clauses.
These Clauses are without prejudice to obligations to which the controller is subject by virtue of GDPR.
These Clauses do not by themselves ensure compliance with obligations related to international transfers in accordance with Chapter V of GDPR.
5. Description of processing(s)
The details of the processing operations, in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the controller, are specified in Appendix I.
6. Obligations of the parties
6.1 Instructions
The processor shall process personal data only on documented instructions from the controller, unless required to do so by Union or Member State law to which the processor is subject.
In this case, the processor shall inform the controller of that legal requirement before processing, unless the law prohibits this on important grounds of public interest.
Subsequent instructions may also be given by the controller throughout the duration of the processing of personal data. These instructions shall always be documented.
The processor shall immediately inform the controller if, in the processor’s opinion, instructions given by the controller infringe GDPR or the applicable Union or Member State data protection provisions.
6.2 Purpose limitations
The processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Appendix I, unless it receives further instructions from the controller.
6.3 Duration of the processing of personal data
Processing by the processor shall only take place for the duration specified in Appendix I.
6.4 Security of processing
The processor shall at least implement the technical and organisational measures specified in Appendix II to ensure the security of the personal data.
This includes protecting the data against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to the data (personal data breach).
In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved for the data subjects.
The processor shall grant access to the personal data undergoing processing to members of its personnel only to the extent strictly necessary for implementing, managing and monitoring of the contract.
The processor shall ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
6.5 Sensitive data
If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for identification, health data or data concerning a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (“sensitive data”), the processor shall apply additional safeguards.
6.6 Documentation and compliance
The Parties shall be able to demonstrate compliance with these Clauses.
The processor shall deal promptly and adequately with inquiries from the controller about the processing of data.
The processor shall make available to the controller all information necessary to demonstrate compliance with these Clauses and GDPR.
At the controller’s request, the processor shall permit and contribute to audits.
The controller may conduct the audit itself or mandate an independent auditor.
The controller undertakes to bear the costs of the audit.
The Parties shall make the information available to supervisory authorities upon request.
6.7 Use of sub-processors
The processor has the controller’s general authorisation for the engagement of sub-processors from an agreed list.
The processor shall inform the controller in writing of any intended changes to that list sufficiently in advance.
Where the processor engages a sub-processor for processing activities, it shall do so through an agreement imposing the same data protection obligations.
The processor remains fully responsible for the performance of the sub-processor.
The processor shall notify the controller of any failure by the sub-processor to fulfil its obligations.
6.8 International transfers
Any transfer of data to a third country or international organisation shall only take place on documented instructions from the controller or to comply with Union or Member State law.
Transfers must comply with Chapter V of GDPR.
Where a sub-processor performs processing involving transfers, the Parties may rely on Standard Contractual Clauses adopted by the European Commission.
7. Assistance to the controller
The processor shall promptly notify the controller of any request received from a data subject.
The processor shall assist the controller in responding to data subjects exercising their rights.
The processor shall also assist the controller in ensuring compliance with GDPR obligations, including:
- carrying out data protection impact assessments
- consulting supervisory authorities
- ensuring accuracy of personal data
- complying with article 32 GDPR security requirements
The Parties shall set out in Appendix II the technical and organisational measures used to provide this assistance.
8. Notification of personal data breach
In the event of a personal data breach, the processor shall cooperate with and assist the controller to comply with articles 33 and 34 of GDPR.
8.1 Data breach concerning data processed by the controller
The processor shall assist the controller in:
- notifying the supervisory authority
- providing information required under article 33(3) GDPR
- communicating the breach to affected data subjects where necessary
8.2 Data breach concerning data processed by the processor
The processor shall notify the controller without undue delay after becoming aware of the breach.
The notification shall include:
- description of the breach
- number and categories of data subjects concerned
- consequences of the breach
- measures taken to mitigate the breach
Where information is incomplete, it shall be provided progressively.
9. Non compliance with the clauses and termination
Without prejudice to GDPR, if the processor breaches these Clauses, the controller may instruct suspension of processing.
The controller may terminate the Agreement if:
- compliance is not restored within a reasonable time
- the processor is in substantial or persistent breach
- the processor fails to comply with a binding decision of a competent authority
The processor may terminate the Agreement if the controller insists on unlawful instructions.
Following termination, the processor shall delete or return all personal data unless retention is required by law.
10. Invariability of the clauses
The Parties undertake not to modify the Clauses except for updating information in the Appendices.
Additional clauses may be included provided they do not contradict these Clauses.
11. Interpretation
Where these Clauses use terms defined in GDPR, those terms shall have the same meaning.
These Clauses shall be interpreted in light of GDPR.
12. Hierarchy
In the event of contradiction between these Clauses and the Agreement, these Clauses shall prevail.
APPENDIX I – Description of the processing
Categories of data subjects
Any person whose personal data are communicated within the Input.
Categories of personal data processed
Any type of personal data communicated within the Input.
Nature of the processing
Any processing required by the Client in the Input.
Purpose of processing
Functioning of the Solution.
Duration of processing
Duration of the contractual relationship with the Client unless shorter retention periods apply.