Terms of Service - Qwairy

1. Introduction

Qwairy SAS, a French simplified joint-stock company (Société par actions simplifiée) registered under SIREN 944 639 012, with its registered office at 1 Rue de Stockholm, 75008 Paris, France ("Qwairy," "we," "us"), provides a Generative Search Optimisation (GEO) software-as-a-service platform (the "Service"). These Terms of Service ("Terms") govern all access to and use of the Service by any individual or entity ("User," "you").

By creating an account, clicking "I agree," or otherwise using the Service, you accept these Terms and agree to be legally bound by them.

2. Definitions

• Account – a unique profile created by or for a User to access the Service.
• Credits – units consumed when executing queries or other operations within the Service.
• Subscription – a paid, recurring plan (Starter, Growth or Enterprise) chosen by the User.
• Pricing Policy – the current pricing schedule published by Qwairy (see attachment).

3. Eligibility & Account Registration

You must be at least 18 years old and have the legal capacity to contract. You agree to provide accurate information and keep it up to date. You are responsible for all activities that occur under your Account.

4. Description of the Service

Qwairy's GEO platform allows Users to analyse and optimise their visibiliy in Generative such engines. Functionality may evolve; material changes will be communicated in advance.

5. Subscriptions, Fees & Billing

5.1 Plans & Prices

Fees are set out in the Pricing Policy and are exclusive of applicable taxes (e.g., VAT).

5.2 Billing Cycle

Subscriptions renew automatically at the end of each billing period (monthly or annual).

5.3 Free Trial

A one-time 7-day trial with 1 000 credits is available. Unless cancelled before the trial ends, the selected paid plan will be charged automatically.

5.4 Annual Option

Annual subscriptions are invoiced up front with two months free (12 months for the price of 10).

5.5 Additional Credits

You may purchase extra credits at the unit price shown in the Pricing Policy; unused credits expire at the end of the billing period.

5.6 Payment Method

Fees are payable by credit card.

5.7 Late or Failed Payments

We may suspend or terminate the Service if payment is not received on time.

5.8 Price Changes

We may modify prices with at least 30 days' prior notice. Continued use after the effective date constitutes acceptance.

6. Permitted Use & Restrictions

You agree not to:

• use the Service in breach of law;
• reverse-engineer or interfere with the Service;
• transmit malicious code;
• resell or sublicense the Service without written permission.

7. Intellectual Property

All software, trademarks and content provided by Qwairy remain Qwairy's sole property or that of its licensors. We grant you a non-exclusive, non-transferable, revocable licence to use the Service during a valid Subscription.

8. User Content

You retain ownership of content you input or generate ("User Content"). You grant Qwairy a worldwide licence to host, process and display User Content solely to provide the Service.

9. Data Protection & Privacy

Qwairy processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and our Privacy Policy. The data controller is Qwairy SAS (VAT FR 65 944 639 012).

10. Confidentiality

Each party must protect the other's confidential information with at least reasonable care and may use it only to perform obligations under these Terms.

11. Warranties & Disclaimer

The Service is provided "as is" and "as available." Except as expressly stated, Qwairy disclaims all warranties (express or implied) including merchantability, fitness for a particular purpose and non-infringement.

12. Limitation of Liability

To the maximum extent permitted by law, Qwairy's aggregate liability arising out of or relating to the Service will not exceed the total fees paid by you during the 12 months preceding the claim. Qwairy shall not be liable for indirect, consequential, special or punitive damages.

13. Indemnification

You agree to indemnify and hold harmless Qwairy, its officers, directors and employees against any claims arising from your breach of these Terms or misuse of the Service.

14. Term & Termination

Either party may terminate for convenience at any time effective at the end of the current billing cycle. Qwairy may terminate or suspend the Service immediately for material breach, non-payment or unlawful use. Upon termination, your licence ends and all outstanding fees become due.

15. Governing Law & Jurisdiction

These Terms are governed by French law. Any dispute shall be submitted to the exclusive jurisdiction of the Tribunal de Commerce de Paris, unless otherwise required by mandatory law.

16. Changes to the Terms

We may update these Terms periodically. Material changes will be notified by email or via the Service at least 30 days before they take effect.

17. Miscellaneous

If any provision is held invalid, the remaining provisions remain in force. Neither party may assign these Terms without the other's written consent, except in connection with a merger or acquisition. Force-majeure events excuse performance for their duration.

18. Contact