Terms of Service - Qwairy
Last updated: 14 April 2026
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.
The Service is primarily intended for professional customers (businesses and self-employed individuals acting in the course of their commercial activity). Where you qualify as a consumer within the meaning of the French Consumer Code (Code de la consommation), mandatory consumer-protection provisions apply in addition to, and prevail over, any conflicting provision of these Terms.
2. Definitions
- Account: a unique profile created by or for a User to access the Service.
- Credits: units consumed when executing prompts or other operations within the Service.
- Subscription: a paid, recurring plan chosen by the User.
- Pricing Policy: the current pricing schedule published on the Qwairy website.
- Professional Customer: any User acting for purposes relating to their trade, business, craft or profession.
- Consumer: any natural person acting outside their trade, business, craft or profession, as defined by the French Consumer Code.
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 and for safeguarding your credentials.
4. Description of the Service
Qwairy's GEO platform allows Users to analyse and optimise their visibility in AI-powered search 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 Plan
A free plan with limited credits is available. Users may upgrade to a paid plan at any time.
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.
5.6 Payment Method
Fees are payable by credit card through our payment processor Stripe. For annual Subscriptions, payment by bank transfer (SEPA or wire) may be accepted upon written request.
5.7 Payment Terms (Professional Customers)
Unless otherwise agreed in writing, invoices are due upon receipt. The default legal payment term applicable to Professional Customers under French law is thirty (30) days from the date of invoice (Article L441-10 of the French Commercial Code).
5.8 Late Payment: Penalties and Recovery Indemnity (Professional Customers)
This Section 5.8 applies exclusively to Professional Customers. Without prejudice to any damages, any sum not paid on the due date shall automatically and without prior notice bear late-payment interest. Such interest is calculated at the European Central Bank's main refinancing rate in force on the first day of the half-year of the due date, increased by ten (10) percentage points (Article L441-10 of the French Commercial Code).
In addition, any Professional Customer in default shall automatically owe Qwairy a fixed indemnity for recovery costs of forty euros (€40) per invoice (Articles L441-10 and D441-5 of the French Commercial Code). Where the actual recovery costs exceed this amount, Qwairy reserves the right to claim additional compensation upon justification.
In the event of persistent non-payment, Qwairy may suspend or terminate the Service after sending a formal notice that remains without effect for eight (8) days.
5.9 Early Payment Discount
No discount is granted for early payment (escompte pour paiement anticipé).
5.10 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 while your Account is active.
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. This licence terminates upon deletion of the corresponding User Content or upon closure of your Account, subject to any legal retention obligations.
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. Nothing in these Terms limits statutory warranties or rights that cannot be excluded or limited under mandatory law, in particular those applicable to Consumers.
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. This limitation does not apply to liability that cannot be excluded or limited under mandatory law (including liability for gross negligence, wilful misconduct, or personal injury).
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. You may request an export of your data in a machine-readable format following termination, subject to any legal retention obligations.
15. Governing Law & Jurisdiction
These Terms are governed by French law. Any dispute between Qwairy and a Professional Customer shall be submitted to the exclusive jurisdiction of the Tribunal de Commerce de Paris, unless otherwise required by mandatory law. Consumers retain the right to bring proceedings before the courts of their place of residence and may resort to mediation in accordance with Articles L611-1 et seq. of the French Consumer Code.
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. If you do not agree with the updated Terms, you may terminate your Subscription 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.