Terms of sale

Article 1. Purpose and scope

1.1. These terms of sale (the “Terms”) govern access to the AUGMA platform, available at app.augma-ai.com, and its provision by subscription.

1.2. The Service is reserved for professionals acting for the purposes of their business. Sign-up requires a professional e-mail address. The Customer states that it acts as a professional and is not a consumer.

1.3. The Terms apply to every space created, every trial and every subscription. They prevail over the Customer’s purchasing terms, unless both parties sign a written agreement to the contrary.

1.4. The Customer accepts them by ticking the box provided at sign-up, then before each subscription. The accepted version is recorded with its date and remains available to the Customer.

1.5. The legal notice and the privacy policy published on augma-ai.com complete the Terms. In case of conflict, the Terms prevail as regards the contract.

Article 2. Definitions

Article 3. Identification of the Provider

The Augmented Maison, a French simplified joint-stock company with a sole shareholder (SASU) and a share capital of 1,000 euros, registered with the Paris Trade and Companies Register under number 102 880 119 (EUID FR7501.102880119), with its registered office at 47 rue Vivienne, 75002 Paris, domiciled with Vivienne Domiciliation. Represented by Mr Sébastien Pagès, President. Contact: contact@theaugmentedmaison.com.

Intracommunity VAT number: FR46102880119.

Article 4. Free space

4.1. The Customer creates a free space without choosing a plan and without a payment method. There it describes its Maison, prepares its questions and views examples on a fictional Maison, marked as such.

4.2. The free space runs no monitoring campaign. It is subject to no minimum term and no payment. The Provider may delete a free space with no sign-in for twelve months, after notifying the Customer by e-mail thirty days in advance.

Article 5. First look

5.1. The owner of the space may run one free first analysis: five of the Maison’s questions, asked once to ChatGPT and to Claude, that is ten answers.

5.2. The first look is granted once per Maison and per website. The Provider may suspend it temporarily when the daily volume of requests exceeds its capacity. It creates no right to a paid service.

Article 6. Five-day trial

6.1. The Customer activates a trial from its space, after choosing a plan and a billing period. The trial never starts when the account is created.

6.2. A valid payment method is requested at activation. The trial lasts five days from the confirmation of this payment method by the payment provider. Nothing is charged during the trial.

6.3. Whatever the plan chosen, the trial covers one market, ten active questions, the four Systems, three repetitions per question and System, one initial campaign and ten Brand Analyst answers. Audits are not included during the trial.

6.4. Only one trial is granted per Maison and per website. A trial requested in breach of this rule is cancelled before any charge.

6.5. The Customer may cancel the trial at any time from the “Subscription and usage” page. Nothing is then charged and access ends at the end of the trial. Without cancellation, the chosen plan starts at the end of the trial and the first payment is charged on that date.

Article 7. Plans

7.1. The content of each plan is described on the Plans page of augma-ai.com and in the Customer’s space on the date of subscription. The main capacities are as follows.

7.2. A function marked “in delivery” on the Plans page is owed only once it opens. Its absence is not a breach by the Provider.

7.3. The Commerce Impact option costs 79 euros excluding VAT per month on the Start and Growth plans. It is included in the Scale plan. It is a separate monthly subscription, including when the main plan is annual.

Article 8. Prices and VAT

8.1. Prices are in euros excluding VAT. VAT is added at the applicable rate according to the Customer’s billing country. For a Customer established in another Member State of the European Union and holding a valid intracommunity VAT number, the invoice is issued excluding VAT with the mention “Reverse charge”: the Customer accounts for the VAT in its own country. For a Customer established outside the European Union, French VAT does not apply.

8.2. The annual plan is paid in advance, for an amount equal to ten months.

8.3. The Provider may change its prices. The new price applies from the next renewal, provided the Customer was informed by e-mail at least thirty days before. A Customer who refuses may cancel before the renewal.

Article 9. Payment and invoicing

9.1. Payment is made by card or any other method offered by the payment provider Stripe. Payment data is processed by Stripe and does not pass through the Provider’s servers.

9.2. Subscriptions are paid in advance, at the start of each period. Invoices are issued at each charge and remain available in the Customer’s space, under “Subscription and usage”.

Article 10. Late payment and non-payment

10.1. If a charge fails, the Customer is informed by e-mail and new attempts are made. Meanwhile the Customer keeps read access, but no new campaign and no quota-counted processing is started.

10.2. If payment is not settled once the attempts end, the subscription ends. The Customer keeps read access to its data for thirty days.

10.3. Any sum unpaid when due bears interest at three times the French statutory interest rate. It gives rise to the fixed recovery fee of 40 euros provided for by article L441-10 of the French Commercial Code.

Article 11. Term and renewal

11.1. The subscription is entered into for one month or one year, according to the billing period chosen. It imposes no minimum term beyond the current period.

11.2. It renews automatically for the same period, unless cancelled before the end of the current period.

Article 12. Change of plan

12.1. A move to a higher plan takes effect immediately. The price difference is charged pro rata for the time remaining in the current period.

12.2. A move to a lower plan, or from one billing period to the other, takes effect at the next renewal. During the trial the Customer may change plan at no cost.

12.3. When a lower plan takes effect, the items beyond its capacities are disabled, not deleted: questions, competitors and markets. The Customer chooses those it keeps; failing that, pinned items, then the oldest, are kept. Results older than the new history window are no longer shown.

12.4. No change of plan is possible while a payment is due, a cancellation is scheduled or another change is pending.

12.5. When the Customer moves to the Scale plan, the separately subscribed Commerce Impact option ends and the unused part is credited. When it leaves the Scale plan, it may keep Commerce Impact as a paid option.

Article 13. Cancellation and end of the contract

13.1. The Customer may cancel at any time from the “Subscription and usage” page. Cancellation takes effect at the end of the paid period. The Customer may withdraw it until that date.

13.2. Sums paid for the current period remain due. No pro rata refund is owed, including for an annual plan.

13.3. The end of the main plan ends the Commerce Impact option.

13.4. After the end of the contract, the Customer keeps read access to its data for thirty days and may export it according to the functions of its plan. Data is then deleted or anonymised within ninety days, except invoicing data, kept ten years under article L123-22 of the French Commercial Code.

13.5. In the event of a serious breach by either party, not remedied fifteen days after formal notice by e-mail, the other party may terminate the contract without further notice.

Article 14. Quotas and capacities

14.1. Quotas are monthly or weekly depending on the function, including with an annual plan. They renew each period and do not carry over. They are shared by the Maison’s team.

14.2. A use is counted once, even if the processing is restarted for a technical reason. A processing that fails without a result is not counted.

14.3. When a quota or a capacity is reached, the function concerned is suspended until the renewal or until a move to a higher plan. No overage is charged.

14.4. The number of active questions is a total for the Maison, shared between its markets. The Google AI Layer panel has a separate quota.

Article 15. Use of the Service

15.1. The Customer uses the Service to monitor its own Maison, or a Maison for which it holds a mandate. It is responsible for its users’ accounts and the confidentiality of their credentials.

15.2. The following are prohibited: automated access outside the functions provided, resale or provision of the Service to third parties, any attempt to bypass quotas or security measures, and the entry of unlawful content.

Article 16. Nature of the Results

16.1. The Results describe the answers the Systems gave to the monitored questions, on the date they were collected. These answers vary from one query to the next and depend on third-party services the Provider does not control.

16.2. The Results are observations. They guarantee neither that the Maison is cited, nor its ranking, nor any effect on its visibility or revenue. Comparisons between observed desirability and commercial data show no causal link.

16.3. Recommendations, briefs and Brand Analyst answers are produced in part by AI models. The Customer checks them before any decision or publication.

16.4. The Service compares answers with the reference facts the Customer enters. The Customer is responsible for the accuracy of these facts.

Article 17. Availability and changes

17.1. The Provider uses reasonable means to provide access to the Service. It does not guarantee continuous availability. Maintenance interruptions are announced in advance where possible.

17.2. If a third-party System becomes unavailable or changes its terms, the Provider may replace or withdraw it. If this withdrawal substantially reduces the plan subscribed, the Customer may cancel at no cost and be refunded the unused part of the current period.

17.3. The Provider may change the Service. A change cannot remove a function included in the plan subscribed during the current period.

17.4. Support is provided by e-mail, with priority for the Scale plan. No response time is guaranteed.

Article 18. Customer data

18.1. The Customer remains the owner of the data it enters or connects: Maison profile, questions, reference facts, GA4 data, pixel events and product catalogue. The Provider uses it only to provide the Service.

18.2. The Provider may use aggregated and anonymised data, which identifies neither the Customer nor the Maison, to measure and improve the Service.

18.3. The Customer may disconnect GA4 or remove the pixel at any time from “Installation and connections”, with deletion of the related data on request.

Article 19. Personal data

19.1. For accounts, invoicing and security, the Provider acts as controller, under its privacy policy.

19.2. For data processed on the Customer’s behalf, in particular the events collected by the pixel on the Maison’s website, the Provider acts as processor within the meaning of article 28 of the GDPR. A data processing agreement, annexed to the Terms, sets out the instructions, security measures and retention periods. Pixel event detail is kept ninety days.

19.3. The Customer obtains the consent of its website visitors where the law requires it, before the pixel is activated. The pixel rejects e-mail addresses and phone numbers.

19.4. Sub-processors are listed in an annex: hosting (Vercel, Supabase), System providers (OpenAI, Anthropic, Google, Perplexity), search (SerpAPI) and payment (Stripe). The Customer is informed of any addition thirty days in advance and may object by cancelling.

Article 20. Intellectual property

20.1. The Service, its code, measurement methods, interfaces and the AUGMA trademark remain the property of the Provider. The Customer receives a personal, non-exclusive and non-transferable right of use for the term of its subscription.

20.2. The Customer may use the Results, exports and briefs for its internal needs and those of its Maison, including with its agencies. It may quote a Result, naming AUGMA as the source.

20.3. The Systems’ answers remain subject to their publishers’ terms.

Article 21. Confidentiality

Each party keeps confidential the non-public information received from the other. This obligation lasts for the contract and three years after its end.

Article 22. Liability

22.1. The Provider has an obligation of means. It is liable for direct damage caused by its proven fault.

22.2. It is not liable for indirect damage, in particular loss of revenue, customers or image, nor for decisions the Customer takes on the basis of the Results.

22.3. Its total liability is limited to the sums paid by the Customer in the twelve months before the event giving rise to it. This limit does not apply in the event of gross negligence or wilful misconduct.

22.4. Neither party is liable for a failure due to force majeure within the meaning of article 1218 of the French Civil Code.

Article 23. Suspension

The Provider may suspend access, after informing the Customer except in an emergency, in the event of a breach of article 15, a risk to the security of the Service or non-payment. Access is restored once the cause has ended.

Article 24. Plans subscribed before these Terms

Customers subscribed to the Reveal, Sovereign or Transform plans before these Terms were published keep the terms of their plan, including any commitment in progress, until they move voluntarily to a Start, Growth or Scale plan. This move is made on the Provider’s offer and takes place only after the Customer’s payment. The previous subscriptions then end, with a credit for the unused part.

Article 25. Changes to the Terms

The Provider may change the Terms. The new terms are notified by e-mail at least thirty days before they take effect. They apply from the next renewal. A Customer who refuses them may cancel before that date.

Article 26. Governing law and disputes

26.1. The Terms are governed by French law.

26.2. The parties seek an amicable solution for thirty days before any action. Failing that, any dispute falls under the exclusive jurisdiction of the commercial court of Paris (tribunal des activités économiques de Paris).