Terms of Service

The ScanChat AI service (the "Service") is published and provided by WeBoost, a sole proprietorship registered under number 321475519 and operated by Ouriel Bensoussan (the "Provider" or "we").

The Service is presented on the scan-chat.com website and is used from the customer area available at dashboard.scan-chat.ai (the "Customer Area").

For any question about the Service or these terms, you can write to us at info@scan-chat.ai. Our full contact details are set out in the website's legal notice (scan-chat.com/legal).

In these terms, the following words have the meaning given below:

• "Customer" or "you": the professional (company, self-employed person, association or other organisation) that creates an account and uses the Service;
• "Account": the account opened by the Customer to access the Customer Area;
• "Chatbot": the conversational assistant configured by the Customer in the Customer Area and installed on its website;
• "Visitor": any person who interacts with a Chatbot on the Customer's website;
• "Customer Content": everything provided or generated through the Customer's use of the Service, including Chatbots and their settings, instructions, knowledge (website page content and documents), corrections, conversations and Leads;
• "Lead": the contact details and information collected from a Visitor by a Chatbot;
• "Subscription": the paid plan purchased by the Customer, according to the plan and billing period chosen.

These terms of sale and use (the "Terms") govern the subscription to and use of the Service.

You accept the Terms without reservation by creating your Account or placing an order. The Data Processing Agreement (DPA), available at scan-chat.com/dpa, forms an integral part of the Terms. The Privacy Policy describes how we process personal data relating to your Account.

The Terms prevail over any general terms of purchase or other documents issued by the Customer.

Acceptance of the Terms, the Data Processing Agreement and the declaration of professional status is recorded by a checkbox when an Account is created by email, or by a blocking acceptance window displayed in the Customer Area for an Account created with Google or GitHub. The Provider keeps the date and version of the documents accepted; these records are binding between the parties.

The parties, acting as professionals, agree to derogate, to the extent they apply, from the provisions of Articles 1127-1 and 1127-2 of the French Civil Code on contracts concluded by electronic means, as permitted by Article 1127-3 of that code.

The Service is offered exclusively to professionals acting for the purposes of their trade, business, craft, profession or association. It is not offered to consumers.

By creating an Account, you declare that you are acting as a professional and, if you act on behalf of an organisation, that you have authority to bind it.

Consequently, consumer protection provisions, including the right of withdrawal, do not apply to orders placed on the Service.

To use the Service, you must create an Account with an email address and a password, or by signing in with Google or GitHub.

You agree to provide accurate information and keep it up to date, to keep your credentials confidential, and to inform us without delay at info@scan-chat.ai of any unauthorised use of your Account. You are responsible for all actions taken from your Account.

The Service allows the Customer to create artificial intelligence Chatbots that answer Visitors' questions based on the instructions and knowledge provided by the Customer (its website pages, documents). In particular, it allows the Customer to:

• install Chatbots on a website;
• collect Leads and be notified of them by email;
• view conversations and usage statistics;
• correct the Chatbots' answers;
• export Leads in CSV format and send them to third-party tools (webhook, Zapier, Make, CRM).

The features available depend on the plan purchased, as described on the pricing page and in the Customer Area at the time of the order.

A 7-day free trial starts automatically the first time you access the Customer Area. It is granted only once per email address and requires no card.

During the trial, you get the features of the Growth plan, up to 100 replies and 3 Chatbots.

No payment is charged at the end of the trial. If you do not purchase a Subscription, your Chatbots stop answering and section 13 applies.

We may refuse or end a trial in case of abuse, in particular the creation of several Accounts to obtain several trials.

The Service is offered as Starter, Growth, Pro and Scale Subscriptions, in two families:

• "AI included": the Provider supplies the artificial intelligence model, up to a monthly number of replies specific to each plan;
• "Your own AI key": the Customer connects its own key from a supported artificial intelligence provider. The Service then applies no reply limit; the Customer pays that provider directly for its usage, under that provider's terms, and remains responsible for its key and its relationship with that provider.

Each Subscription can be purchased with monthly or yearly billing. The content, limits and price of each plan are those displayed on the pricing page and in the Customer Area at the time of the order.

When the reply limit of an "AI included" plan is reached, the Chatbots may stop answering until the start of the next period. Extra reply packs can be purchased from the Customer Area, on the terms displayed there.

The monthly reply limit applies to periods of one month starting on the Subscription's anniversary date, including for a yearly Subscription. Purchased extra replies are added to the current period: they are neither carried over to the next period nor refundable.

Prices are expressed in US dollars (USD), excluding taxes, and are those displayed at the time of the order. Any currency conversion or bank fees charged by the Customer's bank are borne by the Customer.

Where the Customer is a taxable person established in the European Union, the service is invoiced without VAT and any VAT due is self-assessed by the Customer in its country (reverse charge, Article 196 of Directive 2006/112/EC); for this purpose, the Customer provides a valid VAT number.

VAT or any other applicable tax is applied according to the Customer's billing country and status, as shown at checkout and on the invoice.

You agree to provide accurate and complete billing information (including company name, address, country and, where required, registration or VAT number). You are responsible for the consequences of inaccurate or incomplete information.

Invoices are made available in the Customer Area.

We may change our prices. For an ongoing Subscription, the new price only applies from the next renewal, after informing you by email at least 30 days in advance; you may cancel your Subscription before that date.

Payment is made by card, on the secure payment page of a third-party payment provider, or through PayPal. Your card details are entered directly with that provider: we neither receive nor store them.

The Subscription is payable in advance and renews automatically at the end of each period (month or year), for the same duration, until it is cancelled. The corresponding amount is charged automatically to the registered payment method at the start of each new period.

If a renewal payment fails, you are informed by email and invited to update your payment method. For card payments, new payment attempts are made automatically over the following days and the Service remains active during that time.

If the payment is not settled after these attempts, or if PayPal suspends the subscription, access to paid features may be suspended until the payment is settled, or the Subscription may end. The Chatbots then stop answering and section 13 applies.

The price is payable in advance, in full, at the start of each period, with no discount for early payment. Any amount not paid when due automatically bears, from the following day and without prior formal notice, late payment interest at the rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points. Any Customer late in payment also automatically owes a fixed indemnity for recovery costs of 40 euros (Article L. 441-10 of the French Commercial Code), payable in US dollars at the European Central Bank reference rate on the due date; additional compensation may be claimed, on presentation of supporting evidence, where the recovery costs incurred exceed that amount.

You can change plans from the Customer Area, according to the terms shown there. For a subscription paid by card, an upgrade takes effect immediately and only the price difference, prorated for the remaining period, is charged; a downgrade, or a switch from yearly to monthly billing, takes effect at the end of the period already paid, without refund. For a Subscription paid through PayPal, plans are changed by cancelling the current Subscription and then subscribing to the new plan.

You can cancel your Subscription at any time from the Customer Area. Cancellation takes effect at the end of the period already paid: you keep access to the Service until that date and no renewal is charged afterwards.

Subject to sections 20, 23 and 24 of the Terms and section 8 of the Data Processing Agreement, any period that has started is due, and no full or partial refund is granted for a period that has started, including for a yearly Subscription, nor for unused replies or reply packs.

When the Subscription ends, whatever the reason (cancellation, non-renewal, payment failure, or end of the free trial without a subscription):

• your Account remains accessible, within the limits set out in the Privacy Policy;
• your Chatbots stop answering Visitors;
• the Customer Content (Chatbots and their settings, knowledge from websites and documents, conversations and Leads) is kept for 90 days, so that you can subscribe again and recover everything, or export your Leads in CSV format;
• an email warns you 7 days before deletion;
• after these 90 days, the Customer Content is permanently and automatically deleted. This deletion is irreversible.

Billing records (invoices and payments) are kept for the period required by accounting and tax obligations. Backups are overwritten within 14 days.

During the Subscription and the 90-day period, a copy of your conversations can be provided to you in a structured, commonly used format (CSV or JSON), on request sent to info@scan-chat.ai.

It is your responsibility to export any data you wish to keep before it is deleted.

Chatbot answers are generated automatically by artificial intelligence models, based on the instructions and knowledge you configure. Even with careful configuration, they may be inaccurate, incomplete, outdated or unsuitable.

It is your responsibility to review conversations regularly and to correct answers, in particular using the corrections feature. You are solely responsible for the use of the answers and for decisions made on the basis of them, by you or by Visitors.

The answers do not constitute professional advice, in particular legal, medical or financial advice, and must not be presented as such.

In accordance with Article 50 of Regulation (EU) 2024/1689 on artificial intelligence, the widget informs Visitors that they are interacting with an artificial intelligence system, by means of an "AI assistant" label permanently displayed under the Chatbot's name, which cannot be turned off, and a notice displayed at the top of each conversation. The Chatbot is also instructed to confirm that it is an artificial intelligence when a Visitor asks. The Customer shall not remove, hide or contradict this information, in particular through the name, avatar or instructions given to the Chatbot, and shall not present the Chatbot as a human being.

The Provider does not guarantee any business result, in particular in terms of number of Leads or sales.

The Customer undertakes to:

• use only lawful content, and hold the necessary rights to the content it provides (pages of websites it controls or is authorised to use, documents, logos, texts);
• inform the Visitors of its website: its own privacy policy must mention the use of the Chatbot, the processing of conversations and the collection of Leads;
• obtain Visitors' consent where the law requires it. For this purpose, the Service offers a consent option, enabled by default, which the Customer may turn off and configures under its own responsibility: before asking a Visitor for contact details, the Chatbot asks for the Visitor's agreement, using the wording configured by the Customer or, failing that, a default wording, translated into the language of the conversation, and mentions the link to the Customer's privacy policy where the Customer has provided it. The Visitor's answer is interpreted by the artificial intelligence model; the agreement and its date are recorded with the Lead, and the new Lead alert is only sent after that agreement. When the reply limit is reached, the widget invites the Visitor to leave an email address or phone number, stating that they will only be used to answer the request. It is the Customer's responsibility to check that this mechanism suits its situation;
• not use the Chatbots to collect special categories of data (in particular health data, data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sexual orientation), data relating to criminal offences, or data concerning children, unless it has its own legal basis and appropriate safeguards. The Service is neither designed nor certified for hosting health data;
• comply with the laws applicable to it, in particular regarding personal data protection, direct marketing and consumer protection;
• respond to Visitors' requests regarding their personal data;
• keep its credentials and its own API keys secure.

In particular, you must not use the Service to:

• distribute content that is unlawful, misleading, defamatory, hateful, discriminatory or that infringes the rights of third parties;
• send unsolicited communications in breach of applicable law;
• collect personal data unlawfully or unfairly;
• attempt to access other customers' data, circumvent the limits of your plan or the security measures, test the vulnerability of the Service without written permission, or disrupt its operation;
• introduce malicious software;
• decompile or disassemble the Service, or attempt to extract its source code, except where permitted by law;
• resell, rent or make the Service available to third parties without the Provider's prior written consent;
• create several Accounts in order to obtain several free trials.

For data relating to the Customer's Account and billing, the Provider acts as controller, as described in the Privacy Policy.

For Visitors' data processed by the Chatbots (conversations and Leads), the Customer is the controller and the Provider acts as processor, in accordance with the Data Processing Agreement (DPA), which forms an integral part of the Terms.

The Customer remains the owner of the Customer Content, including its Leads. It grants the Provider, for the term of the contract and the retention period set out in section 13, a non-exclusive, worldwide, royalty-free licence to host, reproduce, process and transmit the Customer Content, limited to what is necessary to provide, secure and maintain the Service.

The Provider retains all rights in the Service, including the platform, software, widget, documentation and the ScanChat AI brand. During its Subscription, the Customer has a personal, non-exclusive and non-transferable right to use the Service.

Suggestions and feedback sent by the Customer to the Provider may be used freely by the Provider, without compensation.

The Service relies on third-party technical providers (hosting, artificial intelligence models, email delivery, payment).

The services the Customer chooses to connect (in particular its own artificial intelligence provider, such as OpenAI, Google or Anthropic, as well as Zapier, Make, a CRM, a webhook or WordPress) are chosen and contracted by the Customer and governed by their own terms. The Provider is not responsible for their availability or operation, or for how they use the data sent to them.

The Provider uses reasonable efforts to keep the Service accessible and working properly, without any availability guarantee or service level agreement (SLA).

The Service may be interrupted, in particular for maintenance or updates, in the event of an incident or in the event of a failure of a third-party provider. The Provider strives to limit their duration and impact.

The Provider may change the Service and its features, in particular to improve it, adapt it to technical or regulatory developments or strengthen its security.

These changes may not substantially reduce, during the current period, the essential features or the limits of the plan purchased; otherwise, the Customer may cancel its Subscription and obtain a refund of the price for the unused period.

If the Service is totally unavailable for more than 72 consecutive hours for reasons attributable to the Provider, the Customer may obtain a credit proportional to the duration of the unavailability or cancel its Subscription with a refund of the price for the unused period.

The Provider is bound by an obligation of means (best efforts).

The Provider shall not be liable for:

• indirect damages, such as loss of revenue, profits, customers or opportunities, or damage to reputation;
• loss of data beyond restoring the latest available backup;
• errors, inaccuracies or omissions inherent in the operation of artificial intelligence models, provided that the Service operates in accordance with its description, or the use made of the answers by the Customer or Visitors;
• the Customer Content and the Customer's use of the Service in breach of the Terms or the law;
• third-party services, including artificial intelligence providers and tools connected by the Customer (CRM, Zapier, Make, webhooks);
• force majeure events, as defined in section 24.

In any event, the Provider's total liability, for all causes combined, is limited to the amount actually paid by the Customer for the Service during the 12 months preceding the event giving rise to liability.

These limitations do not apply in case of gross negligence or wilful misconduct, or where applicable law prohibits limiting or excluding liability.

The Customer shall indemnify the Provider against any third-party claim, in particular from Visitors, arising from the Customer Content or from use of the Service that does not comply with the Terms or the law.

The Provider may suspend access to the Service or terminate the Account in case of breach of the Terms by the Customer, non-payment, abuse or unlawful use, after an email notice that has remained without effect for 8 days.

In case of serious breach, in particular unlawful content, fraud, harm to the security of the Service or to the rights of third parties, or where an authority requires it, suspension or termination may take place immediately and without notice.

Termination for breach by the Customer does not give rise to any refund. Section 13 applies, unless the law or the unlawful nature of the content requires faster deletion.

The Provider may decide to stop providing the Service, in whole or in part, by informing the Customer by email at least 90 days in advance. The Subscription then ends on the announced date, and the Provider refunds the Customer the share of the price paid in advance corresponding to the unused period. Until that date, the Customer can export its Leads and request a copy of its conversations; section 13 then applies.

Neither party is liable for a failure to perform its obligations caused by a force majeure event, that is, an event beyond its control which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, such as a natural disaster, armed conflict, act of terrorism, decision of a public authority, widespread failure of telecommunications or electricity networks, or major failure of a hosting or artificial intelligence provider. Force majeure does not suspend the obligation to pay amounts already due.

The party concerned informs the other as soon as possible. If the impediment lasts more than 30 days, either party may terminate the Subscription by email; the Provider then refunds the Customer the share of the price paid in advance corresponding to the unused period.

Each party undertakes to keep confidential the non-public information of the other party of which it becomes aware under the contract, in particular the Customer Content and the Provider's non-public technical, commercial and pricing information, and to use it only to perform the contract. This obligation does not apply to information that has become public through no fault of the receiving party, that was already known to it, or that is disclosed under a legal obligation or a decision of an authority. It applies for the term of the contract and for 3 years after it ends. Visitors' personal data remains governed by the Data Processing Agreement.

Any unlawful content distributed through the Service, in particular by a Chatbot, can be reported to info@scan-chat.ai, which is our single point of contact for such reports and for authorities (in French or English), stating the address of the page concerned, the nature of the content, the reasons why it is considered unlawful and the contact details of the person making the report. The Provider handles reports diligently, may suspend the distribution of the content in question in accordance with section 22, and informs the Customer and the person who made the report of the measures taken.

The Provider may change the Terms. Any material change is notified to you by email at least 30 days before it takes effect.

If you do not accept the new Terms, you may cancel your Subscription before they take effect. Continued use of the Service after that date constitutes acceptance of the new Terms.

Non-material changes, such as clarifications or editorial corrections, take effect upon publication.

• Language: the Terms are written in French. In case of discrepancy between the French version and a translation, the French version prevails.
• Entire agreement: the Terms, the Data Processing Agreement (DPA) and the order details constitute the entire agreement between the parties regarding the Service.
• Severability: if a clause is held invalid or unenforceable, the other clauses remain in force.
• No waiver: failure to rely on a breach does not constitute a waiver of the right to rely on it later.
• Assignment: the Customer may not assign its contract without the Provider's prior consent. The Provider may assign the contract to any entity taking over all or part of its business, after informing the Customer.
• Notices: notices are sent by email, to the address associated with the Account for the Customer and to info@scan-chat.ai for the Provider.

The Terms are governed by the laws of the State of Israel.

Any dispute relating to their formation, interpretation, performance or termination falls within the exclusive jurisdiction of the competent courts of Tel Aviv-Jaffa.