Terms of Use

Preamble

These Terms of Use (the "Terms") govern access to and use of the Crosstensor Platform (Toolbox, Gateway, Guard) by any individual acting on behalf of a Client Organization (the "User").

These Terms operate alongside the Terms and Conditions of Sale (Platform T&Cs) entered into between Crosstensor and the Client Organization: the T&Cs govern the contractual and commercial relationship between Crosstensor and the Client Organization that subscribes to the offer. These Terms govern the individual use of the Service by each User to whom the Client Organization has granted access. In the event of a conflict between the T&Cs and these Terms on a matter relating to the contractual relationship with the Client Organization, the T&Cs prevail.

Accessing the Toolbox constitutes full and unreserved acceptance of these Terms by the User, evidenced upon first login.

Article 1 : Definitions

"Service": the Crosstensor Platform, comprising the Toolbox (user interface), the Gateway (routing gateway to AI models), and Guard (detection and anonymization module).

"Client Organization": the legal entity that has subscribed to the Crosstensor Platform offer with Crosstensor, under the terms of the T&Cs.

"User": any individual to whom the Client Organization has granted access to the Service, acting in the course of their professional activity on behalf of the Client Organization.

"Account": the personal, named space enabling the User to access the Service, created and administered under the terms defined in Article 2.

"Content": any data, query, instruction, document, or file submitted by the User to the Service, in whatever form.

"Output": any result produced by an AI model in response to Content submitted via the Service.

"AI Model Provider": any third party whose artificial intelligence model is made accessible via the Gateway, under the terms defined by the Client Organization and specified in the Register of Subprocessors and LLM Providers.

Article 2 : Access to the Service and Account management

Access to the Service is reserved for Users designated by the Client Organization, within the limits of its subscription. The creation, modification, and deletion of Accounts is the responsibility of the Client Organization and its authorized administrators, via the Service's back office.

The User is responsible for the confidentiality of their login credentials and for any activity carried out from their Account. They undertake to report without delay to their Client Organization's administrator or to Crosstensor any unauthorized use of their Account that they become aware of.

The Service is intended for professional use within the scope of the Client Organization's activity. It is not intended for personal or general public use.

Article 3 : Acceptable use

The User undertakes not to use the Service to:

• submit or generate unlawful Content that infringes public order, accepted standards of decency, or the rights of third parties (intellectual property, privacy, image rights, trade secrets);
• attempt to bypass, disable, or alter the security, detection, or anonymization mechanisms implemented by Guard;
• attempt to extract, through reverse engineering or prompt manipulation (prompt injection), system instructions, configuration parameters, or data belonging to other Client Organizations;
• resell, sublicense, or make access to the Service available to unauthorized third parties;
• submit malicious content (malicious code, spyware) or carry out intrusion tests not previously authorized by Crosstensor;
• use the Service in a manner likely to compromise its availability or performance for other Users (unauthorized mass automated use, for example).

Any breach of this article may result in the suspension of the relevant User's Account, under the conditions set out in Article 8.

Article 4 : Guard and the User's responsibility for data transmitted

The Guard module detects and, when activated by the Client Organization, anonymizes personal data present in Content before it is transmitted to an AI Model Provider. Guard is a tool made available to facilitate this control; it does not replace the Client Organization or the User in assessing what may or may not be transmitted.

The User remains solely responsible for the Content they choose to submit to the Service, including when Guard is disabled or only partially configured by their Client Organization. It is the User's responsibility to comply with their Client Organization's internal policies regarding the categories of data that may be transmitted via the Service.

Article 5 : Ownership of content and outputs

The Client Organization retains all rights to the Content that it or its Users submit to the Service, as well as to the Outputs produced in response. Crosstensor claims no ownership rights over these elements.

In accordance with the commitment made in the Data Processing Agreement (DPA), Crosstensor does not use Content or Outputs for the purpose of training, fine-tuning, or improving artificial intelligence models, nor for any other purpose of its own.

Article 6 : Information on the use of artificial intelligence systems

In accordance with Article 50 of Regulation (EU) 2024/1689 (AI Act), the User is informed that the Toolbox constitutes an interface for interacting with one or more artificial intelligence systems, and that any Output produced via the Service is generated or assisted by such a system.

Outputs produced via the Service include, where the format allows, a technical marking (watermarking) enabling their generative origin to be identified, in accordance with applicable transparency obligations.

Article 7 : Intellectual property of the platform

The Crosstensor Platform (Toolbox, Gateway, Guard), its architecture, source code, interfaces, documentation, and trademark remain the exclusive property of Crosstensor or its licensors. These Terms do not transfer any intellectual property rights to the User, other than a personal, non-exclusive, non-transferable right of use, limited to the duration of access to the Service granted by the Client Organization.

Article 8 : Suspension of access

Crosstensor may suspend a User's access to the Service without delay and without notice in the event of a proven security concern or a serious breach of Article 3 (Acceptable use), in particular an attempt to bypass security mechanisms or a suspected compromise of the Account. This suspension is notified to the Client Organization as soon as possible.

Outside of these cases, the suspension or deletion of an Account on Crosstensor's initiative for any other breach of these Terms is preceded by notice to the Client Organization, together with a reasonable period to remedy the breach, unless the breach exposes Crosstensor, the Client Organization, or third parties to an immediate risk.

The Client Organization may at any time suspend or revoke a User's access via the Service's back office, independently of any action by Crosstensor.

Article 9 : Availability and evolution of the Service

Crosstensor implements reasonable means to ensure the availability of the Service. Any service-level commitments (SLA) applicable to the Client Organization are, where applicable, defined in a separate contractual document.

Crosstensor may evolve the Service's features, notably to improve it or to comply with a regulatory change, without this constituting a substantial modification of these Terms, provided that it does not significantly degrade the use for which the Client Organization subscribed.

Article 10 : Protection of personal data

The processing of the User's personal data in connection with their Account (login identifier, professional email, connection logs) is described in Crosstensor's Privacy Policy.

The processing of personal data that the User submits to the Service in the course of their professional activity (Content, Outputs) is governed by the Data Processing Agreement (DPA) entered into between Crosstensor and the Client Organization, the latter acting as data controller.

Article 11 : Liability

Vis-à-vis the Client Organization, the liability caps and exclusions applicable to the contractual relationship with Crosstensor are exclusively defined in the Platform T&Cs. These Terms create no financial or indemnity obligation distinct from those set out in the T&Cs.

Vis-à-vis the User, Crosstensor implements reasonable means to ensure the reliability of the Service, without guaranteeing the accuracy, completeness, or relevance of Outputs produced by AI models, whose operation does not depend exclusively on Crosstensor. It is the User's responsibility to exercise reasonable oversight over the use made of Outputs, particularly for any decision with significant consequences.

Except in the case of gross or intentional misconduct by Crosstensor, or bodily injury, Crosstensor's liability towards the User individually, outside of any claim brought by the Client Organization under the T&Cs, shall not be engaged for indirect damages, such as loss of opportunity, loss of data, or commercial harm.

Article 12 : Modification of the Terms

Crosstensor may modify these Terms, notably to reflect the evolution of the Service or of applicable regulations. Any substantial modification is notified to the Client Organization, which informs its Users, before it takes effect. Continued use of the Service after notification constitutes acceptance of the modified Terms.

Article 13 : Applicable law and jurisdiction

These Terms are governed by French law. Failing an amicable resolution, any dispute relating to their validity, interpretation, or performance shall be brought before the competent courts under ordinary jurisdiction rules, notably those of the defendant's domicile or the place of performance, subject to any mandatory jurisdiction rules, in particular those protecting an employee acting in the course of their professional activity.

Article 14 : General provisions

If any provision of these Terms is declared void, unlawful, or unenforceable, such nullity shall not affect the validity of the remaining provisions, which remain fully applicable. The Parties shall then endeavor to replace the provision concerned with a valid provision as close as possible to the original intent. In the event of a conflict between these Terms and another document applicable to use of the Service, the order of priority is as follows: (i) the Platform T&Cs, (ii) the Data Processing Agreement (DPA), (iii) these Terms, (iv) the Privacy Policy.

End of document