Terms of Service

1 Purpose

These Terms of Service are intended to define the terms and conditions under which Akora PRO makes the Akorbit platform available, and the respective rights and obligations of the parties in this context.

Akorbit is a sovereign generative AI platform enabling organisations to deploy, orchestrate and supervise AI agents while maintaining data sovereignty and full compliance with European regulations.

These ToS apply to any natural or legal person accessing the platform for professional (B2B) purposes. They are supplemented, where applicable, by specific conditions (SC) and/or a service level agreement (SLA) negotiated contractually.

2 Service description

Akorbit offers a suite of features dedicated to organisations wishing to leverage generative AI in a sovereign manner:

• AI agents: creation, configuration and deployment of conversational and autonomous agents based on open or proprietary large language models (LLMs).
• Automated workflows: orchestration of complex tasks combining AI, business tools and internal data sources.
• Data analysis: extraction of insights from documents, databases and structured or unstructured data streams.
• Data sovereignty: user data is never used to train third-party models. On-premise, private VPC and air-gap deployment options are available depending on the plan subscribed.
• Interoperability: REST API, webhooks and native connectors to major enterprise tools (CRM, ERP, DMS, etc.).

3 Access conditions

Access to Akorbit is reserved exclusively for professional (B2B) use. To access the platform, you must:

• Represent a validly constituted legal entity (company, association, public body, etc.) or act as a sole trader in a professional capacity.
• Be a natural person of legal age (minimum 18 years) with the necessary legal capacity and duly authorised by your organisation.
• Provide accurate, complete and up-to-date information when creating your account.
• Not appear on any international or European sanctions list.

Akorbit reserves the right to refuse or terminate access to any entity that does not meet these conditions.

4 User account

When creating your account, you undertake to:

• Credential confidentiality: maintain the confidentiality of your password and all authentication credentials. You are solely responsible for any activity carried out from your account.
• Breach notification: immediately inform Akora PRO at info@akora.pro in the event of suspected unauthorised access, loss or theft of your credentials.
• Personal and non-transferable account: your account is strictly personal. It may not be assigned, shared or used by a third party without prior written consent from Akora PRO.
• Accuracy of information: keep your profile information up to date, including your contact email address and billing information.

5 Acceptable use

You agree to use Akorbit in a responsible and lawful manner. The following are expressly prohibited:

• Any use for unlawful, fraudulent purposes or contrary to public order and good morals.
• Any attempt to circumvent, disable or compromise the platform's security mechanisms.
• Unauthorised automated data extraction (scraping, crawling) or any attempt to access underlying systems.
• Generation, distribution or storage of illegal, defamatory, discriminatory, pornographic content, or content infringing the rights of third parties.
• Generation of deceptive content (deepfakes, disinformation) likely to harm third parties or the public interest.
• Use of AI agents to train third-party models with data belonging to Akora PRO or other users without express authorisation.
• Resale or making available platform access to unauthorised third parties.

Any breach of these rules may result in immediate account suspension and, where applicable, legal proceedings.

6 EU AI Act compliance

As an AI platform provider, Akora PRO acts as a provider of AI systems within the meaning of EU Regulation 2024/1689 (EU AI Act). As a professional user deploying these systems, you are considered a deployer within the meaning of the same Regulation.

As such, you undertake to:

• Deployer responsibility: use AI systems in accordance with Akora PRO's instructions and applicable regulations. As a deployer, you assume responsibility for how you use AI agents in your organisational context.
• Human oversight: ensure effective human oversight for any high-impact decision generated or assisted by AI agents (HR, medical, legal, financial decisions, etc.), in compliance with Article 14 of the Regulation.
• Prohibition of unacceptable-risk uses: not use the platform for purposes classified as unacceptable risk under Article 5 of the Regulation (cognitive manipulation, social scoring, real-time biometric surveillance in public spaces, etc.).
• Transparency: inform your own end users when they interact with an AI system, in accordance with the transparency obligations of the Regulation.

7 Availability and service levels

Akora PRO commits to maintaining the Akorbit platform available under the following conditions:

• Availability commitment (SLA): 99.5% monthly uptime, excluding planned maintenance and force majeure events.
• Planned maintenance: notified at least 48 hours in advance by email and/or in-app notification. Scheduled outside peak usage hours (typically at night or on weekends).
• Force majeure: Akora PRO shall not be liable for service interruptions resulting from unforeseeable and irresistible events beyond its control (operator outages, natural disasters, large-scale cyberattacks, governmental decisions, etc.).
• Service credits: in the event of documented and notified SLA non-compliance, service credits may be granted according to the terms defined in your contract.

8 Payments and subscriptions

Access to Akorbit is subject to the payment of a subscription under the following terms:

• Plans: monthly or annual subscription depending on the chosen plan (Starter, Pro, Enterprise). Current pricing is available on the platform's pricing page.
• Secure payment: payments are processed by Stripe, a PCI-DSS certified payment provider. Akora PRO does not store any payment card data.
• Auto-renewal: the subscription is automatically renewed at the end of each period, unless cancelled before the expiry date according to the terms of the following article.
• Suspension for non-payment: in the event of payment default, Akora PRO reserves the right to suspend access to the account after a formal notice has remained without effect for 7 business days.
• Invoicing: invoices are issued at the beginning of each period and available in your client area.

9 Termination

The termination terms are as follows:

• User-initiated termination: from your client area, free of charge, at any time before the renewal date. Termination takes effect at the end of the current period.
• Data export: after termination, you have 30 days to export all your data. After this period, data is permanently deleted.
• Akora PRO-initiated termination: Akora PRO reserves the right to immediately suspend or terminate your access in the event of a serious breach of these ToS, including unlawful use, proven fraud, or endangerment of the platform or third parties.
• Refunds: no refunds are made for started periods, unless otherwise provided in your contract or in cases of termination due to Akora PRO's fault.

10 Personal data protection

In the course of providing the service, Akora PRO processes personal data of your employees and users as a data processor within the meaning of Article 28 of the GDPR, with you as the data controller.

• Data Processing Agreement (DPA): a DPA compliant with Article 28 of the GDPR is available upon request at info@akora.pro. For Enterprise plans, it is included in the framework agreement.
• Documented instruction: Akora PRO processes data only in accordance with your documented instructions and within the limits defined in the DPA.
• No use for training: your data is never used to train or improve AI models without your explicit consent.
• Breach notification: Akora PRO will notify you without undue delay of any data breach likely to affect your personal data.

For more details, please consult our Privacy Policy.

11 Intellectual property

Intellectual property rights relating to the Akorbit platform are allocated as follows:

• Platform and AI models: the Akorbit platform, its source code, interfaces, algorithms, proprietary AI models, trademarks and logos are the exclusive property of Akora PRO and are protected by copyright, trademark law and all other applicable intellectual property rights.
• User data: you retain full rights over the data, documents and content you import or generate on the platform. Akora PRO claims no ownership rights over your data.
• Licence of use: Akora PRO grants you a non-exclusive, non-transferable and revocable licence to use the platform, limited to your internal professional use during the term of the contract.
• Generated content: content generated by AI agents from your data belongs to you, subject to third-party rights and applicable legal restrictions.

12 Limitation of liability

To the extent permitted by applicable law:

• Liability cap: Akora PRO's total liability, for all causes combined, is limited to the amounts actually paid over the 12 months of subscription preceding the event giving rise to the damage.
• Exclusion of indirect damages: Akora PRO shall not be liable for indirect, consequential, special or punitive damages, including loss of revenue, data loss, reputational harm or loss of profit.
• "As-is" service: the platform is provided "as is". Akora PRO does not warrant that the service will be error-free, continuous or perfectly suited to your specific needs.
• Liability for generated content: Akora PRO is not responsible for content generated by AI agents from your data or instructions. You are solely responsible for how you use the outputs produced by the platform.

13 Applicable law and jurisdiction

These Terms of Service are governed by French law and applicable European regulations, including:

• EU Regulation 2016/679 (GDPR)
• EU Regulation 2024/1689 (EU AI Act)
• EU Regulation 2022/2065 (Digital Services Act – DSA)
• Directive 2002/58/EC as amended (ePrivacy)
• French Civil Code and Commercial Code

In the event of a dispute relating to the interpretation or performance of these ToS, and failing amicable resolution within 30 days of notification of the dispute, the parties agree to the exclusive jurisdiction of the Tribunal de Commerce de Nantes (Commercial Court of Nantes).

For consumer disputes (if applicable), online mediation is available via the European ODR platform: ec.europa.eu/consumers/odr.