Version 3 - Date of Publication: 21 July 2026
Welcome to the Abyssale Platform,
The use of the Abyssale Platform is governed by this document entitled "Terms of service" and by the "Privacy and Cookie Policy" accessible here. Together, these documents form a Contract between "You", the Client, and "Us", Abyssale, the company that publishes the Abyssale Platform. We invite you to review each of these documents before any use and subscription to the Platform.
In the event that the Client enters into a specific agreement (such as a Master Services Agreement / MSA, or a specific Order Form/Quote), the terms of that specific agreement shall prevail over these Terms of Service in the event of a conflict.
The Abyssale Platform (hereinafter "the Platform" or "the Abyssale Platform") is published by ABYSSALE, a simplified joint-stock company with a capital of €1,980.00, with its registered office at 49, Rue de Ponthieu 75008 Paris, registered in the Paris Trade and Companies Register under number 878 526 573, represented by its President, Alessandro STIGLIANI (hereinafter "the Company").
The Platform offers an advanced automation solution that enables the creation of customized marketing visuals (images, videos, gifs, pdf, HTML5) for different communication channels such as social networks, e-commerce sites, advertising, email marketing. The Platform and all its features are presented on the website https://www.abyssale.com/.
After reviewing the Abyssale Platform, its features, and the Subscription levels described on the "Pricing" page of the website, the Client has chosen to subscribe to the Platform.
The Subscription to the Platform can be taken out either by:
The terms used, beginning with a capital letter, in singular or plural, shall have the following meaning:
The Client may use the Platform subject to prior acceptance of these Terms of service, formalized by their online validation. Use of the Platform, including during the trial period, implies acceptance of these Terms of service.
Abyssale reserves the right to modify these Terms of service and will notify the Client of any changes.
The Client benefits from a free trial of fourteen (14) days before any paid subscription to a Subscription.
A fourteen (14) day trial period is automatically granted when a new workspace is created. During the trial period, the User benefits from:
The number of Credits and quota will be indicated to the Client at the time of subscription.
During the trial period, the purchase of additional Credits is not authorized. Only subscription to a plan allows access to the purchase of additional credits.
Right of Withdrawal:
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The Client may subscribe to a Subscription at any time during the trial period. Subscribing to a Subscription during the trial period constitutes explicit acceptance of these Terms of service and confirmation of the Client's satisfaction with the services operated via the Platform.
The Client is invited to subscribe to the Subscription either for a monthly period or for an annual period. Each period is automatically renewed for the same period, unless expressly terminated by the Client via the unsubscribe functionality or change of Subscription plan.
Access to the Platform requires the creation of a User account via the registration interface available at https://app.abyssale.com/register.
The User can register either by providing a personal email address and password, or by using the Google account authentication feature. The User is informed that the authentication process benefits from a security solution to protect their Identifiers.
Prior to any registration, the User is deemed to have read these Terms of service as well as the Privacy and Cookie Policy, accessible via links on the registration page. Use of the Platform implies full and complete acceptance of these documents.
Following initial registration, a verification code is automatically sent to the email address provided by the User. Validation of this code is a mandatory step to finalize the creation of the account and access the Platform's services.
The User agrees to provide accurate, complete, and up-to-date information during registration. Fields marked with an asterisk (*) are mandatory and failure to fill them in will prevent the completion of registration. The User retains the possibility to subsequently modify their personal information from their User Account.
At the time of Subscription, depending on the level of commitment, the number of User licenses subscribed, and the information provided, the Company, or the Client through any User account with the appropriate access rights (such as Administrators or the Workspace Owner), may invite additional Users to access the Platform. Invitations are sent by entering the User’s email address directly within the Platform; the Platform then sends an invitation email containing a unique activation link.
The Workspace Owner account, created for the benefit of the Client, is responsible for the overall management of the workspace. Under the Client’s responsibility, the Workspace Owner and designated Administrators can configure User Accounts, manage access rights, and update associated information. Administrators have broad permissions to manage the workspace, except for critical actions such as deleting the workspace, which are reserved for the Workspace Owner.
Each User acknowledges having the necessary skills and technical means to access and use the Platform. Access to and use of the Platform requires a minimum configuration for internet access. The necessary equipment (computer, mobile phone, telecommunications means, etc.) is the sole responsibility of the Client and/or Users, as are any associated telecommunications costs.
Each Workspace Owner and User is assigned strictly personal and confidential login credentials. These credentials must not be shared or communicated to third parties under any circumstances.
Any action performed using a Workspace Owner or User’s credentials is the responsibility of the Client as the Subscription holder. The Client agrees to inform all Users of the conditions and limitations of Platform use contained in these Terms of Service.
The Client can subscribe to several User seats within the limit of the maximum number authorized by the subscribed Subscription plan. Each User seat allows access to the platform according to the assigned role, in accordance with the specifications detailed in the documentation: https://help.abyssale.com/en/articles/89559-manage-team-members.
Each User seat is allocated to a single, named individual User and is strictly personal. A seat, a User account and the associated credentials may not be shared, transferred, sold, or used by, or made accessible to, more than one individual, whether simultaneously or in turn. In particular, the Client and its Users must not allow several persons to access the Platform using the same credentials or the same account in order to use a single seat for what should require several seats. The number of seats subscribed must at all times correspond to the number of individuals who access or use the Platform.
Any sharing of a User account or of credentials, and any use of a single seat by more than one individual, constitutes a serious breach of these Terms. Where the Company detects such use, it reserves the right, without prior notice and without prejudice to any other right or remedy (including claiming payment for the additional seats that should have been subscribed), to suspend or terminate the User account, the relevant seats, the Workspace and/or the Subscription, and to cut off access accordingly.
In the event of non-compliance with these Terms of service, including but not limited to the unauthorized sharing of login credentials and without prejudice to any action under common law that may be open to it, the Company reserves the right to:
The Platform as well as Client Content and Generated Content are hosted on the servers of AWS, whose servers are located in Ireland and to whom the Company subcontracts the hosting. The host ensures the physical and logical security of the servers and implements security measures in accordance with current standards, against attacks on data integrity or fraudulent intrusion attempts, as part of an obligation of means.
The Company makes backups. However, it is also the Client's responsibility to make their own backups and extractions or recovery of Generated Content.
Subject to the technical maintenance periods of the servers and updates of the Platform and its Features that result in an interruption of access, the Company strives to ensure accessibility of the Platform 7 days a week and 24 hours a day.
These 'best effort' availability commitments constitute an obligation of means and do not strictly guarantee 100% uptime or specific performance metrics (SLA).
For Enterprise Clients, Specific Service Level Agreements (SLA) guaranteeing uptime, response times, or financial penalties in case of downtime may be negotiated separately. In the event of a contradiction between these Terms and a separately signed Enterprise Agreement/SLA, the terms of the specific Enterprise Agreement shall prevail.
For all Clients, access to and use of the Platform may be temporarily suspended for maintenance purposes.
The Company will make its best efforts to inform the Client in advance. The Company's maintenance service strives to optimize maintenance operations to minimize the inconvenience caused. The Company cannot be held responsible for any unavailability of the Platform, particularly if it responds to security imperatives or is due to external factors including, but not limited to, technical reasons, network congestion, improper use of online services, a failure of Internet access providers.
In the event of a malfunction of the Platform or the Features identified by the Client, the latter reports it to the support either by email to help@abyssale.com or via the instant messaging tool made available on the Platform, indicating precisely the circumstances of the observed malfunction. The Company may request the Client to provide additional details in case of an imprecise description that does not allow the malfunction to be qualified. For security reasons, the support will never ask for the User's password during any support interaction.
The assistance service is only a technical aid offered to the User and cannot engage the responsibility of the Company, either in terms of advice or in terms of quality of service.
The Company reserves the right, at any time, to add, substantially modify or temporarily or permanently interrupt the Features offered from the Platform. The Client acknowledges that the Company is not responsible to them or to any other person for any modification, deletion, or interruption of the Features.
In the event of a substantial modification or removal of a feature, the Client's sole and exclusive remedy shall be the right to terminate the Subscription in accordance with the conditions set forth herein, excluding any claim for damages or compensation.
The right to use the Platform granted to the Client by the Company is personal, non-exclusive, non-transferable, and limited to the needs of the Client’s professional activity.
The Platform may be accessed directly or through authorized connections such as the Abyssale API, official integrations (e.g., Make, Zapier, N8n, or other no-code tools), or any connectors made available by the Company. The Client may also allow end-users to access certain features, such as Quick Generation via a public sharing link, for the sole purpose of generating content from the designs shared through this link.
Any use must comply with the Documentation and the present Terms. In particular, the Client and its Users must not:
The Client undertakes to only load and process via the Platform strictly legal Client Content. In particular, the Client prohibits itself and prohibits Users from loading or processing any content for which it does not have the necessary rights, any data contrary to laws, regulations or public order, and in particular any content of a xenophobic, racist, sectarian, proselytizing, homophobic, defamatory, insulting, child pornographic, violent nature, as well as any incitement to suicide or violence, infringement of the protection of privacy, of the image of persons or of the rights of third parties, in particular by storing files obtained in violation of the rights of their authors. The Client is solely responsible for the Client Content and the processing carried out by the Users as well as the Content generated by the Platform.
Any violation of any of these rights is likely to engage the civil or criminal liability of the Client or its author.
The Client declares having taken note of all the information relating to the use of the Platform and in particular the integration of artificial intelligence models, and confirms the adequacy of the Platform to its needs and uses.
The Client is informed that the Platform integrates various artificial intelligence models and services, which may include proprietary technologies as well as third-party models (such as, but not limited to, Flux by Black Forest Labs, Claude by Anthropic, or models provided by OpenAI).
The Company reserves the right to replace, update, or modify the underlying AI models and third-party providers at any time to improve performance, cost-efficiency, or feature availability, without prior notice. The current list of major third-party AI providers and their respective terms of use is maintained and kept up-to-date in the Documentation. The Client agrees that their use of AI features is subject to the then-current terms of these third-party providers.
Where the Platform offers a choice of third-party AI models (which may include, without limitation, OpenAI/ChatGPT, Anthropic/Claude, Google/Gemini, Alibaba/Qwen, Seedance, and Flux), the Client (or its Users) selects the model it wishes to use. The available models are listed and freely selectable within the Platform. The Company acts solely as a technical intermediary providing access to the selected model and does not control, endorse, or determine the processing carried out by the selected provider. The Client’s selection of a model constitutes the Client’s instruction to transmit the relevant Input to that provider, and the Client is solely responsible for that choice, including for ensuring it has a valid legal basis and all necessary rights and consents, for complying with the provider’s terms, and for assessing the suitability of the model for its data and intended use.
Some providers may be established, or may process data, outside the European Economic Area (including in the United States or other countries). The Platform does not display the data location of each model and applies no warning or technical restriction at the time of selection; it is the Client’s responsibility, before selecting a model, to inform itself of the provider and its data location and to ensure that an appropriate transfer mechanism and legal basis apply. The default model proposed by the Company remains hosted within the European Union unless the Client actively selects another model. To the extent permitted by law, the Company shall not be liable for the processing, practices, availability, security, or Output of any third-party model selected by the Client, and the Client shall indemnify and hold the Company harmless against any third-party claim arising from its selection or use of such a model in breach of these Terms or of the provider’s terms.
The Client can, from the workspace settings, control the use of their Content for training AI models via the “AI Model Training” setting. By default, this setting is enabled, and the Client grants the Company permission to use anonymized data derived from the Client Content and Generated Content, stripped of any direct identifiers so that no individual can be identified, for the sole purpose of maintaining and improving the Company’s AI models and Features. The Company shall not use such data to deliver features to other clients in a manner that exposes the Client’s underlying Content. The Client can disable this option at any time via the workspace settings; disabling applies to new Content generated after the modification, and previously collected data may continue to be used unless deletion is requested and technically feasible.
The Client is informed and acknowledges the innovative and autonomous nature of artificial intelligence systems. Therefore, the Client undertakes to implement constant human supervision, particularly over Generated Content. The Client acknowledges that due to the nature of generative artificial intelligence tools, other users of the Platform may create generated content that may be similar or identical to that of the Client. The Client undertakes to transmit to the Company any incident or malfunction encountered or results proposed, as soon as they are identified, so that the Company can analyze them and remedy them as soon as possible.
Abyssale does not provide any guarantee as to the accuracy, completeness, quality, legality or reliability of the Content generated by AI. The Client is solely responsible for the evaluation and validation of Generated Content for their use case. Abyssale cannot be held responsible for the use of Generated Content or for errors or omissions they may contain.
The Client is responsible for the use of the Platform and undertakes in particular to:
The Client is solely responsible for the Generated Content and their subsequent uses. The Client agrees not to use the Generated Content to train, distill or refine other artificial intelligence models.
The Client must also save their Client Content and Generated Content, including elements shared in the context of collaborative projects.
The Client guarantees and undertakes to indemnify and hold the Company harmless against any claim, action, or demand from a third party (including legal fees and court costs) resulting from the Client's use of the Platform, the Client Content, or a breach of these Terms. The Company reserves the right to conduct the exclusive defense of any such claim.
The Company agrees to defend, indemnify, and hold the Client harmless from and against any third-party claims, damages, and costs (including reasonable legal fees) alleging that the use of the Platform, in accordance with these Terms, infringes a valid intellectual property right (copyright, patent, or trademark) of a third party.
This obligation does not apply if the claim results from: (i) the Client Content; (ii) the use of the Platform in combination with other products not provided by the Company; (iii) the use of the Platform in a modified form or in a manner prohibited by these Terms; or (iv) Generated Content created via Artificial Intelligence features, for which no guarantee of non-infringement is provided.
The Client subscribes to the Platform either via the online interface ("Online Subscription") or, for specific Enterprise plans, by signing a quote or order form ("Order Form").
Subscription plans determine the level of access to the Platform's Features and include a defined volume of resources (such as Credits or other usage metrics) allocated to the workspace, as specified in the Documentation. The subscription of additional User seats within the same workspace does not increase the volume of resources allocated under the Subscription plan.
The prices of each Subscription plan are expressed in euros or US dollars; applicable taxes are those in force on the date of invoicing.
The Subscription is automatically renewed at the end of each period for an equivalent period, unless terminated by the Client in accordance with the notice period stipulated in these Terms or, where applicable, in the Order Form.
The renewal amount is charged according to the payment method on file:
The Client is solely responsible for monitoring and managing their Subscription, User seats, and resource consumption (including Credits). Abyssale shall have no obligation to notify the Client of upcoming renewals, unused resources, or consumption overages.
No refund shall be granted under any circumstances once the Subscription has been taken out, including but not limited to: non-use or partial use of the Platform, unused Credits at the end of a billing period, downgrade to a lower plan, early termination by the Client, or dissatisfaction with the Features.
Additional Credits purchased by the Client are equally non-refundable, including in the event of Workspace termination or suspension.
The Company reserves the right to modify its prices at any time.
In all cases, the Client will be notified of any price change by email to the address on file. Continued use of the Platform after the effective date of the price change constitutes the Client's acceptance of the new pricing. If the Client does not accept the new pricing, their sole remedy is to terminate the Subscription before the effective date of the change, in accordance with the conditions set forth in these Terms.
In the event of non-payment:
During the suspension period, all of the following are immediately restricted:
The Company shall not be held liable for any consequences resulting from such suspension, including but not limited to disruption of the Client's operations, broken links, failed automations, or any loss of revenue or business opportunity arising therefrom.
The suspension is lifted upon full payment of all outstanding amounts. The Company will restore access within a reasonable timeframe following confirmation of payment
The Client can at any time modify the number of User seats or change the Subscription plan from their workspace settings.
Some Clients may still benefit from subscription plans that are no longer publicly offered or listed on our website (“Legacy Plans”). These plans remain governed by the terms and features applicable at the time of the initial subscription, unless explicitly agreed otherwise or unless the Client transitions to a new Subscription plan. Abyssale reserves the right to discontinue, limit, or modify Legacy Plans at any time to reflect product evolution. However, we commit to providing you with at least thirty (30) days' prior written notice (via email or strict platform notification) before any mandatory migration, material modification, price adjustment, or termination of a Legacy Plan takes effect.
Each Subscription plan includes a defined number of Credits (“Base Credits”) that allow the Client to generate visuals or use AI features on the Platform.
Base Credits are allocated at the start of each billing period and automatically renewed with each renewal of the Subscription (monthly or annual, depending on the chosen plan).
Base Credits are tied to an active Subscription and expire at the end of the billing period if unused. They are non-transferable, non-refundable, and cannot be exchanged or converted into monetary value.
The number of Base Credits included in each plan, as well as the applicable consumption rules, are specified in the official Abyssale Documentation accessible at help.abyssale.com.
The Company reserves the right to modify the number of Base Credits or the methods of Credit consumption at any time, as described in the Documentation.
Clients may purchase additional Credits (“Additional Credits”) at any time through their Workspace settings.
Additional Credits are activated immediately upon payment, are independent from Base Credits, and are billed separately from the Subscription. They do not renew automatically.
Additional Credits remain valid as long as the Client’s Subscription is active.
In the event of termination, suspension, or deletion of the Workspace, unused Additional Credits may be retained for a limited grace period, the duration and conditions of which are defined in the official Abyssale Documentation. After this period, any remaining Additional Credits are permanently lost.
Additional Credits are non-transferable, non-refundable, and cannot be exchanged or converted into monetary value.
Their use and applicable consumption rules are detailed in the Abyssale Documentation.
The Client may choose to enable the 'Auto-Recharge' feature to automatically purchase Additional Credits when their Credit balance falls below a defined threshold. By enabling this option, the Client expressly authorizes the Company to charge the payment method on file for the selected Credit pack amount each time the threshold is reached. This authorization remains valid until the Client disables the feature in their Workspace settings. The Company shall not be held liable for any overdraft fees or consumption overages resulting from the proper execution of the Auto-Recharge feature.
Any generation or AI operation performed on the Platform consumes Credits in accordance with the rules and conditions described in the Abyssale Documentation. The type of Credits consumed (Generation Credits or AI Credits), the applicable consumption methods, and their respective costs are defined and may be updated by the Company in the Documentation. Clients are invited to consult the Documentation for the most up-to-date information regarding Credit consumption.
The Company owns all copyright on the elements comprising the Platform, including the Features, all development and parameterization, custom developments, algorithms, proprietary AI models, the Platform's tree structure, databases and in particular the database of Abyssale Public Templates, graphic interfaces, processes, graphics and logos, Documentation and all the content of the Platform (with the exception of Client Content, as defined in the “Client Content” section below) as well as the website https://www.abyssale.com/.
The Company holds the rights of the database producer on all databases created and integrated into the Platform. The Company prohibits any extraction, reproduction, representation of the Platform and the elements comprising it outside the Features offered by the Platform.
The Client is authorized, as part of a license to use, to access and use the Platform under the conditions defined in the “Provision and Use of the Platform” section of these Terms.
The distinctive signs of the Company and in particular the Abyssale trademark (French trademark 5089622), domain names, corporate name as well as logos that may appear on the Platform are protected by the Intellectual Property Code. Any total or partial reproduction of these distinctive signs without express authorization from the Company is prohibited.
The Terms of service do not entail any assignment of any kind of intellectual property rights on the Platform and its elements.
If the Client provides the Company with any comments, suggestions, or recommendations regarding the Platform ("Feedback"), the Client assigns all rights, title, and interest in such Feedback to the Company. Abyssale shall be free to use, copy, modify, and exploit this Feedback for any purpose without any compensation or obligation to the Client.
The Client owns the Client Content and guarantees that they have the necessary rights for their processing by the Platform.
The Client expressly grants the Company the right to reproduce by downloading and storing the Client Content on its servers, for the sole purpose of executing the Terms of service.
To the extent permitted by applicable law, the Client owns the Content generated, including Designs, by the Platform and the Features offered by the Company. To the extent that the Company holds any rights, title, or interest in the Generated Content, the Company hereby assigns such rights to the Client.
The Client is authorized to use them in particular for marketing purposes and for the distribution of visuals on communication channels.
Subject to the “AI Model Training” setting described in the AI Features section, the Company is authorized to perform algorithmic and statistical processing on anonymized data derived from the Generated Content and User requests, for the purpose of training its artificial intelligence systems and evaluating and improving its Features. The Client can disable this feature at any time in the workspace settings.
The parties undertake, each for their own part, to comply with all legal and regulatory obligations incumbent upon them in terms of protection of personal data, in particular law 78-17 of January 6, 1978 in its latest amended version, and regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of personal data - GDPR (together the "Applicable Regulation").
Two processing operations are identified in execution of this Contract:
The Privacy and Cookie Policy accessible on the Platform governs the conditions for carrying out these processing operations.
For Processing 2, where the Client is a legal entity acting as data controller in respect of Personal Data contained in the Client Content or relating to its Users, the Company acts as a data processor on the Client’s behalf within the meaning of Article 28 GDPR. The following data-processing terms apply to such Processing and, together with the Privacy and Cookie Policy, constitute the data-processing agreement between the Parties. Where the Client has entered into a separate Data Processing Agreement or an MSA containing data-protection terms, those terms prevail.
As processor, the Company undertakes to: (i) process Personal Data only on the Client’s documented instructions, the Contract and the use of the Platform constituting such instructions, and inform the Client if an instruction appears to breach the Applicable Regulation; (ii) ensure that persons authorized to process the Personal Data are bound by confidentiality; (iii) implement appropriate technical and organizational security measures; (iv) engage sub-processors under the conditions below and impose on them equivalent data-protection obligations, the Company remaining liable for their performance; (v) taking into account the nature of the processing, assist the Client by appropriate measures in responding to data-subject requests and in meeting its obligations regarding security, breach notification and data-protection impact assessments; (vi) at the end of the Contract, delete or return the Personal Data in accordance with the “Consequences of the End of Contract” section; and (vii) make available to the Client the information necessary to demonstrate compliance with Article 28 GDPR.
Sub-processors. The Client authorizes the Company to engage the sub-processors listed in the Privacy and Cookie Policy and to appoint new ones. The Company will inform the Client of any intended change and the Client may object on reasonable grounds relating to data protection within thirty (30) days; failing a workable alternative, the Client’s sole remedy is to terminate the affected Subscription. Personal Data breach: the Company will notify the Client without undue delay after becoming aware of a Personal Data Breach affecting the Client’s data and provide the available information to enable the Client to meet its own notification obligations; as processor, the Company is not responsible for notifying the supervisory authority or the data subjects. Transfers: the Company does not transfer the Client’s Personal Data outside the EEA except to a country benefiting from an adequacy decision, under Standard Contractual Clauses, or on the Client’s documented instruction (including where the Client selects a third-party AI model whose provider is located outside the EEA, as described in the AI Features section).
Demonstrating compliance. To satisfy Article 28(3)(h) GDPR, the Company makes available, upon reasonable written request, the information necessary to demonstrate compliance with these data-processing terms, in particular its security documentation and the relevant compliance certifications of its sub-processors (such as AWS and Auth0). Given the standardized, self-service nature of the Platform, the Company does not provide for on-site or Client-conducted audits or inspections under these Terms; making the foregoing documentation available constitutes the agreed means of demonstrating compliance. A Client requiring contractual on-site or third-party audit rights must enter into a separate Master Services Agreement or Data Processing Agreement providing for them. The Client is solely responsible for the lawfulness, accuracy and relevance of the Personal Data it processes via the Platform and for its documented instructions, and shall indemnify the Company against any claim arising therefrom, save to the extent caused by the Company’s breach of these terms. The Company may make available a separate Data Processing Agreement, provided to the Client on request and concluded in writing by electronic means (including by email); once accepted, it completes and prevails over this section for the data-protection terms it covers.
The Client acknowledges and accepts that the Company may use anonymized User and Client data for the purpose of training its systems and algorithms including artificial intelligence.
The Parties firmly undertake that all confidential information exchanged, in particular information relating to the Platform (technical, strategic, economic information) or the Client's confidential information, in particular Client Content:
The Parties vouch for compliance with this confidentiality obligation by the members of their personnel (employees, agents, consultants, subcontractors) to whom they will communicate the confidential information.
The Parties further undertake to:
Notwithstanding the foregoing, the Client acknowledges and agrees that the use of anonymized data derived from the Client Content and Generated Content for the purpose of training and improving AI models (as described in the 'AI Features' section) shall not constitute a breach of confidentiality, provided that such data is processed in accordance with the settings defined by the Client in their Workspace.
In the event of a dispute about the use of the Platform, the Parties agree that the logging of logs performed by the Company's equipment during the use of the Abyssale Platform will be binding and will serve as evidence between the parties by application of Article 1368 of the Civil Code.
The Client agrees that the Platform and all its components are provided to them "as is" and that they use them at their own risk. The Company's liability can only be engaged in the case of a proven serious fault.
Under the conditions authorized by law, and in addition to the other provisions provided for herein, the Company is not responsible for:
The Company and the Client mutually agree that they can only be held liable for the consequences of direct damages, and that compensation for indirect damages is expressly excluded, including, but not limited to, loss of profit, business opportunities, customers or prospects, commercial advantage, brand image, data loss, or claims by third parties.
Liability Cap:
In the event of a serious breach by one of the parties of the obligations of the Contract, the non-defaulting Party sends a notification by email or registered letter with acknowledgment of receipt notifying the other Party with precision of the identified breach(es) as well as the associated contractual references.
The defaulting Party must remedy the breaches within seven (7) days from receipt of this notification. Exception: In the event of a breach of Intellectual Property rights, non-payment, or security obligations by the Client, the Company reserves the right to suspend access immediately and, in the event of a breach of Intellectual Property rights or security obligations, to terminate the Contract immediately and without prior notice.
From the expiry or termination of these Terms of service, the Client will no longer be able to access the Platform and Users will see their workspace closed.
Upon termination, the Client shall have a grace period of thirty (30) days to request the retrieval of their Client Content and Generated Content. The Company will make such data available in a standard export format. After this thirty (30) day period, the Company shall have no obligation to maintain or provide any data and will proceed with the permanent deletion of all Client Content and Generated Content from its systems, unless legally prohibited and without prejudice to the retention periods set out in the Privacy and Cookie Policy (in particular archiving for evidentiary purposes and any legal or accounting retention).
Any attempt to use the Platform will then constitute an illegitimate and wrongful access.
The Professional Client expressly authorizes the Company to feature them as one of its commercial references and to use the Client's name, logo, and a description of their use case for this purpose, including but not limited to: the Company's official website, marketing and commercial documents, case studies, press releases, social media communications, and sales presentations.
This authorization includes the right to describe, in general terms, how the Client uses the Platform (e.g. the type of content produced, the channels used, or the business outcomes achieved), provided that no confidential or sensitive business information is disclosed without the Client's prior written consent.
The Client may withdraw this authorization at any time by written notification to the Company, with effect for future uses only. Previously published materials shall not be required to be withdrawn.
The debtor of an obligation arising from the Terms of service will be excused if they justify a case of force majeure as defined by Article 1218 of the Civil Code and by jurisprudence. If the case of force majeure is momentary, the execution will be suspended for the period during which the execution of the obligation in question is thus prevented, this delay being thus excused. If the situation of force majeure or the excused delay persists beyond a period of thirty (30) days, each party may terminate it if they deem it appropriate, without indemnity or compensation to the other party.
However, Force Majeure cannot be invoked to suspend or delay the payment of sums due by the Client for the Subscription.
The Client cannot assign the Contract, either partially or in its entirety, whatever the legal operation.
The Company may subcontract at its convenience, all or part of the Contract, as long as it remains responsible for the proper execution of these terms vis-à-vis the Client.
The Company may modify the Contract by informing the Client by any written means (and in particular by email). The Client's continued use of the Platform after the effective date of the modifications constitutes their full and irrevocable acceptance of the updated Terms.
If any provision of this Contract is held to be invalid or unenforceable, such provision shall be deemed unwritten, without affecting the validity of the remaining provisions, which shall remain in full force and effect.
For any question relating to these Terms of service, ABYSSALE can be contacted at the following address: [help@abyssale.com]
These Terms of service are governed by French law.
In the event of litigation or difficulties of interpretation of the present, the Company and the Client undertake to meet in order to find an amicable solution before any legal action, except in case of emergency.
Jurisdiction:
