Terms of Service

Version 1.1 · Last updated 2026-09-03 · legal@prestancelab.com

These Terms of Service are the General Terms and Conditions (the “GTCs”) that the other documents on this site reference and incorporate. Together with the Order Form and the documents listed in Section 14, they form the master subscription agreement (the “Agreement”) under which Prestance Lab supplies the Solution to business Customers.

1. Definitions and interpretation

In these GTCs, headings are for convenience only, “including” and similar words are non-exclusive, and references to sections are to sections of this document unless stated otherwise. A reference to a document published at a URL means the version published at that URL from time to time.

2. Provision of the Solution

2.1 Provision and quality of the Services. Prestance Lab provides the Services in a good, diligent, and professional manner, in accordance with industry standards.

2.2 Subscription and access. The Solution is supplied as a software-as-a-service on a subscription basis for the term stated in the Order Form. During that term, Prestance Lab grants the Customer a non-exclusive, non-transferable right to access and use the Solution for its internal business purposes, through user accounts provisioned for Authorized Users.

2.3 Customer responsibilities. The Customer is responsible for ensuring that its hardware, software, network connectivity, and systems are adequate to use the Solution, and must meet the requirements set out in the Documentation. Issues arising on the Customer’s side — devices, networks, browsers, or identity providers — are the Customer’s responsibility. The Customer must cooperate with Prestance Lab in good faith and provide the information reasonably needed to deliver the Services.

2.4 Evaluation Licenses. Where an Order Form grants an evaluation license, it is provided free of charge, for a limited period, and for evaluation purposes only, not for production use. The service-level commitments in Section 14.2 do not apply to evaluation use, and the disclaimer in Section 7.2 applies in full.

2.5 Customer Data. The Customer remains the holder of all rights, title, and interest in and to Customer Data. Prestance Lab processes Customer Data solely to provide the Services and as otherwise described in the Data Processing Agreement. On termination of the Agreement, Customer Data is deleted as set out in Section 12.4. Aggregated or anonymous usage data may be used by Prestance Lab to operate, secure, and improve the Services; no personal data or Confidential Information is used for this purpose.

2.6 Support and Maintenance Services. Maintenance Services are provided in accordance with the document incorporated under Section 14.2, including its service-availability target, planned-maintenance windows, and support channels.

2.7 Changes to the Agreement. Prestance Lab may update these GTCs and the documents incorporated by reference from time to time. Material changes are notified to active Customers at least thirty (30) days before they take effect, unless a shorter period is required by applicable law or needed to address a material security risk. If a material change is unacceptable to the Customer, the Customer may terminate the affected subscription by written notice before the change takes effect, without penalty, with the unearned portion of prepaid fees refunded. Continued use of the Solution after the effective date constitutes acceptance of the change. The “Last updated” date at the top of each document records its latest revision.

2.8 Customer systems. No integration with the Customer’s systems is required to use the Solution. Where the Order Form provides for it, Prestance Lab reads a bounded set of data from the Customer’s systems — product and stock information, calendars, and CRM data — limited to what the Customer designates. Such access is read-only: the Solution does not write to the Customer’s systems, and the Customer’s CRM remains the master record and single source of truth for Client data.

3. Intended purpose and the EU AI Act

3.1 Intended purpose. The intended purpose of the Solution, within the meaning of the EU AI Act, is to (i) assist Authorized Users in a sales-advisor role with clienteling tasks — preparing for a Client, capturing a debrief into a client file, drafting follow-up and outreach messages that the advisor sends from their own tools, keeping reminders, and answering product and brand questions; (ii) provide voice-based practice simulations in which the Solution plays a client and gives the advisor private coaching feedback; and (iii) provide aggregated team signals — activity counts and recurring conversation patterns — to the Customer’s management. The Solution does not assess the social value, trustworthiness, or general desirability of individuals, and it never records, listens to, or contacts a Client. Practice scores are pedagogical, visible to the advisor only, and should be understood as such; management receives counts and patterns, never an individual’s transcripts or words.

3.2 Use outside the intended purpose. Use of the Solution in a way that deviates from its intended purpose is not compliant with the Agreement and may entail the qualification of the Customer as a “provider” under Article 25(1)(c) of the EU AI Act. The Customer is responsible for ensuring that its own use of the Solution, and any decisions taken on the basis of its outputs, comply with the EU AI Act and all other applicable laws. Prestance Lab provides the instructions for use of the Solution in the Documentation and the Acceptable Use Policy.

4. Acceptable use

4.1 Permitted use. The Customer, its Beneficiaries, and Authorized Users may use the Solution only for its intended purpose, for the Customer’s internal business purposes, and in accordance with this Agreement.

4.2 Acceptable Use Policy. The Acceptable Use Policy is incorporated by reference into these GTCs at this Section 4.2 and is binding on the same terms as the Agreement itself. The Customer must ensure that its Beneficiaries and Authorized Users comply with it.

4.3 Prohibited conduct. Without limiting the Acceptable Use Policy, the Customer, its Beneficiaries, and Authorized Users will not submit prohibited content, use the Solution’s outputs for prohibited purposes (including prohibited HR and automated decision-making uses), circumvent access controls, interfere with the Solution, or use it in breach of any applicable law.

4.4 Compliance with laws. The Customer remains solely responsible for ensuring that its use of the Solution and any decisions taken on the basis of its outputs comply with all applicable laws and regulations, including employment, labour, anti-discrimination, data protection, and workplace-monitoring laws.

4.5 Consequences of breach. Any breach of the Acceptable Use Policy is a material breach of the Agreement. The Customer remains responsible for the acts and omissions of its Beneficiaries and Authorized Users.

4.6 Suspension and circuit-breaker. Prestance Lab may suspend access to the Solution immediately upon an actual or suspected material breach, pending investigation. Prestance Lab may also deploy the circuit-breaker, interrupting and stopping the Solution where, acting reasonably, it considers this necessary, in particular to comply with the EU AI Act or any other applicable law. No compensation is due to the Customer where the circuit-breaker is deployed in accordance with this Section.

5. Accounts, seats and security

5.1 Account provisioning. The Customer’s administrator enrols Authorized Users — name, professional email address, and professional mobile number — in accordance with the Documentation; each seat is bound to the enrolled number and address, and the assistant serves only calls and messages that originate from them.

5.2 Authorized Users and Beneficiaries. User accounts are personal to individual Authorized Users. The Customer controls who is granted access and must keep its account records accurate.

5.3 Seats and Login Credentials. The Solution is licensed on a named-seat basis; shared logins are prohibited. Authorized Users must keep their Login Credentials confidential and secure. Where an account is fully reassigned to a different Authorized User, the previous user immediately loses access.

5.4 Security obligations. Multi-factor authentication must be enabled wherever the Customer’s identity provider supports it. Suspected credential compromise must be reported promptly to security@prestancelab.com. The security controls applicable to the Services are described in the Security policy incorporated under Section 14.5.

6. Data protection

6.1 Data Processing Agreement. The processing of personal data under the Agreement is governed by the Data Processing Agreement incorporated under Section 14.3. For personal data generated by Authorized Users when using the Solution, and for the personal data of Clients recorded in client files or read from the Customer’s systems under Section 2.8, the Customer acts as controller and Prestance Lab as processor, processing only on the Customer’s documented instructions. The Customer is responsible for the lawful basis and the notices under which its Authorized Users record Client data.

6.2 Privacy policy. For personal data that Prestance Lab handles as controller — account administration, authentication and security logs, billing records, and aggregated product analytics — the Privacy policy incorporated under Section 14.6 explains what is processed and why.

6.3 Security. The technical and organizational measures applied to protect Customer Data are described in the Security policy incorporated under Section 14.5.

6.4 Sub-processors and international transfers. The current list of sub-processors, their locations, and the safeguards applicable to transfers outside the European Economic Area are set out in the Data Processing Agreement. Our artificial-intelligence sub-processors operate under a no-training posture; personal data is not used to train their models.

7. Warranties and disclaimers

7.1 Limited warranty. Prestance Lab warrants that the Solution will operate substantially in accordance with the Documentation under normal use. If the Solution fails to do so and the failure is reported within thirty (30) days, Prestance Lab will, as the Customer’s exclusive remedy, either correct the non-conformity or terminate the affected subscription and refund the unearned portion of prepaid fees.

7.2 Disclaimer. The Solution is provided on a best-effort basis, and the Internet is not error-free. To the extent permitted by applicable law, Prestance Lab gives no other warranty, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, and is not responsible for third-party services or content not provided by Prestance Lab.

7.3 Customer warranties. The Customer warrants that it has the authority to enter into the Agreement, that it owns or has the necessary rights in Customer Data, and that its use of the Solution will comply with applicable law.

8. Intellectual property

8.1 Ownership. As between the parties, Prestance Lab and its licensors own all rights, title, and interest in and to the Solution, the Services, and all software, prompts, methodologies, and materials made available by Prestance Lab under the Agreement. The Customer retains its rights in Customer Data, as set out in Section 2.5.

8.2 License to the Solution. The right to access and use the Solution granted under Section 2.2 is the only license granted under the Agreement, and is limited to the term of the subscription.

8.3 Restrictions. Except as expressly permitted by the Agreement or by applicable law, the Customer will not copy, modify, resell, sublicense, or distribute the Solution or its underlying technology, nor reverse engineer, decompile, or attempt to derive the source code of the Solution.

8.4 Aggregated and anonymous usage data. As set out in Section 2.5, Prestance Lab may use aggregated or anonymous usage data to operate, secure, and improve the Services.

9. Fees, invoicing and taxes

9.1 Fees. The Customer pays the fees set out in the Order Form, in the currency and at the frequency stated there.

9.2 Invoicing and payment. Prestance Lab invoices in accordance with the Order Form. Invoices are payable within the payment terms stated in the Order Form. Late payments bear interest in accordance with the French Commercial Code and may, after written notice, lead to suspension of access until paid.

9.3 Taxes. Fees are exclusive of value-added tax and any other applicable taxes, which will be added as required by law. The Customer is responsible for any taxes arising from its use of the Solution, other than taxes on Prestance Lab’s income.

9.4 Price changes. Fees for the initial term are fixed as stated in the Order Form. Any change to fees on renewal is notified in advance of the renewal.

10. Confidentiality

Each party will keep the other’s Confidential Information confidential, will use it only to perform its obligations under the Agreement, and will disclose it only to those of its personnel and advisers who need to know it and are bound by confidentiality obligations at least as protective as this Section. This obligation does not apply to information that is or becomes public through no fault of the receiving party, that was lawfully in the receiving party’s possession before disclosure, or that must be disclosed by law or regulation. Each party remains responsible for its personnel and advisers.

11. Limitation of liability

To the extent permitted by applicable law, neither party will be liable to the other for any indirect, incidental, special, or consequential damages, or for loss of profits, revenue, or data, arising out of or in connection with the Agreement. Except for liability that cannot be limited by law — including fraud, gross negligence or wilful misconduct, death or personal injury, and breaches of confidentiality, intellectual-property, or data-protection obligations — each party’s aggregate liability under the Agreement is capped at the fees paid or payable by the Customer in the twelve (12) months preceding the event giving rise to the claim.

12. Term and termination

12.1 Term and renewal. The Agreement takes effect on the start date stated in the Order Form and continues for the initial term stated there. It renews for successive periods of the same length unless either party gives notice of non-renewal at least thirty (30) days before the end of the then-current term.

12.2 Termination for material breach. Either party may terminate the Agreement, or any Order Form, on written notice if the other party materially breaches the Agreement and fails to cure the breach within thirty (30) days of written notice. A breach of the Acceptable Use Policy or a failure to pay fees when due is a material breach for which no cure period applies.

12.3 Termination for convenience. Either party may terminate the Agreement, or any Order Form, for convenience on at least thirty (30) days’ written notice.

12.4 Effect of termination. On termination, access to the Solution ceases and the Customer’s right to use it ends. Customer Data is permanently deleted within thirty (30) days of termination, save for backups, which are purged on the schedule set out in the Security policy. Fees accrued before termination remain due. Sections that by their nature survive termination — including Sections 2.5, 7, 8, 10, 11, and 14 — continue to apply.

13. Professional Services

If the parties order Professional Services, they are described and scoped in an Order Form, are provided for additional fees, and are not part of the Solution. The service-level commitments in Section 14.2 do not apply to Professional Services.

14. Reference documents and general provisions

14.1 Technical documentation. The technical documentation is incorporated by reference and is available at https://pages.prestancelab.com/legal/documentation. The Customer and Authorized Users must comply with the requirements it sets out.

14.2 Maintenance Services and SLAs. The then-current description of the Maintenance Services and the service-level commitments is incorporated by reference and is available at https://pages.prestancelab.com/legal/maintenance-sla.

14.3 Data Processing Agreement. The Data Processing Agreement is incorporated by reference and is available at https://pages.prestancelab.com/legal/dpa. It governs the processing of personal data under the Agreement and prevails over these GTCs in the event of any conflict on data processing.

14.4 Force majeure. Neither party is liable for any delay or failure to perform its obligations to the extent caused by events beyond its reasonable control, including natural events, pandemics, strikes, government action, failures of third-party infrastructure, and disruptions to public networks or energy supply. The affected party will mitigate the impact and resume performance as soon as reasonably practicable. Time lost to a force-majeure event is excluded from the availability calculation in Section 14.2.

14.5 Security policy. The Security policy is incorporated by reference and is available at https://pages.prestancelab.com/legal/security.

14.6 Privacy policy. The Privacy policy is incorporated by reference and is available at https://pages.prestancelab.com/legal/privacy.

14.7 Acceptable Use Policy. The Acceptable Use Policy is incorporated by reference, as set out in Section 4.2, and is available at https://pages.prestancelab.com/legal/aup.

14.8 Precedence. In the event of a conflict, the Order Form prevails over these GTCs for the commercial terms of the order, the Data Processing Agreement prevails over these GTCs on data-processing matters, and these GTCs prevail over the other incorporated documents except as expressly stated otherwise.

14.9 Notices. Legal notices under the Agreement may be sent to Prestance Lab at its registered office — Prestance Lab, Société par actions simplifiée (SAS), with a share capital of €1,000, registered office 1 rue de Stockholm, 75008 Paris, France, registered with the Registre du Commerce et des Sociétés de Paris under number 104 356 498 (RCS Paris), EUID FR7501.104356498, VAT number FR66104356498 — or by email to legal@prestancelab.com. Notices to the Customer may be sent to the address and email stated in the Order Form. Notices are effective on receipt.

14.10 Assignment. Neither party may assign the Agreement, in whole or in part, without the other party’s prior written consent, except that Prestance Lab may assign the Agreement to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its business.

14.11 Waiver and severability. A waiver of any provision of the Agreement is effective only if in writing. If any provision is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions continue in force.

14.12 Entire agreement. The Agreement constitutes the entire agreement between the parties on its subject matter and supersedes all prior agreements, understandings, and representations, whether written or oral.

14.13 Survival. The provisions that by their nature are intended to survive termination or expiry of the Agreement, including Sections 2.5, 7, 8, 10, 11, and 14, survive it.

14.14 Governing law. The Agreement, and any dispute arising out of or in connection with it, is governed by French law.

14.15 Jurisdiction. Subject to mandatory provisions of applicable law, the courts of Paris, France, have exclusive jurisdiction over any dispute arising out of or in connection with the Agreement.