Terms of Service

1. Definitions

• "CURUBA" or "We": CURUBA SARL, publisher of Nexom.ai, 18 rue Voltaire, 78640 Neauphle-le-Château, France. RCS 519 818 785 Versailles. Share capital: €2,500.
• "Service": The Nexom.ai platform, accessible as SaaS (Software as a Service), including all its features (notes, tasks, messaging, video conferencing, AI, workspaces, email integrations).
• "User" or "You": Any natural or legal person who creates an account and uses the Service.
• "User Content": All data, text, files, notes, contacts, tasks, messages, and other content that the User creates, imports, or stores in the Service.
• "Subscription": The plan chosen by the User determining the features and access limits of the Service.
• "AI Features": Features using artificial intelligence (summaries, suggestions, deep analysis, AI apps, AI assistant).

2. Purpose and Acceptance

These Terms of Service (hereinafter "Terms") govern access to and use of the Nexom.ai Service provided by CURUBA SARL.

By creating an account or using the Service, you accept these Terms in their entirety. If you act on behalf of an organization, you represent that you have the authority to bind that organization.

These Terms are drafted in French and English. In case of discrepancy, the French version prevails for users residing in France, in accordance with the Loi Toubon (Law No. 94-665).

3. Registration and Account

To use the Service, you must create an account by providing accurate and up-to-date information. You are responsible for the confidentiality of your login credentials and all activity under your account.

You must be at least 15 years old and have the legal capacity to enter into a contract. For business accounts, the administrator is responsible for managing access and permissions for members of their organization.

4. Service Description

Nexom.ai is a SaaS productivity and knowledge management platform powered by artificial intelligence. The Service includes:

• Smart notes and knowledge base
• Task and project management
• Contact management
• Instant messaging (text, voice, video)
• AI assistant and AI apps
• Contextual workspaces
• Email and calendar integration
• Data import and export

Available features depend on your Subscription. Details of features per plan are available on the pricing page of the website.

The Service is provided as SaaS. It is not a software license but a right to access a hosted service. A modern web browser and internet connection are required.

5. AI Features — Specific Terms

5.1 Data processing by AI

AI Features process your User Content through third-party providers (Mistral AI, OpenAI, Google, Anthropic) to deliver the service. You can disable any provider from your settings.

5.2 Ownership of AI-generated content

Content generated by AI Features at your request is made available for your use. You are responsible for reviewing and validating any AI-generated content before relying on it or distributing it.

Under French intellectual property law, AI-generated content without original human creative input is not protectable by copyright.

5.3 No training on your data

Your data is never used to train or improve AI models, neither by CURUBA nor by third-party providers.

5.4 AI liability limitation

AI-generated results are provided for informational purposes. They may contain errors, inaccuracies, or biases. CURUBA shall not be held liable for decisions made based on AI-generated content.

6. Subscriptions and Payment

6.1 Plans

The Service is offered in several paid plans. Features and limits for each plan are described on the pricing page of the website.

6.2 Pricing and billing

Prices are displayed in euros excluding tax for professionals. Applicable VAT is added at the time of billing. Billing occurs monthly or annually depending on the chosen period, via automatic payment through Stripe.

6.3 Automatic renewal

Subscriptions are automatically renewed at the end of each period. We will notify you by email at least 30 days before the renewal date.

In the absence of cancellation before the renewal date, the subscription is renewed for an identical period.

6.4 Price changes

We reserve the right to modify prices. Any changes will be notified at least 30 days before taking effect. The new price applies at the next renewal period. You may cancel your subscription if you do not accept the new price.

6.5 Late payment

For professional clients, in accordance with Article L441-10 of the French Commercial Code, any late payment automatically incurs late interest at the rate applied by the ECB plus 10 percentage points, as well as a fixed indemnity of €40 for recovery costs.

7. User Content and Intellectual Property

7.1 Ownership of User Content

You retain full intellectual property rights over your User Content. CURUBA does not acquire any ownership rights over your data.

7.2 License granted to CURUBA

You grant CURUBA a limited, non-exclusive, non-transferable license to store, display, transmit, and back up your User Content, solely for the purpose of providing the Service. This license terminates when your account is closed.

7.3 Platform intellectual property

The Nexom.ai platform, including its software, design, trademarks, and documentation, is the exclusive property of CURUBA SARL. Your Subscription grants you a limited, non-exclusive, non-transferable right to access the Service for the duration of your subscription.

8. Data Protection

The processing of your personal data is governed by our Privacy Policy.

For professional clients whose employees use the Service, a Data Processing Agreement (DPA) compliant with Article 28 of the GDPR is available upon request at privacy@nexom.ai.

9. Acceptable Use

You agree not to:

• Use the Service for illegal purposes or in violation of these Terms
• Store or transmit illegal, defamatory, harassing content or content that infringes third-party rights
• Attempt unauthorized access to the Service, CURUBA's systems or data, or other users' data
• Reverse engineer, decompile, or disassemble the Service software
• Use the Service to send spam or unsolicited commercial communications
• Circumvent security measures or technical limitations of the Service
• Attempt to manipulate, bypass, or subvert the Service's artificial intelligence systems through prompt injection, hidden instructions, or any other technique aimed at altering the intended behavior of AI Features
• Resell or redistribute access to the Service without authorization

Any violation may result in the suspension or termination of your account.

10. Communication Features

The Service integrates communication features (messaging, voice calls, video conferencing). You acknowledge that:

• CURUBA does not monitor the content of your communications, except for AI features explicitly enabled by you.
• Meeting recording requires the consent of all participants.
• You must comply with applicable recording consent laws in your jurisdiction.
• CURUBA may be required to cooperate with authorities under lawful judicial requests.

11. Service Availability

CURUBA commits to using reasonable efforts to ensure the availability of the Service (best-efforts obligation). We do not guarantee 100% availability.

Planned maintenance interruptions will be notified in advance where possible. In case of unplanned interruptions, we will endeavor to restore the service as quickly as possible.

12. Limitation of Liability

For professional users:

CURUBA's total liability is capped at the amount paid by the User during the 12 months preceding the event giving rise to liability. CURUBA shall not be liable for indirect damages, loss of profit, data loss (beyond its reasonable backup obligations), loss of revenue, or third-party claims.

In no event shall CURUBA be held liable for the accuracy, completeness, or relevance of content generated by AI Features.

13. Termination

13.1 Termination by the User

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period.

13.2 Termination by CURUBA

CURUBA may terminate your access for violation of these Terms, after a 30-day notice allowing you to remedy the situation. In case of serious breach (illegal activity, security threat), termination may be immediate.

13.3 Effects of termination

After termination, you have 30 days to export your data. After this period, your User Content will be deleted in accordance with our Privacy Policy.

14. Data Portability

In accordance with GDPR Article 20 and the Data Act (Regulation EU 2023/2854), you may export your data at any time from the platform in standard, machine-readable formats (JSON, CSV, Markdown, HTML). Export is free and unrestricted.

15. Applicable Law and Dispute Resolution

These Terms are governed by French law.

Any dispute shall be subject to the exclusive jurisdiction of the courts of Versailles.

16. Changes to Terms

We reserve the right to modify these Terms. Any material changes will be notified by email and/or in the platform at least 30 days before taking effect, in accordance with Article 14(2) of the Digital Services Act.

Continued use of the Service after the changes take effect constitutes your acceptance. If you do not accept the changes, you may cancel your subscription before they take effect.

Previous versions of the Terms remain available upon request.

17. Force Majeure

In accordance with Article 1218 of the French Civil Code, neither party shall be held liable for failure to perform its obligations in the event of force majeure, defined as an event beyond the debtor's control, that could not reasonably have been foreseen at the time of contracting, and whose effects cannot be avoided by appropriate measures.

Events considered as force majeure include: natural disasters, wars, pandemics, government decisions, major internet infrastructure failures.

Obligations are suspended during the force majeure event. If it persists beyond 3 months, either party may terminate the contract.

18. Miscellaneous

• Severability: If any provision of these Terms is found to be invalid, the remaining provisions shall remain in effect.
• Entire agreement: These Terms constitute the entire agreement between the parties regarding the use of the Service.
• Assignment: CURUBA may assign these Terms in connection with a merger, acquisition, or asset transfer, with prior notice.
• Waiver: Failure to exercise a right does not constitute a waiver of that right.

19. Contact

For any questions regarding these Terms:

CURUBA SARL
18 rue Voltaire, 78640 Neauphle-le-Château, France
Email: support@nexom.ai