Terms and Conditions of Sale
Last updated: April 2026
Between the undersigned:
The company Desirely, a simplified joint-stock company with share capital of €1,000.00, registered with the Paris Trade and Companies Register under number 102 631 108, with its registered office located at 59 rue de Ponthieu, Office 326, 75008 Paris, represented by Mr. Romuald Pouget in his capacity as President, hereinafter referred to as "Desirely",
on the one hand,
And any individual or legal entity, acting exclusively in a professional capacity in connection with its main business activity, who subscribes to the Services, hereinafter referred to as the "User",
on the other hand,
The following has been agreed:
Article 1 - Purpose
These General Terms and Conditions of Sale (hereinafter the "T&Cs") are intended to define the terms under which Desirely provides its conversational AI services to professional Users.
These T&Cs apply to any subscription to Desirely's Services, without restriction or reservation. They prevail over any general terms and conditions of purchase of the User.
These T&Cs complement the Terms of Use (ToU) and the Privacy Policy. In the event of any conflict between the ToU and the T&Cs, the T&Cs shall prevail with respect to commercial matters.
Article 2 - Definitions
The terms defined in the ToU retain the same meaning in these T&Cs. The following terms are added:
"Subscription": means the contract for the provision of the Services entered into by the User under one of the plans offered by Desirely. Each Subscription is linked to a single Model. The User wishing to use the Services for multiple Models must subscribe to a separate Subscription for each Model.
"Commission": means the percentage taken by Desirely on revenue attributable to AI, under the terms set out in Article 6.
"Trial Period": means the fourteen (14) calendar day period following the first subscription, during which no commission is due.
Article 3 - Services
3.1 - Service description
Desirely provides a conversational AI SaaS platform that enables in particular automated management of conversations on Third-Party Platforms, AI personalization according to Model profiles, a configurable alert and notification system, performance tracking and statistics tools, a Chrome extension for linking with Third-Party Platforms, and an automated detection and moderation system.
3.2 - Service changes
Desirely reserves the right to evolve the Services (adding, modifying, or removing features) at any time. The User will be informed of material changes with reasonable prior notice.
3.3 - No guarantees
Desirely does not guarantee an increase in the User's turnover or revenue, the accuracy, relevance, or quality of AI-generated responses, ongoing compatibility with Third-Party Platforms, or any specific conversion or response rate.
Article 4 - Subscription conditions
4.1 - Capacity and professional status
The User declares that they are of legal age, eighteen (18) years old or over, and act exclusively in a professional capacity in connection with their main business activity. The User warrants that they have the legal capacity and the necessary authorizations to subscribe to the Services.
The User expressly acknowledges that subscribing to Desirely's Services falls within the scope of their commercial, professional, or freelance activity. As a result, the User expressly waives any right to rely on consumer or non-professional status within the meaning of the preliminary article of the French Consumer Code and the protective provisions arising therefrom.
These T&Cs are governed exclusively by the Civil Code and the Commercial Code. The provisions of the Consumer Code do not apply to the relationship between Desirely and the User.
Desirely reserves the right, at any time, to request proof of the User's professional status (Kbis extract, INSEE status notice, registration in the equivalent professional register for foreign Users). If such proof is not provided within fifteen (15) working days, Desirely may suspend or terminate access to the Services.
4.2 - Subscription process
Subscription to the Services is completed online via the Platform. The User must create an Account, choose a subscription plan, accept the ToU, the T&Cs, and the Privacy Policy via a dedicated checkbox, and where applicable proceed with payment.
The subscription becomes effective after validation of these steps. Desirely records the date, time, and version of the accepted documents.
Article 5 - Pricing and plans
5.1 - Subscription plans
The prices indicated below are exclusive of tax (excl. VAT). Applicable VAT will be added at the time of invoicing at the current rate.
Desirely offers the following plans:
Free Plan: monthly subscription of €0 excl. VAT per Model, with no commitment. Commission of 15% on revenue attributable to AI (see Article 6).
Starter Monthly Plan: monthly subscription of €59 excl. VAT per Model, with no commitment. Commission of 10% on revenue attributable to AI.
Starter Annual Plan: subscription of €29.50 excl. VAT per month and per Model (i.e. €354 excl. VAT per year), with a twelve (12) month commitment. Commission of 10% on revenue attributable to AI.
Pro Monthly Plan: monthly subscription of €99 excl. VAT per Model, with no commitment. Commission of 10% on revenue attributable to AI.
Pro Annual Plan: subscription of €49.50 excl. VAT per month and per Model (i.e. €594 excl. VAT per year), with a twelve (12) month commitment. Commission of 10% on revenue attributable to AI.
Elite Monthly Plan: monthly subscription of €149 excl. VAT per Model, with no commitment. Commission of 8.5% on revenue attributable to AI.
Elite Annual Plan: subscription of €74.50 excl. VAT per month and per Model (i.e. €894 excl. VAT per year), with a twelve (12) month commitment. Commission of 8.5% on revenue attributable to AI.
5.2 - Subscription per Model
Each Subscription is taken out for one Model only. The User who manages several Models must subscribe separately for each Model. The choice of plan may differ from one Model to another.
5.3 - Trial Period
Any first subscription benefits from a fourteen (14) calendar day Trial Period. During this period, no commission is charged. The subscription, where applicable, remains due. At the end of the Trial Period, commissions apply automatically unless terminated.
5.4 - Price changes
Desirely reserves the right to change its prices at any time. Any price change will be communicated to the User by email with thirty (30) days' prior notice. A User who does not accept the new prices may cancel their subscription before the new prices take effect.
Article 6 - Commissions
6.1 - Principle
In addition to the subscription, Desirely collects a commission on revenue attributable to AI, according to the percentage applicable to the plan chosen by the User (15% for the Free plan, 10% for the Starter and Pro plans, 8.5% for the Elite plan).
Commissions are deducted by offset against the Desirely Balance, as defined in Article 6.3.
6.2 - Commission calculation
Revenue is deemed "attributable to AI" when both of the following cumulative conditions are met: the last message sent to the Fan before the revenue-generating action was written or sent by Desirely's AI, and the Fan performs a revenue-generating action (purchase of paid content, tip, paid subscription, unlocking of paid media) within a reasonable time after that message.
The commission is calculated on the net revenue attributable to AI, meaning the amount generated by the Fan, less the applicable VAT and the commissions charged by the Third-Party Platform.
6.3 - Desirely Balance (prepayment system)
To ensure collection of the commissions due, Desirely operates through a prepaid Balance system, hereinafter referred to as the "Desirely Balance".
The operation is as follows:
The User funds their Desirely Balance by purchasing top-ups available on the Platform. The parity is set at €1 excl. VAT = 1 Balance credit. Commissions generated by AI activity are automatically and in real time deducted from the Desirely Balance. When the Desirely Balance falls below an alert threshold defined on the Platform, the User receives a notification inviting them to top up their Balance. If the Balance is insufficient to cover the commissions due, Desirely reserves the right to suspend AI activity until the Balance is restored.
6.4 - Desirely Balance top-ups
Top-ups are available in several amounts defined on the Platform. Any top-up purchase is final and nonrefundable, except in the event of termination initiated by Desirely without fault on the User's part. In the event of termination initiated by the User, any remaining unused Desirely Balance is not refundable.
The Desirely Balance has no expiration date as long as the User has at least one active Subscription. If all of the User's Subscriptions are terminated, the unused Desirely Balance is retained for a period of twelve (12) months from the end date of the last active Subscription. After this twelve (12) month period without a new Subscription, the remaining Desirely Balance is permanently lost and cannot give rise to any refund.
6.5 - Tracking and transparency
Desirely provides the User with a dashboard allowing real-time tracking of the available Desirely Balance, deducted commissions and corresponding AI-attributable revenues, as well as the full history of top-ups and deductions.
6.6 - Dispute
The User has fifteen (15) days from a deduction to dispute its amount. After that period, the deduction is deemed accepted. The dispute must be substantiated and sent by email to contact@desirely.co.
Article 7 - Payment terms and billing cycle
7.1 - Payment provider
Payments are processed by Stripe Payments Europe Limited (hereinafter "Stripe"), an approved payment service provider. By subscribing to the Services, the User accepts Stripe's general terms and conditions, available at https://stripe.com/fr/legal.
The User remains solely responsible for the validity, funding, and updating of the payment methods they provide.
7.2 - Accepted payment methods
The accepted payment methods are those offered by Stripe on the Platform, in particular bank cards (Visa, Mastercard, American Express) and any other method made available later.
7.3 - Charge date and invoicing
The monthly Subscription is charged on the day of subscription, then on each monthly anniversary date.
The annual Subscription is charged in full on the day of subscription, then on each annual anniversary date.
Desirely Balance top-ups are charged immediately upon purchase.
An invoice is issued and sent to the User by email with each charge, and remains accessible from their Account.
7.4 - Tacit renewal and prior information
In accordance with Article 8 of these T&Cs, Subscriptions are renewed by tacit renewal.
For annual Subscriptions, Desirely undertakes to inform the User by email, no later than thirty (30) days before the renewal date, of the upcoming due date and of their ability not to renew the Subscription. This information also reminds the User of the amount that will be charged and the charge date.
For monthly Subscriptions, the User may cancel at any time from their Account. No prior information is sent before each monthly renewal, given the ability to cancel at any time.
7.5 - Payment failure
In the event of a failed charge (expired card, insufficient funds, opposition, etc.), Desirely, through Stripe, will make up to three (3) attempts to charge within a maximum period of fourteen (14) days.
During this recovery period, the User is notified by email at each attempt and invited to update their payment method from their Account.
After this fourteen (14) day period without regularization:
Access to the Services is automatically suspended;
The Subscription may be terminated by operation of law by Desirely in accordance with Article 9.2;
Amounts due remain payable under the conditions set out in Article 7.7.
7.6 - Updating the payment method
The User may update their payment method at any time from their Account. In the event of a bank card change, it is the User's responsibility to carry out this update before the next due date to avoid any suspension of the Services.
7.7 - Late payment
In the event of late payment, Desirely reserves the right to apply late payment penalties at a rate of three (3) times the applicable statutory interest rate, automatically due and payable without prior formal notice, in accordance with Article L.441-10 of the Commercial Code. A fixed indemnity for collection costs of forty euros (€40) will be due automatically (Article D.441-5 of the Commercial Code).
7.8 - No right of withdrawal
In accordance with Article 4.1 of these T&Cs, the relationship between Desirely and the User does not fall under the Consumer Code. For all purposes, and in any event, since the Services are made available immediately and are consumable as soon as the subscription is taken out, the User expressly waives any right of withdrawal.
Article 8 - Subscription term
8.1 - Monthly plans (Free, Starter Monthly, Pro Monthly, Elite Monthly)
The Subscription is entered into for an indefinite period and renews automatically on a monthly basis.
8.2 - Annual plans (Starter Annual, Pro Annual, Elite Annual)
The Subscription is entered into for a period of twelve (12) months and renews automatically on a yearly basis.
Article 9 - Termination
9.1 - Termination by the User
Monthly plans (Free, Starter Monthly, Pro Monthly, Elite Monthly): the User may cancel at any time. Termination takes effect at the end of the current monthly period.
Annual plans (Starter Annual, Pro Annual, Elite Annual): the User may terminate with thirty (30) days' notice before the annual renewal date. In the event of early termination, the remaining monthly installments until the end of the commitment period remain due.
9.2 - Termination by Desirely
Desirely may terminate the subscription by operation of law, without notice or compensation, in the event of a breach of the ToU or the T&Cs by the User, non-payment of amounts due despite a formal notice remaining unsuccessfully outstanding for fifteen (15) days, breach of Article 6 of the ToU (Protection of Minors), proven or suspected unlawful activity, or judicial liquidation or cessation of the User's activity.
9.3 - Effects of termination
Termination results in the immediate deactivation of the AI and associated Services. Commissions due for the elapsed period remain payable. The User remains liable for payment of all amounts due. Any unused Desirely Balance is retained in accordance with the terms of Article 6.4.
9.4 - Fate of data after termination
From the effective date of termination, the User has thirty (30) calendar days to request the export of their data (AI configuration, Model settings, statistics). After this period, the data will be deleted according to the following schedule: conversation data, AI configurations, and authentication tokens are permanently deleted within 30 days; billing data is retained for 10 years (accounting obligation); account data (email, name) is retained for 3 years for dispute management purposes.
The export request must be sent to contact@desirely.co.
Article 10 - Liability and indemnification
10.1 - Limitation of Desirely's liability
In any event, Desirely's total liability under these T&Cs is limited to the total amount actually paid by the User during the twelve (12) months preceding the event giving rise to liability, excluding commissions.
This limitation applies regardless of the basis of liability (contractual, tort, or otherwise) and regardless of the nature of the loss.
10.2 - Indemnification by the User (hold harmless)
The User agrees to indemnify, defend, and hold harmless Desirely, its officers, employees, and agents, against any claim, action, proceeding, demand for compensation, or sanction brought by third parties (fans, Models, partners, or other third parties), Third-Party Platforms (sanctions, fines, bans, suspensions), regulatory authorities (CNIL, ARCOM, judicial authorities), or any body related to damages resulting from AI-generated messages in connection with the User's use, in each case in connection with the User's use of the Services, the User's failure to comply with the ToU or the T&Cs, the User's failure to comply with applicable law, or the exploitation of AI-generated content under the User's responsibility.
This indemnification obligation covers damages, legal costs, attorney fees, and any other expenses reasonably incurred by Desirely.
Article 11 - Limitation of liability
11.1 - Best-efforts obligation
Desirely is subject to a best-efforts obligation. Desirely undertakes to implement the means necessary for proper provision of the Services but does not guarantee any particular result.
11.2 - Exclusions
Desirely shall not be held liable for any indirect, consequential, or special damages of any kind, loss of turnover, revenue, data, or business opportunities, content and responses generated by AI, actions of Third-Party Platforms (suspension, ban, restriction), acts or omissions of the User or their agents, or any failure attributable to technical subcontractors (OpenAI, Google, Vercel, Clerk, Stripe) or to Third-Party Platforms.
11.3 - Liability cap
Desirely's total liability, for all causes combined, is capped at the total amount actually paid by the User under the subscription (excluding commissions) during the last twelve (12) months.
Article 12 - Intellectual property
The provisions relating to intellectual property are detailed in Article 11 of the ToU and apply in full in the context of these T&Cs.
Article 13 - Data protection
The provisions relating to data protection are detailed in the Privacy Policy and apply in full in the context of these T&Cs.
Article 14 - Force majeure
14.1 - Definition
No party shall be held liable for failure to perform its obligations if such failure results from a case of force majeure within the meaning of Article 1218 of the Civil Code.
14.2 - Force majeure events
The following are considered cases of force majeure, without this list being exhaustive: natural disasters, epidemics and pandemics, wars, acts of terrorism and riots, widespread infrastructure outages (power, telecommunications, Internet), large-scale cyberattacks, governmental or regulatory decisions restricting activity, prolonged failures of AI providers (OpenAI, Google) making it impossible to provide the Services, and major changes to the APIs or access conditions of Third-Party Platforms making it technically impossible to provide the Services.
14.3 - Effects
In the event of force majeure, the obligations of the affected party are suspended for the duration of the event. If the force majeure event lasts more than ninety (90) days, either party may terminate the contract by operation of law, without compensation.
Article 15 - Audit right
15.1 - Principle
Desirely reserves the right to request from the User, within fifteen (15) working days, proof of age verification and majority for the Models managed via the Platform, proof of the User's professional capacity (Kbis extract, trade register entry, or equivalent), and any document justifying compliance with the legal obligations applicable to its activity.
15.2 - Consequences of refusal
The User's refusal or inability to provide the requested documents within the allotted time may result in the immediate suspension of the Services and, where applicable, termination of the subscription.
Article 16 - Severability
If one or more provisions of these T&Cs are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision by a competent court, the other provisions shall remain in full force and effect.
Article 17 - Governing law and jurisdiction
These T&Cs are governed by French law.
In the event of a dispute, the parties agree to seek an amicable solution within thirty (30) days. Failing that, any dispute shall fall under the exclusive jurisdiction of the competent courts of Paris (France).
Article 18 - Contact
Email: contact@desirely.co
Phone: 06 25 29 26 14
Form: https://www.desirely.co/contact
Last updated: April 2026
Between the undersigned:
The company Desirely, a simplified joint-stock company with share capital of €1,000.00, registered with the Paris Trade and Companies Register under number 102 631 108, with its registered office located at 59 rue de Ponthieu, Office 326, 75008 Paris, represented by Mr. Romuald Pouget in his capacity as President, hereinafter referred to as "Desirely",
on the one hand,
And any individual or legal entity, acting exclusively in a professional capacity in connection with its main business activity, who subscribes to the Services, hereinafter referred to as the "User",
on the other hand,
The following has been agreed:
Article 1 - Purpose
These General Terms and Conditions of Sale (hereinafter the "T&Cs") are intended to define the terms under which Desirely provides its conversational AI services to professional Users.
These T&Cs apply to any subscription to Desirely's Services, without restriction or reservation. They prevail over any general terms and conditions of purchase of the User.
These T&Cs complement the Terms of Use (ToU) and the Privacy Policy. In the event of any conflict between the ToU and the T&Cs, the T&Cs shall prevail with respect to commercial matters.
Article 2 - Definitions
The terms defined in the ToU retain the same meaning in these T&Cs. The following terms are added:
"Subscription": means the contract for the provision of the Services entered into by the User under one of the plans offered by Desirely. Each Subscription is linked to a single Model. The User wishing to use the Services for multiple Models must subscribe to a separate Subscription for each Model.
"Commission": means the percentage taken by Desirely on revenue attributable to AI, under the terms set out in Article 6.
"Trial Period": means the fourteen (14) calendar day period following the first subscription, during which no commission is due.
Article 3 - Services
3.1 - Service description
Desirely provides a conversational AI SaaS platform that enables in particular automated management of conversations on Third-Party Platforms, AI personalization according to Model profiles, a configurable alert and notification system, performance tracking and statistics tools, a Chrome extension for linking with Third-Party Platforms, and an automated detection and moderation system.
3.2 - Service changes
Desirely reserves the right to evolve the Services (adding, modifying, or removing features) at any time. The User will be informed of material changes with reasonable prior notice.
3.3 - No guarantees
Desirely does not guarantee an increase in the User's turnover or revenue, the accuracy, relevance, or quality of AI-generated responses, ongoing compatibility with Third-Party Platforms, or any specific conversion or response rate.
Article 4 - Subscription conditions
4.1 - Capacity and professional status
The User declares that they are of legal age, eighteen (18) years old or over, and act exclusively in a professional capacity in connection with their main business activity. The User warrants that they have the legal capacity and the necessary authorizations to subscribe to the Services.
The User expressly acknowledges that subscribing to Desirely's Services falls within the scope of their commercial, professional, or freelance activity. As a result, the User expressly waives any right to rely on consumer or non-professional status within the meaning of the preliminary article of the French Consumer Code and the protective provisions arising therefrom.
These T&Cs are governed exclusively by the Civil Code and the Commercial Code. The provisions of the Consumer Code do not apply to the relationship between Desirely and the User.
Desirely reserves the right, at any time, to request proof of the User's professional status (Kbis extract, INSEE status notice, registration in the equivalent professional register for foreign Users). If such proof is not provided within fifteen (15) working days, Desirely may suspend or terminate access to the Services.
4.2 - Subscription process
Subscription to the Services is completed online via the Platform. The User must create an Account, choose a subscription plan, accept the ToU, the T&Cs, and the Privacy Policy via a dedicated checkbox, and where applicable proceed with payment.
The subscription becomes effective after validation of these steps. Desirely records the date, time, and version of the accepted documents.
Article 5 - Pricing and plans
5.1 - Subscription plans
The prices indicated below are exclusive of tax (excl. VAT). Applicable VAT will be added at the time of invoicing at the current rate.
Desirely offers the following plans:
Free Plan: monthly subscription of €0 excl. VAT per Model, with no commitment. Commission of 15% on revenue attributable to AI (see Article 6).
Starter Monthly Plan: monthly subscription of €59 excl. VAT per Model, with no commitment. Commission of 10% on revenue attributable to AI.
Starter Annual Plan: subscription of €29.50 excl. VAT per month and per Model (i.e. €354 excl. VAT per year), with a twelve (12) month commitment. Commission of 10% on revenue attributable to AI.
Pro Monthly Plan: monthly subscription of €99 excl. VAT per Model, with no commitment. Commission of 10% on revenue attributable to AI.
Pro Annual Plan: subscription of €49.50 excl. VAT per month and per Model (i.e. €594 excl. VAT per year), with a twelve (12) month commitment. Commission of 10% on revenue attributable to AI.
Elite Monthly Plan: monthly subscription of €149 excl. VAT per Model, with no commitment. Commission of 8.5% on revenue attributable to AI.
Elite Annual Plan: subscription of €74.50 excl. VAT per month and per Model (i.e. €894 excl. VAT per year), with a twelve (12) month commitment. Commission of 8.5% on revenue attributable to AI.
5.2 - Subscription per Model
Each Subscription is taken out for one Model only. The User who manages several Models must subscribe separately for each Model. The choice of plan may differ from one Model to another.
5.3 - Trial Period
Any first subscription benefits from a fourteen (14) calendar day Trial Period. During this period, no commission is charged. The subscription, where applicable, remains due. At the end of the Trial Period, commissions apply automatically unless terminated.
5.4 - Price changes
Desirely reserves the right to change its prices at any time. Any price change will be communicated to the User by email with thirty (30) days' prior notice. A User who does not accept the new prices may cancel their subscription before the new prices take effect.
Article 6 - Commissions
6.1 - Principle
In addition to the subscription, Desirely collects a commission on revenue attributable to AI, according to the percentage applicable to the plan chosen by the User (15% for the Free plan, 10% for the Starter and Pro plans, 8.5% for the Elite plan).
Commissions are deducted by offset against the Desirely Balance, as defined in Article 6.3.
6.2 - Commission calculation
Revenue is deemed "attributable to AI" when both of the following cumulative conditions are met: the last message sent to the Fan before the revenue-generating action was written or sent by Desirely's AI, and the Fan performs a revenue-generating action (purchase of paid content, tip, paid subscription, unlocking of paid media) within a reasonable time after that message.
The commission is calculated on the net revenue attributable to AI, meaning the amount generated by the Fan, less the applicable VAT and the commissions charged by the Third-Party Platform.
6.3 - Desirely Balance (prepayment system)
To ensure collection of the commissions due, Desirely operates through a prepaid Balance system, hereinafter referred to as the "Desirely Balance".
The operation is as follows:
The User funds their Desirely Balance by purchasing top-ups available on the Platform. The parity is set at €1 excl. VAT = 1 Balance credit. Commissions generated by AI activity are automatically and in real time deducted from the Desirely Balance. When the Desirely Balance falls below an alert threshold defined on the Platform, the User receives a notification inviting them to top up their Balance. If the Balance is insufficient to cover the commissions due, Desirely reserves the right to suspend AI activity until the Balance is restored.
6.4 - Desirely Balance top-ups
Top-ups are available in several amounts defined on the Platform. Any top-up purchase is final and nonrefundable, except in the event of termination initiated by Desirely without fault on the User's part. In the event of termination initiated by the User, any remaining unused Desirely Balance is not refundable.
The Desirely Balance has no expiration date as long as the User has at least one active Subscription. If all of the User's Subscriptions are terminated, the unused Desirely Balance is retained for a period of twelve (12) months from the end date of the last active Subscription. After this twelve (12) month period without a new Subscription, the remaining Desirely Balance is permanently lost and cannot give rise to any refund.
6.5 - Tracking and transparency
Desirely provides the User with a dashboard allowing real-time tracking of the available Desirely Balance, deducted commissions and corresponding AI-attributable revenues, as well as the full history of top-ups and deductions.
6.6 - Dispute
The User has fifteen (15) days from a deduction to dispute its amount. After that period, the deduction is deemed accepted. The dispute must be substantiated and sent by email to contact@desirely.co.
Article 7 - Payment terms and billing cycle
7.1 - Payment provider
Payments are processed by Stripe Payments Europe Limited (hereinafter "Stripe"), an approved payment service provider. By subscribing to the Services, the User accepts Stripe's general terms and conditions, available at https://stripe.com/fr/legal.
The User remains solely responsible for the validity, funding, and updating of the payment methods they provide.
7.2 - Accepted payment methods
The accepted payment methods are those offered by Stripe on the Platform, in particular bank cards (Visa, Mastercard, American Express) and any other method made available later.
7.3 - Charge date and invoicing
The monthly Subscription is charged on the day of subscription, then on each monthly anniversary date.
The annual Subscription is charged in full on the day of subscription, then on each annual anniversary date.
Desirely Balance top-ups are charged immediately upon purchase.
An invoice is issued and sent to the User by email with each charge, and remains accessible from their Account.
7.4 - Tacit renewal and prior information
In accordance with Article 8 of these T&Cs, Subscriptions are renewed by tacit renewal.
For annual Subscriptions, Desirely undertakes to inform the User by email, no later than thirty (30) days before the renewal date, of the upcoming due date and of their ability not to renew the Subscription. This information also reminds the User of the amount that will be charged and the charge date.
For monthly Subscriptions, the User may cancel at any time from their Account. No prior information is sent before each monthly renewal, given the ability to cancel at any time.
7.5 - Payment failure
In the event of a failed charge (expired card, insufficient funds, opposition, etc.), Desirely, through Stripe, will make up to three (3) attempts to charge within a maximum period of fourteen (14) days.
During this recovery period, the User is notified by email at each attempt and invited to update their payment method from their Account.
After this fourteen (14) day period without regularization:
Access to the Services is automatically suspended;
The Subscription may be terminated by operation of law by Desirely in accordance with Article 9.2;
Amounts due remain payable under the conditions set out in Article 7.7.
7.6 - Updating the payment method
The User may update their payment method at any time from their Account. In the event of a bank card change, it is the User's responsibility to carry out this update before the next due date to avoid any suspension of the Services.
7.7 - Late payment
In the event of late payment, Desirely reserves the right to apply late payment penalties at a rate of three (3) times the applicable statutory interest rate, automatically due and payable without prior formal notice, in accordance with Article L.441-10 of the Commercial Code. A fixed indemnity for collection costs of forty euros (€40) will be due automatically (Article D.441-5 of the Commercial Code).
7.8 - No right of withdrawal
In accordance with Article 4.1 of these T&Cs, the relationship between Desirely and the User does not fall under the Consumer Code. For all purposes, and in any event, since the Services are made available immediately and are consumable as soon as the subscription is taken out, the User expressly waives any right of withdrawal.
Article 8 - Subscription term
8.1 - Monthly plans (Free, Starter Monthly, Pro Monthly, Elite Monthly)
The Subscription is entered into for an indefinite period and renews automatically on a monthly basis.
8.2 - Annual plans (Starter Annual, Pro Annual, Elite Annual)
The Subscription is entered into for a period of twelve (12) months and renews automatically on a yearly basis.
Article 9 - Termination
9.1 - Termination by the User
Monthly plans (Free, Starter Monthly, Pro Monthly, Elite Monthly): the User may cancel at any time. Termination takes effect at the end of the current monthly period.
Annual plans (Starter Annual, Pro Annual, Elite Annual): the User may terminate with thirty (30) days' notice before the annual renewal date. In the event of early termination, the remaining monthly installments until the end of the commitment period remain due.
9.2 - Termination by Desirely
Desirely may terminate the subscription by operation of law, without notice or compensation, in the event of a breach of the ToU or the T&Cs by the User, non-payment of amounts due despite a formal notice remaining unsuccessfully outstanding for fifteen (15) days, breach of Article 6 of the ToU (Protection of Minors), proven or suspected unlawful activity, or judicial liquidation or cessation of the User's activity.
9.3 - Effects of termination
Termination results in the immediate deactivation of the AI and associated Services. Commissions due for the elapsed period remain payable. The User remains liable for payment of all amounts due. Any unused Desirely Balance is retained in accordance with the terms of Article 6.4.
9.4 - Fate of data after termination
From the effective date of termination, the User has thirty (30) calendar days to request the export of their data (AI configuration, Model settings, statistics). After this period, the data will be deleted according to the following schedule: conversation data, AI configurations, and authentication tokens are permanently deleted within 30 days; billing data is retained for 10 years (accounting obligation); account data (email, name) is retained for 3 years for dispute management purposes.
The export request must be sent to contact@desirely.co.
Article 10 - Liability and indemnification
10.1 - Limitation of Desirely's liability
In any event, Desirely's total liability under these T&Cs is limited to the total amount actually paid by the User during the twelve (12) months preceding the event giving rise to liability, excluding commissions.
This limitation applies regardless of the basis of liability (contractual, tort, or otherwise) and regardless of the nature of the loss.
10.2 - Indemnification by the User (hold harmless)
The User agrees to indemnify, defend, and hold harmless Desirely, its officers, employees, and agents, against any claim, action, proceeding, demand for compensation, or sanction brought by third parties (fans, Models, partners, or other third parties), Third-Party Platforms (sanctions, fines, bans, suspensions), regulatory authorities (CNIL, ARCOM, judicial authorities), or any body related to damages resulting from AI-generated messages in connection with the User's use, in each case in connection with the User's use of the Services, the User's failure to comply with the ToU or the T&Cs, the User's failure to comply with applicable law, or the exploitation of AI-generated content under the User's responsibility.
This indemnification obligation covers damages, legal costs, attorney fees, and any other expenses reasonably incurred by Desirely.
Article 11 - Limitation of liability
11.1 - Best-efforts obligation
Desirely is subject to a best-efforts obligation. Desirely undertakes to implement the means necessary for proper provision of the Services but does not guarantee any particular result.
11.2 - Exclusions
Desirely shall not be held liable for any indirect, consequential, or special damages of any kind, loss of turnover, revenue, data, or business opportunities, content and responses generated by AI, actions of Third-Party Platforms (suspension, ban, restriction), acts or omissions of the User or their agents, or any failure attributable to technical subcontractors (OpenAI, Google, Vercel, Clerk, Stripe) or to Third-Party Platforms.
11.3 - Liability cap
Desirely's total liability, for all causes combined, is capped at the total amount actually paid by the User under the subscription (excluding commissions) during the last twelve (12) months.
Article 12 - Intellectual property
The provisions relating to intellectual property are detailed in Article 11 of the ToU and apply in full in the context of these T&Cs.
Article 13 - Data protection
The provisions relating to data protection are detailed in the Privacy Policy and apply in full in the context of these T&Cs.
Article 14 - Force majeure
14.1 - Definition
No party shall be held liable for failure to perform its obligations if such failure results from a case of force majeure within the meaning of Article 1218 of the Civil Code.
14.2 - Force majeure events
The following are considered cases of force majeure, without this list being exhaustive: natural disasters, epidemics and pandemics, wars, acts of terrorism and riots, widespread infrastructure outages (power, telecommunications, Internet), large-scale cyberattacks, governmental or regulatory decisions restricting activity, prolonged failures of AI providers (OpenAI, Google) making it impossible to provide the Services, and major changes to the APIs or access conditions of Third-Party Platforms making it technically impossible to provide the Services.
14.3 - Effects
In the event of force majeure, the obligations of the affected party are suspended for the duration of the event. If the force majeure event lasts more than ninety (90) days, either party may terminate the contract by operation of law, without compensation.
Article 15 - Audit right
15.1 - Principle
Desirely reserves the right to request from the User, within fifteen (15) working days, proof of age verification and majority for the Models managed via the Platform, proof of the User's professional capacity (Kbis extract, trade register entry, or equivalent), and any document justifying compliance with the legal obligations applicable to its activity.
15.2 - Consequences of refusal
The User's refusal or inability to provide the requested documents within the allotted time may result in the immediate suspension of the Services and, where applicable, termination of the subscription.
Article 16 - Severability
If one or more provisions of these T&Cs are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision by a competent court, the other provisions shall remain in full force and effect.
Article 17 - Governing law and jurisdiction
These T&Cs are governed by French law.
In the event of a dispute, the parties agree to seek an amicable solution within thirty (30) days. Failing that, any dispute shall fall under the exclusive jurisdiction of the competent courts of Paris (France).
Article 18 - Contact
Email: contact@desirely.co
Phone: 06 25 29 26 14
Form: https://www.desirely.co/contact
Last updated: April 2026
Between the undersigned:
The company Desirely, a simplified joint-stock company with share capital of €1,000.00, registered with the Paris Trade and Companies Register under number 102 631 108, with its registered office located at 59 rue de Ponthieu, Office 326, 75008 Paris, represented by Mr. Romuald Pouget in his capacity as President, hereinafter referred to as "Desirely",
on the one hand,
And any individual or legal entity, acting exclusively in a professional capacity in connection with its main business activity, who subscribes to the Services, hereinafter referred to as the "User",
on the other hand,
The following has been agreed:
Article 1 - Purpose
These General Terms and Conditions of Sale (hereinafter the "T&Cs") are intended to define the terms under which Desirely provides its conversational AI services to professional Users.
These T&Cs apply to any subscription to Desirely's Services, without restriction or reservation. They prevail over any general terms and conditions of purchase of the User.
These T&Cs complement the Terms of Use (ToU) and the Privacy Policy. In the event of any conflict between the ToU and the T&Cs, the T&Cs shall prevail with respect to commercial matters.
Article 2 - Definitions
The terms defined in the ToU retain the same meaning in these T&Cs. The following terms are added:
"Subscription": means the contract for the provision of the Services entered into by the User under one of the plans offered by Desirely. Each Subscription is linked to a single Model. The User wishing to use the Services for multiple Models must subscribe to a separate Subscription for each Model.
"Commission": means the percentage taken by Desirely on revenue attributable to AI, under the terms set out in Article 6.
"Trial Period": means the fourteen (14) calendar day period following the first subscription, during which no commission is due.
Article 3 - Services
3.1 - Service description
Desirely provides a conversational AI SaaS platform that enables in particular automated management of conversations on Third-Party Platforms, AI personalization according to Model profiles, a configurable alert and notification system, performance tracking and statistics tools, a Chrome extension for linking with Third-Party Platforms, and an automated detection and moderation system.
3.2 - Service changes
Desirely reserves the right to evolve the Services (adding, modifying, or removing features) at any time. The User will be informed of material changes with reasonable prior notice.
3.3 - No guarantees
Desirely does not guarantee an increase in the User's turnover or revenue, the accuracy, relevance, or quality of AI-generated responses, ongoing compatibility with Third-Party Platforms, or any specific conversion or response rate.
Article 4 - Subscription conditions
4.1 - Capacity and professional status
The User declares that they are of legal age, eighteen (18) years old or over, and act exclusively in a professional capacity in connection with their main business activity. The User warrants that they have the legal capacity and the necessary authorizations to subscribe to the Services.
The User expressly acknowledges that subscribing to Desirely's Services falls within the scope of their commercial, professional, or freelance activity. As a result, the User expressly waives any right to rely on consumer or non-professional status within the meaning of the preliminary article of the French Consumer Code and the protective provisions arising therefrom.
These T&Cs are governed exclusively by the Civil Code and the Commercial Code. The provisions of the Consumer Code do not apply to the relationship between Desirely and the User.
Desirely reserves the right, at any time, to request proof of the User's professional status (Kbis extract, INSEE status notice, registration in the equivalent professional register for foreign Users). If such proof is not provided within fifteen (15) working days, Desirely may suspend or terminate access to the Services.
4.2 - Subscription process
Subscription to the Services is completed online via the Platform. The User must create an Account, choose a subscription plan, accept the ToU, the T&Cs, and the Privacy Policy via a dedicated checkbox, and where applicable proceed with payment.
The subscription becomes effective after validation of these steps. Desirely records the date, time, and version of the accepted documents.
Article 5 - Pricing and plans
5.1 - Subscription plans
The prices indicated below are exclusive of tax (excl. VAT). Applicable VAT will be added at the time of invoicing at the current rate.
Desirely offers the following plans:
Free Plan: monthly subscription of €0 excl. VAT per Model, with no commitment. Commission of 15% on revenue attributable to AI (see Article 6).
Starter Monthly Plan: monthly subscription of €59 excl. VAT per Model, with no commitment. Commission of 10% on revenue attributable to AI.
Starter Annual Plan: subscription of €29.50 excl. VAT per month and per Model (i.e. €354 excl. VAT per year), with a twelve (12) month commitment. Commission of 10% on revenue attributable to AI.
Pro Monthly Plan: monthly subscription of €99 excl. VAT per Model, with no commitment. Commission of 10% on revenue attributable to AI.
Pro Annual Plan: subscription of €49.50 excl. VAT per month and per Model (i.e. €594 excl. VAT per year), with a twelve (12) month commitment. Commission of 10% on revenue attributable to AI.
Elite Monthly Plan: monthly subscription of €149 excl. VAT per Model, with no commitment. Commission of 8.5% on revenue attributable to AI.
Elite Annual Plan: subscription of €74.50 excl. VAT per month and per Model (i.e. €894 excl. VAT per year), with a twelve (12) month commitment. Commission of 8.5% on revenue attributable to AI.
5.2 - Subscription per Model
Each Subscription is taken out for one Model only. The User who manages several Models must subscribe separately for each Model. The choice of plan may differ from one Model to another.
5.3 - Trial Period
Any first subscription benefits from a fourteen (14) calendar day Trial Period. During this period, no commission is charged. The subscription, where applicable, remains due. At the end of the Trial Period, commissions apply automatically unless terminated.
5.4 - Price changes
Desirely reserves the right to change its prices at any time. Any price change will be communicated to the User by email with thirty (30) days' prior notice. A User who does not accept the new prices may cancel their subscription before the new prices take effect.
Article 6 - Commissions
6.1 - Principle
In addition to the subscription, Desirely collects a commission on revenue attributable to AI, according to the percentage applicable to the plan chosen by the User (15% for the Free plan, 10% for the Starter and Pro plans, 8.5% for the Elite plan).
Commissions are deducted by offset against the Desirely Balance, as defined in Article 6.3.
6.2 - Commission calculation
Revenue is deemed "attributable to AI" when both of the following cumulative conditions are met: the last message sent to the Fan before the revenue-generating action was written or sent by Desirely's AI, and the Fan performs a revenue-generating action (purchase of paid content, tip, paid subscription, unlocking of paid media) within a reasonable time after that message.
The commission is calculated on the net revenue attributable to AI, meaning the amount generated by the Fan, less the applicable VAT and the commissions charged by the Third-Party Platform.
6.3 - Desirely Balance (prepayment system)
To ensure collection of the commissions due, Desirely operates through a prepaid Balance system, hereinafter referred to as the "Desirely Balance".
The operation is as follows:
The User funds their Desirely Balance by purchasing top-ups available on the Platform. The parity is set at €1 excl. VAT = 1 Balance credit. Commissions generated by AI activity are automatically and in real time deducted from the Desirely Balance. When the Desirely Balance falls below an alert threshold defined on the Platform, the User receives a notification inviting them to top up their Balance. If the Balance is insufficient to cover the commissions due, Desirely reserves the right to suspend AI activity until the Balance is restored.
6.4 - Desirely Balance top-ups
Top-ups are available in several amounts defined on the Platform. Any top-up purchase is final and nonrefundable, except in the event of termination initiated by Desirely without fault on the User's part. In the event of termination initiated by the User, any remaining unused Desirely Balance is not refundable.
The Desirely Balance has no expiration date as long as the User has at least one active Subscription. If all of the User's Subscriptions are terminated, the unused Desirely Balance is retained for a period of twelve (12) months from the end date of the last active Subscription. After this twelve (12) month period without a new Subscription, the remaining Desirely Balance is permanently lost and cannot give rise to any refund.
6.5 - Tracking and transparency
Desirely provides the User with a dashboard allowing real-time tracking of the available Desirely Balance, deducted commissions and corresponding AI-attributable revenues, as well as the full history of top-ups and deductions.
6.6 - Dispute
The User has fifteen (15) days from a deduction to dispute its amount. After that period, the deduction is deemed accepted. The dispute must be substantiated and sent by email to contact@desirely.co.
Article 7 - Payment terms and billing cycle
7.1 - Payment provider
Payments are processed by Stripe Payments Europe Limited (hereinafter "Stripe"), an approved payment service provider. By subscribing to the Services, the User accepts Stripe's general terms and conditions, available at https://stripe.com/fr/legal.
The User remains solely responsible for the validity, funding, and updating of the payment methods they provide.
7.2 - Accepted payment methods
The accepted payment methods are those offered by Stripe on the Platform, in particular bank cards (Visa, Mastercard, American Express) and any other method made available later.
7.3 - Charge date and invoicing
The monthly Subscription is charged on the day of subscription, then on each monthly anniversary date.
The annual Subscription is charged in full on the day of subscription, then on each annual anniversary date.
Desirely Balance top-ups are charged immediately upon purchase.
An invoice is issued and sent to the User by email with each charge, and remains accessible from their Account.
7.4 - Tacit renewal and prior information
In accordance with Article 8 of these T&Cs, Subscriptions are renewed by tacit renewal.
For annual Subscriptions, Desirely undertakes to inform the User by email, no later than thirty (30) days before the renewal date, of the upcoming due date and of their ability not to renew the Subscription. This information also reminds the User of the amount that will be charged and the charge date.
For monthly Subscriptions, the User may cancel at any time from their Account. No prior information is sent before each monthly renewal, given the ability to cancel at any time.
7.5 - Payment failure
In the event of a failed charge (expired card, insufficient funds, opposition, etc.), Desirely, through Stripe, will make up to three (3) attempts to charge within a maximum period of fourteen (14) days.
During this recovery period, the User is notified by email at each attempt and invited to update their payment method from their Account.
After this fourteen (14) day period without regularization:
Access to the Services is automatically suspended;
The Subscription may be terminated by operation of law by Desirely in accordance with Article 9.2;
Amounts due remain payable under the conditions set out in Article 7.7.
7.6 - Updating the payment method
The User may update their payment method at any time from their Account. In the event of a bank card change, it is the User's responsibility to carry out this update before the next due date to avoid any suspension of the Services.
7.7 - Late payment
In the event of late payment, Desirely reserves the right to apply late payment penalties at a rate of three (3) times the applicable statutory interest rate, automatically due and payable without prior formal notice, in accordance with Article L.441-10 of the Commercial Code. A fixed indemnity for collection costs of forty euros (€40) will be due automatically (Article D.441-5 of the Commercial Code).
7.8 - No right of withdrawal
In accordance with Article 4.1 of these T&Cs, the relationship between Desirely and the User does not fall under the Consumer Code. For all purposes, and in any event, since the Services are made available immediately and are consumable as soon as the subscription is taken out, the User expressly waives any right of withdrawal.
Article 8 - Subscription term
8.1 - Monthly plans (Free, Starter Monthly, Pro Monthly, Elite Monthly)
The Subscription is entered into for an indefinite period and renews automatically on a monthly basis.
8.2 - Annual plans (Starter Annual, Pro Annual, Elite Annual)
The Subscription is entered into for a period of twelve (12) months and renews automatically on a yearly basis.
Article 9 - Termination
9.1 - Termination by the User
Monthly plans (Free, Starter Monthly, Pro Monthly, Elite Monthly): the User may cancel at any time. Termination takes effect at the end of the current monthly period.
Annual plans (Starter Annual, Pro Annual, Elite Annual): the User may terminate with thirty (30) days' notice before the annual renewal date. In the event of early termination, the remaining monthly installments until the end of the commitment period remain due.
9.2 - Termination by Desirely
Desirely may terminate the subscription by operation of law, without notice or compensation, in the event of a breach of the ToU or the T&Cs by the User, non-payment of amounts due despite a formal notice remaining unsuccessfully outstanding for fifteen (15) days, breach of Article 6 of the ToU (Protection of Minors), proven or suspected unlawful activity, or judicial liquidation or cessation of the User's activity.
9.3 - Effects of termination
Termination results in the immediate deactivation of the AI and associated Services. Commissions due for the elapsed period remain payable. The User remains liable for payment of all amounts due. Any unused Desirely Balance is retained in accordance with the terms of Article 6.4.
9.4 - Fate of data after termination
From the effective date of termination, the User has thirty (30) calendar days to request the export of their data (AI configuration, Model settings, statistics). After this period, the data will be deleted according to the following schedule: conversation data, AI configurations, and authentication tokens are permanently deleted within 30 days; billing data is retained for 10 years (accounting obligation); account data (email, name) is retained for 3 years for dispute management purposes.
The export request must be sent to contact@desirely.co.
Article 10 - Liability and indemnification
10.1 - Limitation of Desirely's liability
In any event, Desirely's total liability under these T&Cs is limited to the total amount actually paid by the User during the twelve (12) months preceding the event giving rise to liability, excluding commissions.
This limitation applies regardless of the basis of liability (contractual, tort, or otherwise) and regardless of the nature of the loss.
10.2 - Indemnification by the User (hold harmless)
The User agrees to indemnify, defend, and hold harmless Desirely, its officers, employees, and agents, against any claim, action, proceeding, demand for compensation, or sanction brought by third parties (fans, Models, partners, or other third parties), Third-Party Platforms (sanctions, fines, bans, suspensions), regulatory authorities (CNIL, ARCOM, judicial authorities), or any body related to damages resulting from AI-generated messages in connection with the User's use, in each case in connection with the User's use of the Services, the User's failure to comply with the ToU or the T&Cs, the User's failure to comply with applicable law, or the exploitation of AI-generated content under the User's responsibility.
This indemnification obligation covers damages, legal costs, attorney fees, and any other expenses reasonably incurred by Desirely.
Article 11 - Limitation of liability
11.1 - Best-efforts obligation
Desirely is subject to a best-efforts obligation. Desirely undertakes to implement the means necessary for proper provision of the Services but does not guarantee any particular result.
11.2 - Exclusions
Desirely shall not be held liable for any indirect, consequential, or special damages of any kind, loss of turnover, revenue, data, or business opportunities, content and responses generated by AI, actions of Third-Party Platforms (suspension, ban, restriction), acts or omissions of the User or their agents, or any failure attributable to technical subcontractors (OpenAI, Google, Vercel, Clerk, Stripe) or to Third-Party Platforms.
11.3 - Liability cap
Desirely's total liability, for all causes combined, is capped at the total amount actually paid by the User under the subscription (excluding commissions) during the last twelve (12) months.
Article 12 - Intellectual property
The provisions relating to intellectual property are detailed in Article 11 of the ToU and apply in full in the context of these T&Cs.
Article 13 - Data protection
The provisions relating to data protection are detailed in the Privacy Policy and apply in full in the context of these T&Cs.
Article 14 - Force majeure
14.1 - Definition
No party shall be held liable for failure to perform its obligations if such failure results from a case of force majeure within the meaning of Article 1218 of the Civil Code.
14.2 - Force majeure events
The following are considered cases of force majeure, without this list being exhaustive: natural disasters, epidemics and pandemics, wars, acts of terrorism and riots, widespread infrastructure outages (power, telecommunications, Internet), large-scale cyberattacks, governmental or regulatory decisions restricting activity, prolonged failures of AI providers (OpenAI, Google) making it impossible to provide the Services, and major changes to the APIs or access conditions of Third-Party Platforms making it technically impossible to provide the Services.
14.3 - Effects
In the event of force majeure, the obligations of the affected party are suspended for the duration of the event. If the force majeure event lasts more than ninety (90) days, either party may terminate the contract by operation of law, without compensation.
Article 15 - Audit right
15.1 - Principle
Desirely reserves the right to request from the User, within fifteen (15) working days, proof of age verification and majority for the Models managed via the Platform, proof of the User's professional capacity (Kbis extract, trade register entry, or equivalent), and any document justifying compliance with the legal obligations applicable to its activity.
15.2 - Consequences of refusal
The User's refusal or inability to provide the requested documents within the allotted time may result in the immediate suspension of the Services and, where applicable, termination of the subscription.
Article 16 - Severability
If one or more provisions of these T&Cs are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision by a competent court, the other provisions shall remain in full force and effect.
Article 17 - Governing law and jurisdiction
These T&Cs are governed by French law.
In the event of a dispute, the parties agree to seek an amicable solution within thirty (30) days. Failing that, any dispute shall fall under the exclusive jurisdiction of the competent courts of Paris (France).
Article 18 - Contact
Email: contact@desirely.co
Phone: 06 25 29 26 14
Form: https://www.desirely.co/contact
APPENDIX 1 - Data Processing Agreement (DPA)
This appendix forms an integral part of the Terms and Conditions. Its purpose is to govern the subcontracting of personal data processing carried out by Desirely on behalf of the User, in accordance with Article 28 of the GDPR.
Article 1 - Role of the parties
The User, as an agency or creator using the Platform to manage conversations with its fans, acts as the controller of fans' personal data.
Desirely, as the publisher of the Platform processing this data on behalf of the User, acts as a processor within the meaning of Article 4.8 of the GDPR.
Article 2 - Purpose and nature of processing
Desirely processes the following personal data on behalf of the User:
Fan identifiers on Third-Party Platforms (pseudonyms, usernames) ;
Content of messages exchanged between the Models and fans ;
Behavioral data inferred from conversations (interests, purchase history, engagement scoring).
The purposes of the processing are: AI-powered automated response generation, purchase signal detection, automated moderation, minor detection, and the production of statistics for the User.
The processing period matches the subscription term, plus the retention periods set out in Article 9 of the Privacy Policy.
Article 3 - Desirely's obligations
Desirely undertakes to:
Process personal data only on the User's documented instructions (the Terms of Use, Terms and Conditions, and the settings configured by the User serving as instructions) ;
Ensure that persons authorized to process the data are bound by confidentiality obligations ;
Implement appropriate technical and organizational security measures described in Article 15 of the Privacy Policy ;
Not use conversation data to train, improve, or develop its AI models or those of third parties ;
Assist the User in complying with its own GDPR obligations (responses to data subject requests, impact assessments, breach notifications) ;
Notify the User as soon as possible, and no later than seventy-two (72) hours, of any data breach affecting it ;
Make available to the User all information necessary to demonstrate compliance with the obligations under this DPA.
Article 4 - User obligations
The User undertakes to:
Inform the data subjects (fans) about the processing of their data and the use of an AI-powered system, in accordance with Articles 13 and 14 of the GDPR and Article 50 of the AI Act ;
Collect, where required, the necessary consents ;
Provide Desirely with instructions that comply with applicable law ;
Respond to requests from data subjects exercising their GDPR rights (with Desirely assisting the User upon request).
Article 5 - Subprocessors
The User expressly authorizes Desirely to use the subprocessors listed in Article 7 of the Privacy Policy.
Desirely will inform the User of any planned change involving the addition or replacement of a subprocessor by updating the Privacy Policy, thereby giving the User the opportunity to raise objections to such changes.
Article 6 - Transfers outside the EU
Data transfers outside the European Union are governed by the safeguards set out in Article 8 of the Privacy Policy (EU-US Data Privacy Framework, standard contractual clauses, supplementary technical measures).
Article 7 - Audit
Once a year, and subject to reasonable prior notice, the User may request from Desirely any document or certificate proving compliance with the obligations under this DPA. On-site audits are not provided for given the SaaS nature of the service, except where a competent supervisory authority (CNIL) expressly requires them.
Article 8 - End of processing
At the end of the contract, Desirely will delete or return the personal data under the conditions set out in Article 9 of the Privacy Policy and Article 9.4 of the Terms and Conditions.
Article 9 - Liability
Each party is responsible for compliance with its own obligations under the GDPR and this DPA. The liability limitations set out in Articles 10 and 11 of the Terms and Conditions also apply to this DPA.