Terms and Conditions of Sale and Use

• Client: any legal entity or professional that orders a service or subscribes to the Personæ App.
• User: any natural person who accesses the Personæ App, on their own behalf or on behalf of a Client.
• The Personæ Method™: the method created by Hugo Cusanno to deploy Customer Intelligence in an organization, that is, to ensure that all teams understand the target customer in the same way, so as to decide on evidence rather than opinions.
• Services: the services of The Personæ Method™ sold by quote: pre-diagnostic, Full Audit, Workshop and Deployment (article 8).
• Personæ App: the online platform (SaaS) used to create personas, interview them and measure the Customer IQ.
• Customer IQ: the Customer Intelligence index, measured by questionnaire among a Client's teams, reported during the Services and displayed in the Personæ App.
• Deliverables: reports, summaries, materials and analyses provided to the Client as part of the Services.
• Client Content: all data, documents, recordings, transcripts, questionnaire answers and other content that the Client or its Users provide to Personæ.
• Quote: the written commercial offer issued by Personæ for a Service, signed or accepted by the Client.

2.1. The Terms apply to any visit to the website, any Service and any use of the Personæ App. Articles 1 to 7 and 14 to 16 are common provisions. Articles 8 and 9 concern the Services, articles 11 to 13 the Personæ App, and article 10 both.

2.2. The sale of Services and subscription to the Personæ App are intended exclusively for professionals (B2B). Consumer protection provisions do not apply, unless required by law.

2.3. The contract consists of the following documents, in decreasing order of priority: (i) the Quote or any specific written agreement signed by both parties, (ii) these Terms, (iii) the privacy policy available at personae.life/privacy. The Client's general terms of purchase are excluded.

2.4. The website and the Personæ App are evolving services. The features, plans and prices displayed online may change, without effect on orders in progress (articles 4.5 and 15).

3.1. Personæ is operated by the publisher above. This business may be taken over by a company incorporated for that purpose.

3.2. The Client agrees that the contract, its rights and its obligations will then be transferred to that company, with no change to the terms. The Client is informed in writing at least 15 days before the transfer date. If the Client objects on legitimate grounds, it may terminate the unperformed part of the contract without penalty.

4.1. Services. The prices of the Services are those stated in the Quote, in euros and excluding taxes. Prices take into account the number of days actually worked, both on site and remote. A Quote is valid for 30 days, unless stated otherwise.

4.2. Personæ App. The prices and credits of the plans in force are those displayed at personae.life/pricing at the time of subscription, in euros and excluding taxes. The “Custom” offer is established on the basis of the online simulator, whose result is a non-binding estimate, followed by a written agreement.

4.3. Invoicing and payment of Services. Services are invoiced according to the schedule in the Quote. Unless stated otherwise, invoices are payable 30 days from the invoice date, by bank transfer or by payment card.

4.4. Expenses. Any travel and accommodation expenses are specified in the Quote.

4.5. Price revision. Personæ may revise its rates once a year in line with the SYNTEC index, with 30 days' notice. Any other increase in the price of the Personæ App is notified 30 days in advance. The Client may terminate before the new price takes effect. An accepted Quote is not revised.

4.6. Packs and preferential rates. Where the Quote provides for a pack or a preferential rate, its conditions (including whether the pre-diagnostic is free of charge and any validity period) are those of the Quote.

4.7. Late payment. Any delay automatically gives rise to penalties equal to three times the French legal interest rate, together with a fixed recovery fee of 40 euros (articles L.441-10 and D.441-5 of the French Commercial Code), without prejudice to additional compensation on presentation of supporting documents. Personæ may suspend performance of the Services and access to the Personæ App until payment in full.

4.8. Sums paid are non-refundable, except in the event of an established breach by Personæ, or where the Quote or the law provides otherwise.

5.1. Personæ retains all its rights in The Personæ Method™, its templates, grids, questionnaires, Customer IQ index, training materials, the Personæ App, code, interfaces, databases, connectors, integrations and trademarks (including “Personæ” and “The Personæ Method™”). Nothing in the contract transfers these rights to the Client.

5.2. Deliverables. Upon payment in full, Personæ grants the Client a non-exclusive, non-transferable, worldwide right of use, for the duration of the intellectual property rights, to use the Deliverables within its organization, for its own internal purposes. The Client may not resell the Deliverables, distribute them to third parties, or use the Deliverables or The Personæ Method™ to train or advise other organizations.

5.3. Client Content. The Client remains the owner of its Content. It grants Personæ a non-exclusive right, limited to the duration of the contract, to process it in order to provide the Services and the Personæ App.

5.4. Connectors and integrations. Connectors and integrations developed by Personæ remain its property and contain no Client data. The Client may use them for the duration of its subscription. Those the Client develops itself belong to the Client.

5.5. Statistics. Personæ may use anonymized and aggregated usage and measurement data, from which no Client or person can be identified, to improve its services, build benchmarks and publish statistics.

6.1. Each party keeps confidential the other party's non-public information that it receives in connection with the contract (documents, data, recordings, results, strategies, methods), and uses it only to perform the contract.

6.2. This obligation lasts for the duration of the contract and for 5 years after its end. It does not apply to information that is public, already lawfully known, independently developed, or whose disclosure is required by law or by an authority.

6.3. Recordings, transcripts and individual questionnaire answers are handled with enhanced confidentiality, in accordance with article 8.5.

7.1. The processing of personal data is described in the privacy policy (personae.life/privacy), which sets out the roles of each party.

7.2. When Personæ acts as the Client's processor. For Client Content that contains personal data (data uploaded to the Personæ App, answers to the Customer IQ questionnaire, data processed during a Deployment), the Client is the data controller and Personæ acts as a processor within the meaning of Article 28 of the GDPR. In that case:

• Personæ processes this data only on the Client's documented instructions, in order to provide the Services and the Personæ App. The contract and the use of the Personæ App constitute these instructions.
• Personæ ensures that the persons authorized to process the data are bound by confidentiality and implements appropriate security measures (section 12 of the privacy policy).
• The Client authorizes Personæ to use the sub-processors listed in the privacy policy. Personæ informs the Client of any addition or replacement with 15 days' notice; the Client may object on legitimate grounds. Personæ imposes equivalent obligations on its sub-processors.
• Personæ assists the Client in responding to data subjects' requests to exercise their rights and in meeting its security, impact assessment and notification obligations, to the extent of its means and upon reasonable request.
• Personæ notifies the Client without undue delay, and no later than 48 hours after becoming aware of it, of any personal data breach concerning the Client.
• At the end of the contract, Personæ returns the data (article 14.3) and then deletes it within the stated time limits, unless retention is required by law.
• Personæ makes available to the Client the information necessary to demonstrate compliance with these obligations and allows reasonable audits, announced 30 days in advance, at the Client's expense and subject to confidentiality.
• The data is hosted in the European Union. Any transfer outside the European Economic Area is governed in accordance with Chapter V of the GDPR.

7.3. Client's obligations. The Client warrants that it is entitled to transmit to Personæ the data it provides, that it has informed the data subjects (in particular its employees answering the Customer IQ questionnaire, and participants in recorded interviews) and, where required by law, obtained their consent and consulted its employee representative bodies.

7.4. When Personæ acts as data controller (business relationship, invoicing, user accounts, website security), the privacy policy applies.

8.1. Description

The Services are as follows. Their content, duration, location, price and schedule are specified in the Quote.

• Pre-diagnostic: a video call with the Client's senior executive, followed by a written report and a question-and-answer session.
• Full Audit: an in-depth, on-site analysis of how the Client's teams understand the target customer, delivered as a written report.
• Workshop: a training and hands-on session on The Personæ Method™ for the Client's executives and managers, including presentation of the Customer IQ and a summary provided afterwards.
• Deployment: a technical engagement to deploy the Personæ App at the Client (data preparation, connectors, integrations).

8.2. Nature of the obligations

Personæ is bound by a best-efforts obligation (obligation de moyens). The Services consist of advice and analyses based on The Personæ Method™ and on the information provided by the Client. Personæ does not guarantee a commercial result, a given level of Customer IQ, or the accuracy of information it did not produce. The Client remains solely responsible for its decisions.

8.3. Client's obligations

The Client undertakes to: (i) provide the necessary information, access and people in good time, (ii) appoint a point of contact, (iii) give Personæ access to the premises and tools provided for in the Quote, (iv) inform its staff of the nature and purpose of the interviews, recordings and questionnaires. Any delay attributable to the Client may shift the schedule and, if additional days are required, be invoiced at the rate in the Quote.

8.4. Customer IQ

8.4.1. The Customer IQ is an indicator built from the teams' answers to a questionnaire. It is provided as a measurement and a benchmark, not as an individual assessment or as legal, medical or psychological advice.

8.4.2. The Customer IQ questionnaire is sent to the Client's teams before the Workshop.

8.4.3. Results are reported to the Client in aggregated form. Personæ does not communicate identifiable individual answers, or the results of a group too small to preserve anonymity.

8.4.4. The Client shall not use the Customer IQ to evaluate, sanction or individually identify an employee.

8.5. Recordings

8.5.1. Pre-diagnostic video calls and Full Audit interviews are recorded and transcribed with the prior consent of the participants, in order to automatically extract the items useful for the report. The Workshop is not recorded.

8.5.2. A participant may refuse the recording or withdraw their consent at any time, with no consequence for the Service. In that case Personæ remains free to take notes manually.

8.5.3. Recordings and transcripts are accessible only to Personæ and to its processors listed in the privacy policy, and are kept for the periods stated there.

8.6. Postponement and cancellation

Any request to postpone or cancel a Service must be made in writing. It is free of charge if made more than 5 business days before the scheduled date. Between 5 business days and 48 hours, 50% of the price of the Service is due. Less than 48 hours before, or in the event of a no-show, 100% is due. Personæ may postpone a Service due to illness or unavailability and will then propose new dates at no charge.

8.7. Delivery and acceptance

Deliverables are provided electronically. Unless the Client raises a reasoned written reservation within 10 business days of their delivery, they are deemed compliant and accepted.

8.8. Next steps after the Workshop

The Client is not required to subscribe to the Personæ App after a Service, and may also subscribe to the Personæ App without ordering a Service. After a Workshop, access to the Personæ App follows the standard 7-day trial (article 11.3).

8.9. Subcontracting and third-party contributors

Personæ may involve subcontractors or partners (in particular for the Deployment) and remains responsible for the performance of the Service. They are bound by the same confidentiality and data protection obligations.

8.10. Security of engagements

During a Deployment, the Client provides Personæ with access that is limited to what is strictly necessary, named and revocable. Personæ uses this access only for the Service, does not copy data beyond what is necessary, and reports on it to the Client on request. The Client remains responsible for managing permissions on its own systems.

9.1. Personæ is liable only for direct, foreseeable and proven damage caused by a breach of its obligations.

9.2. Personæ is not liable for indirect damage (loss of revenue, customers, opportunity or reputation, loss of data not caused by a breach by Personæ, replacement costs), nor for decisions made by the Client on the basis of the Deliverables, the Customer IQ or content generated by the Personæ App.

9.3. Except in the event of gross negligence or wilful misconduct, Personæ's total liability under a contract is limited to the amount excluding taxes actually paid by the Client for the Service concerned or, for the Personæ App, for the 12 months preceding the event giving rise to liability, with a minimum of 100 euros.

9.4. Nothing in this contract excludes or limits any liability that cannot be excluded or limited by law.

9.5. Personæ does not guarantee that the Personæ App will operate without interruption or error. It endeavours to keep it available and to fix defects within a reasonable time.

10.1. The Personæ App and certain Services use generative artificial intelligence models to create personas, simulate interviews, and produce summaries and analyses. Personas are AI-generated representations based on data provided by the Client. They are not real people. Interactions with a persona are flagged as AI-generated, in accordance with Article 50 of the EU AI Act.

10.2. Generated content is probabilistic: it may be inaccurate, incomplete, biased or inconsistent. It does not constitute professional advice (legal, financial, medical, etc.). The Client must validate it against real data before any important decision, and must not present it as statements made by real people.

10.3. Client Content is not used to train the AI models of Personæ or those of its model providers, under those providers' API terms. The model providers used are listed in the privacy policy.

10.4. The Client is responsible for the use it makes of generated content, for the compliance of its own uses of AI (in particular if its employees use the Personæ App) and for the instructions it enters.

11.1. Account. To use the Personæ App, the User must be of legal age, act for professional purposes, provide accurate information and protect their credentials. A Client's Users act under its responsibility. Personæ may refuse or suspend an account where there is reasonable doubt as to compliance with the contract.

11.2. Plans. The Personæ App is offered in several plans: “Starter” and “Business” on a self-serve basis, and a bespoke “Custom” plan, established through the simulator and then a written agreement. The content of each plan (seats, AI credits, storage, features) and its price are those displayed at personae.life/pricing on the subscription date. Additional AI credits may be purchased; purchased credits do not expire.

11.3. Free trial. New accounts benefit from a 7-day free trial. A payment card is required at sign-up. At the end of the trial, the paid subscription for the chosen plan starts automatically, unless cancelled before the end of the trial, at no charge, from the Personæ App or by email to contact@personae.life.

11.4. Term and renewal. The subscription is monthly or annual depending on the option chosen, invoiced in advance, and renews automatically for identical periods. It may be cancelled at any time with effect from the end of the current period. No pro rata refund is due for a period that has started.

11.5. Acceptable use. The User shall not: (i) provide or generate content that is unlawful or infringes third-party rights, (ii) attempt to gain unauthorized access to the system or to other people's data, (iii) reverse engineer the service or circumvent its technical limits, (iv) extract data or content by automated means (scraping) without written agreement, (v) use the Personæ App or its outputs to train a competing AI model, (vi) disrupt the service, (vii) upload sensitive data within the meaning of Article 9 of the GDPR, unless agreed in writing beforehand, (viii) resell access or share it beyond the seats subscribed.

11.6. Client content and responsibility. The Client warrants that it holds the rights to the data it uploads to the Personæ App, in particular verbatims, interviews and CRM exports, and that it has complied with the regulations applicable to their collection (information, consent, retention).

11.7. Connectors. The connectors and integrations available depend on the plan and on the catalogue in force. Others may be provided through a paid Deployment.

11.8. Third-party services. The Personæ App uses third-party services (hosting, AI model providers, payment). Their availability may affect the service.

11.9. Suspension. Personæ may suspend access in the event of non-payment, a serious breach of article 11.5, a security risk or an order from an authority, informing the Client as soon as possible.

12.1. Client Content is hosted in the European Union, with Scaleway (France), encrypted in transit and at rest.

12.2. Each workspace is isolated. The Client controls its Users' access.

12.3. Requests to delete an account or data are made by email to contact@personae.life.

Support is provided by email, at the level included in the plan subscribed (“Standard” or higher depending on the offer). Personæ endeavours to respond within a reasonable time. Maintenance may cause temporary interruptions, announced where possible.

14.1. Term. The Services last until they have been fully performed. The subscription to the Personæ App lasts as set out in article 11.4.

14.2. Termination for breach. Either party may terminate the contract in the event of a serious breach by the other that is not remedied within 15 days of formal notice sent by email or registered letter. Sums due for Services performed remain payable and outstanding sums become immediately payable.

14.3. Return of data. At the end of the contract, the Client may export its Content (CSV or JSON) for 30 days. After that period, Personæ deletes or anonymizes the Client Content, unless retention is required by law, and keeps the Deliverables necessary to evidence each party's rights, within the limits of the privacy policy.

14.4. Survival. Articles 4 (sums due), 5, 6, 7, 9, 14.3, 15 and 16 survive the end of the contract.

Personæ may amend the Terms. Amendments apply to current contracts and Quotes only upon their renewal, unless the amendment is required by law or is favourable to the Client. For the Personæ App, any significant amendment is notified at least 15 days before it takes effect; continued use constitutes acceptance and the Client may terminate before that date.

16.1. Client references. Unless the Client objects in writing within 30 days of signature, Personæ may cite its name and logo as a reference. Personæ does not publish any figures or testimonial without the Client's written consent.

16.2. Assignment. Personæ may assign the contract to a company in its group or to a successor (including the entity referred to in article 3), by informing the Client. The Client may not assign the contract without Personæ's written consent.

16.3. Force majeure. Neither party is liable for a failure caused by a force majeure event within the meaning of article 1218 of the French Civil Code.

16.4. Entire agreement. These Terms and the documents referred to in article 2.3 form the entire agreement between the parties. If a clause is held to be invalid, the others remain applicable.

16.5. Governing law and disputes. The contract is governed by French law. The parties first seek an amicable solution. Failing that, the Commercial Court of Paris (tribunal de commerce de Paris) has exclusive jurisdiction, including in the event of multiple defendants or third-party claims.

Hugo Cusanno, PCE, 6 rue d'Amboise, 75002 Paris, France. contact@personae.life