Wavize Terms of Use and Sale

These terms of use and sale are intended to define the conditions under which the company AMPLIFEO makes available the Wavize site, its software platform, its dashboards, configuration interfaces, widgets, integrations, APIs, webhooks, modules, options, any free trials, demo accounts, partner programs, support services, and more generally all associated features.

They apply to any access to the site, any browsing activity, any account creation, any free trial, any subscription, any option purchase, any use of a plugin, a widget or an integration, as well as any commercial relationship between Wavize and the customer.

Unless expressly stipulated otherwise, they prevail over any other document issued by the customer. In the event of a contradiction with a specific contract, a signed quotation, an accepted purchase order, a framework agreement, a data processing appendix, an SLA or special conditions, these special documents shall prevail, but only for the provisions concerned.

“Site” : the website published by Wavize and all of its public pages.

“Service” : all SaaS features offered by Wavize.

“Platform” : the administration area, the dashboard, the configuration interfaces and the management tools.

“Customer” : any natural or legal person subscribing to or using the Service for their own needs.

“Authorized User” : any person using the Service under the responsibility of the Customer.

“End Visitor” : any person interacting with the assistant deployed on the Customer’s site or interface.

“Sources” : web pages, FAQs, documents, knowledge bases, content, catalogs, files or data connected to the Service.

“Integrations” : any connector, plugin, widget, API, webhook or linking mechanism with a third-party service.

“Option” : any additional feature billed separately or attached to a higher plan.

Access to the site, the creation of an account, activation of a trial, use of the platform, installation of a widget or plugin, an API call, use of a webhook, or subscription to an offer imply full and complete acceptance of these terms and conditions.

The Customer declares that they have the necessary legal capacity and, when acting on behalf of a legal entity, sufficient authority to bind it.

If the Customer does not accept these terms, they must neither access the Service, nor use it, nor offer it to their own users.

Wavize is a SaaS conversational assistant and information-oriented automation service, support, qualification, conversion and guidance. The Service may in particular allow the Customer to connect content, display a conversational widget, customize the tone, rules and visual identity, guide visitors toward useful actions, set up forms, trigger appointment booking, provide for human handoff, track certain statistics and manage everything from a dashboard.

The Service may be used on different types of sites or journeys, including e-commerce, services, SaaS, healthcare, education, tourism, as well as showcase websites, CMS platforms, no-code tools, e-learning platforms and more specific environments. It also works with WordPress, WooCommerce, PrestaShop, Shopify, Calendly, as well as deployment via plugin, universal widget or API/webhooks.

This description is indicative. The features actually available depend on the subscribed plan, activated options, supported integrations, technical limitations, product developments and, where applicable, the special conditions agreed with the Customer.

Wavize reserves the right to develop, correct, enrich, restrict or remove certain features at any time, subject to the contractual commitments specifically subscribed to.

Use of all or part of the Service may require the creation of an account. The Customer undertakes to provide accurate, complete, up-to-date and fair information.

Credentials are strictly personal. The Customer is responsible for their confidentiality, the security of the devices used, the access granted to their teams and any action carried out from their account, except in the case of proof of fraudulent access exclusively attributable to Wavize.

The Customer undertakes to report without delay any loss, compromise, unauthorized use, suspected intrusion or security incident affecting their account or connected environments.

Wavize may offer subscription plans, free trials, demonstration accounts, partner environments, paid options, additional modules, advanced features, volume limits, specific flows or additional capabilities.

Any trial period, demonstration or promotional access is granted on a temporary, revocable and non-transferable basis. Wavize may limit its duration, volume, access to certain functions, the number of sources, users, messages, environments or calls to integrations.

Wavize may refuse, suspend or terminate a free trial or demo in the event of abuse, attempts to circumvent the rules, artificial multiplication of accounts, abnormal use, fraud, non-compliance with these terms, or technical, legal or reputational risk.

Options, add-ons, premium features, additional quotas, API modules, appointment booking flows, human handoff functions, e-commerce connectors, webhooks, multi-customer environments or partner uses may be billed separately according to the applicable pricing schedule.

The applicable prices are those displayed on the site, in the dashboard, on the quotation, the purchase order, the invoice or any commercial documentation in force on the subscription date, unless otherwise agreed.

Unless otherwise stated, prices are exclusive of tax. Any tax, duty, contribution, withholding tax or applicable regulatory charge shall be borne by the Customer.

Payment is due immediately upon order and on the renewal date. In the case of a subscription, the Customer authorizes renewal and the collection of the amounts corresponding to the following period, according to the chosen terms, until effective termination.

Any delay or failure in payment may result, without prejudice to any other right: immediate suspension of the Service, access limitation, deactivation of certain features, removal of options, blocking of API calls, interruption of the widget, immediate enforceability of the amounts due, late payment interest at the rate of the applicable legal rate increased by 10 points, the statutory fixed indemnity for collection costs and, where applicable, termination of the contract at the Customer’s expense.

Changes of plan, option, quota or environment may give rise to billing immediately, on a prorated basis, additionally or in the next cycle, depending on the commercial mechanism chosen by Wavize.

The contract takes effect from acceptance of the order, activation of the account or provision of the Service, depending on the most relevant event.

Unless otherwise stipulated, subscriptions are entered into for the duration chosen at the time of the order and are tacitly renewed for equivalent periods, unless terminated according to the provided terms.

The Customer may request termination of their subscription from their space, by email or by any other means made available, subject to compliance with the applicable notice period or expiry date. Any started period remains due, unless otherwise required by mandatory law.

Wavize may suspend or terminate, immediately and without compensation, any account or any access in the event of non-payment, unlawful use, security risk, violation of these terms, prohibited content, fraudulent use, attempted attack, technical circumvention, infringement of third-party rights or abnormal legal exposure.

In the event of termination, access to the Service may be interrupted immediately. The Customer must organize the export, recovery or deletion of their data within the time limits provided by the applicable policies or special conditions.

Wavize may be offered in different technical forms: universal widget, integration script, plugin, connector, API, webhook, embedded form, appointment booking module, CMS integration, e-commerce integration or integration with third-party services.

Publicly or commercially mentioned integrations may include in particular environments such as WordPress, WooCommerce, PrestaShop, Shopify, Calendly, as well as other CMS platforms, builders, no-code tools, e-learning or third-party services, depending on the state of the product and the available connectors.

The Customer acknowledges that any integration also depends on external factors: site compatibility, theme or template quality, CMS version, server security, browser restrictions, third-party policies, API evolution, quotas, access rights, domain configuration, firewall, competing third-party scripts, content blockers, network latency, or modifications decided unilaterally by the publisher of the third-party service.

Wavize does not guarantee the continuous availability, permanent stability, functional completeness, future compatibility or sustainability of a third-party integration. In particular, Wavize shall not be held liable in the event of failure, limitation, deprecation, suspension, API change, policy change, removal of an endpoint, third-party bug, compatibility break, loss of access authorization, application blocking, third-party pricing change, refusal of approval on a marketplace, or regression caused by an update of the CMS, theme, plugin or concerned third-party service.

The Customer remains responsible for obtaining and maintaining all third-party accounts, licenses, API keys, access tokens, subscriptions, authorizations, webhooks, technical permissions and settings necessary for the functioning of their integrations.

The Customer is solely responsible for the pages, content, documents, FAQs, catalogs, images, product data, order information, links, knowledge bases and other sources that they connect to the Service or make usable by it.

They warrant that they have all rights, titles, licenses, consents and authorizations necessary to import, analyze, index, process, transmit, display or use these sources within the framework of the Service.

The Customer also warrants that their sources do not infringe third-party rights, are not unlawful, misleading, defamatory, fraudulent, discriminatory, hateful, obscene, violent, invasive of privacy, contrary to public policy, or incompatible with any regulation applicable to them.

Wavize is not required to verify the accuracy, legality, quality, freshness, completeness, structure or consistency of these sources. Any error, omission, contradiction, inaccuracy, obsolescence, broken link, incomplete content or incorrect data provided by the Customer or by a connected third party remains the sole responsibility of the Customer.

The Customer acknowledges that the Service may include automated or AI-assisted mechanisms producing responses, suggestions, reformulations, summaries, rankings, guidance, action triggers, appointment proposals, product responses, FAQ responses, contact messages, support assistance or other generated outputs.

Despite quality and configuration efforts, these outputs may contain errors, approximations, omissions, ambiguities, imperfect interpretations, poor prioritizations, incomplete responses, outdated information, inadequate recommendations or non-optimal wording.

Wavize does not guarantee that generated outputs will always be accurate, complete, adapted to the context, compliant with the regulations specific to the Customer’s sector, or that they will produce a specific commercial, operational or legal result.

The Customer remains responsible for how they configure the assistant, the sources they connect, the rules they authorize, the actions they activate, the messages they expose to their visitors and the supervision they put in place.

In particular, Wavize provides neither medical diagnosis, legal advice, tax advice, financial advice, a promise of conversion, nor a promise of sector-specific compliance, unless expressly, specifically and in writing agreed.

The Customer undertakes in particular to:

• use the Service in accordance with these terms and applicable laws;
• provide accurate information and keep their account up to date;
• secure their access and connected environments;
• verify the relevance of their configurations, template responses, flows and triggers;
• inform their visitors of the possible existence of an automated assistant when required by regulation;
• properly manage their legal bases, information notices, consents and GDPR compliance;
• not use the Service to distribute prohibited content or infringe the rights of third parties;
• comply with the terms of use of integrated third-party services;
• not attempt to obtain a level of service, quota, volume or feature higher than the one subscribed to;
• cooperate reasonably in the event of an incident, audit, support request or suspicion of abuse.

It is in particular prohibited to use Wavize to:

• violate a law, regulation, administrative or judicial decision;
• collect or process data without a valid legal basis;
• mislead users, falsely simulate a human, or conceal information obligations;
• impersonate an identity or pretend to be a third party;
• distribute unlawful, misleading, hateful, racist, defamatory, infringing or malicious content;
• use the Service for spam, phishing, scams, disinformation or unlawful automated actions;
• attempt to circumvent technical limitations, quotas, security barriers or usage rules;
• copy, reverse engineer, decompile, probe, massively scrape or disrupt the Service;
• inject malicious code, upload dangerous files, launch aggressive tests or compromise environments;
• provide data or content whose processing by the Service would be prohibited, excessive or manifestly non-compliant.

Within the framework of the site and the Service, personal data may be processed. The details of certain processing activities are set out in the privacy policy.

When deploying Wavize on their own site, the Customer remains responsible for the processing they implement with regard to their end visitors, particularly with respect to information, consent, legal bases, retention periods, data subject rights, lawfulness of sources, cookies, forms, transfers and the integrations they activate.

Depending on the case, Wavize may act as data controller for its own needs or as processor / service provider acting on the Customer’s instructions for certain operations related to the provision of the Service. The exact roles, purposes, measures and additional commitments may be specified in a separate data processing appendix.

The Customer remains solely responsible for the sector-specific compliance applicable to their activity, including in healthcare, education, recruitment, regulated services, consumer law, commercial law, protection of minors or any special rule.

All intellectual property rights relating to the site, the Service, the code, the interfaces, the dashboard, the design, the visual elements, the trademarks, the know-how, the methods, the models, the software components, the documentation and the developments made by Wavize remain the exclusive property of Wavize or its licensors.

The contract does not operate any transfer of ownership. It only grants the Customer a right of access and limited, personal, non-exclusive, non-assignable and non-transferable use, for the duration of their subscription and within the limits of the subscribed plan.

The Customer retains their rights over their content, trademarks, logos, documents and data, subject to the rights strictly necessary for Wavize to provide the Service, ensure hosting, indexing, processing, security, support and performance of the contract.

Wavize uses reasonable efforts to ensure the availability of the Service, without guaranteeing continuous availability, absence of errors, latency-free operation, or uninterrupted service.

The Service may be interrupted, slowed down, suspended or altered, in particular for maintenance, update, development, security patch, technical incident, overload, network failure, supplier failure, integration incident, or the need to protect the system.

Unless there is a separate and express contractual commitment, no SLA, guaranteed response time, guaranteed recovery time, guaranteed availability level, nor service penalty is granted by default.

Support provided by Wavize may be limited depending on the subscribed plan, the hours, the language, the nature of the request, the chosen channel and the available capacity. Wavize is not required to carry out specific development, unlimited configuration, data migration, debugging of third-party themes, nor unlimited investigations on environments external to the Service.

Wavize may use service providers, subprocessors, cloud providers, third-party publishers, emailing services, observability tools, AI services, authentication services, payment services, hosting providers, infrastructure providers, analytics tools or other partners necessary for the functioning of the Service.

The Customer acknowledges that certain features of the Service depend on these third parties and that Wavize cannot be held responsible for faults, unavailability, decisions, restrictions, price increases, limitations or interruptions attributable to them.

The use of third-party services connected by the Customer may be subject to separate contractual conditions which the Customer undertakes to fully comply with.

Wavize may offer two separate arrangements: an affiliate program and a partner program. These programs are intended to allow eligible third parties to recommend, promote, deploy or support the use of the Service to new customers, according to the terms defined by Wavize.

Unless expressly and separately agreed in writing, participation in one of these programs grants no exclusive right, no reserved territory, no representation mandate, no status as a commercial agent in the legal sense, no franchise, no joint company, no authority to bind Wavize in its name or on its behalf, nor any vested right to the continuation of the program, its conditions, rates or terms.

Wavize reserves the right to accept, refuse, suspend or close any affiliate or partner account, in particular in the event of non-compliance with these terms, fraud, commercial risk, abusive behavior, harm to the image of Wavize, misleading use of the brand or breach of compliance, confidentiality or loyalty obligations.

Wavize is bound by a general obligation of means and not of result. Wavize does not guarantee in particular any minimum volume of leads, any number of sales, any conversion rate, any reduction in churn, any increase in revenue, any SEO positioning, any continuous availability, any total absence of error, any acceptance of an integration by a third party, or the suitability of the Service for a specific need of the Customer outside any particular written commitment.

Wavize may under no circumstances be held liable for:

• errors, omissions or obsolescence of content provided by the Customer or by a third party;
• inappropriate responses resulting from inaccurate, incomplete or poorly configured sources;
• the use made by the Customer or end visitors of the generated responses;
• loss of revenue, margin, image, data, customers, chance or opportunity;
• indirect, intangible, consequential or unforeseeable damage;
• interruptions or malfunctions caused by a CMS, a third-party plugin, a theme, a browser, a hosting provider, a cloud provider or a third-party API;
• errors in attribution of orders, stock, price, availability, order status or synchronization originating from a third-party system;
• decisions made by the Customer on the basis of the displayed data, dashboards, estimates or suggestions;
• regulatory obligations specific to the Customer’s sector;
• medical, legal, financial, insurance, HR or regulated use not expressly covered by a special commitment.

In any event, except in cases of gross negligence, fraud or mandatory law to the contrary, the total cumulative liability of Wavize, all triggering events combined, shall be strictly limited to the amount excl. VAT effectively paid by the Customer during the last twelve months preceding the damaging event, or, failing payment, to the amount paid for the last contractual period.

No party may be held liable for a failure resulting from an event reasonably beyond its control, in particular a generalized outage, major cloud incident, power outage, massive cyberattack, unavailability of an essential supplier, labor dispute, natural disaster, fire, flood, pandemic, administrative measure, war, embargo, interruption of electronic communications or any other case of force majeure.

Each party undertakes to keep confidential the non-public information of the other party obtained within the framework of the contractual relationship, whether commercial, technical, financial, organizational, documentary or strategic.

This obligation does not apply to information that has fallen into the public domain, was already legitimately known, was lawfully obtained from a third party not bound by secrecy, or must be disclosed pursuant to a legal obligation or a decision of a competent authority.

Wavize may modify at any time the site, plans, quotas, interfaces, integrations, technical conditions, flows, usage limitations, features and these terms and conditions.

Any new version of the terms and conditions shall apply from the time it is posted online or notified, as provided, subject to applicable mandatory provisions and commitments already entered into for the current period if necessary.

Continuing to use the Service after a modification constitutes acceptance of the new terms.

These terms and conditions are governed by French law.

In the event of a dispute relating to their validity, interpretation, performance, termination or consequences, the parties shall first seek an amicable solution.

Failing an amicable agreement, express jurisdiction is granted to the competent courts of Strasbourg, unless otherwise required by mandatory law.