General Terms and Conditions of Sale and Use (GTC/GU) – ContentCrea SaaS

 

Last updated: 5 September 2025

Disclaimer – Authentic Version
The English version of the General Terms and Conditions of Sale and Use provided on our website is for convenience and informational purposes only. In case of any discrepancy, inconsistency, or conflict between this translation and the original French version, the French version shall prevail and constitute the only legally binding text.

 

The company ContentCrea SAS, a simplified joint stock company (société par actions simplifiée), registered with the Lyon Trade and Companies Register under number 932 770 464, whose registered office is located at 23 Avenue de Poumeyrol, 69300 Caluire-et-Cuire (France), provides its clients with a Software as a Service (SaaS) solution, accessible online at https://app.contentcrea.com.

These general terms and conditions (hereinafter the “GTC/GU”) constitute, in accordance with Article L.441-1 of the French Commercial Code, the sole basis of the commercial relationship between the parties. They govern all services performed by ContentCrea for the professional Client in connection with the use of the Service.

The ContentCrea Service is strictly reserved for professionals, defined as any natural or legal person acting within the scope of their commercial, industrial, craft, liberal, or agricultural activity.

Article 1 – Definitions

For the purposes of these GTC/GU, the following terms shall have the meanings set out below:

• “Client”: any natural person of legal age (≥ 18 years old, or ≥ 20 years old for Clients based in Japan) or any legal entity subscribing to the subscription.
• “User”: any natural person authorized by the Client to access the Service.
• “Service”: the SaaS platform operated by ContentCrea.
• “Client Data”: all content, information, and data processed by the Client and its Users within the Service.
• “Order Form”: the contractual document materializing the subscription and specifying plan, duration, and price.
• “Subsidiary”: as defined in Article L.233-3 of the French Commercial Code.

Article 2 – Purpose

These GTC/GU set out the rights and obligations of the parties in connection with the provision and use of the Service.

ContentCrea grants the Client a non-exclusive, non-transferable license, limited to the subscription term, pursuant to Article L.122-6-1 of the French Intellectual Property Code.

Article 3 – Term and Renewal

The contract is concluded for the term specified in the Purchase Order.
At the end of this initial period, it is automatically renewed for successive periods of the same duration, unless terminated by either party before the contractual expiry date, under the conditions provided for in the Purchase Order.

Article 4 – Prices and Billing

Prices are expressed in euros, excluding taxes.

Payment is due in advance, according to the chosen frequency (monthly or annual).
In the event of non-payment, ContentCrea may suspend the Service after formal notice has remained unsuccessful (Articles 1217 and 1226 of the French Civil Code).
Prices may be changed with two (2) months’ prior notice. In case of refusal, the Client may terminate the contract without charge before the new prices take effect.

Subscription payments are made exclusively by credit card through the secure online payment platform Stripe, an authorized payment service provider.
The Client acknowledges that the use of Stripe is governed by the contractual terms of that provider, available on its website, and that it is the Client’s responsibility to review them.

ContentCrea does not store any banking or card data. All payment data are processed directly by Stripe in compliance with applicable regulations, including Regulation (EU) 2015/751 on interchange fees and Directive (EU) 2015/2366 (PSD2) on payment services.

Article 5 – Use of the Service

The Client undertakes to:

• use the Service in compliance with the law and these GTC/GU;
• refrain from any prohibited use, including reverse engineering or unauthorized access (Article L.335-3 of the French Intellectual Property Code);
• not upload or share unlawful content as defined in Article 6-I-7 of Law n°2004-575 of June 21, 2004 on Confidence in the Digital Economy (LCEN);
• not process through the Service any sensitive data within the meaning of Article 9 of Regulation (EU) 2016/679 (GDPR): health data, biometric data, data relating to minors, etc.

The Client is solely responsible for the content created or processed through the Service (Article 1240 of the French Civil Code).

ContentCrea reserves the right to immediately suspend access to the Service in the event of a breach of this prohibition.

Article 6 – Support and Maintenance

ContentCrea provides technical support via email and ticketing system, with an average response time of 48 business hours.
Support does not cover incidents resulting from misuse or non-compliant environment.

Article 7 – Data and Reversibility

In accordance with Article 28 of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and French Data Protection Act n°78-17 of 6 January 1978 as amended, ContentCrea acts as a processor of Client Data.

The Client shall at all times remain the sole owner of its Data. ContentCrea implements appropriate technical and organizational measures, as required under Article 32 GDPR, to ensure the security, integrity, and confidentiality of Data.
Upon termination of the contract, the Client may export its Data free of charge in an open and structured format, in accordance with Article 20 GDPR (right to portability). Data will be permanently deleted within thirty (30) days, unless legal obligations require retention.

As part of the operation of the Service, ContentCrea may use application programming interfaces (APIs) provided by third-party providers, including in the field of artificial intelligence, to enable the generation and optimization of editorial content. The Client is informed that certain Data, strictly necessary for the functioning of the Service, may be transmitted to such third-party services. ContentCrea shall ensure that these processors provide sufficient guarantees regarding the implementation of appropriate technical and organizational measures, in accordance with Article 28 GDPR.

Since the Service partly relies on such third-party providers, ContentCrea shall not be held liable for interruptions, malfunctions, or limitations resulting directly from failures of these providers, over whom it has no control. However, ContentCrea undertakes to use all commercially reasonable efforts to mitigate the impact of such failures and to restore the continuity of the Service.
This limitation of liability shall not apply in cases of fraud, gross negligence, or breach of an essential obligation by ContentCrea.

Article 8 – Intellectual Property

ContentCrea retains full intellectual property rights to the Service, pursuant to Articles L.111-1 et seq. of the French Intellectual Property Code.

Any reproduction, distribution, or modification without written authorization is prohibited (Article L.122-4 IPC).

Suggestions or feedback provided by the Client may be freely used by ContentCrea without compensation, unless otherwise agreed.

Article 9 – Liability

The Service is provided “as is”.

ContentCrea’s liability shall not exceed the total fees paid by the Client during the last twelve (12) months, except in cases of fraud, gross negligence, or breach of an essential obligation (Articles 1231-3 and 1170 of the French Civil Code).

Indirect damages, such as loss of profits, loss of data, or reputational damage, are excluded.

Article 10 – Termination

In case of material breach by the Client, ContentCrea may terminate the contract by operation of law after notice remains unanswered (Article 1224 of the French Civil Code).

Early termination by the Client does not entitle it to any refund, except in case of breach attributable to ContentCrea, in which case a prorated refund shall apply.

Article 11 – Amendment of the GTC/GU

ContentCrea may amend these GTC/GU with 30 days’ prior notice, notified by email.In case of refusal, the Client may terminate the contract without charge before the new provisions take effect.

Article 12 – Force Majeure

Neither party shall be held liable for any failure resulting from an event of force majeure as defined in Article 1218 of the French Civil Code.

Article 13 – Assignment

The Client may not assign the contract without prior written consent of ContentCrea, except in cases of universal transfer of assets (merger, contribution, transfer of business).

ContentCrea may freely assign the contract to any subsidiary as defined in Article L.233-3 of the French Commercial Code.

Article 14 – Governing Law and Jurisdiction

These GTC/GU shall be governed by and construed in accordance with French law.

Any dispute shall be submitted to the exclusive jurisdiction of the Commercial Court of Lyon, except where mandatory provisions of the French Consumer Code (Article R.631-3) apply, granting jurisdiction to the consumer’s local court.

Article 15 – Electronic Acceptance

Pursuant to Article 1366 of the French Civil Code, electronic acceptance has the same evidential value as a handwritten signature.

In case of discrepancy, the French version shall prevail.