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

 

Last updated: 22 July 2026

Notice – Governing Version
The English version of these General Terms and Conditions of Sale and Use is provided on our website solely for convenience and information purposes. In the event of any discrepancy, inconsistency or conflict between this translation and the original French-language version, the French version shall prevail and shall constitute the only legally binding version.

 

ContentCrea SAS, a French simplified joint-stock company 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 solution accessible online at https://app.contentcrea.com.

These general terms and conditions, hereinafter referred to as 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 provided by ContentCrea to professional Clients in connection with the use of the Service.

The ContentCrea Service is exclusively intended for professionals, meaning any natural or legal person acting in the course of their commercial, industrial, craft, liberal or agricultural activities.

Article 1 – Definitions

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

  • “Client”: any adult natural person acting in the course of their professional activities or any legal entity subscribing to the Service.
  • “User”: any natural person authorised 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 through the Service.
  • “Order Form”: the contractual document recording the subscription and specifying the selected plan, term and price.
  • “Affiliate”: as defined in Article L.233-3 of the French Commercial Code.
  • “Generated Content”: any text, proposal, plan, recommendation, summary, structured data or other output produced through the automated or artificial intelligence features of the Service based on the Client’s instructions and Client Data.
  • “Third-Party Provider”: any technical service provider used by ContentCrea to provide all or part of the Service, including hosting, payment, infrastructure, application programming interface or artificial intelligence model providers.
  • “Experimental Feature”: any feature identified as a beta, preview, test, early-access or similarly designated feature.

Article 2 – Purpose

These GTC/GU define the respective rights and obligations of the parties in relation to the provision and use of the Service.

ContentCrea grants the Client a non-exclusive, non-transferable licence to use the Service, limited to the term of the subscription, in accordance with Article L.122-6-1 of the French Intellectual Property Code.

Article 3 – Term and Renewal

The agreement is entered into for the term specified in the Order Form.

At the end of the initial term, it shall automatically renew for successive periods of the same duration unless either party terminates it before the contractual expiry date, under the conditions specified in the Order Form.

Article 4 – Pricing and Invoicing

Prices are stated in euros excluding taxes.

Payment is due in advance according to the selected billing frequency, whether monthly or annually.

In the event of non-payment, ContentCrea may suspend the Service after formal notice has remained without effect, in accordance with Articles 1217 and 1226 of the French Civil Code.

Prices may be changed subject to two (2) months’ prior notice. If the Client does not accept the new prices, it may terminate the agreement without charge before the new prices take effect.

Subscription payments are made exclusively by bank card through Stripe’s secure online payment platform, which is an authorised payment service provider.

The Client acknowledges that the use of Stripe is governed by Stripe’s own contractual terms, available on its website, and that the Client is responsible for reviewing them.

ContentCrea does not retain any bank card details. All payment data is processed directly by Stripe in accordance with applicable law.

Any late payment shall automatically, and without any reminder being required, give rise to late-payment penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by ten (10) percentage points, without such rate being lower than three times the French statutory interest rate.

Any professional Client in a late-payment situation shall also automatically be liable for a fixed recovery-cost indemnity of forty (40) euros. Where the recovery costs actually incurred exceed this fixed indemnity, ContentCrea may claim additional compensation upon production of supporting evidence.

The penalties and indemnities shall become payable on the day following the payment due date stated on the invoice.

Article 5 – Use of the Service

The Client undertakes to:

  • use the Service in accordance with applicable law and these GTC/GU;
  • refrain from any prohibited use, including reverse engineering or unauthorised access, in accordance with Article L.335-3 of the French Intellectual Property Code;
  • refrain from introducing unlawful content within the meaning of Article 6-I-7 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy;
  • refrain from processing through the Service any special categories of data referred to in Article 9 of Regulation (EU) 2016/679, including data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, as well as genetic, biometric or health data or data concerning a person’s sex life or sexual orientation;
  • refrain from processing through the Service any personal data relating to minors.

The Client is responsible for creating, assigning and using its Users’ accounts. It shall ensure that each account is individual and is used only by the person to whom it has been assigned.

The Client and its Users shall preserve the confidentiality of their credentials, use sufficiently robust authentication methods and refrain from disclosing their access credentials to unauthorised third parties.

The Client shall notify ContentCrea without delay of any loss of credentials, compromise, fraudulent use or suspected unauthorised access to an account.

Any action performed through an account shall be deemed to have been carried out by the Client unless the Client proves that the account was compromised for reasons not attributable to it.

Unless expressly authorised or provided as a feature by ContentCrea, the Client shall not:

  • access or use the Service by means of robots, scripts, automated software or similar mechanisms;
  • circumvent any technical, functional, contractual or quantitative limits associated with its subscription;
  • artificially multiply accounts, requests or operations to avoid applicable restrictions;
  • use the Service in a manner likely to compromise its security, integrity, performance or availability;
  • conduct penetration tests, vulnerability scans or unauthorised access attempts without ContentCrea’s prior written consent;
  • make the Service or the related access credentials available to third parties other than under the conditions of the subscription.

ContentCrea may implement reasonable technical limitations intended to prevent abuse, protect the security of the Service and ensure fair use among Clients.

The Client represents that it shall not use the Service in breach of any economic sanctions, trade restrictions, embargoes or export-control rules applicable to ContentCrea or its Third-Party Providers.

In particular, the Client shall not use the Service on behalf of any person or entity subject to an applicable prohibition, or from any territory in which the provision of the Service would be prohibited.

This provision shall apply only to the extent that the relevant regulations are legally applicable to the contractual relationship or to the provision of the Service.

The Client is solely responsible for the content it creates or processes through the Service, in accordance with Article 1240 of the French Civil Code.

ContentCrea may immediately suspend all or part of the access to the Service where such action is reasonably necessary to:

  • stop a manifest breach of these GTC/GU or applicable law;
  • prevent or limit harm to the security or integrity of the Service, the Data or a third party’s systems;
  • respond to an actual or suspected account compromise;
  • prevent fraudulent or abusive use, or use likely to affect other Clients;
  • comply with a legal or regulatory obligation or a decision issued by a competent authority.

Where circumstances permit, ContentCrea shall inform the Client in advance of the reasons for the suspension and its expected duration. Otherwise, such information shall be provided as soon as reasonably possible.

The suspension shall be limited to what is necessary and shall end when its cause no longer exists. It shall not release the Client from its obligation to pay amounts already due where the suspension results from a breach attributable to the Client.

Article 6 – Artificial Intelligence Features

The Service includes features based on artificial intelligence systems and models that may produce Generated Content from the Client’s instructions, settings and Client Data.

6.1 Nature of the Outputs

The Client acknowledges that Generated Content is produced using probabilistic processes. It may, in particular, be inaccurate, incomplete, ambiguous, outdated, unsuitable for the Client’s context or similar to content produced for third parties.

ContentCrea does not warrant the accuracy, completeness, originality or fitness of Generated Content for any particular purpose.

The quality of the outputs depends, in particular, on the quality, accuracy and relevance of the information provided by the Client.

6.2 Human Review

Generated Content is intended to assist with the design, structuring and drafting of content. It is not intended to be used or published without appropriate human review.

The Client remains solely responsible for reviewing, validating, adapting and using Generated Content. In particular, the Client shall verify:

  • its factual accuracy;
  • its compliance with applicable laws and regulations;
  • compliance with intellectual property rights, privacy, personality rights and confidentiality obligations;
  • its suitability for the Client’s activities, objectives, editorial policy and intended audience;
  • whether the use of artificial intelligence must be disclosed under applicable law.

6.3 No Regulated Professional Advice

Generated Content does not constitute legal, tax, accounting, financial, medical or other regulated professional advice.

The Client shall not make any decision producing legal, financial, medical or other significant effects on an individual solely on the basis of Generated Content.

6.4 Data and Instructions Supplied by the Client

The Client warrants that it holds all rights and authorisations required to submit and use the data, documents, texts, trademarks, information and instructions entered into the Service.

The Client shall not submit to the artificial intelligence features any information whose disclosure to ContentCrea or its Third-Party Providers would be unlawful, prohibited by a confidentiality obligation or contrary to a third party’s rights.

6.5 Third-Party Model Providers

Certain features rely on models, APIs or infrastructure operated by Third-Party Providers.

Such Third-Party Providers may modify their models, usage rules, capabilities, security mechanisms or technical conditions. These changes may temporarily or permanently affect the performance, behaviour or availability of certain features.

ContentCrea shall use reasonable efforts to maintain continuity of the Service but does not warrant that any particular model, feature or level of performance will remain available throughout the term of the agreement.

Article 7 – Support, Maintenance and Availability

ContentCrea provides technical support by email and through a ticketing system, with an average response time of 48 business hours.

Support does not cover incidents resulting from improper use or a non-compliant environment.

ContentCrea may temporarily interrupt all or part of the Service to carry out corrective, preventive, evolutionary or security maintenance.

Where reasonably possible, planned maintenance likely to have a significant effect on the availability of the Service shall be notified to the Client within a reasonable period.

Urgent work required to protect the security, integrity or stability of the Service may be carried out without prior notice.

ContentCrea does not warrant uninterrupted availability of the Service unless a specific service-level commitment is expressly included in the Order Form. Reasonable interruptions arising from maintenance, security requirements or circumstances outside ContentCrea’s control shall not give rise to compensation, subject to mandatory law and the limitations set out in these GTC/GU.

Article 8 – Data, Reversibility and Switching

Where it processes personal data on behalf of the Client in connection with the provision of the Service, ContentCrea acts as a processor within the meaning of Article 28 of Regulation (EU) 2016/679 of 27 April 2016.

The Client remains responsible for the personal-data processing activities it carries out through the Service and warrants that it has an appropriate legal basis for such processing.

The Client remains the holder of the rights relating to its Client Data, subject to third-party rights and ContentCrea’s own rights in the Service.

The conditions applicable to the processing of personal data carried out by ContentCrea on behalf of the Client are set out in the Data Processing Agreement appended to these GTC/GU, which forms an integral part thereof.

ContentCrea implements the appropriate technical and organisational measures referred to in Article 32 of the GDPR to ensure a level of security appropriate to the risks affecting personal data processed through the Service.

The Client may export, using the features made available to it or upon request to the support service, the categories of exportable Data described in the Service documentation.

Exportable Data includes input and output data directly or indirectly generated or co-generated through the Client’s use of the Service, to the extent that such data is available and technically exportable. It may include information relating to the organisation, personas, plans, calendars, topics, content, social posts and related metadata.

Data, components, models, internal instructions, technical parameters, security logs, information relating to the integrity of the Service and other elements belonging to ContentCrea or a Third-Party Provider and protected by intellectual property rights or constituting trade secrets are excluded from the export. Such exclusions shall not unduly prevent or delay the export of the Client’s Data.

The available export formats, methods and known technical limitations are described in the documentation or interface of the Service. Data shall be provided in a structured, commonly used and machine-readable format where technically possible.

The Client may request:

  • the transfer of its exportable Data to another data-processing service provider;
  • its transfer to the Client’s own ICT environment;
  • or its deletion upon termination of the agreement.

A switching or transfer request shall be submitted to ContentCrea together with the information reasonably required to process it. The maximum notice period required to initiate the process shall not exceed two (2) months.

Unless technically unfeasible for duly justified reasons, the transitional period shall be limited to thirty (30) calendar days from the end of the applicable notice period. During that period, ContentCrea shall provide reasonable assistance, maintain an appropriate level of security and take reasonable measures to ensure continuity of the Service.

Where it is technically unfeasible to meet that period, ContentCrea shall inform the Client within fourteen (14) working days of the request, provide the reasons for the technical unfeasibility and specify an alternative transitional period not exceeding seven (7) months.

The Client may request one extension of the transitional period for a duration appropriate to its needs.

At the end of the transitional period, the Client shall have a minimum period of thirty (30) calendar days in which to retrieve its exportable Data. During this period, the Service may be limited to the functions necessary for such retrieval.

After expiry of the retrieval period, or on a later date agreed between the parties, ContentCrea shall delete the relevant exportable Data and digital assets, subject to statutory retention obligations, backups governed by normal rotation cycles and data whose retention is necessary for the establishment, exercise or defence of legal claims.

The standard export and switching process shall be provided without any specific switching charge. Additional services expressly requested by the Client that exceed ContentCrea’s legal obligations or require specific development, transformation or intervention may be subject to a prior quotation.

In connection with the operation of the Service, ContentCrea may use application programming interfaces supplied by third-party providers, in particular in the field of artificial intelligence, to enable the generation and optimisation of editorial content. The Client is informed that certain Client Data strictly necessary for the performance of the relevant feature may be transmitted to such third-party providers.

ContentCrea shall ensure that such processors provide sufficient guarantees regarding the implementation of appropriate technical and organisational measures, in accordance with Article 28 of the GDPR.

Where the Data transmitted to a Third-Party Provider includes personal data, such data shall be processed in accordance with applicable data-protection laws and the contractual commitments governing processing activities.

The list or categories of sub-processors, together with information on any international data transfers, shall be made available to the Client in the privacy policy, contractual documentation or another appropriate medium.

As the Service relies in part on such third-party providers, ContentCrea shall not be liable for interruptions, malfunctions or limitations directly resulting from failures by such providers over which ContentCrea has no control. However, ContentCrea shall use all commercially reasonable efforts to limit the effect of such failures and restore 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 9 – Generated Content and Intellectual Property

ContentCrea retains all intellectual property rights relating to the Service, in accordance with Articles L.111-1 et seq. of the French Intellectual Property Code.

Any reproduction, distribution or modification without prior written authorisation is prohibited, in accordance with Article L.122-4 of the French Intellectual Property Code.

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

ContentCrea does not claim ownership of Client Data or, to the extent that such rights exist, of Generated Content produced specifically for the Client from its instructions and Data.

Subject to full payment of all amounts due, ContentCrea grants the Client, in respect of any rights it may hold in Generated Content, a worldwide licence that is exclusive as against ContentCrea, transferable, sublicensable and valid for the entire statutory term of protection, allowing the Client to reproduce, display, adapt, modify, translate, publish, distribute and exploit such Generated Content in any medium.

This provision does not constitute any warranty:

  • that Generated Content is or may be protected by intellectual property rights;
  • that it is original or exclusive;
  • that it does not infringe third-party rights;
  • or that an identical or similar output will not be generated for another user.

The Client remains fully responsible for reviewing and exploiting Generated Content.

ContentCrea’s rights in the Service, its data models, methods, interfaces, software, system prompts, internal rules, documentation and pre-existing materials remain unaffected.

Article 10 – Liability

The Service is provided “as is”. ContentCrea is subject to a reasonable-efforts obligation in providing the Service.

Given the probabilistic nature of artificial intelligence features, ContentCrea shall not be liable for any decision, publication, communication or use made by the Client without appropriate review of Generated Content.

ContentCrea does not warrant that Generated Content will be free from errors, omissions, inappropriate wording, similarities with third-party content or elements liable to infringe a third party’s rights.

ContentCrea’s liability shall not exceed the amount, excluding taxes, of the fees actually paid by the Client during the twelve (12) months preceding the event giving rise to the damage, except in cases of fraud or gross negligence or where the application of this limitation would deprive an essential obligation of ContentCrea of its substance.

ContentCrea shall not be liable for indirect damage suffered by the Client, including loss of profits, revenue, customers, business opportunities or damage to reputation.

ContentCrea shall not be liable for any unavailability or degradation directly attributable to:

  • telecommunications networks or Internet service providers;
  • the Client’s systems, software or equipment;
  • a Third-Party Provider over which ContentCrea has no control;
  • use of the Service contrary to these GTC/GU or the documentation;
  • or action required to address a security risk.

This exclusion shall not apply where the damage results from ContentCrea’s breach of its own contractual obligations, a failure to exercise due care in selecting or supervising a Third-Party Provider, gross negligence, fraud or breach of an essential obligation.

Article 11 – Changes to the Service and Experimental Features

11.1 Changes to the Service

ContentCrea may modify the Service, in particular to improve its features, usability, performance, security, regulatory compliance or technical architecture.

Such changes may result in features, interfaces, artificial intelligence models, generation methods or third-party integrations being modified, replaced or removed.

ContentCrea shall ensure that such changes do not deprive the Service of its essential features in view of the subscription purchased.

Where a change results in a material and lasting reduction in the essential features of the Service, ContentCrea shall notify the Client within a reasonable period. Where that reduction significantly affects the use that the Client could reasonably expect, the Client may terminate its subscription before the change takes effect or, where the change has already been implemented for security or compliance reasons, within thirty (30) days following notification.

Minor changes, improvements, interface changes, technical adaptations and the replacement of a component by another component providing broadly equivalent functions shall not constitute a material reduction in the Service.

11.2 Experimental Features

ContentCrea may make Experimental Features available.

Such features are provided for evaluation purposes and may be incomplete, unstable, modified, suspended or withdrawn at any time.

Unless otherwise agreed in writing, Experimental Features:

  • are not subject to any specific availability, performance or retention commitment;
  • shall not be used for critical operations;
  • may produce results different from generally available features;
  • and shall not be taken into account when assessing whether the essential features of the Service have been maintained.

The Client uses Experimental Features at its own risk and shall retain a copy of any important data processed through them.

Article 12 – Termination

In the event of a material breach by the Client of its obligations, ContentCrea may automatically terminate the agreement after formal notice has remained without effect, in accordance with Article 1224 of the French Civil Code.

Early termination at the Client’s initiative shall not give rise to any refund, except where the termination results from a breach attributable to ContentCrea, in which case a pro rata refund shall be made.

Article 13 – Changes to the GTC/GU

ContentCrea may amend these GTC/GU by giving thirty (30) days’ prior notice by email.

If the Client does not accept the amended provisions, it may terminate the agreement without charge before they take effect.

Article 14 – Force Majeure

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

Article 15 – Assignment

The Client may not assign the agreement without ContentCrea’s prior consent, except in the event of a universal transfer of assets, including through a merger, contribution or transfer of a business.

ContentCrea may freely assign the agreement to any Affiliate within the meaning of Article L.233-3 of the French Commercial Code.

Article 16 – Governing Law and Jurisdiction

These GTC/GU are governed by French law.

Any dispute relating to their validity, interpretation or performance shall be subject to the exclusive jurisdiction of the Lyon Commercial Court, including in the event of multiple defendants or third-party proceedings.

Article 17 – Electronic Acceptance

In accordance with Article 1366 of the French Civil Code, electronic acceptance has the same evidential value as a handwritten signature.

In the event of any discrepancy, the French version shall prevail.

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