Terms of Service
CLUSTOR (B2B)
Last updated: January 20, 2026
1) Purpose
These Terms govern the use of the CLUSTOR SaaS platform (the "Service") and the sale of related subscriptions between CLUSTOR (the "Provider") and any professional customer (the "Client"). Creating an account, placing an order or using the Service constitutes acceptance without reservation.
2) Definitions
"User": natural person acting on behalf of the Client and accessing the Service. "Client Data": content and information processed via the Service, including documents/CVs. "Subscription": right to access the Service for a specified period, according to a plan (Starter, Pro, Enterprise). "Quote" or "Specific Terms": contractual document signed between CLUSTOR and the Client specifying the specific conditions of the Subscription (duration, price, number of users, options).
3) Hierarchy of contractual documents
In case of contradiction between contractual documents, the following order of precedence applies: a) The Quote or Specific Terms signed by the parties; b) These Terms; c) Appendices (DPA, Technical Appendix, etc.). The provisions of the Quote prevail over these Terms for the elements it expressly specifies (price, commitment period, specific payment conditions, etc.).
4) Account creation – Access
Access requires creating an account and accepting these Terms. The Client guarantees the accuracy of the information provided, the confidentiality of credentials and compliant use by its Users. CLUSTOR may suspend access in case of breach or security risk.
5) License of use and restrictions
CLUSTOR grants the Client a non-exclusive, non-transferable license limited to the subscription term for internal professional purposes exclusively. Licenses are strictly nominative: each user account is personal and cannot be shared between multiple individuals. Sharing credentials is prohibited and constitutes a contractual breach that may result in immediate suspension of the affected account.
5.2 Prohibition of access by competitors
The Service is exclusively intended for the Client's internal professional needs. Access to the Service by a direct or indirect competitor of the Provider, or by any third party acting on behalf of a competitor (particularly for benchmarking, feature copying, competitive analysis or industrial espionage purposes), is strictly prohibited. In case of violation, CLUSTOR reserves the right to immediately suspend access without notice or compensation, terminate the contract at the Client's fault, and take any legal action for unfair competition.
5.3 Client declaration
By subscribing to the Service, the Client certifies on honor: that it does not develop, market or is not significantly invested in a software solution competing with CLUSTOR; that it is not acting on behalf of a CLUSTOR competitor; that access to the Service is intended for legitimate professional use. Any false declaration results in immediate termination of the contract at the Client's exclusive fault.
5.4 Prohibited uses
The following are expressly prohibited: reverse engineering, disassembly, decompilation or any attempt to extract source code; systematic observation of operation to copy logic or algorithms; massive screenshots or video recording of interfaces; analysis of API calls or technical architecture; scraping and automated data extraction; deliberate server overload; resale or provision to unauthorized third parties.
6) Plans and pricing
- Starter: free, 1 user, limited usage.
- Pro: €40/month/user (annual commitment) or €50/month/user (no commitment), 14-day trial.
- Enterprise: from €975/month, on custom quotation.
Prices are exclusive of taxes. French VAT applies. CLUSTOR may update pricing with a minimum thirty (30) days notice; new conditions apply to the next subscription period or renewal.
6.2 Annual indexation
After the Initial Period, the SaaS Fee will be automatically indexed each year on the contract anniversary date according to the SYNTEC index variation. The formula applied is: P1 = P0 × (S1/S0), where P1 is the new price, P0 the previous year price, S0 the last SYNTEC index published at signature date, and S1 the last SYNTEC index published at revision date. This indexation cannot exceed 10% per year unless expressly agreed by the parties.
7) Order – Billing – Payment
The order is deemed concluded upon payment validation (for online subscriptions) or upon Quote signature (for Enterprise subscriptions). Unless otherwise stated on the Quote, Pro and Enterprise Subscriptions are concluded for an Initial Period of twelve (12) months. Payment can be made by credit card or bank transfer (deadline: 30 days net). For annual subscriptions, payment is due in full upon signature. Access activation is conditional on effective receipt of payment.
7.4 Payment default
In case of payment default, a reminder will be sent by email. Failing regularization within eight (8) days, CLUSTOR may suspend access to the Service without this constituting a breach of contract, apply late payment interest at the legal rate plus 3 points, charge a flat-rate indemnity of €40, and terminate the contract after formal notice remaining unsuccessful for 15 days.
8) Term – Renewal – Termination
Subscriptions are concluded for the Initial Period mentioned on the Quote or, failing that, for twelve (12) months. At the end, the Subscription automatically renews by tacit renewal. The Client may terminate with 30 days notice before the end of the period. Any payment made is definitively acquired and will not give rise to any refund. In case of early termination, amounts corresponding to the remaining period remain due.
9) Free trial (14 days – Pro)
A free trial may be offered. After the trial, the Pro subscription becomes payable unless cancelled. CLUSTOR may refuse or withdraw the trial in case of abuse. The withdrawal right does not apply to B2B relationships.
10) Client Data – Confidentiality
The Client remains the owner of Client Data. CLUSTOR acts as processor (following the Client's instructions) for those data and as controller for account, billing and security data. CLUSTOR applies appropriate security and confidentiality measures. GDPR terms are detailed in the Privacy Policy and DPA appendix.
11) Intellectual property
The Service, including its source code, architecture, algorithms, AI models, interfaces and documentation, are the exclusive property of CLUSTOR or its licensors. No transfer of rights is granted beyond the limited license of use. The Client acknowledges that the Service incorporates know-how constituting trade secrets within the meaning of Directive (EU) 2016/943. Outputs generated from Client Data may be used by the Client, subject to third-party rights.
12) Support – Maintenance – Availability
CLUSTOR provides corrective/evolutionary maintenance and updates without guaranteeing the absence of occasional downtime. Standard email support is available. Unless otherwise agreed for Enterprise, no quantified SLA is owed.
12.1 Anomaly levels
Blocking Anomaly: anomaly making it impossible to use all Service functionalities. Major Anomaly: anomaly severely degrading an essential functionality without blocking overall use. Minor Anomaly: any other anomaly (aesthetic, comfort).
12.2 Response times
CLUSTOR commits to acknowledging receipt of any Blocking Anomaly report within four (4) business hours and to implementing a fix or workaround as soon as possible.
13) Warranties – Liability
The Service is provided "as is" without guarantee of results. CLUSTOR does not guarantee the exhaustive accuracy of AI analyses or suitability for a particular purpose. CLUSTOR's total and cumulative liability is limited to the amount excl. VAT paid by the Client during the twelve (12) preceding months. Indirect damages, loss of business, profit or data are excluded.
13.2 Exclusion for third-party services
The Service relies on third-party infrastructures and services (Microsoft Azure, OpenAI, Vercel, Supabase). CLUSTOR cannot be held liable for malfunctions, outages or unavailability attributable to these providers, including cloud service outages, AI API unavailability, or unilateral modifications to these third-party services.
13.3 Economic hardship
In case of an increase of more than fifteen percent (15%) in the prices charged by third-party providers (notably OpenAI, Microsoft Azure or Vercel), CLUSTOR reserves the right to request a renegotiation of the financial terms. Failing agreement between the Parties within thirty (30) days, either Party may terminate the contract without indemnity.
14) Security – Compliance
Hosting and processing in France/EU (Vercel, Supabase FR, Azure France). Encryption in transit, access controls, database RLS, security logging. The Client undertakes not to upload unlawful content and to comply with applicable regulations (including personal data).
15) Reversibility – Data handling
At the end of the contract, CLUSTOR commits to returning all Client Data free of charge in a standard readable format (CSV or JSON) within thirty (30) days of the Client's written request. CLUSTOR will not retain any copy of the data beyond this period, except for legal retention obligations (notably invoices). Specific extraction or migration assistance services may be quoted separately.
16) Commercial reference
Unless the Client objects in writing within fifteen (15) days following the Quote signature or account creation, the Client authorizes CLUSTOR to cite its name and use its logo in its commercial documents, presentations and website, as a commercial reference. This authorization is granted for the duration of the contract and 24 months following its end.
17) Non-solicitation of personnel
During the entire duration of the contract and for twelve (12) months following its termination, the Client is prohibited from soliciting, hiring or employing any employee or collaborator of CLUSTOR who participated in the execution of the contract. In case of violation, the Client agrees to pay a flat-rate indemnity equal to twelve (12) months of gross remuneration of the person concerned.
18) Modifications
CLUSTOR may modify these Terms with thirty (30) days notice. The Client is informed by reasonable means (website, notification). Continued use after entry into force constitutes acceptance. In case of substantial modification, the Client has a right to terminate without penalty within 30 days.
19) Governing law – Jurisdiction
French law. In case of dispute, the parties will endeavor to find an amicable solution. Failing agreement within 30 days, the dispute will be submitted to the exclusive jurisdiction of the courts of Metz, unless otherwise required by public policy.
20) AI transparency – Data usage
Unless otherwise agreed in writing, CLUSTOR does not use Client Data to train generic AI models. AI processing is limited to delivering the Service functionality for the Client. Any dedicated training/fine-tuning must be contractually agreed. The Client remains responsible for the lawfulness of submitted content (third-party rights, personal data). CLUSTOR commits to maintaining the Service in compliance with the provisions of Regulation (EU) 2024/1689 (AI Act) applicable to limited-risk AI systems.
21) AI-generated content – Warning
AI outputs are provided "as is" and must be reviewed by the Client. They may contain errors or bias. The Client commits to putting appropriate human supervision in place and not to rely solely on these outputs for decisions producing legal effects without adequate checks.
22) General provisions
These Terms, the Quote and appendices constitute the entire agreement between the parties. If a clause is declared null, the others remain in force. CLUSTOR's failure to enforce a breach shall not be construed as a waiver. The Client may not assign the contract without CLUSTOR's prior written consent.
23) Force majeure
Neither Party shall be held liable for failure or delay in performing its contractual obligations if such failure results from force majeure within the meaning of Article 1218 of the French Civil Code. The following are notably considered force majeure events: natural disasters, fires, floods, lightning; general strikes, riots, wars, acts of terrorism; widespread telecommunications or electricity network failures; large-scale cyberattacks; governmental or regulatory decisions preventing contract performance. The affected Party must notify the other Party as soon as possible. If force majeure continues beyond three (3) months, either Party may terminate the contract without indemnity.
24) Mutual confidentiality
Each Party undertakes to treat as strictly confidential and not to disclose information from the other Party that it may become aware of in connection with the contract, including: pricing terms, technical data, working methods, internal processes, commercial strategies. This confidentiality obligation applies throughout the contract term and for five (5) years after its end. It does not apply to information that is: already public; legitimately obtained from a third party; required to be disclosed by law or a competent authority.
25) Audit rights
The Client (Enterprise plans only) may, once a year and at its own expense, conduct a security audit to verify the Service's compliance with contractual commitments and applicable security standards. This audit must be notified in writing thirty (30) days in advance and conducted by an independent approved firm that is not a competitor of CLUSTOR. The audit must not disrupt normal Service operation. The audit is limited exclusively to Client Data security and may under no circumstances cover source code, proprietary algorithms, system prompts, AI architecture or any other element constituting CLUSTOR trade secrets. The final report must be communicated to CLUSTOR, who will have a reasonable period to remedy any identified non-conformities.