Terms of Sale

Article 1 Purpose

These Terms of Sale govern the contractual relationship between IA MARKETING, hereinafter "BAM", and any natural or legal person wishing to use the services offered on start-with-bam.com, hereinafter "the Client".

BAM offers a suite of artificial-intelligence tools dedicated to marketing, including in particular the MIKA service and its expert agents (hereinafter "the Services").

Article 2 Acceptance of the Terms

Any subscription to the Services implies full and unreserved acceptance of these Terms. The Client acknowledges having read them before placing any order.

BAM reserves the right to amend these Terms at any time. The applicable Terms are those in force on the date of the order.

Article 3 Description of the Services

The Services offered by BAM include:

• Training corpus: creation and personalisation of your marketing knowledge base (personas, positioning, market)
• Content creation: articles, posts, newsletters generated by the expert agents
• Trend monitoring: real-time market-trend analysis
• Image generation: AI-generated visuals
• Expert agents: personalised assistance (marketing, branding, copywriting, etc.)

Exact features vary by plan. Details of what each plan includes are available on the site's Pricing page.

3.1 Changes to the Services

BAM reserves the right to modify, evolve, add or remove features of the Services at any time, without notice or compensation, in particular to:

• Improve the quality or security of the Services
• Adapt to technological or regulatory changes
• Reflect changes in its suppliers' services (APIs, AI models, etc.)

If a substantial feature is removed, BAM will inform Clients within a reasonable time. Such a change cannot give rise to a refund as long as the Services remain broadly functional.

Article 4 Pricing and plans

The current prices are as follows:

Credits are consumed based on usage: Training corpus (150 credits), Trend monitoring (50 credits), Content (50 credits), 3-image pack (50 credits), Agent question (20 credits).

Unused credits do not expire: they remain available as long as the subscription is active, with no quota pressure.

BAM reserves the right to change its prices. Any change will be communicated to the Client with 30 days' notice.

Article 5 Ordering and payment

5.1 Ordering process

To subscribe to the Services, the Client must create an account, choose a plan and proceed to payment. The order is confirmed by a confirmation email.

5.2 Payment methods

Payment is made by card via our secure payment provider (Stripe). Payments are charged on the subscription anniversary date, according to the chosen billing cycle: monthly or annual. On the annual cycle, one month is free (12 months for the price of 11).

5.3 Invoicing

An invoice compliant with French law is issued and made available to the Client in their personal space after each payment.

Article 6 Automatic renewal

Subscriptions renew automatically at each term (monthly or annual depending on the chosen cycle), unless cancelled by the Client before the renewal date.

Clients on automatic renewal receive a bonus of +10% additional credits each month.

Article 7 Right of withdrawal

In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of digital content not provided on a physical medium whose performance has begun with the consumer's prior express consent.

By creating their corpus and using the Services, the Client expressly agrees that performance begins immediately and waives their right of withdrawal.

Article 8 Termination

The Client may cancel their subscription at any time from their personal space. Cancellation takes effect at the end of the current, already-paid period.

In the event of a breach by the Client of their obligations (including non-payment or abusive use), BAM reserves the right to suspend or terminate access to the Services without notice or refund.

Article 9 Intellectual property

9.1 Generated content

Content generated by the Services from the Client's data belongs to the Client, who is free to use, modify and publish it without restriction.

9.2 BAM platform

The BAM platform, its algorithms, interface and features remain the exclusive property of IA MARKETING. No intellectual-property rights are transferred to the Client.

9.3 Content uploaded by the Client

The Client warrants that it holds all rights and authorisations required for the content it uploads to the Services (in particular images, photographs and logos), including, where applicable, third-party intellectual-property rights and authorisations relating to the image rights of any persons depicted. The Client shall not upload, or have modified, the image of a person without their consent. BAM performs no prior review of uploaded content; the Client is solely responsible for its use of such content and shall indemnify BAM against any third-party claim in this respect.

Article 10 Personal data

The processing of personal data is detailed in our Privacy Policy.

Important: data uploaded by the Client (documents, training corpus) is not used to train our AI models. It is used solely to personalise the Services for that Client.

Article 11 Liability

11.1 Nature of AI-generated content

The Client acknowledges and accepts that content generated by the Services is produced by artificial-intelligence technologies and constitutes suggestions requiring human review.

This content may contain inaccuracies, factual errors, inappropriate wording or "hallucinations" inherent to language models. BAM in no way guarantees the accuracy, relevance, completeness or fitness of the generated content for any particular purpose.

11.2 Client's responsibility

The Client is solely responsible for:

• Reviewing content before any publication or use
• Adapting content to their context and needs
• Ensuring published content complies with applicable laws and regulations
• The consequences of publishing or using generated content

BAM declines all liability for damage resulting from the publication of content not reviewed by the Client.

11.3 Intellectual property of generated content

BAM does not guarantee that generated content is free from resemblance to pre-existing works. The Client is solely responsible for verifying that the content they publish does not infringe third-party intellectual-property rights.

11.4 Limitation of liability

To the fullest extent permitted by applicable law, BAM cannot be held liable for:

• Indirect, incidental, special or consequential damage
• Loss of profit, revenue or clientele
• Loss of data or reputational harm
• Decisions made on the basis of generated content

11.5 Liability cap

In any event, BAM's total liability, all causes combined, is limited to the amounts actually paid by the Client during the 3 months preceding the event giving rise to the damage.

This limitation applies whatever the nature of the claim (contractual, tortious or otherwise).

Article 12 Acceptable use

The Client agrees not to use the Services to:

• Generate illegal, defamatory, hateful or discriminatory content
• Infringe third-party intellectual-property rights
• Impersonate a person or an organisation
• Spread false or misleading information
• Any activity contrary to applicable laws and regulations

Any breach of these obligations may result in the immediate suspension of the Services.

Article 13 Service availability

13.1 Best-efforts commitment

BAM undertakes to use all reasonable means to ensure the availability of the Services. However, the Client acknowledges that BAM's commitment regarding platform availability is one of means, not of result.

13.2 Reliance on third-party providers

The Client is informed and accepts that the Services rely on infrastructure and technologies provided by third parties, including:

• Scaleway (application and database hosting · France)
• Microsoft Azure (AI-model hosting · Paris region, France Central)
• Stripe (payment processing)

BAM cannot be held liable for interruptions, slowdowns, malfunctions or unavailability resulting from failures of these third-party providers, including in the event of:

• Scheduled or emergency provider maintenance
• Outages or technical incidents at the providers
• Unilateral changes to third-party services (APIs, quotas, features)
• Suspension or discontinuation of services by a provider
• Degraded AI-model performance

13.3 No service-level guarantee

BAM does not guarantee any minimum availability rate (SLA) and cannot be held liable for the direct or indirect consequences of any unavailability, whatever its duration or cause.

In the event of prolonged unavailability (more than 7 consecutive days) not attributable to the Client, the Client may request the termination of their subscription and a pro-rata refund of the remaining days in the current period. This termination shall be the Client's sole remedy.

13.4 Maintenance

BAM reserves the right to temporarily interrupt the Services for maintenance, update or improvement operations, without this giving rise to compensation. Where possible, BAM will endeavour to inform Clients in advance of scheduled maintenance.

13.5 Force majeure

BAM cannot be held liable in cases of force majeure, including in particular: natural disasters, wars, terrorist attacks, cyberattacks, widespread Internet outages, government decisions, pandemics, or any event beyond BAM's reasonable control.

Article 14 Customer service

For any question about the Services or these Terms, the Client may contact BAM by email at: contact@start-with-bam.com

Article 15 Mediation

In accordance with Articles L.611-1 et seq. of the French Consumer Code, in the event of an unresolved dispute, consumer Clients may use a consumer mediator free of charge.

Mediator: CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice)
14 rue Saint-Jean, 75017 Paris, France
www.cm2c.net

Article 16 Governing law and jurisdiction

These Terms are governed by French law. In the event of a dispute, and after any attempt at amicable resolution has failed, the courts of Lyon shall have sole jurisdiction.

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