Term of use

1. Legal Notice and Acceptance

These Terms of Use (the "Terms") govern access to and use of the website www.mountainedge.ai (the "Website") and the services offered on it (the "Services"). Items in [brackets] must be completed before publication.

Publisher. The Website is published by MOUNTAIN, a société par actions simplifiée (SAS) with share capital of 397,799 euros, registered with the Grenoble Trade and Companies Register under number 989 487 434 R.C.S. Grenoble, whose registered office is at Arteparc, Bâtiment E, 22 chemin du Vieux Chêne, 38240 Meylan, France. Intra-community VAT number: FR26989487434.

• Director of publication: Vincent Huard, President
• Contact: contact@mountainedge.ai

Acceptance. By accessing the Website or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Website or the Services. Where you use the Services on behalf of an organisation, you confirm that you are authorised to bind that organisation to these Terms.

2. Definitions

• Account: the personal space created by a User to access all or part of the Services.
• Company or we: MOUNTAIN SAS, as identified in Article 1.
• Consumer: any natural person acting for purposes outside their trade, business, craft or profession.
• Input: any data, text, file or prompt submitted by a User to the Services.
• Output: any content generated by the Services in response to an Input, including content generated by artificial intelligence.
• Professional User: any User acting for the purposes of their trade, business or profession.
• User or you: any person who accesses the Website or uses the Services.

3. Access to the Services and Accounts

Description. The Services consist of integrated solutions combining artificial intelligence, embedded software and networks to bring intelligence, wherever it matters. The Company may add, modify or withdraw features at any time.

Eligibility. You must be at least 18 years old, or the age of majority in your country, to create an Account. Persons aged 15 to 18 may use the Services only with the consent of a parent or legal guardian.

Account. You agree to provide accurate information and keep it up to date. You are responsible for keeping your login credentials confidential and for all activity carried out through your Account. You must notify us without delay at contact@mountainedge.ai of any unauthorised use.

Technical requirements. Access requires an internet connection and compatible equipment, at your own cost. The Company does not guarantee that the Website is compatible with every device or browser.

4. Acceptable Use

You agree to use the Website and Services lawfully, in good faith and in accordance with these Terms. In particular, you must not:

• submit Inputs that are unlawful, defamatory, discriminatory, violent, pornographic, or that infringe the rights of third parties (intellectual property, privacy, image rights);
• submit personal data of third parties without a valid legal basis, or special categories of data (health, biometrics, etc.) unless expressly permitted;
• use the Services to generate misinformation, spam, malware, or content intended to deceive people into believing it was produced by a human when that matters;
• attempt to bypass security measures, usage limits or content filters, or reverse-engineer, decompile or extract the models, source code or data underlying the Services;
• use automated means (bots, scrapers) to access the Website without our prior written consent;
• use the Outputs to develop a product or model that competes with the Services;
• resell, sublicense or make the Services available to third parties without authorisation.

Any breach of this Article may lead to suspension or termination of your Account under Article 10, without prejudice to any damages the Company may claim.

5. Artificial Intelligence and Outputs

Transparency. The Services rely on artificial intelligence systems, including models provided by third parties [name providers if desired]. In accordance with Regulation (EU) 2024/1689 (the "AI Act"), Users are informed that they are interacting with an AI system, and AI-generated content may be identified as such.

Limitations. Outputs are generated automatically and may be inaccurate, incomplete, outdated or similar to content generated for other Users. They do not constitute legal, financial, medical or any other professional advice. You remain solely responsible for reviewing Outputs and for any use or decision based on them.

Human oversight. You must not use the Services as the sole basis for decisions producing legal or similarly significant effects on individuals, nor for any use classified as prohibited or high-risk under the AI Act, unless agreed in writing with the Company.

Model improvement. [Choose one: "The Company does not use your Inputs or Outputs to train AI models." OR "The Company may use Inputs and Outputs, in de-identified form, to improve the Services; you can opt out in your Account settings."]

6. Intellectual Property

Company content. The Website, the Services and all their components (software, models, databases, texts, graphics, logos, the "Mountain Edge" trademark [registration no., if any]) are the exclusive property of the Company or its licensors and are protected by the French Intellectual Property Code and international law. Any reproduction, representation or exploitation without prior written authorisation is prohibited and may constitute infringement (contrefaçon).

Licence to use. Subject to compliance with these Terms, the Company grants you a personal, non-exclusive, non-transferable and revocable right to use the Services for the duration of your Account.

Inputs. You retain all rights in your Inputs. You grant the Company a non-exclusive, worldwide licence to host, reproduce and process them solely to provide, secure and maintain the Services. You warrant that you hold all rights necessary to submit them.

Outputs. To the extent permitted by law, the Company assigns to you any rights it may hold in the Outputs generated from your Inputs. You acknowledge that Outputs may not be protectable by copyright and that similar Outputs may be generated for other Users.

7. Personal Data and Cookies

The Company processes personal data as data controller in accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act of 6 January 1978 as amended. Details of the data collected, purposes, legal bases, retention periods, recipients and transfers outside the EU are set out in our Privacy Policy.

You have the right to access, rectify, erase, restrict, object to and port your data, and to give instructions on its use after your death. To exercise these rights, contact contact@mountainedge.ai. You may also lodge a complaint with the CNIL (www.cnil.fr).

Non-essential cookies are placed only with your prior consent, which you can withdraw at any time via the cookie banner or our Cookie Policy.

Where a Professional User submits personal data of third parties as Input, the Company acts as processor on its behalf, under the terms of a [Data Processing Agreement] available on request.

8. Fees, Payment and Right of Withdrawal

[Delete this Article if the Services are entirely free.]

Plans and prices. Paid plans and their prices are shown on the Website before subscription, in euros and including all taxes for Consumers. Subscriptions are billed [monthly / annually] in advance and renew automatically unless cancelled from your Account before the renewal date. Payments are processed by [payment provider]; the Company does not store your card details.

Price changes. The Company may change its prices by giving at least 30 days' notice by email. The new price applies from the next renewal, and you may cancel before it takes effect.

Right of withdrawal (Consumers). Under Article L.221-18 of the French Consumer Code, Consumers have 14 days from subscription to withdraw without giving reasons, by contacting contact@mountainedge.ai. If you expressly request that the Services start before the end of this period, you will owe an amount proportionate to the Services provided until withdrawal. Where digital content is supplied immediately with your express consent and acknowledgement that you lose your right of withdrawal, that right no longer applies (Article L.221-28).

Late payment (Professional Users). Late payments bear interest at three times the French legal interest rate, plus a fixed recovery fee of 40 euros (Article L.441-10 of the French Commercial Code).

9. Warranties and Liability

Availability. The Company uses reasonable efforts to keep the Website and Services available 24/7, under a best-efforts obligation (obligation de moyens). Access may be interrupted for maintenance, updates or reasons beyond our control, without entitling you to compensation.

Exclusions. The Company is not liable for: (i) the use you make of Outputs; (ii) the content of Inputs; (iii) third-party websites or services linked from the Website; (iv) damage caused by your breach of these Terms; or (v) events of force majeure as defined in Article 1218 of the French Civil Code.

Professional Users. To the extent permitted by law, the Company is liable only for direct and foreseeable damage. It is not liable for indirect damage such as loss of profit, data, business or reputation. Its total liability is capped at the amounts paid by the User over the 12 months preceding the event giving rise to the claim [or a fixed amount for free plans].

Consumers. Nothing in these Terms limits the Company's liability toward Consumers where such limitation is prohibited by law, nor the legal conformity guarantee for digital content and services (Articles L.224-25-12 et seq. of the French Consumer Code).

Your liability. You will indemnify the Company against any claim by a third party arising from your Inputs or from your use of the Services in breach of these Terms.

10. Suspension, Termination and Changes

By you. You may close your Account at any time from your Account settings or by writing to contact@mountainedge.ai. Paid subscriptions remain active until the end of the current billing period.

By the Company. The Company may suspend or terminate your Account, after notice by email giving you 15 days to remedy the breach, if you breach these Terms. In case of serious breach (illegal content, security attack, fraud), suspension may be immediate.

Effect. On termination, your right to use the Services ends. Your data is deleted or anonymised within [30] days, except where retention is required by law. You may export your data before closing your Account.

Changes to the Terms. The Company may update these Terms. Users will be informed by email or on the Website at least 30 days before material changes take effect. Continued use after that date constitutes acceptance; if you do not agree, you may close your Account.

11. Governing Law, Disputes and Contact

Governing law. These Terms are governed by French law. For Consumers residing in another EU Member State, this choice does not deprive them of the protection of the mandatory provisions of their country of residence.

Amicable resolution. Before any legal action, the parties agree to seek an amicable solution by contacting contact@mountainedge.ai.

Consumer mediation. In accordance with Article L.612-1 of the French Consumer Code, Consumers may refer a dispute free of charge to the consumer mediator [name of mediator, website, address] after first making a written complaint to the Company.

Jurisdiction. Any dispute with a Professional User falls within the exclusive jurisdiction of the courts of Grenoble, France, including in summary proceedings or where there are multiple defendants. Consumers may bring proceedings before the courts of their place of residence or any court with jurisdiction under applicable law.

Language. These Terms are drafted in English. [If a French version exists: in case of discrepancy, the French version prevails.]

Contact. MOUNTAIN SAS, Arteparc, Bâtiment E, 22 chemin du Vieux Chêne, 38240 Meylan, France – contact@mountainedge.ai.