1. Acceptance of these Terms
These Terms of Service ("Terms") are a legal agreement between you ("you", the "Merchant") and Conversell, la Société par actions simplifiée unipersonnelle (SASU) incorporated under French law with a share capital of €15,000, with its registered office at 9 rue des Colonnes, 75002 Paris, France, registered under number 983 844 143 RCS Paris (the "Company", "Conversell", "we", "us", "our").
By accessing or using Conversell, you acknowledge that you have read, understood and agree to be bound by these Terms. By accepting these Terms, you represent that you have authority to bind the entity you represent. If you do not agree, you must stop using the Service.
These Terms take effect when you accept them at registration or subscription. By subscribing to the Service, you accept these Terms and the Privacy Policy, which forms part of these Terms. We keep a record of the version you accepted. Where a material change is made, we will ask you to accept the updated Terms.
2. The Service
Conversell is a cloud-based conversational AI platform that lets Merchants build and operate AI chatbots and voice assistants across multiple channels, including website chat widget, Facebook Messenger, Instagram, WhatsApp and voice / telephony (callbot), for customer support and sales. A fuller description is available at conversell.ai.
Conversell is a constantly evolving service. We may add, modify or remove features without prior notice, and will endeavour to notify material changes. The Service is protected by copyright, trade secrets and other intellectual property rights.
3. Eligibility and registration
Use of the Service requires registration. You must provide accurate and complete information, validate your account, and follow the integration and installation procedure. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
The Service integrates with third-party platforms including Meta (Facebook, Messenger, Instagram, WhatsApp), Shopify and Google. Your use of those channels is also subject to the respective platform terms and policies, including Meta's Platform Terms and Developer Policies and Shopify's Terms of Service and API Terms. Conversell is not endorsed by, affiliated with, or sponsored by these platforms, and we are not responsible for their availability or changes to their APIs.
4. Your responsibilities
You are solely responsible for your channels, your conduct, and all data, text, links, information, images and other material ("Content") you choose to display through Conversell. In particular, you must:
- Comply with all applicable laws, in particular intellectual property laws and the GDPR.
- Inform your End-Users of the processing carried out and obtain any consent required for the collection, storage and processing of personal data from your store or any channel.
- Comply with the terms and policies of each connected platform (Meta, Shopify, Google).
- Not use the Service for any illegal, harmful or unauthorised purpose.
Conversell shall not be liable for your failure to meet these obligations. We provide a feature allowing the deletion of an End-User's data (see the Privacy Policy).
5. Acceptable use
We may suspend or terminate your use of the Service if we determine, in our reasonable discretion, that your Content or store is unlawful, offensive, threatening, infringing or otherwise objectionable, or violates these Terms or any platform policy.
6. Fees and billing
Use of the Service is subject to the fees set out in our pricing, available at conversell.ai/pricing. We may change the price from time to time. Where the Service is purchased through the Shopify App Store, billing is processed through Shopify's Billing API and is also governed by Shopify's terms. Fees are stated in the applicable currency and, unless stated otherwise, are exclusive of taxes.
7. Data protection
Our processing of Personal Data is described in our Privacy Policy, which forms part of these Terms. Where Conversell processes End-User personal data on your behalf, we act as your Processor and you act as Controller. The data processing terms governing that relationship (subject-matter, our obligations as Processor, sub-processors, security and deletion) are set out in the Privacy Policy; no separate Data Processing Agreement is required. You remain responsible for the lawfulness of the data you provide and the instructions you give.
You retain editorial responsibility for, and ownership of, your Content. You are solely responsible for its quality, lawfulness and relevance, and you guarantee that you hold the rights necessary to use it with the Service. Conversell, as a service provider, disclaims liability for non-compliance of Content provided by you. All rights in the Service itself remain with Conversell.
8. Disclaimer of warranties
The Service is provided on a reasonable-effort basis. While we strive to keep the Service available, we do not warrant that it will meet your requirements or be uninterrupted, timely, secure or error-free, nor do we warrant the accuracy or reliability of any output, including AI-generated responses. To the greatest extent permitted by law, there are no warranties other than those expressly stated herein.
9. Limitation of liability
To the extent permitted by law, our aggregate liability arising out of or in connection with the Service and these Terms shall be limited to the total fees paid by you to Conversell during the three (3) months immediately preceding the event giving rise to the claim. We shall not be liable for any indirect or consequential loss, including loss of production, data, profits, contracts, business, revenue, goodwill or reputation.
Nothing in these Terms excludes or limits our liability for fraud, willful misconduct, gross negligence (faute lourde ou dolosive), death or personal injury, or any liability that cannot be excluded or limited under applicable law.
10. Indemnification
You agree to indemnify and hold harmless Conversell (and its affiliates, officers, directors, employees and partners) from any claim or demand, including reasonable legal fees, made by a third party arising out of your breach of these Terms, your Content, or your violation of any law or third-party right.
11. Term and termination
You may terminate these Terms at any time by ceasing to use the Service and closing your account. We may terminate or suspend these Terms upon notice, or immediately in case of breach or non-payment. Upon termination, your right to use the Service ceases and we will delete or return your data in accordance with the Privacy Policy and applicable law.
12. Modifications
We may modify these Terms or the Service from time to time. Material changes will be noticed by posting on our website or by other reasonable means, and where the change is material we will ask you to accept the updated Terms. Continued use after changes take effect constitutes acceptance.
13. Governing law and jurisdiction
These Terms are governed by French law. The parties shall attempt to resolve any dispute amicably by contacting contact@conversell.ai. Failing an amicable resolution, the competent courts of Paris, France shall have exclusive jurisdiction, notwithstanding plurality of defendants or third-party claims.
14. Miscellaneous
Severability. If any provision of these Terms is held invalid or unenforceable, it shall be limited or reduced to the minimum extent necessary so that it becomes valid and enforceable, and the remaining provisions shall remain in full force and effect.
Force majeure. Conversell shall not be liable for any failure or delay in performance caused by events beyond its reasonable control.
Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition or transfer of assets.
Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between the parties and supersede any prior agreement on their subject-matter. Our failure to enforce a provision is not a waiver of it.
15. Contact
Email: contact@conversell.ai
Postal address: 9 rue des Colonnes, 75002 Paris, France